Speedy Trial Question NJ

[Crazed98]

This is what I read somewhere

You are guaranteed by the constitution to a fair and speedy trial. That means that within 45 days of the day that you entered your plea, you should be attending your trial.

I cannot find anywhere in NJ statutes that says 45 days. Here is the site for NJ statutes http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=14563432&depth=2&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

My first court date was July 17, 2006 that day I plead not guilty to a speeding ticket. The officer was not present so the trial was rescheduled. I received a notification in the mail with my new court date of Sept 25, 2006 which is 70 days after I entered my first plea. So does this new court date violate my right for a speedy trial?

 

[The Occultist]

I do not know where the number 45 came from (pretty sure it's not in the constitution), but yes, you are entitled to a speedy trial, so when they tried to reschedule the trial, you should have put forth a motion for dismissal on those grounds.

 

[Crazed98]

When I talked to the prosecutor he told me the judge would not grant me one and that it would be rescheduled so I did not bother to ask the judge. Guess that was a mistake on my part.

Is there anything I could do now? Either by calling the court house or when I go back to court, dealing with my right to a speedy trial.

 

[Six Black Roses]

You took the word of your prosecutor when asking if the judge will dismiss the case, the same case your prosecutor is trying to prosecute you in association with?

 

[The Occultist]

When I talked to the prosecutor he told me the judge would not grant me one and that it would be rescheduled so I did not bother to ask the judge. Guess that was a mistake on my part.

Is there anything I could do now? Either by calling the court house or when I go back to court, dealing with my right to a speedy trial.

No, you lost your window. You can hope they will have to try rescheduling again and then you could see about putting a stop to that. Looks like your trial is gonna happen, buddy.

 

[Crazed98]

You took the word of your prosecutor when asking if the judge will dismiss the case, the same case your prosecutor is trying to prosecute you in association with?

Hey, you live you learn. Thanks for the help Occultist.