Legal Question in Criminal Law in New Jersey
In an indictment do all of the statments need to have consistency?
Can you still be prosecuted if the accuser gives to differnet accounts for what they said you are accused of?
3 Answers from Attorneys
If you are indicted, you have to have an attorney by now. Thus, I would direct all questions to him orher. Furthermore, you can be prosecuted for just about anything. You need a good attorney to fight the case for you. Whether or not the victim/witness gave two different statements and whether or not that should have been presented to the grand jury can only be determined by looking at the facts of the case. If the witness gave a different story after indictment, then it will be an issue for trial.
Call me at 732/247/3340 to discuss further.
I suggest you discuss this with the attorney who will represent you in Court.
Obviously, if there are problems with the indictment, there will be problems (from the Prosecutor's standpoint, not the Defense) with the trial.
However, you need aggressive representation to make the Court see your side...many times I've seen the lazy or unskilled attorney blow an "easy" case.
If you want to discuss the matter further or find out about representation, feel free to write back direct or call the office. I've represented people in South Jersey for more than 15 years.
Mike Berman
Can you be prosecuted on alternate theories in one case? Yes. Is the indictment to which you refer defective in same way? I need to read it to answer this question. If you will fax the indictment to me at 201/487/1498, I will give me my initial impression, which you can use for guidance, but which must be tested by reviewing the police reports and interviewing you.
Call me if you like at 201/342/7933.
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