Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal-New articles, ABA newsletters and Community events

Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal

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. Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up! When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation.