Criminal Law Questions? Ask a Criminal Lawyer.
I found out about his passing away a few days ago by googling his name.
In the NJ Judiciary plea form that I signed, it says "If the defendant does not make restitution payments, State has the right to withdraw from Plea Agreement"
Yes. Restitution is the only thing I have to do before sentencing.
The State 100% knew that the witness had passed away and we can prove that. My question is if we present this evidence to the judge what is the likelihood that he will vacate the plea?
If we can prove that the prosecutor knew 100% that the witness had passed away and we can establish that this was the jist of the case, does this rise to prosecutorial misconduct?