Q: Can police issue and be the complaintant on a special complaint short form for a disorderly persons offense if
the officer did not observe the offense and the actor did not admit to commiting the offense (in presence requirement) regardless of evidence (witnesses and video)?
A: Of course a disorderly persons offense is just like any other crime, a complaint is based on information and belief. Just like in a murder the police generally are not present to see the killing nor do the police need to be present for a disorderly persons complaint. All the same rules apply. I suggest hiring a lawyer especially if they have video and witness information against you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (833) 732-7320
- View Profile
- Answered
A: They only need probable cause to charge you but they can't testify in court if they didn't witness or observe anything because that's hearsay and they have to prove their case in court beyond reasonable doubt which is much higher standard.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
