Want Justice.

[momofrose]

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

Not about me - about my sister - she received a DWI on Easter Early Morning (Happy Easter right?) anyway - she "fell asleep" behin the wheel and rammed into a tree (only by the grace of G-d was she not killed or did she kill somebody). Cops came - she blew a 1.3...(she is a federal parole officer) - they took her to the station and gave her another (3 hours later) and it was a .08.

She hired an attorney who has asked for discover since then. She has been to court twice and twice it has been postponed (not until October 15) due to lack of discovery. Her attorney advised her that if they do not provide discovery by the next court date that he would move to dismiss and the court would most likely agree.

I was just wondering what the possible hold up of discovery would be...I am not at all pleased that this may be dismissed. it is not her first time, and I think that if it is dismissed, she may press her luck once again in the near future.

Sorry - I know she is my sister, but I can't stand up and stand for this possibly being erased.

Just wondering. - thanks

 

[BL]

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

Not about me - about my sister - she received a DWI on Easter Early Morning (Happy Easter right?) anyway - she "fell asleep" behin the wheel and rammed into a tree (only by the grace of G-d was she not killed or did she kill somebody). Cops came - she blew a 1.3...(she is a federal parole officer) - they took her to the station and gave her another (3 hours later) and it was a .08.

She hired an attorney who has asked for discover since then. She has been to court twice and twice it has been postponed (not until October 15) due to lack of discovery. Her attorney advised her that if they do not provide discovery by the next court date that he would move to dismiss and the court would most likely agree.

I was just wondering what the possible hold up of discovery would be...I am not at all pleased that this may be dismissed. it is not her first time, and I think that if it is dismissed, she may press her luck once again in the near future.

Sorry - I know she is my sister, but I can't stand up and stand for this possibly being erased.

Just wondering. - thanks

There is nothing you can do ,legally .

The more a case gets postponed the greater chance at reduced charges or dismissal .

 

[CdwJava]

There could be any number of reasons for a lack of discovery ... it could be her attorney is asking for information the state does not have or does not wish to provide. Without knowing what they are denying her, it is hard to say whether it is reasonable or not.

On the other hand, someone could be trying to cut her a huge break without actually being seen as doing so. By delaying discovery, they give her a chance to get the matter dismissed - and save her federal parole position - without actually intervening and dropping the charges. Unethical to be sure, but a possible scenario.