QUESTION
If I become aware of a possible crime am I obligated to report it?
Asked on Jan 05th, 2015 on Criminal Law - New Jersey
More details to this question:
Daughter hosted a party 12-14 underage kids in our basement. We supplied soda and snacks. Some kids snuck in alcohol. One participant left our home and was intoxicated. He had said good bye at front entrance and I did not note his condition. He left on foot and got lost. Later found by police and said he got alcohol from our home. I found out from participants that this same kid snuck in the alcohol and he kept for himself and sold some to others. When I asked participants to draw up a witness statement, one of them indicated this kid attempted to sexually assault them. It was prevented by someone else at gathering. Am I legally obligated to report the assault even if the person to whom assault occurred does not want to report it? Cops claim they are to issue me summons for allowing drinking (which I plan to defend as it was snuck in and I was unaware of it). This is why I was getting witness statements.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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I would use our private investigator, Lance LeBaron, to take statements from those people who would give statements to him. The problem is that if the children are under the age of 18, you will not be able to get statements from them without their parents permission. If the parents will not give permission for statements, you do not have any statements that you can submit to the police. You are left with hearsay. That would not be sufficient to support a crime. In the alternative,you would be well served focusing upon your defense as to how the alcohol get into your home and how the alcohol was hidden from your supervision. You will have to address the supervision issues. Please call if we can help. Ed Dimon
Answered on Jan 05th, 2015 at 1:43 PM