Some Criminal cases are downgraded cases
are ordered, or "remanded" back to the local municipal court
for disposition.
The Prosecutor’s Office has broad discretion to
determine the appropriate disposition for a complaint. The Prosecutor’s office
may handle a criminal complaint in several different ways. The complaint may be
administratively dismissed, remanded to municipal court, or prosecuted in
Superior Court.
Administrative Dismissal: A complaint may be administratively dismissed
for several reasons, mainly because there is insufficient evidence to proceed.
In some instances, a complaint is dismissed at the request of the victim.
However, a victim’s request to dismiss a complaint is not always honored. Once
a criminal complaint is signed, the complaint is prosecuted on behalf of the
State of New Jersey, not the individual who signed the complaint. When deciding
whether to dismiss a complaint, several factors are considered including, but
not limited to, the following: (1) the nature and extent of the defendant’s
prior criminal history; (2) the severity of the crime; and (3) whether the
defendant has other pending charges.
Municipal Remand: A complaint is remanded to municipal court when the
Prosecutor’s Office determines that the complaint can be adequately dealt with
in municipal court. When a complaint is remanded to the municipal court, the
original charge is amended to a disorderly persons offense and the complaint is
returned to the municipal court. All further proceedings are handled in
municipal court. Once a case is remanded to municipal court, the municipal
prosecutor generally handles the complaint. However, in certain instances, a
disorderly persons offense is retained by the Prosecutor’s Office and is heard
in Special Remand Court, which is like a municipal court but can hear cases
from throughout the County.
All complaints charging crimes are
immediately referred to the County Prosecutor's Office for review. Once
received, the Prosecutor's Office reviews the complaint, obtains any police
reports that were prepared concerning it and, where indicated, contacts the
complainant/victim and/or investigating police officer for further information
and comment. If the Prosecutor's Office determines that the complaint can be
adequately dealt with by the local municipal court, the crime charged in the
complaint will be amended to state a disorderly persons offense and the
complaint will be returned to the municipal court for trial. Source http://www.acpo.org/questions.html
