New Jersey Criminal Defense Attorney Blog

In this recent NJ criminal defense appeal, the defendant successfully argued that if there is no contact with a victim in a sex offense, there cannot be liability for more than a NJ disorderly persons offense.

State v. J.L., ? N.J. Super. ?, 2010 N.J. Super. LEXIS 239 (December 17, 2010) - Dismissal of indictment for criminal sexual contact affirmed.

Continue reading "No Sexual Contact Means Defendant Cannot be Prosecuted for NJ Felony " »

Obstruction the Administration of Justice, or "Obstruction," or "Obstructing Justice" is a common quasi-criminal charge made by police in New Jersey. It is generally an NJ disorderly persons offense, which subjects the defendant to up to six months in jail and a $1,000 fine.

The applicable New Jersey statute is NJSA 2C:29-1, which provides: a. A person commits an offense if he 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. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b. An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

Police sometimes issue these charges without any sound legal or factual basis. Typically when you simply do (or fail to do) something they want you to do when you have every right to simply refuse. Common scenarios are when an individual declines to implicate his or herself or another in a crime. Remember, defendants have the right to remain silent! There is therefore usually a good defense available if you are charged with Obstructing the Administration of Justice in New Jersey.

Criminal defendants in New Jersey are often confused about the particular charge they face after being arrested for a New Jersey disorderly persons offense. "Disorderly Persons" is not a specific type of crime. In fact, they are not crimes at all under NJ law. Rather, they are akin to misdemeanors.

Nevertheless, they are state criminal offenses and will subject you to a permanent criminal record if not expunged after conviction. Its obviously better to avoid the conviction at all rather than having to wait the necessary five years before becoming eligible for an expungement. The first step is therefore to retain a New Jersey disorderly persons lawyer as early as possible.

New Jersey classifies criminal offenses under three different general categories. Indictable offenses (in turn graded from 1st to 4th degree crimes) are commonly referred to as felonies in other states. The other two categories are disorderly persons and petty disorderly persons offenses.

Disorderly persons offenses in NJ include shoplifting, harassment, possession of less than 50 grams of marijuana and possession of drug paraphernalia.

Disorderly persons offenses are punishable by up to 6 months in jail and a $1,000 fine. Any offense involving drug possession in NJ, including possession of less than 50 grams of marijuana, also carry a 6 month minimum driver's license suspension.

Disorderly persons offenses can be expunged after five years of conviction (or from when the individual pays off all fines and completes probation). The only diversionary program currently in place for disorderly persons offenses is the conditional discharge program. This is only available for possession of under 50 grams of marijuana. Anyone enrolling in the program must successfully complete 1 year probation, which may include random drug testing. After successful completion of the program, the charge is dismissed.