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STATE v. A.G.D.

835 A.2d 291 (2003)

178 N.J. 56

STATE of New Jersey, Plaintiff-Respondent, v. A.G.D., Defendant-Appellant.

Supreme Court of New Jersey.

Decided October 9, 2003.

Attorney(s) appearing for the Case

Kevin G. Byrnes, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Debra A. Owens, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Michael A. Baldassare, Newark, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Baldassare and Lawrence S. Lustberg, on the brief).

Justice VERNIERO delivered the opinion of the Court.

This appeal poses two questions. The first is whether prosecutors or their representatives, including the police, properly may interrogate a suspect without the consent of defense counsel before an indictment has been obtained but after the State has filed or issued a criminal complaint or arrest warrant against that suspect. The answer to that question is yes. In view of that answer, the second question is whether...

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