Haddon Heights, NJ -- (SBWIRE) -- 04/23/2013 -- New Jersey DWI Lawyer, Stephen Lukach III, now provides legal advice for defendants in need of information on speedy trials. Asserting one's right to a speedy trial is extremely important. All seasoned attorneys know to put their client's speedy trial demand in the Letter of Representation initially sent to the Court. This puts the Court on notice from the beginning that the defendant is demanding a speedy trial. But when an attorney not well versed in DWI law doesn't do that, he fails to protect one of his client’s most important rights.
In determining if a defendant's right to speedy trial has been violated, there are 4 factors the Court must consider. The first is "when did the Defendant assert their right to a speedy trial". The second is "how long was the delay". The third factor is "what was the reason for the delay." And the fourth factor is "what prejudice has the defendant suffered.
The length of delay doesn't mean the case has to drag on forever. Courts have dismissed cases after three months. Other courts have dismissed after 16 months, as seen in the case summary above. But there is no doubt that the longer the delay, the more it's weighed against the State.
Reason for the delay is an important prong. A defendant cannot keep on postponing a case and then expect the court to grant a speedy trial motion. Delays that are attributable to the State always help the defendant. This is important in DWI cases where many prosecutors will drag their feet in turning over discovery. Any evidentiary delays are attributable to the State.
Finally, the Court's must consider the prejudice to the defendant that the delay has caused. If the delay caused a defense witness to be unavailable or caused a piece of evidence to be destroyed, the Court in State v. Cahill said that would weigh greatly against the State. One of the most important rights a DWI defendant has is their right to a speedy trial. People involved in a DWI need to hire an attorney who understands your speedy trial right and how best to utilize it in the charge against them.
About Stephen Lukach III
Stephen Lukach III is admitted to practice law in New Jersey and Pennsylvania. His legal practice centers on DWI defenses. As a respected New Jersey DWI Lawyer, Stephen Lukach III has been practicing DWI Law for several years. Along with being a member of the National College for DWI/DUI Defense, Mr. Lukach is a Qualified Practitioner in Standardized Field Sobriety Testing and a Certified Alcotest Operator. Mr. Lukach III has defended hundreds of clients and he takes pride in his many successes.
For further information on the DWI Lawyer in NJ, call 888-400-1DWI (1394) for a free consultation, or visit http://njdrunkdrivinglawyer.com/. Visit the site today for a free initial legal consultation with Stephen M. Lukach, III.