Tampering with public records, N.J.S.A. 2c:28-7

tampering with public records, N.J.S.A. 2c:28-7 New Jersey State Police Sergeant who allegedly lied about the calibration of alcohol breath-testing (Alcotest) devices remained silent during his arraignment this week, per the news. Otherwise, Sergeant Marc Dennis entered a not guilty plea to official misconduct, tampering with public records, and falsifying records.

Here is a little bit of background. Under New Jersey law, the State has two legs to stand on in proving Driving While Intoxicated. Read more


Who is a “Public Servant?” N.J.S.A. 2c:30-2

Who is a Public Servant?

This week I blogged about Official Misconduct. Applying to any public servant, this includes

official misconduct, public servant, N.J.S.A. 2c:30-2, N.J.S.A. 2c:27-1any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function, but the term does not include witnesses.”

N.J.S.A. 2c:27-1(g) (adopted from MPC § 240.0(7)).

Despite its broad sweep, the New Jersey Supreme Court recently applied it narrowly. The defendant in State v. Morrison, a volunteer EMT, worked for a private rescue squad. The squad got municipal funding for back-up emergency medical services. The Court ruled an EMT falls outside the meaning of public servant.

The court’s holding did not turn on the fact that the squad provided only back-up medical services. Instead, the court excluded any EMT squad from the term “public servant” because the service is public and private. This post will summarize the Court’s analysis. Read more


Official Misconduct, N.J.S.A. 2c:30-2

official misconduct, N.J.S.A. 2c:30-2A New Jersey State Prison corrections officer allegedly took bribes to smuggle contraband, per the news. Initially, some heroin overdoses took place at the Trenton jail, according to the press. Subsequently, the Department of Corrections (D.O.C.) investigated. The defendant allegedly smuggled heroin, suboxone, marijuana, tobacco, and a cell phone, per nj dot com. Consequently, the State charged the defendant with Official Misconduct, under N.J.S.A. 2c:30-2. (In addition, the State charged money laundering, conspiracy to distribute drugs, bribery, and conspiracy to use certain electronic communication devices in correctional facilities, according to the press.)

In other news, the NJ Attorney General indicted Read more


Eluding under N.J.S.A. 2c:29-2(b)

eluding njsa 2c:29-2(b)Two teens allegedly fled police in a stolen vehicle and disappeared on a private school campus in Hightstown, New Jersey. One suspect according to the media allegedly drove the vehicle recklessly and fled from police in the automobile. Next, after crashing at the school, the pair ran onto campus and disappeared after hopping a fence, according to the press. Eventually officers arrested them hiding on the roof, according to nj dot com. Consequently, police charged the older suspect with Eluding, according to media reports, among other allegations. Read more


Impersonating a Police Officer, N.J.S.A. 2c:28-8

Impersonating a Police Officer, N.J.S.A. 2c:28-8(b), New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic court, municipal court, juvenile defense, attorney, lawyerHow does 18 months in a New Jersey State Prison sound? If you had $10,000 to spare, would you give to the government? Certainly you can think of better ways to spend your time. And obviously you do not want to donate more of your hard earned money to the government than the taxes it already takes from you. Those are only two of many penalties you could face if you were charged with impersonating a police officer. Authorities in Jackson, NJ charged a motorist with this offense, per the news. The charge stemmed from a car stop five days earlier. Read More