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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17312
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have moved to File Racketeering charges against some individuals

Resolved Question:

I have moved to File Racketeering charges against some individuals in civil. How do I get them indicted and charged in criminal? The proscutors,attorney general, us attorney ignore me, therefore I will file the thing myself. I am fluant in court rules, how do i get whatever filed and submitted to whom? I live in jersey.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

Only a prosecutor can file criminal charges, It is not something that you can do for yourself. The prosecutor has complete discretion as to what cases it will take on and how it should be prosecuted. The president himself cannot make a prosecutor file charges. His discretion is absolute.

If the police and the FBI have turned you away, if the state and Federal prosecutor's office has done the same, there is simply no higher recourse. Your remedy would be in Civil court.

I'm sorry to be the bearer of bad news. You can make noise about an issue and bring pressure to bear on the state, but in the end it still comes down to the same thing. If the prosecutor says no, that means no.
Customer: replied 2 years ago.
Can I go to the town courthouse and file a compliant against them? It involves things like assault
Expert:  Zoey_ JD replied 2 years ago.
Hi,

If you want to get criminal charges pressed the way to do it is to go to the police, fill out a report and tell them that you want the perpetrator prosecuted. If they agree that they have probable cause to arrest someone, they will turn the file over to the prosecutor who will file the charges. The other way would be to walk in off the street and go directly to the prosecutor's office (It may very well be in the courthouse, but it doesn't have to be) and file the charges there. If the prosecutor feels that he has probable cause to go forward, he can agree to file charges.

Sometimes, and it looks like you've been seeing this happen, there are crimes that can be prosecuted either civilly or criminally. The criminal burden a prosecutor has is proof beyond a reasonable doubt. That's the heaviest burden to meet in all of law. The burden in civil court is a preponderance of the evidence, meaning if you show that more likely than not a person committed a fraud, for example, you prevail. When the prosecutor feels that a complainant has a significantly better chance of winning in civil court than if the state prosecutes it in criminal, they will tell the complainant that they do not wish to prosecute. Doesn't mean you have a bad case. Just means that you'll have a better shot if you sue.
Customer: replied 2 years ago.

This is what im trying to figure out:

"The Criminal Division of Superior Court manages criminal complaints from the
time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property."

Here is the link:

http://www.judiciary.state.nj.us/criminal/crproc.htm

Im trying to figure out where the form would be and who gets it.

Expert:  Zoey_ JD replied 2 years ago.
Hi,

There is no form that I'm aware of. In terms of the complainant, lodging the complaint only means reporting the crime, and I've told you how to do that. However, In the event that there is such a procedure in your jurisdiction as reporting the complaint on paper and then turning it into the court to have it submitted to a prosecutor, the clerk of the court where the case would be pending would either have or know who would have such a form.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17312
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.