I represented a client who was charged with violations of NJSA 2C:29-1 and NJSA 2C:33-2. The incident was alleged to occur on the Newark Penn Station train platform while my client was waiting for a train. According to the police and a complaining witness, my client became disruptive and was arguing with other train passengers.
My client vehemently denied these allegation and stated that he simply had a disagreement with another individual waiting for the train regarding a comment that was made about his girlfriend. My client insisted that it did not become physical or even a loud verbal argument and ended has quickly as it started. However, the police got involved and escalated a the situation. At that point my client claimed that he was simply inquiring as to why it was necessary for the police to be involved and he was arrested shortly thereafter.
After being retained, I made the customary discovery demand for police reports and other items including any videos or audio. At the first conference date, the state was not able to provide the requested documents, that I argued will have apparent exculpatory value.