Contact Our Jersey City or Hoboken Office To Speak To A Highly Experienced Former Prosecutor About The Obstructing the Administration of Law Charge You Are Facing In Jersey City, Hoboken, Secaucus, Bayonne, Kearny Or Another Hudson County Municipality.
There are many individuals who are issued charges for obstruction of law or justice in Hudson County each year. The municipalities in which our attorneys defend the highest number of offenses for obstructing are unquestionably Hoboken and Jersey City. The presence of the Lincoln Tunnel also results in many individuals charged with this violation in Weehawken. Whether you gave a fake name, attempted to eat some evidence before the police could seize it, ran from the police or some other scenario resulted in your being arrested for obstruction, you need to take this case seriously by hiring the best local attorney you can find because the penalties under N.J.S.A. 2C:29-1 are life impacting. While this charge may be buried amongst a litany of other charges such as resisting arrest and almost anything else in the New Jersey Criminal Code, a conviction for this violation can land you in jail, not to mention leave your strapped with a criminal record.
Our firm, the Law Offices of Jonathan F. Marshall, can provide you with the effective defense you need to achieve a favorable outcome at the Hudson County Superior Court or in a municipal court such as the one in Secaucus, Kearny, North Bergen or Union City. We have local ties derived over 150 plus years of combined experience in Hudson County. Most of our lawyers also have significant time learning their craft as prosecutors. You need a strong legal defense so that you have the opportunity to escape a conviction that you deserve and a lawyer at our firm can provide what you need. To speak to an accomplished criminal litigator for a free consultation anytime 24/7, call (201) 309-0500.
Obstructing the Administration of Law Charge in Hudson County
It is important for anyone charged with obstructing to gain a working knowledge of what they are up against. The starting point of this discussion is N.J.S.A. 2C:29-1, the law that sets forth this offense. An individual commits the offense of obstruction if he/she:
purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act.
The first thing should clarifying regarding this violation is that it is only triggered when there are affirmative efforts to subvert an investigation or arrest. Failing to cooperate does not result in a bona fide charge under 2C:29-1. There must be some act on the part of the accused to undermine police efforts such as intentionally providing false information.
What The Prosecutor Must Prove To Obtain A Conviction. If the prosecutor in Hoboken, Jersey City, Bayonne, Weehawken or another town wants to secure a finding of guilt, he/she will have to establish three (3) elements of proof beyond reasonable doubt. The first element to be proven is that you obstructed, impaired or perverted the administration of law or governmental function or prevented or attempted to prevent a public servant from performing an official function. Second, you must have possessed the purpose to obstruct or prevent when you engaged in this conduct. The third things that the state must prove is that you utilized intimidation, force, violence, physical interference or some other independently unlawful act.
Penalties for Obstruction of Justice. Generally, a charge for obstruction of justice is a disorderly persons offense. However, a charge for obstruction of justice enhances to a crime of the fourth degree when the defendant obstructs the detection or investigation of a crime or the prosecution of a person for a crime. If convicted of a crime of the fourth degree, the defendant could face up to eighteen (18) months in a New Jersey State Prison and up to a $10,000.00 fine. If convicted of a disorderly persons offense in Hudson County, New Jersey, the defendant faces up to six (6) months in the Hudson County Jail and up to a $1,000.00 fine. However, a defendant may be able to take advantage of one of New Jersey’s diversionary programs, which if successfully completed, could result in a complete dismissal of the charges. Learn more information on the conditional dismissal program.
Reported NJ Decisions Serving As Examples. In State v. Camillo, the defendant refused to provide information requested by a state trooper and was charged with obstruction. The court concluded that the offense should be dismissed because, while the accused obstructed the trooper in preparing his report, the defendant did nothing to physically impede or otherwise affirmatively prevent the officer from doing his job. Conversely, when an individual uses force to prevent police from conducting pat down and engage in verbal abuse, they commit obstruction consistent with cases such as State v. Wanczyk.
Jersey City Obstructing The Administration of Law Lawyers
The team of Hudson County criminal defense lawyers at the Law Office of Jonathan F. Marshall has the experience required to thoroughly protect your interests in your obstructing the administration of law case. You can count on the skill and commitment of an attorney at our firm to provide you with the best opportunity for averting a conviction. It is therefore in your interests to contact our office to discuss your charge with a lawyer on our staff. Lawyers are available now at 201-309-0500 to assist you.