Legal Question in Criminal Law in New Jersey

Falsely Arrested

{Everyone claims it....it really did happen to us} My husband was arrested last Jan 07' for selling narcotic drugs. Now I know everyone claims to be innocent but I know and he know he did not commit this crime. In fact, we still don't know how his name got involved in this HUGE drug sting operation. To make things even more bizarre, the 20 people who really were involved got convicted (Aug 07) This whole case has been nothing more than the prosecutor telling our atty that he has proof that my husband did XY and Z, and making pointless accusations, then our atty confronting us w/the accusations, then my husband denying every accusation and always ended w/ the prosecutor admitting that he really does not have proof of anything. Since then, we've req our retainer fee back from the atty (Oct 07')and haven't heard anything. Pls tell me what is the time frame in NJ for the prosecution to indict the defendant? My husband and I would like to get on w/our lives and leave this nasty mistake in his past. PS: we have a lawsuit pending for false arrest.


Asked on 1/10/08, 1:16 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Falsely Arrested

There really is no time limit. I have a case now that is close to 2 years without indictment. Of course, in that case, time is on our side, so we don't mind. There are ways to speed up the case.

If you are not happy with your attorney you should try to work things out. If you cannot trust your attorney any more, then it is probably time to move on.

Either way, for me to give you any real opinion here, I would need a lot more information. My initial consultations are free, so call me at 732/247/3340 to discuss your case.

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Answered on 1/10/08, 2:41 pm
Gary Moore Gary Moore Attorney At Law

Re: Falsely Arrested

Your lawsuit was filed too early. You should have waited until your charges were dismissed because the statute of limitations only begins to run when his case is dismissed or otherwise favorably resolved.

The prosecutor is trying to obtain some sort of guilty plea in order to cancel out the basis of your lawsuit.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/10/08, 2:47 pm


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