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Conflict of interest in the county and superior court

Hillsborough, NJ |

If a state prosecutor looses an appeal brought forward by a poor decision in municipal court, can that same prosecutor use that person as a victim/ witness for charges against the person who filed the original charges that he argued and lost the appeal with?
I was convicted and appealed false reports and harassment , served a false sentence until arguments were heard under appeal in superior court. That hearing the assistant prosecutor argued viciously for my continued conviction however the Judge saw it much differently.
Now that same complainant as before is being charged with criminal contempt of court...again.. due to a FRO I've had since 2009 against her. This same prosecutor who denied prosecution of her on 4 different occasions is again put in charge of her conviction..conflic

Attorney Answers 2

Posted

No, it isn't a conflict of interest for the same prosecutor to handle the complaint. However, you should retain an attorney to help you.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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11 comments

Asker

Posted

I cant afford one and legal aid is not available since the mother of my daughter has used their services in the past (Despite her making 90k per year and me living off of disability with tetraplegia (look it up, its a newer term)

Jennifer L. Ellis

Jennifer L. Ellis

Posted

If you are charged with a crime and you meet certain requirements, the court should provide a defense attorney for you.

Asker

Posted

no, im the victom/witness. but the state assistant prosecutor keeps denying trials against this woman. It was brought to my attention that she has made claims of me breaking the law with this same office. apparently they took it seriously because I believe I was being followed for about a week (which I don't mind because I haven't done anything). but regardless I believe they continue to dismiss these charges dispite probable cause being determined by judges because they believe she is a witness to crimes I have committed. This being said I feel that this would be a conflect of intrest, No?

Jennifer L. Ellis

Jennifer L. Ellis

Posted

Oh, I see. No one can force a prosecutor to file a case. And no, it is not a conflict of interest. It is very common for a perpetrator of a crime to accuse the victim of committing the crime. It is the job of the police and the prosecutor to sort it out.

Asker

Posted

that is exactly the case here, however I have been arrested and charged by both the police and this same person on 14 different occasions and 7 TRO having been issued by the same. evcery charge and every case has been unfoiunded (with the exception of one appeal involving that same prosecutor). What I am questioning is if a judge finds probable cause, issues bail on this woman who I have a final restraining order against, how can this same prosecutor continuesly deny to have a trial. on some cercomstances he had said "she had good reason to contact him". In every civil court order, and in the Final restraining order prohibits any phone calls. In the FRO itg started that this woman could not even email me directly, requiring her to go through a 3rd party. But this prosecutor suddenly says it was ok? I've had to change my phone number on multiple occasions because of her harassment. Regardless, isn't there a limit to which he can refuse to prosecute her? She even put it on the record "im working with the prosecutor's office and they want him in jail". Of course the prosecutor's office denies any knowledge of this but refuses to accept any material from me showing continued abuse and neglect of my 7 year old daughter. DYFS is also no help for this. I even wrote to the goveners office about this with just being directed to go elsewhere. There is no where else to go. everyone keeps saying its some other government organization. meanwhile I keep getting arrested for reporting these crimes that are committed against me and my daughter. I never had these problems when I wasn't disabled.

Jennifer L. Ellis

Jennifer L. Ellis

Posted

I am sorry you are going through such a difficult time. There is something called a statute of limitations for crimes. That is the time period during which a prosecutor has to prosecute. But there is no limit on denying to prosecute. As I said, it is entirely up to the prosecutor to decide whether to prosecute a crime.

Asker

Posted

do I have the right to prosecute her myself? or appeal to someone regarding his refusal to prosecute for the state?

Jennifer L. Ellis

Jennifer L. Ellis

Posted

No, you don't have the right to prosecute. I don't know about appealing. You could ask to meet with the prosecutor's boss. But I am not sure that would go over well. You could try writing to your local congressperson. You could also try suing in civil court, but that would be both expensive and difficult to prove.

Asker

Posted

ohh boy. I guess its just a waste of time. I don't have any money to file a civil suit. the worst part about this is his constant denyals to prosecute 1. set me up for a harassment claim. 2. destroy my credibility for a child custody claim held in the same courts. Give her a defence to her having harassed me using my daughter as leverage. 3. cause me to look as a dishonest person, which I am not. and lastly, the harassment and violation of FRO's continue, the order isn't worth the paper its printed on. I have modified this FRO 3 times now always being able to show wrongdoing that cases have been denied prosecution about. The worst is my little girl who is stuck in the middle having to pass threats of harm intended for me by mom and her B friends. Policxe simply arrest me when I attempt to report this. (Even if I were willing to let them interrogate her, they would refuse, only doing it when she is with her mother. she is then sent back to me with bruises which DYFS ignores, and blames me. Regardless what she try's to tell them about moms mistreatment and my good treatment towards her (also only questioned at her mothers house).... this is a nightmare. Now she is permanently hurt with a brain injury. of course no charges were put on her mother for her actions. thanks for your help though..

Jennifer L. Ellis

Jennifer L. Ellis

Posted

Sounds terrible. I am sorry this is happening to you.

Asker

Posted

hey councilor are you interested in some pro bono work by any chance taking on the government both local and county in nj? its effected a permanently disabled man and destroyed the life of a little girl. I have so much evidence (such as videos dr reports, judgments denials of legal opra requests to show what's happening in nj. So far one corporal was fired, a dyfs case worker was fired and 2 girl scout leaders were asked to leave. None of which has helped me or my daughter, only seemed to make more enemys.... no cases can be heard in 3 different municipal courts after I was able to get certain officials to reques themselves. again making many enemys but all for a just cause and in the name of justice. it seems no one wants to stand up for their rights except me, running as soon as threats of arrests come across them. I really need any legal help I can get, because I will not quit..

Posted

If a state prosecutor looses an appeal brought forward by a poor decision in municipal court, can that same prosecutor use that person as a victim/ witness for charges against the person who filed the original charges that he argued and lost the appeal with? Reword this so that we can more fully understand what you are saying and asking. Try not to interject your conclusory and emotional words which tend to muddy the question. Who is the complainant? If you just want to rant, you can do that, but the chances of us understanding the question are much less.

R. Jason de Groot, Esq.,

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Asker

Posted

I was found guilty in municipal court for charges brought forward by the police and the mother of my child. I served a partial sentence until a superior court appeal. in that appeal the assistant prosecutor for the state gave a rigourous argument (as he should) to the effect that the charges should remain (false reports and harassment). the judge was extreamly unhappy about the original conviction and overturned the charges. Now this same prosecutor for the state is supposed to be arguing for the state regarding the mother of my child (the one who he argued for in the past) for a violation of FRO against me. currently he has simply denied to prosecute on 4 occasions which judges set bail and one hearing which evidence was not even used (most incriminating against the mother of my daughter, now the defendant). recently again there is another violation of FRO in which this same prosecutor is handling this case. Since she has given the prosecutors office numerous complaints in the past and he has attempted to prosecute me, would it be a conflict of interest? Should it be sent to a different county? Im not ranting, just stating the FACTS.

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