Motion to Postpone (Continuance)

My overall Strategy is based on Discovery.

If the State doesn't produce any (or all) Discovery, I'll agree to Postpone until the case gets Dismissed. I'm happy to Postpone for a few reasons but mainly because I have a Right to a Speedy Trial and the Police Officer's memories fade over time.

I also use this Motion when I can't make it to Court for work, family, health, etc.

Another great time for a Continuance is when the State doesn't respond to me until a couple days before Court or even the day of. I have a right to review Discovery, Responses to Motions, etc. within a reasonable time frame.

I reschedule by calling the Court Clerk.

When I do have to show up in person, I say, "Your Honor, I'd like to Postpone because..." Busy Judges talk fast and move Defendants through the Courtroom quickly, but I make sure to get a reason for the Continuance on Record, especially if it's the State's fault. I also keep my own records of every Court Date and why we Postponed. It ends up being crucial for a Speedy Trial argument.

Motion to Compel

The Rules of Court say I must attempt to reach an agreement with the Prosecutor for any (or all) Discovery BEFORE bringing this Motion before a Judge. So I always try to work it out with the State first.

When the Prosecutor and I can't agree on Discovery I'm supposed to receive I say, "Your Honor, Motion to Compel". I'm asking the Judge to ORDER the Prosecutor to give me Discovery.

I use this Motion when the Judge is tired of giving Postponements or when I don't have time to keep coming back to Court.

Motion to Dismiss for Violation of Speedy Trial

In some States, the Prosecution has a certain amount of time to bring the Defendant to trial or the ticket is automatically dismissed. New Jersey is not one of those States so this Motion needs to be argued in a special way.

I don't try this one until 180 days since the Speeding Ticket was issued.

I've seen this Motion get denied when not prepared well.