Legal Question in Criminal Law in New Jersey

Should my case have been dismissed

I found a change purse in a store and kept it and the woman who lost it filed a police report and then remembered where she lost it....viewed the store tape.....and then I returned it to the cops....cop arrested me...charge 2c:20-6. Cop signed the complaint, not the woman. If the cop didn't show to court, shouldn't the matter have been dismissed?


Asked on 5/23/06, 5:38 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Should my case have been dismissed

The police need not come to court if you pled guilty. They need not come to court if there are other witnesses who appear in court and the case is proved against you beyond a reasonable doubt.

Have you pled guilty or have you had a trial. Please advise. Perhaps something can be done to help you.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/23/06, 5:58 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Should my case have been dismissed

Your facts are a little vauge and I'm confused about the timeline. However, I get the idea of what happened and it seems that you have a very good case. I think the cop does have to show up, but the court is in the same building as the police station (usually) so the only reason he does not show up is if he is off. This usually happens during your first apperance since 99% of cases plea out, although in some places, the cop must still be there to agree to the plea offer. Your case will only be dismissed if it was marked try or dismiss at the previous date and then the cop or other witnesses did not show up.

I'd like to talk to you about your case as it sounds very interesting. My consultations are always free so call me at 732/247/3340 and we will discuss your situation.

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Answered on 5/23/06, 10:51 pm


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