What can be done?

[blondie6285]

What is the name of your state (only U.S. law)?
I am from Sussex County, NJ.
I have a question, but first let me give you some background info. My husband got locked up on 11/11/07 and was charged with 2 counts of Theft/3 and 1 count of Burglary/3. Since that day the ONLY time he has ever been in the court room was when he was given his bail and then for another bail hearing. He has NOT been indicted on these charges. Everytime there was a court date scheduled...it was postponed due to many factors. His Co-defendents other case, confusion about his Public Defender and if it was a conflict of interest for him to represent my husband (which it ended up not being), the court calender being over booked, etc. Nothing to do with my husband or his Public Defender asking for an extention or anything like that. It's going on 10 months now, he was never offered a formal plea (which I know they don't have to do...I'm just stating). His case is set to go to Grand Jury, but does not have a date yet.
My question is, when does the 6th Amendment "right to a speedy and public trial" come into play? In NJ, I read on lawyers.com, they should be brought to trial within 180 days. Well, that's passed long by. What can be done? Should he have his Public Defender put in a motion for dismissal due to failure to prosecute? What's the chances that would happen? Any info, suggestions, feedback, whatever would be greatly appreciated. Thank you for your time.
And no, I don't have the money to pay for an attorney, I sure wish I did. I don't even have the money to bail him out. So those two options are outta the question. I work a minimum wage job and have a son...I just can't do it. So what do you all feel can be done? Is there any hope for us?

[seniorjudge]

Originally Posted by blondie6285

What is the name of your state (only U.S. law)?
I am from Sussex County, NJ.
I have a question, but first let me give you some background info. My husband got locked up on 11/11/07 and was charged with 2 counts of Theft/3 and 1 count of Burglary/3. Since that day the ONLY time he has ever been in the court room was when he was given his bail and then for another bail hearing. He has NOT been indicted on these charges. Everytime there was a court date scheduled...it was postponed due to many factors. His Co-defendents other case, confusion about his Public Defender and if it was a conflict of interest for him to represent my husband (which it ended up not being), the court calender being over booked, etc. Nothing to do with my husband or his Public Defender asking for an extention or anything like that. It's going on 10 months now, he was never offered a formal plea (which I know they don't have to do...I'm just stating). His case is set to go to Grand Jury, but does not have a date yet.
My question is, when does the 6th Amendment "right to a speedy and public trial" come into play? In NJ, I read on lawyers.com, they should be brought to trial within 180 days. Well, that's passed long by. What can be done? Should he have his Public Defender put in a motion for dismissal due to failure to prosecute? What's the chances that would happen? Any info, suggestions, feedback, whatever would be greatly appreciated. Thank you for your time.
And no, I don't have the money to pay for an attorney, I sure wish I did. I don't even have the money to bail him out. So those two options are outta the question. I work a minimum wage job and have a son...I just can't do it. So what do you all feel can be done? Is there any hope for us?

[url]http://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/right-speedy-trial-425993.html[/url]

double post

[blondie6285]

I know it was a double post, I appologize. I was just trying to get some answers to my questions...and since I wasn't getting them on the other forum, I decided to try this one. If you would like, you could erase whichever one you feel is the least likely to get the answers I am looking for. I just need some insight, help, direction...whatever. It's been 9 1/2 long months with no end in sight...sorry to be annoying by posting two threads.

[outonbail]

He obviously agreed to the postponement and waived his right to a speedy trial. Probably waived the time at least twice.

[blondie6285]

No, he didn't obviously agree to waive his right. He was never even informed when his case was postponed! The first time they had him waiting in the holding cells for about 3 hours, NO ONE came to see him, not even his PD and he was then brought back. Since then...his PD told me personally that he found out that the prosecution postponed it the day before or the Friday before. One time he didn't even find out til that morning.

[outonbail]

When he was arrested, was he on probation or parole from a previous case?

[blondie6285]

Yes, he was. But he was brought to court in the county that it occured in. And they had to postpone the date til December b/c they couldn't violate him on something he HAS NOT BEEN INDICTED ON YET. So if your trying to ask if that's whats holding it up, no, it's not. He was there about 2 months ago.