How many times can a case be postpone

Asked over 4 years ago - Howell, NJ

how many times can a case be postpone can it get thrown out

Attorney answers (5)

  1. Elliot S Stomel

    Pro

    Contributor Level 14

    Answered . The answer to your question largely depends on "who" is requesting the postponements and the "reasons why" your case continues to be postponed. Postponement requests can come from the prosecutor, the defendant, and sometimes the judge himself postpones the case in the interests of justice. There can be many reasons why a party may request a postponement, including the need to produce witnesses or documents. If you have requested some of the postponements, the Court will not count your postponement requests against the prosecutor. However, if your case is continuously being postponed because the State is unable to produce a witness, you should ask the judge to mark the case "NO FURTHER POSTPONEMENTS" so that if the prosecutor is unable to go forward with his case on the next scheduled court date, the case must be dismissed.

  2. Greggory M Marootian

    Pro

    Contributor Level 12

    Answered . In New Jersey, there is not specific number of postponements allowed (before a dwi case has to be dismissed), or a specific time-period by which a dwi case has to conclude (at the risk of a dismissal). The issue turns on whether your constitutional right to a speedy trial has been violated. Excessive delays in completing a prosecution can violate a defendant’s constitutional right to a speedy trial. The inquiry calls for Courts to carefully consider and weigh four factors (to determine if a Defendant’s Constitutional Speedy Trial Guarantees have been violated): (1) the length of the delay, (2) the reasons for the delay, (3) whether the defendant asserted his right to a speedy trial, and (4) any prejudice occasioned by the delay.

  3. Steven W. Hernandez

    Contributor Level 10

    Answered . It depends. Courts hate postponements. Under Directive I-84, "as a matter of policy that complaints charging offenses under N.J.S.A. 39-4:50, Operation or Allowing Operation by Persons Under the Influence of Liquor or Drugs and N. J.S.A. 39:4-50a. or [sic], Refusal to Submit to Chemical Test, must be disposed of within 60 days of filing." Therefore to avoid a backlog, courts will be hesitant to grant adjournments. That being said, a court will generally grantone adjournment to the defendant to hire counsel. The court will generally grant a second adjournment for the attorney to order discovery. Sometimes a third adjournment is needed because complete discovery has not been provided. These would all be defense requests. By this time the case is getting close to 60-days old and needs to be moved. Adjournments after this point are generally made in court, require attendance, and require a good reason.

    Now a case can be dismissed if the attorney requested a speedy trial and the trial delays are because of the state. After a certain point, defense counsel should then move to dismiss.

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . Attorney Stomel's advice is very thorough. In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal.

    There is no definite rule on how many times a court can postpone a case.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  5. Andrew Daniel Myers

    Contributor Level 20

    Answered . Attorney Stomel's advice is very thorough. In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal.

    There is no definite rule on how many times a court can postpone a case.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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