Written by attorney Kenneth Albert Vercammen

STorm certification and private prosecutors

Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal State v. Valentine 373 NJ Super. ___ (App. Div. 2005)

Defendant sought reversal of his conviction of simple assault because the private attorney who prosecuted the case in municipal court failed to file a certification, required by R. 7:8-7(b), that would address the concerns expressed in State v. Storm, 141 N.J. 245 (1995), thus precluding the municipal judge from determining whether there was "good cause" for the private prosecution. The court rejected the state's argument that defendant's failure to show he was prejudiced may excuse this structural defect in the municipal proceedings, and reversed.

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