Legal Question in Civil Litigation in New Jersey

Using promise of help in criminal matter in a civil case?

Person went to get a RO against me, and also ended up getting charged by state for stalking. Their laywer told my lawyer the other party (plaintiff) would cooperate (ie, testify for me and/or not object to criminal charges getting thrown out) on the criminal charges if I would just accept the RO and not put up a defense. Subsequent attorneys have said that eventhough this is done, its not technically legal to do. Is that the case, and if so can someone point me to a link or statute or case I can cite? Basically it was ''if you just accept the restraining order, we'll testify for you in the criminal matter that we do not think you committed the crime'', so obivoulsy if the supposed ''stalkee'' testifies they were not ''stalked'' that would be beneficial.

Everythign got thrown out anyway due to far too many lies to the police, but I still have the RO and am preparing a motion to vacate and want to use the ''illegal'' deal as one of the many reasons, if it is in fact not legal. As I said two lawyers I talked to afterward said so (I was looking at a defamation suit since they lied so much to the police). Thanks.


Asked on 11/11/08, 7:13 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Using promise of help in criminal matter in a civil case?

I don't suggest doing this by yourself. You should get an attorney to handle this for you. Why not hire one of the two you spoke with? I don't see you having much luck on your own.

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Answered on 11/11/08, 10:00 pm


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