Legal Question in Criminal Law in New Jersey

megan's law, child rights

Our son was the victim of internet child

abuse. The perpetrator was

aprehended. The case has gone

through the grand jury and is now at

the stage of plea bargaining. The state

prosecutor is eager to proceed. How do

we protect our son from having to

testify in court if there is a trial? What

rights does he have?

Asked on 2/23/07, 7:34 am

3 Answers from Attorneys

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: megan's law, child rights

You have rights guaranteed by both the State Constitution and State Statute as crime victims.

Did you know that the VCCB will actually pay a lawyer to represent your son in discussions with the prosecutor? I suggest that is the way to go.

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Answered on 2/23/07, 10:26 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: megan's law, child rights

I agree with Mr. Grassi. I am also a VCCB lawyer so I suggest you contact the VCCB and ask them for a list of lawyers in your area.

Here's the problem with your case. Your son MUST testify at trial. If you don't want that to happen, then you MUST notify the prosecutor ahead of time so he works out a deal. Keep in mind 90%+ cases plea out but if it goes to trial, he will have to testify.

Good luck!

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Answered on 2/23/07, 1:36 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: megan's law, child rights

If there is a plea bargain your son will not have to testify at all. If there is a trial then depending upon your child's age he may not have to actually sit in the witness box to testify, but may be allowed to testify by videotape or video teleconference from the judge's chambers. If he doesn't testify at all, then the accused person may not be convicted. You should talk to the prosecutor about all of this.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 2/23/07, 1:41 pm

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