Independent Witness

[Lou]

What is the name of your state? NJ

My girlfriend was assaulted by a group of people. She has cuts and bruises all over her face and body. One of the assailants gave the police a knife and accused my girl of attacking them, thus claiming self defense. The police arrested my girl with assault with a deadly weapon because they claim there is an independent witness.

However, she believes this witness isn't independent at all and knows the assailants and possibly herself. Can she find out who the witness is so she can prove they aren't independent at all? Also, can she receive a copy of the police report somehow...she called the police station and they said she can't have a copy.

[seniorjudge]

What is the name of your state? NJ

My girlfriend was assaulted by a group of people. She has cuts and bruises all over her face and body. One of the assailants gave the police a knife and accused my girl of attacking them, thus claiming self defense. The police arrested my girl with assault with a deadly weapon because they claim there is an independent witness.

However, she believes this witness isn't independent at all and knows the assailants and possibly herself. Can she find out who the witness is so she can prove they aren't independent at all? Also, can she receive a copy of the police report somehow...she called the police station and they said she can't have a copy.

Q: Can she find out who the witness is so she can prove they aren't independent at all?

A: Yes, after she pleads not guilty and the trial is set, she can file a motion for discovery and get this info.



Q: Also, can she receive a copy of the police report somehow...she called the police station and they said she can't have a copy.

A: Same answer.

[Justice_Seeker]

What is the name of your state? NJ

My girlfriend was assaulted by a group of people. She has cuts and bruises all over her face and body. One of the assailants gave the police a knife and accused my girl of attacking them, thus claiming self defense. The police arrested my girl with assault with a deadly weapon because they claim there is an independent witness.

However, she believes this witness isn't independent at all and knows the assailants and possibly herself. Can she find out who the witness is so she can prove they aren't independent at all? Also, can she receive a copy of the police report somehow...she called the police station and they said she can't have a copy.

You need to state the charge more specifically Lou.

Is she accused of actually causing a physical injury with a deadly weapon or just using a deadly weapon with intent to cause a physical injury.

One may be classified as a misdemeanor depending upon the exact circumstances, and the other a felony -- a big difference in terms of the punishment one may expect if convicted.

[Lou]

New Jersey

In fear, my girl ran away from her assailants and drove off in a friend's car. Because my girl had bruises and cuts all over her face and body, the assailants must have panicked and figured she was going to police (not the case, she just wanted to leave the onslaught....she didn't feel safe in the area at that moment, even though she lives around there). One or more of these assailants must know how the system works. They gave the cops the knife in a ziplock bag and claimed to have defense wounds on their hands. Then, they went to a hospital.

**I just found out that the complaint was sent to the grand jury.

It was mentioned by cops (right after the incident) that fingerprints will be checked on the weapon to see if my girl was holding it. As for her assailants, they weren't arrested and won't be checked for fingerprints. I would have thought they would want to check all of them for prints. That independent witness (assailant friend) and the supposed defense wounds (probably either self inflicted knife wounds or busted from beating her face) are making my girl feel hopeless ......she feels framed by all these people.

[acmb05]

New Jersey

In fear, my girl ran away from her assailants and drove off in a friend's car. Because my girl had bruises and cuts all over her face and body, the assailants must have panicked and figured she was going to police (not the case, she just wanted to leave the onslaught....she didn't feel safe in the area at that moment, even though she lives around there). One or more of these assailants must know how the system works. They gave the cops the knife in a ziplock bag and claimed to have defense wounds on their hands. Then, they went to a hospital.

**I just found out that the complaint was sent to the grand jury.

It was mentioned by cops (right after the incident) that fingerprints will be checked on the weapon to see if my girl was holding it. As for her assailants, they weren't arrested and won't be checked for fingerprints. I would have thought they would want to check all of them for prints. That independent witness (assailant friend) and the supposed defense wounds (probably either self inflicted knife wounds or busted from beating her face) are making my girl feel hopeless ......she feels framed by all these people.

I hope she did not touch the knife, however if the other people were smart they would have wiped it clean. this in itself should send up flags because why would someone claiming self defense wipe the evidence clean before giving it to the cops?

[CdwJava]

Lack of prints on the knife does not rule a person out as a suspect. A knife with a wooden handle would be difficult to raise prints off of. And obtaining a GOOD print will be even harder.

What reason has your girlfriend provided for the assault? And why did she NOT call the police?

Could the other people be claiming that the cuts and bruises on your girl were inflicted while they were defending themselves from HER assault?

In any event, if she is facing criminal charges for what could be attempted murder or at least assault with a deadly weapon (or the NJ equivalent) she should speak to an attorney ASAP.

- Carl