Hackensack NJ Obstructing the Administration of Justice Lawyers
A conviction for the offense of obstructing the administration of justice can be devastating to one’s future. As you will see below, depending on the underlying facts, if convicted, the defendant may be burdened with a felony criminal record. Typically this offense occurs as a result of resisting arrest, eluding, hindering, tampering with evidence, and/or intimidating a witness. The governing statute in New Jersey for obstructing justice is N.J.S.A. 2C:29-1. The Law Offices of Jonathan F. Marshall 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 (15) years. Our law firm, the Law Offices of Jonathan F. Marshall, has the experience and knowledge to defend these charges since we have:
- Over two-hundred (200) years of combined experience
- A team of ten (10) criminal defense attorneys that devote their entire practice to criminal law
- Our firm has seven (7) former prosecutors
- Three (3) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
- Three (3) of our attorneys were former municipal prosecutors in over twenty-five (25) towns
- One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
- One (1) of our lawyers was recently selected to Super Lawyers Rising Stars 2020 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
- Selected to the National Trial Lawyers Top 100 and Top 40 Under 40
If you would like to come into our Hackensack, Paramus, or Fort Lee Office and have a free initial consultation with any one of the ten (10) criminal defense attorneys on staff then please contact us at 201.429.9783, we’re available 24/7.
Obstructing Administration of Justice Lawyers in Paramus: N.J.S.A. 2C:29-1
An obstruction of justice charge in NJ states, in part, that:
- The Defendant purposely obstructed, impaired or perverted 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.
- 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 you or your loved one can be convicted of obstructing the administration of justice in New Jersey:
- 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’s 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 officer who is called to the scene to investigate a disturbance. Usually, the person charged with obstructing justice is not the main subject in the officer’s investigation.
What are the Penalties for Obstructing Justice in NJ?
Obstructing the administration of justice is either a crime of the fourth (4th) 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 the defendant’s conduct does not obstruct the investigation of a crime or the prosecution of another person, than they will be charged with a disorderly persons offense.
- If convicted of a crime of the fourth (4th) degree, then the defendant will be facing 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 (DP) offense in New Jersey, then the defendant faces up to six (6) months in the Bergen County Jail and up to a $1,000.00 fine.
Depending on the defendant’s prior criminal history they may be eligible for one of New Jersey’s diversionary programs. At the Bergen County Superior Court, they have a diversionary program called Pretrial Intervention (“PTI”). PTI is a diversionary program in New Jersey where if the defendant completes the program as directed by the Court, then the 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. The other diversionary program in all municipal courts throughout Bergen County is a conditional dismissal (“CD”). This program is similar to PTI where if the defendant completes the CD, then the pending DP charges will be outright dismissed, leaving the defendant without a criminal record.
Obstructing Justice Defense Lawyers in Leonia NJ
The Law Offices of Jonathan F. Marshall has over 200 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. Our office serves all of Bergen County including towns like, Hackensack, Fort Lee, Paramus, Little Ferry, Fair Lawn, Bogota, Saddle River, Upper Saddle River and Lyndhurst. 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. We can be reached 24/7 at 201.429.9783.