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.
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