Our client was an out-of-state resident from Chicago. He had been stopped by a New Jersey state trooper while driving on the Garden State Parkway in June.
As soon as the client contacted the Tormey Law Firm, we got to work defending him. We entered our appearance in court and immediately requested discovery from the prosecutor. “Discovery” evidence includes police reports, video evidence, lab reports, and any other evidence that the prosecution has and intends to use during trial.
Since this was a case involving New Jersey State Police, the prosecutor needed to request discovery directly from the State Police in Trenton, New Jersey. Unfortunately for the prosecution, they were unable to obtain discovery from the State Police. This delay lasted for five months and multiple court appearances.
Throughout this process, we continued to assert our client’s right to a speedy trial. Mr. Tormey urged the judge to dismiss the charges based on the prosecution’s failure to provide discovery.
Eventually, the case was set for trial. The arresting officer appeared in court and the prosecution was ready to try the case. However, the prosecution had still failed to provide us with any discovery evidence in preparation for trial. As a result, Mr. Tormey again filed a motion to dismiss the charges based on the prosecution’s failure to provide discovery. This time, the judge granted the motion and dismissed the charges for lack of prosecution.
The charges against our client were classified as disorderly persons offenses. This means that our client faced potential punishments of: up to 6 months in the county jail; a $1,000 fine; and a criminal charge on his permanent record. However, as a result of all charges being dismissed, our client was able to avoid any penalties and keep his permanent record clear of a conviction.
This was a tremendous result for our client and a major victory for the Tormey Law Firm.
If you are facing marijuana possession or distribution charges in New Jersey, contact Morristown NJ criminal defense attorney Travis J. Tormey for a free consultation about your case.