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Can the Prosecution Move My Case from Municipal to Superior Court

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  • 02-04-2011, 11:07 PM
    jms
    Can the Prosecution Move My Case from Municipal to Superior Court
    My question involves criminal law for the state of: NJ

    I was charged with simple assault by my ex-girlfriend in October of 2010. She did this after being advised by her attorney to do so because she was charged with assault, terroristic threats, and possesion of a weapon for unlawful purpose. I'm assuming she did this to help her defense on these charges that were pressed on her by the township police department. They keep postponing my trial in muncipal court because her lawyer says he was trying to get her charges out of superior court and be heard in muncipal court and be tried together because it was the same incident. I went to court the other day and her lawyer said he is going to file a motion to get my charges brought up to superior court with hers because they won't drop her case down to muncipal court.
    Her lawyer is also now trying to use text messages in the case against me. The phone that my ex-girlfriend had at this time was a second line I had on my cell phone account. I also remember her breaking this phone during the incisdent that occured between us. He is only trying to use one text message that was sent from my phone and not anything from the second line on my account. I don't know how he was able to obtain my cell phone records. She does still have the cell phone from my second phone line but like I said she did throw it on the ground and the screen was broke.
    Is it possible that superior court to bring my charges that were filed against me by her there even though my charges are not an inditable offense?
    Is her lawyer allowed to get my cell phone records? And if so are they allowed to use them in court?
  • 02-05-2011, 08:23 AM
    flyingron
    Re: Can They Move My Case from Municipal to Superior Court
    Huh? "Her lawyer" isn't the one prosecuting you, it should be the State's attorney.
    Yes the prosecution can certainly subpoena cell phone records and use them against you in court.
  • 02-09-2011, 09:24 PM
    jms
    Re: Can They Move My Case from Municipal to Superior Court
    The state is the one prosecuting me now but her lawyer is the one who keeps getting the postponments. His first postponment was because he wasn't ready because he was trying to get her case out of superior and brought down to municpal and his second postponment was because he wants to file a motion to get my trial heard in superior court at the same time as her trial. Since the superior courts prosecutors want to keep her case there. The last court hearing the prosecution wanted to proceed in my trial. Her lawyer didn't want her to testify against me because he said that would be putting her in jeporady for her trial. This incedent happened last september and she still hasn't even been arraigned yet. I tried to arguee by saying I should be entitled to a speedy trial and she could just plee her 5th ammendment right and not testify. The judge said it wasn't fair for her to testify when she has a case pending for the same incident
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