Are there any factors in a defendant's criminal case which would void his right to a speedy trial?
I would ask his public defender this question, but has not yet made even initial contact with the defendant, even after several attempts of both he and I trying to establish communication. His charges are from 9/10/19. The question is regarding whether or not NJ has a time limit on when he must have a pre-disposition hearing, or be seen in front of a NJ judge at all, for his case. Could he potentially have to stay in the Pa prison until he completes his parole term before he is able to face his NJ charges? Both PA and NJ have told him that it is the other state's responsibility to bring him in front of a NJ judge for the charges. He is not off of parole for another 2 years. Will he really have no other choice but to complete his time in jail without any sort of trial or sentence imposed on him?
1 attorney answer
More information is needed. Parole and probation are different. Parole is from a prison sentence, probation is in lieu of prison to begin with. If he was on probation and VOPs he can be sentenced on the charge to prison. If he VOPs on parole from prison he goes back to complete his prison time. He is therefore not likely being held in Pa on parole. He would have been sentenced as a VOP to finish his prison sentence. So any time against speedy trial in NJ does not run. He is outside the jurisdiction. NJ likely has a detainer on him so when he is done in Pa they hold him for NJ. There is an inter-state compact on detainers. Both NJ and Pa are signatories. He is allowed to demand Pa release him to NJ to answer the charge and NJ has 180 days from the request (I believe-I am no expert on the inter-state compact )or maybe the receipt of his "body" ( I do not know which) to dispose of the NJ charge. The idea is so he can run his two sentences concurrent if possible and end the thing without the other hanging over him. How exactly he makes the demand I do not know. But an NJ attorney can negotiate a concurrent sentence once NJ has him (seen it done). I have seen social workers in our jail help inmates in this regard, or a Pa PD could do it. A NJ attorney can contact the Pa PD and get them on the stick, maybe. Call an experienced criminal defense attorney for consultation, most offer free consultations.