Legal Question in Criminal Law in New Jersey
Simple Assault
On 10/31 mu husband an I got into an argument. During the course of this he grabbed me and left bruising on my arm and I cut the inside of his lip jerking my arm away. He dialed 911 and hung up and the police came anyway. Neither one of us wanted anything done but the police said in the state of New Jersey they had to press charges for simple assault against both of us. What should we do? Neither one of us wants to testify against the other and are planning to invoke our fifth amendement right. Because there was no witness to our fight or anything else for that matter, will this drop the charges for lack of evidence? Also in New Jersey, they don't mirandize until you go to court, will this mean that all statements until this point are inadmissable? What is the best course of action?
2 Answers from Attorneys
Re: Simple Assault
Without both of you, the prosecutor will not be able to make a prima facie case. You can let the prosecutor know of your intentions not to proceed againt one another but I would recommend getting an attorney to navigate the system with you. Both of you will probably speak with a victim/witness advocate before the Court dismisses anything. You can contact me at [email protected] if you need an attorney.
Re: Simple Assault
Even if you and your husband both want to drop the charges against each other, you still have to go to court and tell this to the judge. This is to protect both of you, to make sure that neither one of you is being forced by the other to give up your right to press these criminal charges. As to the statements, any statements you made in response to questioning by a police officer cannot be used against you if you were not mirandized first. Any statements that you just blurted out, but not in response to direct questioning by a police officer, can be used against you.I have handled many cases similar to yours in various courts in NJ in the past. If you would like to discuss this in more detail please contact me. There is never any charge for simply talking to me about a case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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