“The Right to a Speedy Trial”
You have a constitutional right to a speedy trial in the United States and in New Jersey.
You also have a right to see ALL of the evidence against you prior your date in court.
The evidence is contained in a file referred to as your “discovery”. If you were found in possession of drugs or weapons, these items will be outlined in the discovery. Information given by the police officer(s) at the time of your arrest, documented witness testimony, lab reports containing drug analysis, and video evidence will also be included.
The right to a speedy trial is an incredibly powerful tool to use against the state. Sometimes it takes a long time to gather evidence.
If you were arrested for drugs, the state has to prove that the substance you possessed is in fact an illegal drug. White powder isn’t necessarily cocaine, and these lab reports take time to produce. Laboratories can get backed up, scientists can be overwhelmed.
Many times videotapes take far too long to produce. If a shopping mall or even a bank can’t produce the video evidence against you in a timely fashion, your case can be dismissed based on your right to a speedy trial.
There doesn’t necessarily need to be drugs or video evidence involved in your case for this method to work. Sometimes the state is just slow.
In these cases, you will need an attorney actively filing motions on your behalf. Simply obtaining your discovery requires both money, and paperwork. Judge’s will carry cases continually if you don’t have an attorney on your side actively fighting for your constitutional rights.
Content provided by The Tormey Law Firm…