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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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Scenario : Party A has court ordered legal residency in a home

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Scenario : Party A has court ordered legal residency in a home and has produced the documents to police department. The person who is renting the home, Party B, calls police to have Party A removed and arrested just on his say so(lied to police about "breaking in", "stealing personal items",etc.) without filing a report beforehand or producing official documents contrary to the residency.
Party A goes to jail and stays for a month, until is bailed out. No court date set, pending grand jury.

1. Can this be false arrest and imprisonment? What type of lawyer could or should be consulted?
2. How long can this case be in limbo, pending grand jury? Who would know?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  lwpat replied 5 years ago.
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Can this be false arrest and imprisonment?

No, it would be considered as malicious prosecution if you are found to be not guilty.

An action at law for malicious prosecution based upon a prior criminal judicial proceeding consists of several elements.
First. The plaintiff must establish the existence of a criminal judicial proceeding against him/her. On this subject the (undisputed) facts are (state the nature of the criminal charge instituted against the plaintiff, the name of the judicial tribunal in which it was instituted, etc.)
Second. The plaintiff must establish that the defendant was responsible for or caused that proceeding to be instituted against him/her.
On this subject the (undisputed) facts are (state what the defendant did to initiate the criminal judicial proceeding against the plaintiff such as signing a complaint, etc.)
Third. The plaintiff must establish that the criminal proceeding terminated favorably to him/her or in a manner not adverse to him/her.

You can sue Party B for your damages. As to the indictment, that can take some time.

You do have a right to a speedy trial in NJ. The factors are
The factors balanced include: (1) the length of the delay, (2) the reasons for the delay, (3) any assertion by the accused of speedy trial rights, and (4) any prejudice to the accused from the delay. N.J.S.A. 39:4-50. State v. Gallegan, 117 N.J. 345 (1989). You can have your attorney assert your right to a speedy trial.
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