Legal Question in Criminal Law in New Jersey

Re: Is adverse Counsel Allowed to Informally Question Me?

If the other attorney is making you feel uncomfortable then you don't have to talk to him. If you feel that he is attempting to intimidate you, then that can be seen as unethical behavior. Tell him to leave you alone and report his conduct to the judge. Witness intimidation may actually be seen as a crime depending upon how it is done, so if he is trying to frighten or intimidate into dropping your complaint, please report this to the judge.

Sincerely yours, -Ronald Aronds, Esq.-

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Re: Is adverse Counsel Allowed to Informally Question Me?

A state prosecutor CANNOT in any way, shape or form, legally or ethically represent a witness in a criminal prosecution. The prosecutor represents the interests of the state and county where they are appointed. If the prosecutor led you to believe otherwise, it was probably due to either their youth or lack of experience.

Rule for Professional Conduct (of Attorneys) 4.2 states that an attornye may not speak with someone whom s/he knows to be represented by counsel. In your case, the prosecutor legally and ethically represents the state, and not you.

Accordingly, there is no rule against the defense attorney speaking with you. Pursuant to rules of evidence, a defense attorney is constitutionally guaranteed the right to review all evidence being presented by the prosecution.

If you retain your own counsel, Defense counsel may not approach you or speak to you without your attorneys presence and consent.