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Does Her 'Speedy Trial ' Claim Hold Water?

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What is the name of your state? New Jersey

A family friend (a woman) was arrested last summer and charged with fifth-degree possession of a CDS. The person who sold it to her (a man) was also arrested. Since then, she has been back and forth to court because she has turned state's evidence and the person she's testifying against wants all of his charges merged into one. She seems to be under the impression that if she isn't tried soon, the case can be thrown out because she didn't receive due process. She claims she hasn't been arraigned yet or made any type of plea. What's going on here?
 


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OnlyOneVoice

Guest
Usually (and understand I do mean usually but not always) when an arraignement and trial are not immediate or within a reasonable period, that indicates a lack of evidence or a poor case.

This could conceiveably sit out in the wind forever without anything every coming of it.

I'm not sure about her claim of denial due process though, IAAL would be the better answer for that question.

However if Robert Blake is any indication, her claim is in the wind. He was held without bail for nearly a year. (I think because of his celebrity status, he was feared to be a flight risk.)

He wasn't release on bail until last month, so due process can certainly be in the eyes of the processor.
 

JETX

Senior Member
OnlyOne is incorrect on this one.
The requirement for a 'speedy trial' does not apply if the defendant is the cause of the delay, or if the delay is due to a plea bargain agreement (as in this case).
It has nothing to do with the strength of their case against her.
 
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OnlyOneVoice

Guest
JETX:

I'll bow to your better knowledge.

Can she then claim "denial of due process" if the delay is the result of the DA's failure to proceed with the case?

This is of interest to me because I know another person who is just sitting. Now mind you this person has never been arraigned so I guess all that was ever done was that charges were filed.

The person was never booked and it proceeded no further than the actual arrest (over a year ago.)

Can they claim denial of due process if there was never an arraignment?
 

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