Legal Question in Criminal Law in New Jersey

Re: Questioning/plantiff/defendent.

In a criminal case the State of New Jersey is the plaintiff; the alleged victim is usually named as the complainant. It is the state's case because it is based on the violation of state criminal law.

The complainant's desire or lack of desire to prosecute a defendant is usually considered but it is not controlling.

A defendant, usually through his attorney, may question a witness under oath when a judge issues an order requiring same in a procedure called a deposition. Depositions are not common in criminal cases.

If a witness is willing a defendant, through his attorney, may question a witness. There is danger. Whoever questions a witness must conduct himself or herself in a manner to avoid appearing to attempt to tamper with the witness' testimony to be offerred at trial. Tampering with a witness' testimony is a crime whether the questioning is by the defendant or defendant's attorney or investigator.

Generally, a witness should not be contacted by the defendant because it can easily be made to look like an attempt at tampering with the witness.