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Murder trial delayed by appeal of judge's ruling

A man who was 19 when he allegedly shot a 22-year-old man in 2010 is still in jail awaiting trial. The alleged shooting took place on Duncan and Olean avenues in Jersey City. His trial may be delayed again after the defense appealed a judge's order to have the man's lawyer removed. The man's trial was supposed to start in September 2015, and has been marked by several pretrial motions and the pregnancy of a witness.

Further delays occurred in February 2016 when three others were charged with witness tampering and conspiracy to murder two witnesses in the case. A new indictment was handed down, which mean that all four men would stand trial together. However, this also meant that the discovery process would have to start again. Pretrial motions would also have to be held again in the new case.

The man's lawyer was ordered off the case after she mentioned that she could be a witness in the tampering case. Although the man's attorney admitted that it was a mistake to say that she could have been a witness, the judge removed her anyway on that basis. Although New Jersey law now requires that defendants receive a speedy trial, the case predates the law, which means that time limits that it imposes don't apply.

Those who face homicide charges or are alleged to have committed other violent crimes may wish to talk with an attorney. An attorney may create defenses to the charge that may result in a plea bargain, acquittal or having the case thrown out prior to trial. One defense may include that the prosecution has taken too long to complete the legal process. Another defense may be that the individual never intended to commit a crime or did so in self-defense.

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