My Trial Is Delayed Several Times Since The Main Witness Did Not Turn Up At What Point Do I Seek To Have My Case Terminated On This Basis
This is something which arises often, especially if you have to depend on a specific witness. A Witness will not sit at his house waiting for an order from the court to arrive after which walk to the court premises and say what he viewed. It is tough sometimes. Several witnesses may be ready to come but can back off due to unknown reasons.
It is important to understand that not bringing a witness in the stands may seriously affect the state of your case. A legal professional is really necessary here. He is the person who will let you know what can happen depending on the situation where your case stands. Various states have got distinct laws and regulations. It is very important for you to get the perception of a lawyer.
If you are fighting your case in New Jersey then you should be familiar with New Jersey Criminal Help code and perform procedures. The most suitable ones are those legal representatives who have a tag of being very knowledgeable, a person who has solved cases, especially those where trials have been delayed, yet answers have been found.
Attorney Matthew Reisig is perhaps, one of the better known legal representatives in New Jersey. He along with his team hold a status of being quite reasonable to their clients. The legal professional takes initiative and sits with his customers to find that the case is implemented according to patterns. He studies the entire case, and cases where trials are postponed because of lapses from the witness side. Nevertheless, there are few things you need to know about rescheduling of trials.
What you can do?
Judges certainly perform a very necessary role in making decisions in rescheduling the court case. But, everything boils down to states. Many states have got regulations where judges’ role in putting off the case is greatly restricted. Oftentimes fast track laws are put in place to attain solutions as fast as possible.
In circumstances, where witnesses have not been able to present because of important situations, the judges can grant rescheduling of the hearing. In case you are a defendant, then you could file a motion to dismiss an indictment, but it must be done before the schedule trial date, not following the trial date. If the motion will really be accepted will depend on the judge. The judge takes into consideration the grounds that the defendant is requesting the motion to be terminated.
There are many difficulties here, a judge often could be forced to dismiss the motion on particular grounds, however notably, it’s the attorney who will find out the way things work out in courtrooms. When trial date delays frequently, the defence lawyer could ask the dismissal of motion. As per law, the state has to produce the witness, and if it's not able to do this, then the legal professionals might win the case in your favour.