Brian E. On appeal, defendant Bradley Holup contends that his convictions for driving while intoxicated, N. Defendant was issued a complaint-summons for the above violations on June 25, Defense counsel was granted an adjournment and a trial date was fixed for September 11, Apparently, the municipal court clerk did not deliver copies of the various complaints, appearances and discovery demands to the municipal prosecutor. While defense counsel contends that a demand for discovery was filed by him with the municipal court, there remains some confusion as to when and where the prosecutor's copy of the documentation, including the request for discovery, was sent and when it was received. The defense says that in addition to its July 5, demand for specific discovery, a second request referring to the earlier letter was also sent on September 5, Defendant's appendix contains copies of the letters, both of which are addressed to "R.
Possession of Marijuana Case Dismissed
One of the most important aspects of a municipal court criminal or traffic matter is the discovery process. Rule provides the defendant with the absolute right to receive discovery consistent with the rule. Remember, the pertinent discovery must be requested in the proper manner proscribed by the rules. In most cases, including DWI and drug charges, the state will rely upon police reports, lab certificates of analysis, chain of custody documents, alcotest readings, etc. A such, a defendant is entitled to information that the state plans to rely upon. Additionally, a defendant is entitled to exculpatory evidence. The rules of court and case law enumerate specific items that should be provided to a defendant in a prosecution. In addition, the defendant can always ask for and is entitled to relevant discovery.
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This case dates back to September of This case was literally dismissed just a couple of days ago. My client was operating a motor vehicle, he was driving in a very slow manner and he was actually pulled to the side of the road and the police came along.
The prosecution is obligated to provide discovery in all matters and this blog focuses on discovery issues in New Jersey. Unlike Pennsylvania, DWI is a non-criminal offense but still subjects a person to a mandatory license suspension and up to days in jail for a third offense in the Garden State. Chun, N. In addition to these foundational documents, the prosecution must also provide dashcam videos, MVR, police reports, and any documentation relating to field sobriety testing, and any exculpatory evidence. Your criminal defense lawyer must make a demand for these documents in addition to any other discovery which he or she believes exists in your case. The case of the State v. Holup, N.