Legal Question in Criminal Law in New Jersey

Dropping charges

My girlfriend is 16, I am 27. We were sexually engaged 3 months prior to her 16th birthday. Her parents filed a complaint, prosecutors took taped confessions from both she and I. The relationship was consentual, but I was arrested anyway for aggravated sexual assault and endangering the welfare of a child, 1 count each. I am currently out on bail, awaiting a court date. Her parents are now aware that the relationship was mutual and wish to ask for the charges to be dropped. Is this possible if they are speaking for the victim? Also, when she turns 18, can she have the charges dropped?


Asked on 4/25/04, 2:14 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Dropping charges

The prosecutor's office has broad discretion to dismiss any charge if it wants to. Technically, you could not have consentual sex with a fifteen year old girl because she was not of the age where she was legally capable of giving consent.

The parents' consent to the dismissal of the charges should have great weight with the prosecutor's office.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 4/25/04, 2:34 pm
John Ducey Law Offices of John G. Ducey, PC

Re: Dropping charges

The prosecutor's office may agree to drop the charges especially in light of the parents not being cooperative as far as the prosecution. It may be a good idea to retain an attorney in order to investigate the charges and your circumstance.

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Answered on 4/29/04, 11:03 pm


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