If you’ve been arrested or indicted in New Jersey, the waiting can feel unbearable. Court dates come and go, hearings get postponed, and you may find yourself wondering: how long can prosecutors actually delay your trial in New Jersey?

At The Law Office of John B. Brennan, I’ve seen how often this question comes up, and for good reason. Your freedom, your future, and your reputation are at stake. In this post, I’ll explain how New Jersey’s speedy trial rules work, what counts as a legitimate delay, and what rights you have if the state seems to be dragging its feet.

The Basics of New Jersey’s Speedy Trial Rules

In 2017, New Jersey overhauled its criminal justice system with bail reform and an emphasis on speedy trials. The law puts time limits in place to protect defendants from endless waiting:

• Before indictment: If you are detained pretrial, the state generally has about 90 days from arrest or complaint to present your case to a grand jury or file an indictment.
• After indictment: If you’re being held in jail, your case should be brought to trial within 180 days, assuming the case is ready.
• Overall timeline: Courts generally expect cases to be ready for trial within about two years of the complaint or indictment when both sides are ready and no valid excludable time applies.

On paper, those deadlines look straightforward. But in practice, things can become more complicated. Courts recognize that not every case is simple, and prosecutors can request extra time in certain situations.

Why Trials Get Delayed: “Excludable Time”

What Counts as Excludable Time in NJ

In New Jersey criminal cases, certain delays that don’t count toward the speedy-trial clock are called excludable time. Prosecutors will often rely on these exceptions to justify delays. Some common examples include:

• When the defense asks for more time to review evidence or prepare motions (continuances), that time may not count.
• When the case involves complex evidence such as digital records, forensic testing, or large volumes of discovery, the timeline might be extended.
• When multiple defendants are involved and being charged in the same case, their delays can affect your case schedule.
• When a defendant needs a medical or mental health evaluation.
• When key witnesses or experts are temporarily unavailable. Competency hearings and treatment evaluations are excludable.

Understanding what counts as excludable time can be crucial. Some delays can actually help your defense, giving your attorney time to review evidence and build your case. But others may feel like the state is simply stalling.

Can Prosecutors Delay a Trial in New Jersey Forever?

The short answer is no. You have a constitutional right to a speedy trial under both New Jersey law and the U.S. Constitution. Prosecutors cannot push your case off indefinitely.

That said, judges can grant additional time if prosecutors show “good cause.” This could be anything from pending lab results, unavailability of essential witnesses, or the need for expert testimony. In some situations, such as when you are being held in another state but face charges in New Jersey, defense motions can also pause certain deadlines under the Interstate Agreement on Detainers.

Without strong legal advocacy, delays can quickly add up, leaving you in limbo longer than expected while the state builds its case against you. That’s why it’s critical to have a lawyer who not only understands the rules but also knows how to hold prosecutors accountable when delays become unreasonable.

How Delays Impact Your Life

Trial delays are not just about court calendars. They can have serious effects on your daily life:

• Missing work or losing income
• Strain on family relationships
• Ongoing stress and uncertainty
• Damaged reputation in your community
• Lost opportunities to move forward with your life

The longer your case drags on, the harder these pressures can become. That’s why it’s so important to challenge unreasonable delays.

Protecting Your Rights During Delays

If your case feels stuck, here are practical steps you can take:

• Stay in regular contact with your attorney so you understand what’s happening.
• Keep track of court dates, filings, and paperwork. These details matter when delays are challenged.
• Document how delays are affecting you and your family. Judges may consider this information.
• Ask your attorney whether certain motions could move your case along faster.
• Don’t assume there’s nothing you can do. Delays can be fought, but only if they’re brought to the court’s attention.

Every case is unique, which is why having an experienced South Jersey criminal defense attorney on your side can make all the difference. If your trial is delayed beyond what the law allows, and without valid excludable time, your attorney may be able to file a motion to dismiss based on speedy trial violations.

Dismissals are rare and depend heavily on the specifics of your case. But even if dismissal isn’t granted, raising these issues can strengthen your defense, pressure the prosecution, and potentially improve your position in plea negotiations.

Bottom Line: Delays don’t always favor the state. Sometimes they can be used strategically to protect your rights.

How Attorney John B. Brennan Handles Trial Delays

As a Certified Criminal Trial Attorney with experience as a former prosecutor, I’ve seen both sides of this issue. I know how the state builds cases, when delays are justifiable, and when the state is simply dragging its feet.

When you work with The Law Office of John B. Brennan, you get more than legal representation; you get the perspective of someone who has stood on both sides of the courtroom. That background allows me to anticipate prosecutorial strategies and challenge unnecessary delays effectively.

When I represent you, I personally monitor every court date, every filing, and any request for excludable time. If prosecutors try to stall your case without a valid justification, I take action. That may mean filing motions, challenging the state’s reasons, or requesting that the court address the delay through proper legal channels.

Just as importantly, I make sure you are never left in the dark. I’ll explain what’s happening at each stage, outline your options, and ensure you always know where your case stands.

Frequently Asked Questions

1. What is the maximum delay permitted under New Jersey’s speedy trial rules?

Generally 90 days before indictment, 180 days after indictment if detained, and up to two years overall, though exceptions exist.

2. What is “excludable time”?

It’s any period that pauses the speedy trial clock, such as defense requests, complex evidence, co-defendant delays, or competency evaluations.

3. Can my case be dismissed if delays go too far?

Sometimes. Courts rarely dismiss cases outright, but raising speedy trial violations can strengthen your defense and improve your position in negotiations.

4. Do the rules change for federal cases?

Yes. Federal cases follow the federal Speedy Trial Act, which has different timelines and requirements. Always confirm whether your case is in state or federal court.

What You Should Do Right Now

If your criminal case in New Jersey feels like it’s stuck in neutral, here are steps you can take today:

• Stay in close contact with your attorney so you don’t miss critical updates.
• Keep all court notices and paperwork. Delays often hinge on specific filings.
• Document how delays affect you (missed work, family hardship, etc.). This information can help support motions to the court.
• Don’t assume nothing can be done. Trial delays are frustrating, but they can be challenged.

Don’t Let Delays Put Your Future on Hold: Contact The Law Office of John B. Brennan Today

If your trial has been delayed in South Jersey, whether you are in Burlington, Camden, Gloucester, Cumberland, Mercer, Ocean, or Salem County, you don’t have to go through this alone. I will personally review your case, explain your rights, and take the steps needed to protect your future.

Contact me today for a free, confidential consultation.

Disclaimer: This blog is for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Past results do not guarantee future outcomes. If you are seeking legal advice, please contact The Law Office of John B. Brennan directly.