Legal Question in Traffic Law in New Jersey

My daughter met with a prosecutor for a minor ticket. On her way to court she was ticketed for another minor offense. After settling the first ticket, she told the Prosecutor about the second ticket she received seeking advice and wondering what would hppen (she's a kid). The second ticket went to court and although in another town, they share the same Judge and Prosecutor. We went to court. The officer (Chief) did not show up. She is pleading "not guilty" and it has been rescheduled. My question is: Can this same prosecutor prosecute this case since he had advance, personal knowledge from when she confided in him?


Asked on 7/15/12, 3:39 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I don't see how there is any conflict here. The prosecutor is not a witness to anything.

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Answered on 7/15/12, 3:42 pm
Gary Moore Gary Moore Attorney At Law

Confidentiality is a consequence of a lawyer/client relationship. The prosecutor's client is the State of New Jersey. Your daughter chose to act as her own attorney. Call me if you need assistance.

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Answered on 7/16/12, 6:40 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Mr. Moore is correct, there is no confidentiality between your daughter and the Prosecutor. In this situation she is acting as her own counsel and had a converstion with the prosecutor about the new ticket. He couldn t offer a plea in the town she was in because as you said the summons was issued in another town. However, I fail to see how this creates a conflcit for him or her merely because they prosecute in more than one Court and she dealt with this prosecutor in another Court. I do not believe that there is any conflcit in this situation, good luck.

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Answered on 7/16/12, 1:21 pm


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