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Speedy Trial Defense not triggered after 27 month delay

Delay of 27 months not enough to trigger speedy trial defense in DWI case

The New Jersey Appellate Division decided the case of State v. Misurella on August 26, 2011 and Judge Ashrafi wrote the decision that was approved for publication.  The issue presented on appeal was whether the defendant's due process and speedy trial rights were violated by the 27 months that passed before disposition of his appeal and trial de novo in the Superior Court.  The appellate division held that the defendant's rights were not violated by the long delay in resolving the case.  The court stated that "there is no evidence on this record that defendant asserted a right to speedy disposition of the de novo appeal at any time from filing the notice of appeal in July 2008 until the Superior Court heard argument on pretrial issues in August 2010."  The court stressed the fact that "failure to assert the right to a speedy trial will make it difficult for a defendant to prove that he was denied a fair trial."  The practical point for defense attorneys is to assert the speedy trial defense immediately with any motions filed with the Court.  Do not lose this argument simply because it was not asserted early in the litigation.  
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