Appointment after Appointment

[juamald]

Jurisdiction

New Jersey

Good Afternoon,

I stepson is incarcerated in Essex County Jail in New Jersey, every time they set a court date they keep postponing his court date. He has been incarcerated for 10 months and every time he goes to the court date they re-schedule because they say they need to get a need prosecutor and the prosecutor has to learn the case. This is the 3rd time they do the same thing. Is this legal?

 

[army judge]

Good Afternoon,

I stepson is incarcerated in Essex County Jail in New Jersey, every time they set a court date they keep postponing his court date. He has been incarcerated for 10 months and every time he goes to the court date they re-schedule because they say they need to get a need prosecutor and the prosecutor has to learn the case. This is the 3rd time they do the same thing. Is this legal?

It isn't illegal.
Cases get postponed all across this nation daily.

The lesson here is don't break THEIR laws, and you won't end up in one of THEIR jails.

You can, however, post his bond.
Did you know that?
You post his bond, and he can be home with you before nightfall.

You can also hire a lawyer to help him.

If he's convicted, he'll go to prison.
Today he's innocent (and he'll remain innocent) until and unless the state can prove his guilt.

 

[leslie82]

Good Afternoon,

I stepson is incarcerated in Essex County Jail in New Jersey, every time they set a court date they keep postponing his court date. He has been incarcerated for 10 months and every time he goes to the court date they re-schedule because they say they need to get a need prosecutor and the prosecutor has to learn the case. This is the 3rd time they do the same thing. Is this legal?

My ex husband got arrested a year ago for a robbery that happened in Sept 2015. His trial has been continued four times. It's finally supposed to happen in a couple weeks. That's over a year. It happens.

 

[mightymoose]

One of the very first things your stepson likely did (whether he knows it or not) when he obtained legal counsel was waive his right to a speedy trial.
I do believe he can reassert that right at any time. Whether or not it is a good idea is a question for his counsel.
There are various legitimate reasons that could cause the delays, and such delays also give the defense more time to prepare.