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.