Q: how long does state of nj have to get blood result back is it 90 days ?
A: No Specific Time Limits exists but your attorney can make a motion if the time limit is not reasonable for a speedy trial or a motion to dismiss. Get yourself a good lawyer as this is a tricky area of law and one that requires a lot of experience to get the best result. Good Luck
A: I concur with the recommendation of my distinguished colleague attorney H. Scott Aalsbeger. My learned colleague has provided you with a comprehensive and eloquently written statement in answer to your question(s). Although there is no specific time limit, an attorney can make a motion for a speedy trial or to dismiss. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced criminal defense attorney. You need to retain the best criminal defense attorney that you can afford. Good luck
A:
A good attorney will file a Holup motion to compel blood test results and other discovery. File applicable Motions without lengthy briefs. Examples:
1. Suppress Evidence [must be in writing]
2. Miranda/Privilege
3. Exclude Lab Tests
4. Demand for Specific Discovery
5. Notice of Objection to Lab Reports
6. Speedy Trial
It is a good idea to be detailed in your objection to lab report. For example:
“Pursuant to ¬¬N.J.S.A. 2C: 35-19, the defendant through attorney, Kenneth A. Vercammen, does hereby object to the entry of proffered laboratory certificate as evidence at the time of trial in this matter, pursuant to Bullcoming v New Mexico 131 S. Ct. 2705 (2011), Crawford v. Washington 541 U.S. 36 (2004), State v. Berezansky 386 NJ Super. 84 (App. Div. 2006), State v. Kent 391 NJ Super. 352 (App. Div. 2007) State v. Renshaw 390 NJ Super. 456 (App. Div. 2007), State v. Simbara 175 NJ 37 (2002) and State of New Jersey in the Interest of C.D. and P.G. 354 NJ Super. 457 (App. Div. 2002). The certificate is not clear, and has not been fully certified in accordance with N.J.S.A. 2C: 35-19 (b). The certificate fails to detail the analysis performed, the subscriber's full training and experience, the nature and condition of the equipment used, or the full conclusions reached by the subscriber. Defendant also objects to it on the grounds that Defendant intends to contest at trial the composition, quality, and quantity of substances submitted to the laboratory for analysis.
The State has failed to provide all results and notes pursuant to State vs. Weller 225 N.J. Super. 274 (Law Div. 1986) and State v Green 417 NJ Super. 190 (App. Div. 2010). The defense requests these results and notes.
PLEASE TAKE FURTHER NOTICE that at the time of trial, the defendant shall contest the chain of custody with respect to the sample, and subsequent tests performed thereon.”
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