If you ever have wondered whether justice delayed is justice denied, this may interest you.
Most people know that the federal Constitution guaranties the right to a speedy criminal trial. Some people may know that the guaranty is contained in the Sixth Amendment and that it is binding on every State by virtue of the Fourteenth Amendment.
In State v. Tsetsekas, the Appellate Division reviewed how to interpret this guaranty in the prosecution of a charge of driving while intoxicated (DWI).
Defendant was involved in a single car accident and two Breathalyzer tests were given. Based on those test results, he was issued a summons charging DWI.
The defendant appeared for trial in the municipal court in May, but the prosecutor asked for an adjournment; the State needed time to comply with defendant’s request to produce a videotape of the arrest. Thereafter other trial dates were adjourned at the request of the prosecution until April of the following year. When the matter was finally tried, defendant was convicted.
On appeal defendant argued that his constitutional right to a speedy trial had been violated. He sought a reversal of the conviction and a dismissal of the DWI charge.
YOU BE THE JUDGE: Is there a constitutional right to a speedy trial in proceedings in the municipal court?
The Appellate Division said the constitutional right did apply to motor vehicle offenses that were quasi-criminal. The Court further stated there was no set length of time to define a “speedy” trial, although, municipal courts should attempt to dispose of DWI cases within 60 days.
The Court applied a four-part test to determine whether a delay was unconstitutional: a) the length of delay; b) the reason for delay; c) whether the defendant invoked the constitutional right; and d) the prejudice to defendant because of the delay.
In this case, the defendant did not suffer any prejudice that affected his liberty or his ability to defend the charge. But he had to go to court repeatedly, which interrupted his everyday activities and consumed time and money.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ramsey, Oakland, Morristown, Parsippany and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion @ about your pending lawsuit. There is no obligation for the initial consultation. |
