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I have gone to court 3 times for possession of weed and they are still waiting for lab results. Can I get the case dismissed?
Anonymous2 views8 answers
The police found 1/2 ounce of weed in my vehicle. I have a legal attorney and tomorrow will be the 4 times I go to court for this and the court is never ready, I have not pleaded for my case yet. How many times can the court have me going in this circle before it can be dismissed? I have been arrested before but it gets dismissed, I have never been convicted of anything.
Jeffrey Anthony SkiendziulCriminal Defense AttorneyEatontown, NJ ·
Talk to your attorney for further guidance. Otherwise, call a different attorney to see if you want different legal counsel. If this is North Arlington, you'll be in front of Judge Savino in municipal court. Shop around to see if a different attorney would work out better if you can. Otherwise, call the attorney currently representing you now for more help.
It is true, the prosecution has a limited amount of time to get its case before the court. You need to talk to your attorney about that time limit and whether it is approaching.you should understand however, that dismissals on that basis are quite rare.
If you have an attorney, this is something you should be discussing with him or her. He or she is in the best position anyway to answer your question anyway. Besides, much more information is needed. Perhaps fourth time will be the charm and the case will be dismissed for,, e.g. failure to prosecute or for some other reason; however, this is something that you should call and discuss specifically with your retained counsel.
Your lawyer is the one to ask these questions. He is familiar with your case. I should point out that you should not expect a dismissal because you have gotten that before.
Your attorney is entitled to make a motion to dismiss for lack of prosecution. In my experience the courts are allowing additional time for the lab reports to be produced due the significant backlog at the State Police Lab in processing these cases.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
Speak with your attorney. A Motion for discovery or speedy trial could be made that may end the matter. There are reasons for and against such motions.
You should be asking your attorney this question. Although some Courts will list a case for "try or dismiss" after several court appearances without the state having obtained the Lab results, it is entirely dependent upon which court you are in front of. Your attorney may have experience before this court and be aware of the Court's practice in dealing with this issue. If the Court never dismisses a case before a certain amount of time has passed, your attorney may not want to anger the Judge by filing a motion that he/she knows is going to be denied.
