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Speedy Trial Rights in New York and New Jersey

2/21/2012

4 Comments

 
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.

4 Comments
www.eliaandponto.com/michigan-auto-accident-lawyer link
10/21/2018 06:34:03 am

I am happy to find your distinguished way of writing the post. Now you make it easy for me to understand and implement the concept. Thank you for the post.

Reply
Sarah Smith link
4/4/2019 01:56:37 pm

It's really interesting that a speedy trial can be called by a defendant. I wonder if I could find a criminal law attorney that would be able to help my brother with one. He has been waiting for a trial for the past 80 days.

Reply
Orange county divorce lawyers link
8/31/2022 12:23:53 pm

Prejudice includes employment interruptions, public criticism, anxieties due to ongoing prosecution, the drain on finances, Thank you for taking the time to write a great post!

Reply
Irvine family lawyers link
8/31/2022 12:42:57 pm

The statute sets forth the following speedy trial periods which begin running at the commencement of the criminal action: Thank you for taking the time to write a great post!

Reply



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    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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