Lyndhurst, NJ asked in Criminal Law for New Jersey

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)?

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2 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

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.

Leon Matchin
Leon Matchin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

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.

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