Legal Question in Criminal Law in New Jersey

is it true?

if the cops ask me if i want to charge someone with assault and i said no, then they tell me that in the state of NJ they have to charge him. is that true?


Asked on 9/20/06, 10:45 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: is it true?

It sounds like you had a domestic violence like situation. In such a situation there are guidelines that the police are required to follow in New Jersey. Generally, if one person appears to be injured after the report of conflict the other person goes to the pokey.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/20/06, 11:05 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: is it true?

Yeah, but if the alleged victim doesn't show up at court then there is no case. However, in some places, they don't mess around when it comes to DV cases. Thus, they will force the person to come to court. If they don't, they will get charged. If they go to court and say nothing happened, and they told police something else, they could get charged with making false statements to police, perjury, etc. I suggest that you have this other person get an attorney to protect the two of you (at least until it becomes a conflict). My consultations are always free so call me at 732/247/3340 and we can discuss your case.

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Answered on 9/20/06, 4:08 pm


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