Legal Question in Criminal Law in New Jersey

Re: Does Plaintiff need to appear at grand jury trial?

You are using terms that I do not understand. The Grand or large Jury of 23 formally accuses a defendant of a crime by issuing what is known as an indictment setting forth what crimes the defendant is alleged to have committed.

Once a defendant is indicted he faces a trial before a petit or small jury of 12 who decide whether the State has succeeded in proving the defendant's guilty of the offenses charged beyond a reasonable doubt.

The plaintiff is the State of New Jersey and the

alleged victim is only a witness to be called to prove the defendant's guilt. If a witness, including the alleged victim, refuses to appear as a witness in response to the prosecutor's subpeona he can be charge with contempt of court and placed in jail.

If an alleged victim wants to have the charges dropped against the defendant he or she must tell the prosecutor and explain that the request is made voluntarily and not as a result of threats or other impropriety.

It does happen that despite an alleged victims claim of a desire to drop all charges a trial is held and the defendant is found guilty based on the alleged victims testimony and sentenced to prison.

Your friend needs an attorney.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com