Legal Question in Criminal Law in New Jersey

Court Rule 7:2-1(b) states: The municipal court administrator or deputy court administrator shall accept for filing every complaint made by any person.

Best,

A.

The Court would probably conduct a probable cause hearing and would review the statute that you're claiming the person violated. You would need to look up the municipal or the criminal court rules in a book known as the New Jersey Court Rules. I do not have the exact rule identified right now but if you call me I can try to find the exact Court rule. However, it mainly depends on what you are claiming. Let say you feel that I assaulted you and you want a criminal charge for assault filed against me. the police may bring you before a municipal Judge to review your complaint and determine if you have alleged sufficient facts to support a potential claim. If the Judge believes that you have alleged facts that may rise to the level of assault, the Court would issue a Complaint against me. it doesn't mean that I am guilty, it just means that there exists a sufficient basis to charge me. A trial would ultimately determine if I am guilty or not. Sorry, this is a general answer, but I hope it helps, call with any questions (201)-894-9498

Yes, the judge can hold a probable cause hearing, and if he determines that there is insufficient grounds for filing a citizen's complaint then he can refuse to allow it to be filed.