13May 2020

What About Your Rights To A Speedy Trial?

Recently, in New Jersey, a county Superior Court took on a case about a 
defendant whose trial was continually delayed. In fact, he was charged 
with a DUI in 2016 and had his trial continually delayed by the legal 
process for about two years. It reached a point where he entered a 
conditional guilty plea to resolve his case, as it was financially 
draining to continue through the delays.

Once the defendant's conditional guilty plea was accepted he then turned 
around and filed a motion that his denial of motions to dismiss his 
charges based on continual trial delays was a violation of his 
constitutional right to a speedy trial. A lower court affirmed that his 
rights had not been violated and so he appealed to the Superior Court.

Upon hearing the case, the Superior Court decided that the defendant's 
rights had not been violated as the trial delays were due to motions 
filed by both the prosecution and defense. Also, they determined that 
the defendant did not suffer any prejudice because of the delays. 
Finally, the court stated that you must look at the totality of delays 
and the reasons for them, rather than focus on any individual delay.

If you live in Burlington, Essex, Colchester, Winooski, Williston, 
Shelburne or anywhere in the state of Vermont, and have been arrested or 
charged with DUI or any crime, call Handy Law for aggressive and 
experienced legal defense.