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This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.

Hackensack NJ Obstructing the Administration of Justice Attorneys

Lodi NJ Obstructing the Administration of Justice Lawyers

A conviction for the offense of obstructing the administration of justice can be devastating to one’s career. As you will see below, depending on the underline facts, if convicted, the defendant may be burdened with a felony criminal record. Typically this offense occurs as a result of an alcohol fueled night and usually this offense is accompanied by a resisting arrest charge as well. The governing statute in New Jersey for obstructing justice is N.J.S.A. 2C:29-1. The Law Offices of Marshall, Bonus, Proetta & Oliver has been defending individuals charged obstruction, resisting arrest, aggravated assault, assault on a police officer and terroristic threats throughout Bergen County in towns like Mahwah, Hackensack, Fort Lee, Garfield, Bergenfield, Palisades Interstate Park, River Edge Englewood Cliffs and Saddle Brook for over fifteen years. We have eight criminal defense attorneys on staff making us one of the largest criminal defense firms in the state let alone Bergen County. Here is some important information with regards to the offense of obstructing justice, including the statute itself.

 Obstructing Administration of Justice Lawyers in Paramus: N.J.S.A. 2C:29-1

N.J.S.A. 2C:29-1:
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.
 

There are three key elements that the state must prove beyond a reasonable doubt before an individual can be convicted of obstructing the administration of justice. First, they must prove that the defendant either “obstructed, impaired or perverted the administration of law or governmental function or the defendant prevented or attempted to prevent a public servant from performing an official function”; secondly, that the underline purpose of the defendants conduct was to obstruct or prevent the administration of justice and  lastly, that the defendant actions were conveyed by a means of either intimidation, force, violence, physical interference or some other independently unlawful act.

Typical conduct which will result in a obstructing the administration of justice charge is either verbally or physically abusing a police officers who is called to the scene to investigate a disturbance. Usually, the person charged with obstructing justice is not the main subject in the officers investigation.

What are the Penalties for Obstructing Justice in NJ?

Obstructing the administration of justice is either a crime of the fourth degree (felony) or a disorderly persons offense (misdemeanor). If the underline conduct by the defendant obstructs an investigation of a crime or the prosecution of a person for a crime, than they will be charged with a fourth degree indictable offense. If convicted of a crime of the fourth degree, the defendant will be facing up to 18 months in a New Jersey State Prison. On the other hand, if the defendant’s conduct does not obstruct the  investigation of a crime or the prosecution of a another person than they will be charged with a disorderly persons offense. If convicted of a disorderly persons offense in New Jersey the defendant faces up to six months in the Bergen County Jail and up to a $1,000.

Depending on the defendant’s prior criminal history they may be eligible for one of New Jersey’s diversionary programs, Pre Trial Intervention (“PTI”). PTI is a diversionary program in New Jersey where in which if the defendant completes the program as directed by the Judge, the then pending felony (indictable) charges will be outright dismissed, leaving the defendant without a permanent criminal record. To determine if you are eligible for PTI please click here.

Obstructing Justice Defense Lawyers in Fort Lee NJ

The Law Offices of Marshall, Bonus, Proetta & Oliver has over 100 years of combined experience on staff. We have the experience and knowledge to successfully protect your interests. If you or someone you know has been charged with obstructing justice, driving while intoxicated, resisting arrest, possession of marijuana or any other criminal offense for that matter we can help. If you have any further questions with regards to this offense or any other offense please contact any one of our Bergen County Offices for a free initial consultation.

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Or contact our office online to schedule a free consultation to discuss your unique charges with one of our experienced and qualified attorneys.

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Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.