As a victim of a crime (info withheld due to confidentiality), how does the NJ State Constitution and the Crime Victim's Rights interpret this denial? Can the case against the defendant be reopened due to this? If so, would there be a statute of limitation? If not, is there financial compensation or another remedy to this concern?
Furthermore, there was one other victim to this crime, but the PD never bothered to have me sign a complaint against the defendant. However, the other victim was not only contacted by the PD to sign the complaint, but they were allowed to give a witness testimony in court, given full disclosure about the disposition of the case, and awarded monetary compensation from the county Victim - Witness Advocacy Fund.
According to NJ State constitutional amendment- article I, paragraph 22: "It is also intended that the right established in this amendment to be present at public judicial proceedings necessarily includes the right to be notified of such proceedings, as is required under current law."
Criminal Defense Attorney
The police charged the defendant based on their investigation. The State used the other witness. If the defendant was not charged with the crime against you there is a 5 year SOL. If the defendant was charged but the disposition occurred without notice to you there is recourse in the Victims’ Rights Act I guess. As a defense attorney I do not know this Act well. I doubt there is damage that can be sought but I do not know for sure. They may have dropped your case and pleaded the other, but they should have contacted you first. Call the Victims section of the prosecutor’s office.
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There is no Constitutional right for a victim to be present at a trial.
Your state (I am not a NJ attorney) may have some statute on-point, but I have never heard of such a law.
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