My client today had the good fortune of having three very serious charges against dismissed. The municipal court judge in an Essex County municipality ordered that the possession of marijuana, possession of drug paraphernalia, and possession of CDS in a motor vehicle charges be dismissed following my Holup motion, which is a motion made when the State has not provided, in a timely fashion, discovery necessary to the preparation of the defense.
Part of the reason that this outcome was obtained was as a result of a very simple and easy rule that I like to follow. Do not request adjournments when discovery is missing unless absolutely necessary. Instead, appear before the court and put it on the record each time, with follow-up correspondence to the State. This puts everyone on notice that the defendant is ready and prepared, and creates a record which includes the Court’s position about the missing discovery.
Finally, when appropriate, file timely motions which puts the State on notice that the defendant is preparing to move for a dismissal. The timing and procedural aspects of discovery motions can be the most important aspect of representation in the municipal court. In this particular case, persistence and attention to detail resulted in a fantastic result for my client