Legal Question in Criminal Law in New Jersey

Is there anything we can do?

My son was at a H.S. football game, age 16 in a group talking to some friends when out of the blue a 20 year old man whom my son has never met,and who is not a student at the h.s., came running up to him and started to punch him in the face repeatedly, knocked him to the ground and started to kick him over and over again in the face, head and upper body then the man walked away and after my son got to his feet the man walked past him and said'' if you tell, i'll kill you'' my son then went to the police and ambulance who were in attendance and asked for ice, the police officer asked what happened and proceeded to do a sobriety test on him, which was negitive and my son who was very shaken up and obviously afraid to speak with the officer said he fell off a rock. the next day my husband went and signed a complaint against the man.court was last week where it was determind that this go to mediation.Do we have any sort of recourse to see some sort of justice or is it okay these days for a grown man to go beat the crap out of a teenager just because he's in a bad mood? I should add that this is something this man does often and I'm afraid that if this man gets off scott free he's going to come back for my son with a vengence


Asked on 11/13/06, 2:01 pm

4 Answers from Attorneys
Ana Esteves Law Office of Ana P. Esteves

Re: Is there anything we can do?

You can file civil charges for assault. What's puzzling is why your son would lie to the police if the story was as simple as that. Are you sure there isn't more to it? If a complete stranger comes up to you and assaults you, they go to jail for assault and there is no mediation. Mediation is for when there's a relationship of some type between the parties.

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Answered on 11/13/06, 2:25 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Is there anything we can do?

You can call the prosecutor's office and find out why it was downgraded. It should be a 3rd degree agg assault. I also suggest you hire an attorney to sue the person.

Good luck!

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Answered on 11/13/06, 2:26 pm
Gary Moore Gary Moore Attorney At Law

Re: Is there anything we can do?

You do not have to agree to resolve matter with mediation; you can only be compelled to try it. Tell the mediator that you want the man to go to jail and that will end the mediation.

If you feel the judge knows this man ask for a change of venue.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/13/06, 2:51 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: Is there anything we can do?

It sounds as if you are presently in municipal court where "disputes" between private parties are often channeled to mediation for resolution first.

You do not have to accept any proposed mediation solution and can insist that the case be tried. (If the injuries are serious enough or the circumstances warrant, the case could go to the prosecutor for grand jury action; if there is no indictment it would go back to municipal court.)

Afterward there may be grounds for a civil suit and money damages for medical treatment and injuries.

As with all complicated matters, you should seek counsel for specofic advice.

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Answered on 11/13/06, 6:25 pm


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