Legal Question in Criminal Law in New Jersey
Case dismissed because victim not showing in court
I had a court appearance against a neighbor. It was a State v. his name. The prosecutor said we didn't have to appear until he pled guilty or not guilty. When we kept getting notices I would call the clerk of the court the next day and she told me it was postponed. Well, last night there was a court date. I didn't go because the clerk said it was postponed the last time so I figured he had to plead and then a trial date would be set, that's what the prosecutor told me. Case got dismissed for insufficient evidence. Prsecutor had a statement from my husband. Now neighbor is already threatening my kids again. The case was because he had shoved my husband so it was an assault case. Is this legal to just dismiss? Do I have any recourse to dispute this? I waited for months for this and now it was dismissed. He is an unstable old man. I already called the cops today for cursing at my nine year old and his friends playing basketball and giving them the finger.
1 Answer from Attorneys
Re: Case dismissed because victim not showing in court
You can contact the judge in the court on this case to complain, but other than that you really don't have anything else you can do except possibly complain to the top prosecutor of the county where this happened. If it was dismissed for insufficient evidence and they told you not to appear, there does seem to be grounds for complaining about this. Just keep reporting him to the police every time he acts up.
Sincerely yours, -Ronald Aronds, Esq.-
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