02-04-08 A-0490-07T4
The prosecutor filed a complaint in the Family Part
charging a juvenile with aggravated assault that led to the
victim's death. More than 30 days later, after further
investigation indicated that the juvenile had far greater
responsibility for the death, the prosecutor dismissed the first
complaint and filed a second complaint charging murder. Within
30 days of the second filing, the prosecutor moved for waiver of
the murder complaint to the Law Division, where the juvenile
would be tried as an adult. We reversed the denial of the
prosecutor's motion, holding: (1) the motion was timely because
the 30 time limit of N.J.S.A. 2A:4A-26(d) and Rule 5:22-2(a) did
not begin to run on the murder complaint until it was filed; (2)
the development of the additional incriminatory evidence after
the filing of the first complaint provided good cause for an
extension of the 30-day time limit even if that time began to
run from the filing of the first complaint.
