Elizabeth, NJ Obstruction of Justice Charge Attorney

Facing an accusation of obstruction of justice in New Jersey can be stressful and confusing. If you or a loved one is facing an obstruction of justice charge, you or your loved can also be charged with resisting arrest, aggravated assault, speeding, and eluding charges. Retaining Brett M. Rosen for an obstruction of justice charge in New Jersey is a strategic decision due to his comprehensive legal expertise and successful track record. His aggressive defense tactics, personalized attention to each case, and high client satisfaction rates make him a standout choice. With experience in high-profile cases and a deep understanding of the nuances of criminal law, Mr. Rosen is equipped to provide a robust defense, aiming to secure the best possible outcome for his clients.

Contact our office today. For more information, this guide delves into the intricacies of this law, empowering you with knowledge about its definition, potential consequences, and your legal options.

What is Obstruction of Justice in New Jersey?

New Jersey’s obstruction of justice statute, N.J.S.A. 2C:29-1, prohibits actions that hinder, impede, or prevent the administration of law or the prosecution of a crime. The law focuses on protecting the integrity of the justice system by ensuring investigations and prosecutions can proceed fairly and efficiently.

Key Elements of Obstruction of Justice:

The prosecution must prove the following elements to convict you of obstruction of justice:

• Purposeful Act: The defendant must have acted intentionally to obstruct justice. Accidental or negligent behavior typically doesn’t qualify.
• Interference with Lawful Function: The defendant’s actions must have interfered with a public servant’s lawful performance of their official duties. This can include law enforcement officers, judges, or other government officials.
• Means of Obstruction: The law outlines various means by which obstruction can occur, including:
  
  • Flight: Fleeing from arrest or attempting to evade lawful questioning.
  • Intimidation: Threatening, harassing, or coercing a public servant or witness to hinder an investigation or prosecution.
  • Force or Violence: Using physical force against a public servant or witness.
  • Physical Interference: Obstructing a lawful arrest or investigation through physical means.
  • Unlawful Act: Committing another crime (e.g., tampering with evidence) to obstruct justice.

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements beyond a reasonable doubt: 

1. that the defendant (a) committed an act of flight, intimidation, force, violence, or physical
   interference or obstacle OR (b) committed an unlawful act [WHERE APPLICABLE: as charged in count
   of the indictment];
2. that the act was committed for the purpose of (a) obstructing, impairing, or perverting the administration of law or other
   governmental function OR (b) preventing a public servant from lawfully performing an official function; and
3. that in committing the act, the defendant did [OR attempted to] (a) obstruct, impair, or pervert the administration of law or other governmental
   function OR (b) prevent a public servant from lawfully performing an official function. 

Keep in mind, that if the prosecutor fails to prove just one element, then the jury must find the defendant not guilty of the charge. 

Examples of Obstruction of Justice:

Here are some illustrative scenarios of actions that could be considered obstruction of justice in New Jersey:

• Threatening a witness to prevent them from testifying in court.
• Hiding evidence from law enforcement officers.
• Filing false police reports to hinder an investigation.
• Impeding the arrest of another person.
• Providing false information to the police during an investigation.

Important Considerations:

• Words Alone: Generally, using words alone (without threats or intimidation) to express disagreement with law enforcement doesn’t constitute obstruction.
• Knowledge of Wrongdoing: The defendant must have known their actions were obstructing justice.

Grading of Obstruction Charges:

The severity of an obstruction of justice charge depends on the circumstances:

• Fourth Degree Crime: This is the most common level of offense, carrying potential penalties of up to 18 months in prison and fines of up to $10,000.
• Disorderly Persons Offense: This is a lesser offense with potential consequences of imprisonment for up to six months and fines. This typically applies to less serious forms of obstruction.

Defenses Against Obstruction Charges:

If facing an obstruction of justice accusation, you may have viable defenses, such as:

• Lack of Intent: You can argue that you didn’t intend to obstruct justice and were simply exercising your rights.
• Mistake of Fact: You can claim you were unaware that your actions would interfere with a lawful function.
• False Accusation: You can argue that the accusation is fabricated or based on a misunderstanding.
• First Amendment Rights: Your speech or actions were protected by the First Amendment, such as peaceful protest. 
• Mistaken Identity: The officer mistakenly identified you.
• Lack of Knowledge: You weren’t aware that law enforcement was present or that your actions were interfering with their duties.
• Self-Defense or Defense of Others: Your actions were reasonable to protect yourself or someone else from imminent harm, even from an officer.
• Duress or Coercion: You were forced to take actions obstructing 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.
• Entrapment: Law enforcement induced you to commit the crime through unorthodox tactics exceeding proper investigative methods. (This defense is complex and rarely successful).
• Statute of Limitations: There’s a time limit for filing charges. If too much time has passed since the alleged obstruction, the case might be dismissed.

Remember: The burden of proof lies with the prosecution. They must prove all the elements of the offense beyond a reasonable doubt. Your attorney can use any weaknesses in the prosecution’s case to your advantage.

New Jersey Obstruction of Justice: Diversionary Programs? Exploring Conditional Dismissal and Alternatives

Facing an obstruction of justice charge in New Jersey can be stressful. You might wonder if there are ways to avoid a criminal conviction and the associated penalties. While traditional diversionary programs like Pre-Trial Intervention (PTI) are typically unavailable for obstruction, there are still options to explore. Let’s delve into conditional dismissal and alternative approaches:

Conditional Dismissal: A Second Chance (For Minor Offenses)

New Jersey’s Conditional Dismissal program offers a lifeline for first-time offenders facing disorderly persons offenses, including exceptionally minor obstruction charges. Here’s the key:

• Severity Matters: If your alleged obstruction was truly minor – perhaps an unintentional bump into an officer during a crowded arrest – a judge might grant conditional dismissal.

The Conditional Dismissal Process:

• Eligibility: This program is highly dependent on the specific circumstances of your case and the judge’s discretion.
• Probationary Period: If granted, you’ll complete probation while adhering to specific conditions set by the court (e.g., community service, anger management classes).
• Successful Completion: Upon successful completion of probation without further incidents, the charges are dismissed, leaving no criminal record.

Remember: This is not a guaranteed option. Consulting with a New Jersey criminal defense attorney, such as Brett M. rosen, is vital to assess your eligibility and explore the possibility of conditional dismissal.

Alternative Paths to Avoid Conviction

Since PTI isn’t typically an option for obstruction, here are some alternative strategies your attorney might explore:

• Negotiating a Plea Bargain: Your lawyer can negotiate with prosecutors for reduced charges or lighter sentences in exchange for a guilty plea. This can help minimize potential penalties.
• Fighting the Charges: A strong defense strategy can aim to get the charges dismissed altogether. This might involve challenging the evidence, arguing lack of intent, or highlighting unlawful police conduct.

Facing an Obstruction of Justice Charge in New Jersey? Don’t Panic, Here’s What You Need To Do.

A New Jersey obstruction of justice charge can be scary, but staying calm and taking the right steps is crucial. This guide equips you with essential knowledge to navigate the initial situation:

Step 1: Breathe and Know Your Rights

• Stay Calm: A charge can be stressful, but panicking hinders clear thinking. Take a deep breath and focus on what you can control.
• Right to Remain Silent: This is your most important right. Don’t answer questions from law enforcement without an attorney present.
• Request a Lawyer: Politely but firmly request to speak with an attorney immediately. If you can’t afford one, the court will appoint a public defender.

Step 2: Gather Information

• Police Report: Once you have an attorney, obtain 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.

Step 3: Understanding the Charge (N.J.S.A. 2C:29-1)

• Obstruction Defined: This law prohibits actions that purposefully hinder law enforcement or government officials in their lawful duties.
• Potential Penalties: The severity depends on the circumstances. It can range from a disorderly persons offense (up to 6 months in jail, $1,000 fine) to a fourth-degree crime (up to 18 months in jail, $10,000 fine).

Step 4: Potential Defenses (Consult Your Attorney)

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

• Lack of Intent: You didn’t intend to obstruct lawful governmental functions.
• Mistaken Identity: The officer 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.

Remember: Don’t face this alone. A qualified attorney, such as Brett M. Rosen, will be your advocate throughout the legal process. By following these steps and seeking legal guidance, you can approach the situation with confidence and protect your rights. Contact our office today for a consultation.

New Jersey Obstruction of Justice: Frequently Asked Questions

A brush with the law can be confusing, especially when facing an obstruction of justice charge in New Jersey. Here are some commonly asked questions to shed some light on the situation:

What is Obstruction of Justice in New Jersey?

New Jersey law (N.J.S.A. 2C:29-1) prohibits actions that purposefully hinder law enforcement or other government officials in their lawful duties. This can include:

• Flight, intimidation, force, or violence
• Physical interference or obstacle
• Using unlawful acts to obstruct

What are the Penalties for Obstruction?

The severity of the charge depends on the circumstances. It can range from:

• Disorderly Persons Offense: Up to 6 months in jail, $1,000 fine
• Fourth-Degree Crime: Up to 18 months in jail, $10,000 fine

What if I Didn’t Mean to Obstruct Justice?

“Intent” is a crucial element of the charge. If you didn’t intend to interfere with lawful activities, you might have a defense.

Can I Get Arrested for Arguing with a Police Officer?

No, simply disagreeing with an officer isn’t obstruction. However, threats, insults, or physical resistance can be.

What are Some Potential Defenses?

These are just a few possibilities; consulting an attorney is essential to determine the best defense for your situation:

• Lack of Intent: You didn’t intend to obstruct lawful activities.
• Mistaken Identity: The officer 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 (e.g., peaceful protest).
• Wrongful Arrest: If the arrest itself was unlawful, actions resisting it might not be obstruction.

What Should I Do if I’m Charged with Obstruction?

• Remain Silent and Request an Attorney: This is your right. Don’t answer questions from law enforcement without a lawyer present.
• Contact a New Jersey Criminal Defense Attorney: An experienced lawyer, such as Brett M. Rosen, will fight for your rights and explore all possible defenses.

What happens if I am arrested for obstruction?

The process will depend on the severity of the charge (disorderly persons offense or crime). Generally, you will be booked, fingerprinted, and possibly held for a bail hearing.

Can I get released on bail?

This depends on the specific circumstances of your case. For disorderly persons offenses, bail is typically low or nonexistent. For fourth-degree crimes, there is no bail and a judge will determine to release or detain you based on factors like flight risk and danger to the community.

What should I do if I am questioned by the police about obstruction?

• Politely state that you wish to remain silent and request an attorney. You have this right under the Fifth Amendment.
• Do not answer any questions without legal counsel present.
• Be respectful but firm in asserting your right to remain silent.

What are some additional defenses besides the ones mentioned earlier?

• Duress or Coercion: You were forced to take actions obstructing 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.
• Statute of Limitations: There’s a time limit for filing charges. If too much time has passed since the alleged obstruction, the case might be dismissed.

Can I be charged with obstruction for filming the police? 

Generally, no. The First Amendment protects your right to record the police in public spaces, as long as you are not interfering with their duties.

What if I accidentally bump into an officer during a crowded arrest? 

Unintentional contact likely wouldn’t be considered obstruction. However, if the officer perceives resistance or defiance, it could lead to a charge.

Can I be charged with obstruction for protecting someone else from arrest? 

This is a complex situation. You might have a defense if the arrest itself was unlawful, but interfering with a lawful arrest could be considered obstruction.

Top-Shelf New Jersey Obstruction of Justice Charge Lawyer

When facing an obstruction of justice charge in New Jersey, it’s crucial to have a defense attorney who not only understands the law but also passionately advocates for your rights. Brett M. Rosen is a standout choice for several reasons:

1. Proven Track Record: Brett Rosen has demonstrated his legal prowess by winning challenging cases that seemed impossible at first glance. His success stories are a testament to his skill and dedication.

2. Passionate Advocacy: Rosen’s approach to law goes beyond the courtroom; he is deeply committed to the protection of human rights and seeks to ensure justice for all individuals.

3. Strategic Defense: His methodical and meticulous approach to cross-examination has proven effective in swaying juries and securing favorable outcomes for his clients.

4. Community Support: The support Rosen garners from the community, including friends, family, and students, speaks volumes about his integrity and the trust he inspires.

5. Compassionate Representation: Rosen is known for weaving legal narratives with compassion, understanding the human story behind each case, and advocating for the lives and narratives of those he represents.

6. Hands-On Experience: With extensive experience in both prosecution and defense, Rosen brings a wealth of practical knowledge to the table, ensuring a well-rounded and robust defense strategy.

7. Early Intervention: Retaining an attorney like Rosen quickly can be crucial in navigating the complexities of obstruction of justice charges, potentially leading to more favorable outcomes.

In summary, Brett M. Rosen’s combination of legal expertise, passionate advocacy, and compassionate representation makes him an excellent choice for anyone facing obstruction of justice charges in New Jersey. His ability to connect with clients and tell their stories effectively makes him stand out as a defense attorney who can truly make a difference in the outcome of your case. Contact our office today to discuss your case.