Understanding the Court Rule Setting Trial Date

[landen]

My question involves court procedures for the state of: NJ
Please put this in english?

7:12-1. Trial Date; Adjournment

The date fixed for the trial of any traffic offense shall be not less than five days from the date of its commission unless the defendant, having been informed of the right to such trial date, waives it and the court in its discretion fixes an earlier date. If a hearing is adjourned, the court may detain the defendant in safe custody, unless the defendant makes a cash deposit or gives a recognizance in accordance with R. 7:4 in an amount not exceeding $500, or qualifies and justifies in real estate security situated in this State in twice the amount fixed for the bail.

Note: Source-R. (1969) 7:6-4. Adopted October 6, 1997 to be effective February 1, 1998.

[mmmagique]

Erm...maybe....

The date for for the trial of a traffic offense will be set at least five days past the day it happened, unless, the defendant agrees to have an earlier date, and the court agrees. If the hearing is not completed on that date, the court may take the defendant into custody unless the defendant puts up surety in the amount of $500. cash, (something else, possibly bond, but you'd have to look up the statute), or real estate (like your house) in twice the amount the bail is set for.

That's the general idea, anyway.

I think...

[M'sta Mikey]

FWIW: That's the way that I interrupted it also

[landen]

Appreciate it.

Still I'm confused as I did read it the same way.

So the court can give an earlier than 5 days if I wish but can they make it later?

For example let's say I get a ticket on a Monday and the court only meets on Mondays and the following Monday is a holiday. Then they can't possibly make it within 5 days let alone 5 business days.

Please let me know what you think?

[M'sta Mikey]

Appreciate it.

Still I'm confused as I did read it the same way.

So the court can give an earlier than 5 days if I wish but can they make it later?

For example let's say I get a ticket on a Monday and the court only meets on Mondays and the following Monday is a holiday. Then they can't possibly make it within 5 days let alone 5 business days.

Please let me know what you think?

Correct. But in order for us to assist you further, you need to tell us what your point is, when your court date is, what's occurred so far, etc.

[landen]

I got the ticket with the following Monday as the day to appear. I called and asked for a postponement as we had a scheduled vacation. When I spoke to them they said I could just plead guilty over the phone and they'd set a court date which we agreed on which was 9/8. In the meanwhile I made a discovery request on 8/6 formally delivered and the court said it went to police records (I know that isn't true but they told me to deliver it there). As they didn't get me my discovery I filed a motion to compel or not allow or to dismiss on 8/27. On 9/2 I got 1/3 of the discovery and then I asked for an adjournment of my 9/8 date as they still didn't get me discovery.

They said it was too late for an adjournment and that I had to come prepared for trial on 9/8. So I killed myself to get ready with what I had and went to court. They wanted me to plea and I wouldn't and I plead not guilty.

The judge in his openning told all who were pleading not guilty that they had to be ready for trial. Well it's one-sided as the Prosecutor was not ready as they only notified other parties and didn't subpoena them. I filed to dismiss as the burden of being prepared for trial was also on the prosecutor and was told denied as this is the first time I've seen you in court and this isn't a trial. I said I wouldn't give up my right to a speedy trial and the judge said you haven't. I also said the case is putting undue stress and causing issues and such.

I don't get it as I had pleaded not guilty over the phone and all this was was a plea bargain which I refused, plead not guilty and was told they would schedule a court date that suits the court.

Well I am guessing it was only an arraignment. The notice only says your court date has been rescheduled to 9/8, it doesn't specify arraignment nor trial.

I just got another similar piece of paper with what is supposed to be the trial date although it doesn't say trial date on it and again says your court date has been rescheduled.

I am trying to figure out when my right to a speedy trial is? Case was careless driving with an accident and it said I had to appear in court.

I don't get why they said I had to be ready for trial and then they don't give me a trial when I showed up and wanted one. I'm confused.