Robbery Trial 2 Years After Arrest and Right To Speedy Trial

Antonio Jones was convicted of first-degree robbery (N.J.SA. 2C:15-1) and fourth-degree obstructing the administration of law (N.J.S.A. 2C:29-1) in the Superior Court of New Jersey, Law Division. Jones was sentenced to an extended term including life without parole with the sentence for obstruction to be served concurrently. Jones appealed based on the denial of his motion to dismiss based on failure of the State to uphold his right to a speedy trial under the 6th Amendment of the United States Constitution and Article 1, Paragraph 1 of the N.J. Constitution. Jones was arrested in February 2012. In spite of defendant’s repeated requests for the State to provide discovery, the State failed to comply and the matter was delayed. In September 2012, Jones filed a speedy trial motion. In December 2012, the trial judge ordered the State to comply with discovery demands. In February 2013, the state still had not complied and Jones again filed a speedy trial motion. The Superior Court records indicated that the motion was denied in August of 2013 but without reasons set forth. The Superior Court judge merely ordered that no trial would occur until discovery was completed and a trial date was set for February 2014, 2 years after Jones was arrested. As 18 months had already elapsed when the Defendant renewed his speedy trial motion, the N.J. Appellate Division remanded the matter to the Superior Court for a review of Jones’ speedy trial motion under the 4 factors set forth in Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2181, 33 L. Ed. 2d 101 (1972). Under Barker, the balancing test, applied in State v. Cahill, 213 N.J. 253 (2013) includes: (1) the length of the delay; (2) the reason therefor; (3) the defendant must assert his or her right to a speedy trial; and (4) any prejudice suffered by the defendant as a result of the delay. In Cahill, the N.J. Supreme Court considered 1 year as the amount of time triggering further inquiry under the factors set forth in Barker. First-degree robbery is a very serious charge that carries substantial penalties including up to 20 years in prison. The State has to remain within the confines of the law in collecting evidence, your arrest, and presenting evidence and testimony against you. If you have been charged with robbery it is critical you obtain experienced criminal defense counsel to fight for your rights each step of the way. For more information regarding robbery, theft, weapons, distribution and other serious crimes in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

DUI Dismissed On Speedy Trial Violation

In State v. Cahill, the defendant faced a driving under the influence (DUI) charge after being found guilty of assault by auto charges stemming from the same event. It was established that Michael Cahill consumed alcohol at a bar, later drove from the bar, swerved to avoid an obstacle in the road, crossed two lanes of traffic and collided with a police car causing injuries to the officer. Following a conviction and sentencing in the death by auto matter, the Superior Court judge remanded the driving while intoxicated charge to municipal court for disposition. A full 16 months later, Michael Cahill received notice from the municipal court that his matter had been scheduled for trial. Through counsel, he filed a motion to dismiss based on the court’s failure to uphold his right to a speedy trial. The municipal court judge denied the motion and Cahill appealed after entering a conditional guilty plea. The NJ Superior Court held that Cahill’s right to a speedy trial was violated under the particular circumstances of the matter and vacated the sentence after a review of the matter based on the United States Supreme Court’s holding in Barker v. Wingo. In Barker v. Wingo, the US Supreme Court established a four factor balancing test to determine whether a defendant’s right to a speedy trial was upheld. In the instant case, the NJ Superior Court found the 16 month delay was held to be too lengthy, without good cause, and prejudicial to the defendant who suffered anxiety over the prospect of the trail as well as limited his employment alternatives based on the likelihood he would be found guilty at trial. The decision to dismiss the DWI charge was upheld by the NJ Appellate Division and the NJ Supreme Court and Cahill’s sentence was vacated. Driving under the influence charges carry significant consequences including loss of driving privileges for 7-12 months for a first offense, 2 years for a second offense and ten years for a third or subsequent offense as well as substantial fines and penalties, the inability to work and the social stigma that is associated with DUI. There are ways that an attorney can help you, even if you think you will be found guilty and it is always critical that you consult with an experienced traffic attorney prior to deciding whether to enter into a guilty plea for DUI. For more information about DUI/DWI, reckless driving and other serious traffic court matters, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of counsel.