Elizabeth, NJ Hindering Apprehension Attorney

Facing a hindering apprehension or prosecution charge in New Jersey can be confusing and concerning. This charge is also commonly associated with obstruction of justice.  When facing a hindering apprehension charge in New Jersey, securing a knowledgeable and experienced attorney is paramount. Brett M. Rosen stands out as an exceptional choice due to his comprehensive understanding of New Jersey’s criminal justice system and his proven track record in handling such cases. His strategic defense tactics, coupled with a deep commitment to his clients, make him an invaluable ally in navigating the complexities of your case. With Brett M. Rosen as your advocate, you can expect a robust defense that prioritizes your rights and aims for the best possible outcome.

Contact us today for a consultation regarding you or your loved one’s 2C:29-3 case. Also, feel free to continue to read below as this guide equips you with essential information about the law (N.J.S.A. 2C:29-3), potential penalties, and what to do next.

What is Hindering Apprehension or Prosecution in New Jersey?

This law prohibits actions that purposefully hinder law enforcement’s ability to:

• Detain or apprehend a suspect
• Investigate a crime
• Prosecute a suspect
• Convict a suspect
• Punish a convicted criminal

The key element is “purposeful” conduct. Simply disagreeing with an officer or failing to comply with an unlawful request wouldn’t qualify.

What Activities Constitute Hindering?

The law outlines seven specific ways someone can be charged with hindering:

1. Harboring or Concealing: Hiding a suspect from law enforcement.
2. Aiding the Escape: Providing a suspect with a weapon, money, transportation, disguise, or other means to avoid capture or escape.
3. Tampering with Evidence: Destroying, concealing, or altering evidence related to a crime.
4. Warning the Suspect: Alerting a suspect about potential apprehension.
5. Threats or Intimidation: Using threats, force, or intimidation to prevent someone from providing information to law enforcement.
6. Protecting Criminal Profits: Engaging in conduct to safeguard any financial gain or benefit derived from a crime.
7. Giving False Information: Providing false information to law enforcement to impede an investigation or arrest.

Elements of NJ Hindering Apprehension 

It is the State’s burden to prove beyond a reasonable doubt every element to the New Jersey charge of hindering apprehension. According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements beyond a reasonable doubt: 

1. that the defendant knew that (Name) could/might be charged with (offense);
2. that the defendant (read appropriate subsection of N.J.S.A. 2C:29-3a(1) to
   (7)); and
3. that the defendant acted with purpose to hinder the detention, apprehension,
   investigation, prosecution, conviction, or punishment of (Name).

Potential Penalties for Hindering Apprehension or Prosecution

The severity of the charge depends on the underlying crime the person was trying to hinder and the specific actions taken. Here’s a breakdown:

• Second Degree: This is the most serious level, applying to hindering the prosecution of certain offenses (e.g., hindering the prosecution of a spouse’s murder). It carries a potential sentence of up to 10 years in prison and a $150,000 fine.
• Fourth Degree: This applies to most hindering cases, with a potential sentence of up to 18 months in prison and a $10,000 fine.
• Disorderly Persons Offense: For less serious cases, it can lead to up to 6 months in jail and a $1,000 fine.

New Jersey Hindering Apprehension or Prosecution Charge: What You Should Do Now 

Facing a hindering apprehension or prosecution charge in New Jersey can be overwhelming. 

Facing a Hindering Charge? Don’t Panic. Here’s What To Do:

1. Stay Calm and Know Your Rights:

• Remain Silent: You have the right to remain silent under the Fifth Amendment. Don’t answer questions from law enforcement without a lawyer present.
• Request an Attorney: Politely but firmly request to speak with a New Jersey criminal defense attorney as soon as possible.

2. Gather Information (For Your Attorney):

• Police Report: Once you have an attorney, request a copy of the police report. This details the officer’s perspective and helps your lawyer build a defense.
• Witnesses: Identify any witnesses to the incident. Their testimony can be vital for your defense strategy.

Understanding the Charge (N.J.S.A. 2C:29-3):

• What is Hindering? This law prohibits actions that purposefully hinder law enforcement’s ability to investigate, apprehend, or prosecute a suspect.
• Potential Penalties: The severity depends on the underlying crime and your actions. It can range from a disorderly persons offense (up to 6 months in jail) to a second-degree crime (up to 10 years in prison).

Potential Defenses 

These are some possibilities; your attorney will determine which applies to your case:

• Lack of Intent: You didn’t intend to obstruct lawful activities.
• Mistaken Identity: The police mistakenly identified you.
• Unlawful Order: The officer’s order itself was unlawful, and you had the right to resist (within legal boundaries).
• First Amendment Rights: Your speech or actions were protected by the First Amendment, such as peaceful protest.
• Duress or Coercion: You were forced to take actions hindering justice due to threats or violence.
• Minor Role: You played a minimal role in the overall obstruction, and your actions didn’t significantly hinder the investigation or arrest.

New Jersey Hindering Apprehension or Prosecution (N.J.S.A. 2C:29-3): Frequently Asked Questions

Facing a hindering apprehension or prosecution charge in New Jersey can be confusing. This FAQ aims to answer some of the most commonly asked questions and provide valuable information:

What Does “Hindering Apprehension or Prosecution” Mean in New Jersey?

This law (N.J.S.A. 2C:29-3) prohibits actions that purposefully hinder law enforcement’s ability to:

• Detain or arrest a suspect
• Investigate a crime
• Prosecute a suspect
• Convict a suspect
• Punish a convicted criminal

The key element is “purposeful” conduct. Simply disagreeing with an officer wouldn’t qualify.

What Activities Constitute Hindering?

There are seven specific ways you can be charged with hindering:

1. Harboring or Concealing: Hiding a suspect from law enforcement.
2. Aiding the Escape: Providing means like a weapon, money, or transportation to help a suspect avoid capture.
3. Tampering with Evidence: Destroying, concealing, or altering evidence related to a crime.
4. Warning the Suspect: Alerting a suspect about potential apprehension.
5. Threats or Intimidation: Using threats, force, or intimidation to prevent someone from giving information to law enforcement.
6. Protecting Criminal Profits: Helping someone safeguard financial gain derived from a crime.
7. Giving False Information: Providing false information to law enforcement to impede an investigation or arrest.

What are the Potential Penalties for Hindering?

The severity depends on the underlying crime and your actions:

• Second Degree: Up to 10 years in prison and a $150,000 fine (e.g., hindering prosecution of a spouse’s murder).
• Fourth Degree: Up to 18 months in prison and a $10,000 fine (most hindering cases).
• Disorderly Persons Offense: Up to 6 months in jail and a $1,000 fine (less serious cases).

What Should I Do if Charged with Hindering?

1. Remain Silent and Request an Attorney: This is your right under the Fifth Amendment.
2. Contact a New Jersey Criminal Defense Attorney: An experienced lawyer can assess your case and fight for your rights.
3. Gather Information (For Your Attorney): Police report, witness information (if available).

What are Some Potential Defenses?

(Consult an attorney to determine which applies to your case):

• Lack of Intent: You didn’t intend to obstruct lawful activities.
• Mistaken Identity: The police mistakenly identified you.
• Unlawful Order: The officer’s order itself was unlawful, and you had the right to resist (within legal boundaries).
• First Amendment Rights: Your speech or actions were protected (e.g., peaceful protest).
• Duress or Coercion: You were forced to take actions hindering justice due to threats or violence.
• Minor Role: You played a minimal role in the overall obstruction.

New Jersey Hindering Apprehension or Prosecution (N.J.S.A. 2C:29-3): More Frequently Asked Questions

Here are some additional questions you might have regarding hindering apprehension or prosecution charges in New Jersey:

Unique Scenarios:

• Can I be charged with hindering for lying to the police about someone’s whereabouts, even if they aren’t a suspect?

This depends on the context. If you lied to protect someone from a legitimate investigation, you could be charged with hindering. However, if the police were asking about someone unrelated to any criminal activity, lying wouldn’t necessarily constitute hindering.

• What if I delete text messages or social media posts related to an investigation?

Deleting evidence related to a crime (even your own) could be considered tampering with evidence and fall under hindering apprehension.

• Can I be charged with hindering for helping a friend avoid a traffic stop?

Potentially. If you intentionally pulled over in front of your friend to block the police or physically prevented the officer from making contact, it could be hindering.

Specific Defenses:

• How can I prove “lack of knowledge” if I was accused of harboring a suspect?

Witness testimony or alibis can support your claim that you didn’t know the person was wanted by law enforcement.

• What evidence would be helpful for a “duress or coercion” defense?

Documentation of threats, witness testimony about the situation, or a restraining order against the person who forced you to hinder could be evidence.

Court Process:

• What happens if I plead not guilty to a hindering charge?

The case will go to trial. Your attorney will present your defense and challenge the prosecution’s evidence.

• What are the sentencing guidelines for hindering charges?

There are no strict guidelines. The judge considers various factors like the severity of the underlying crime, your actions, and your criminal history before determining the sentence.

• Can I get a criminal record for a hindering charge?

Yes. Even a disorderly persons offense for hindering will appear on your criminal record.

Premier New Jersey Hindering Apprehension Charge Lawyer

When you’re facing a hindering apprehension charge in New Jersey, the stakes are high and the complexities of the law can be daunting. That’s where Brett M. Rosen, a seasoned New Jersey criminal defense attorney, comes into play. Here’s why retaining his services could be a pivotal decision for your case:

1. Expertise in New Jersey Law: Brett M. Rosen specializes in the nuances of New Jersey’s criminal justice system, particularly in cases of hindering apprehension. His deep understanding of the statutes, such as N.J.S.A. 2C:29-3a, ensures that you have an advocate who is well-versed in the specific laws that apply to your situation.

2. Strategic Defense: With a charge as serious as hindering apprehension, you need a defense that’s both intelligent and adaptable. Rosen’s strategic approach to building a defense is tailored to the unique circumstances of each case, aiming to dismantle the prosecution’s arguments with precision.

3. Proven Track Record: A history of successful case outcomes is a testament to Rosen’s capability to handle high-pressure situations effectively. His track record speaks for itself, offering reassurance that your case is in capable hands.

4. Comprehensive Representation: From the initial consultation to the final verdict, Brett M. Rosen provides comprehensive legal representation. He’s known for his thorough preparation, ensuring that every angle of your case is explored and leveraged in your favor.

5. Personalized Attention: Unlike larger firms where clients may feel like just another case number, Rosen provides personalized attention to each client. He understands the impact of a hindering apprehension charge on your life and works diligently to protect your rights and future.

6. Negotiation Skills: In many cases, the outcome hinges not just on what happens in the courtroom but also on the negotiations outside of it. Rosen’s adept negotiation skills can be crucial in reaching a favorable plea deal or even getting charges reduced or dismissed.

7. Reputation and Integrity: A lawyer’s reputation can influence proceedings, and Brett M. Rosen is respected in the legal community for his integrity and ethical practice. This respect can prove beneficial in the handling of your case.

In conclusion, Brett M. Rosen’s combination of legal expertise, strategic defense, and personalized attention makes him an ideal choice for anyone facing a hindering apprehension charge in New Jersey. His dedication to his clients and his reputation for excellence in the field of criminal defense are what set him apart as a lawyer worth retaining. Contact our office today for a consultation.