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?

