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Old August 8, 2014, 10:25 AM   #7
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
I don't know anything specifically about New Jersey law but most states do not allow judges to dismiss charges over objection except under limited circumstances. Some examples: (1) a serious defect in the charge itself (it fails to charge an offense), (2) serious proprietorial misconduct, (3) certain serious defects in grand jury proceedings, (4) immunity, and (5) charges which violate certain types of constitutional protections. This latter category would include charges that violate the first amendment or double jeopardy.

Also, at the preliminary level a judge may dismiss a charge where there is no probable cause, a fairly low level for the government to meet. In many (most?) jurisdictions, a grand jury indictment provides probable cause and trumps a judge's earlier determination.

Here, the charges seem to be based on adequate facts. The only question at issue in my mind is the prosecutor's discretion in handing them.
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