malicious prosecution...

[thes]

New Jersey

I signed a criminal complaint of "theft of services" on a customer. Prior to his arraignment, his attorney sent a letter stating that he would have the charge dismissed and threatened to sue me in civil court for malicious prosecution, unless I dropped the criminal charges against my customer. Is this legal/ethical procedure?

~Thes

 

[CdwJava]

New Jersey

I signed a criminal complaint of "theft of services" on a customer. Prior to his arraignment, his attorney sent a letter stating that he would have the charge dismissed and threatened to sue me in civil court for malicious prosecution, unless I dropped the criminal charges against my customer. Is this legal/ethical procedure?

~Thes

If he has grounds to make the claim (i.e. a reasonable belief he can get the charges dropped and grounds to sue you) , I don't see where it is unlawful. However, depending on the law in NJ it could be seen as an attempt to dissuade a witness from testifying. You might want to run that letter past the local DA and see what they have to say.

- Carl

 

[thes]

New Jersey

Thank you, Carl.....If you don't mind, here's another question:
My customer has already been to his arraignment....now if he pays what he owes me BEFORE the trial court date, should I drop the charges against him? Or will that open me up to having the malicious prosecution brought down on me by his lawyer?
Legal procedures are a bit confusing.

~Thes

 

[CdwJava]

New Jersey

Thank you, Carl.....If you don't mind, here's another question:
My customer has already been to his arraignment....now if he pays what he owes me BEFORE the trial court date, should I drop the charges against him? Or will that open me up to having the malicious prosecution brought down on me by his lawyer?
Legal procedures are a bit confusing.

~Thes

This is a question best left for your attorney. You can always choose to request the charges be dropped, but I suspect it is the DA who will ultimately make the decision.

Whether a decision to drop will expose you to an allegation of a malicious prosecution is something only a local attorney could say (and I presume in NJ that these sorts of offenses are initiated by the complainant's say-so and not through the DA or Grand Jury). If the DA brings the charges, then you would not likely face a suit for malicious prosecution as the state is conducting the prosecution - not you (again, this depends on your state's laws). They might allege that you made a false report or complaint, but if the DA is prosecuting then I don't see that you could be held liable.

- Carl

 

[thes]

I made the compliant, and it's listed as the prosecutor vs. my customer...on the docket.

Again, Thank you, Carl....I will bring the letter to an attorney & get their advice.

Enjoy the rest of your weekend...I'll breathe a little easier now, since getting your insight on this matter.

~Thes