Legal Question in Criminal Law in New Jersey

Our daughter in law was arrested and charged with fraud in connection mortgage processing she did for the credit union she worked for. She has yet to be indited. She retained a lawyer, who petitioned the court for the prosecutor to provide him with discovery evidence in October. He has still not gotten anything from the prosecutor. Her attorney says he is hesitant to press the prosecutor for fear that he will somehow come down hard on her case. Does the prosecutor have any time constraints placed on him to provide information to the defense attorney?

No one in our family has ever been involved in the legal system, and we have very little idea of how this sort of case should proceed. We feel she has done nothing wrong knowingly, but the charges could carry a significant penalty, and these charges have turned her family's life upside down and taken a terrible physical and emotional toll on her.


Asked on 2/14/11, 7:50 am

3 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

There is no time limit for the prosecutor to get back to your daughter's attorney short of the statute of limitations. It is unclear to me what application counsel filed with the Court but if it was a motion the Court would set a date for a response.

To say more I would need to know more about the charges and whether there was an arrest and bail. But not rocking the boat may be the right strategy for now.

It sounds as if your daughter and family are all under a lot of pressure and resultant anxiety. try to stay relaxed. I wish you luck in navigating the criminal justice system.

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Answered on 2/14/11, 8:52 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Your daughter's lawyer shouldn't be afraid to stand up to the prosecutor. If they aren't providing the discovery, then he should know what type of motions to file to get it. Remember that you are not bound to one attorney, but you should try to work things out with him before deciding if you are going to leave him.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 2/14/11, 10:00 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I'm a little worried that your attorney may or may not know what he is doing here. I would suggest that you speak with this attorney and find out what his plan is, why he filed this motion, etc. Unless there is a plea offer, you do not get any discovery unless and until you are indicted. Thus, there is no motion to file to get something you can't get. However, there are ways around all of this but you have to set up a meeting with the prosecutor. I'm an aggressive attorney, but you can get a lot done with a friendly request.

After you speak with this attorney about what he is doing and why, you may want to get an opinion from an attorney that handles white collar crime. Check out http://whitecollarcrimenews.com for more information

If the two attorneys agree, stick with that attorney. If the other attorney tells you something that is 180 different, you'll have to decide if you have the right attorney here before its too late.

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Answered on 2/14/11, 2:33 pm


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