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Speedy Trial Rights in New York and New Jersey

2/21/2012

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It is commonly remarked that the wheels of justice grind slowly. Therefore, it is no surprise that clients often ask: “Don’t I have a right to a speedy trial?” The simple answer is yes, the Sixth Amendment of the United States Constitution guarantees an accused the right to a speedy trial in all criminal prosecutions. However, jurisdictions differ as to the definition of “speedy.”

In New York State, the legislature has established time limitations before which the prosecution must be ready for trial. Under NY CPLR § 30.30, a motion to dismiss on speedy trial grounds must be granted if the prosecution is not ready within the designated amount of time, subject to certain enumerated exclusions. The statute sets forth the following speedy trial periods which begin running at the commencement of the criminal action:

In New Jersey, the determination as to whether an accused’s right to a speedy trial has been violated has been established by common law and is based on an evaluation of several factors. In practice, an accused has a much more difficult time asserting his speedy trial rights in New Jersey.

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New Jersey courts decide a speedy trial motion based on the following:

(1) The length of the delay;

(2) The reasons for the delay;

(3) Defendant's assertion of his right to speedy trial; and 

(4) Any prejudice to defendant caused by the delay.[i]

It is important to note that an accused need not show prejudice if the first three factors weigh heavily in his or her favor.[ii] Additionally, an accused can demonstrate prejudice beyond the showing of diminished ability to defend against the charges. Prejudice includes employment interruptions, public criticism, anxieties due to ongoing prosecution, the drain on finances, etc.[iii] 

In both New York and New Jersey, the determination of speedy trial time includes numerous exceptions to the rule, and each case should be reviewed by a Criminal Defense Attorney in order to determine whether one’s right to a speedy trial has been violated. 


Contact us today and schedule  a free consultation to discuss how we can protect your right to a speedy trial.

[i] State v. Gallegan, 117 N.J. 345, 354-355 (N.J. 1989).
[ii] State v. Farrell, 320 N.J. Super. 425, 446 (App.Div. 1999)
[iii] Id.

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First Steps to Preserve and Protect your Personal Injury Claim

2/7/2012

7 Comments

 
Whether you were the victim of a car accident, a slip and fall, police brutality or medical malpractice, the steps taken following the incident can have lasting effects on the outcome of the case. Therefore, it is worth highlighting the early measures that should be taken to protect your claim.

First and foremost, a person who has been injured should seek out appropriate medical attention. The precautions outlined in this article are secondary to those needed to preserve your health. Hospital records, photographs and testimony from a treating physician will be sufficient to demonstrate the extent of the injuries suffered. Similarly, if a person feels they have been hurt or injured as the result of a crime, they should immediately call 9-1-1. You may have a civil claim against the offender, but the first step should be to call the authorities and report the crime.

Next, you are likely to hear from a lawyer or insurance company representing the party at fault.  They will ask you to be examined by one of their doctors or make a statement regarding the incident. Aside from your own insurance company, you should not talk to anyone before retaining an attorney. Any information given to the other party, whether in the form of a statement or a medical test, can be used to minimize any potential recovery. However, a person is obligated to comply with his or her own insurance carrier. Failure to do so can result in a loss of coverage.

At this point, you should contact a Personal Injury attorney. An attorney will help you negotiate and try to resolve the case out of court. If negotiations do not resolve the matter, the attorney will file a lawsuit on your behalf.

Time is of the essence as the Statute of Limitations controls the timeframe in which a lawsuit can be filed. In New York, a claim against a Municipality requires a filing of a notice of claim within 90 days of the underlying incident.  Claims for an intentional tort must be commenced within a year. Personal Injury actions, most commonly a result of negligence, must be filed within 3 years. A Personal Injury Attorney will be familiar with the statutory limitations and ensure your claim is appropriately filed.

These are just a few of the steps that should be taken to best protect your claim. However, each case is unique and any questions should be directed to the attention of a Personal Injury Attorney.

7 Comments

    Fuld Disclosure
    A Legal Blog


    About the Author

    Prior to joining the office, Judah Fuld served as the Law Clerk to the Honorable David H. Ironson, Superior Court of New Jersey, Criminal Division. Judah first appeared in court as a member of the Fordham Criminal Defense Clinic and has since expanded his work to various areas of criminal and civil law. 

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