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.