• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Prosecution was late supplying witness list

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

samolet

Junior Member
What is the name of your state (only U.S. law)? NJ

One more question on my speeding ticket. The prosecution neglected to supply the list of witnesses during the discovery process. They were then ordered by a judge to supply it by April 15. Today I received a letter signed "April 25".

So, technically they violated the court order. However, the list of witnesses has nothing interesting in it - only the police officer that wrote the ticket. Can I motion to dismiss or adjourn the case based on that? Adjourning is good enough, because the police officer is retiring a couple of days after the trial date.

What would be the basis of the motion? Violation of right of fair trial?
 


samolet

Junior Member
Continuance would be good enough (police officer retires literally a couple of days after the trial), but on what grounds? It was kinda obvious that the cop would be the witness, and they did not mention anyone else. No harm to the defense could be demonstrated.

I can try to exclude the witness, or say it violates my right for fair trial (prosecution breaking court orders and getting away with it?), but I am not sure either will be successful.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top