Hindering Apprehension, N.J.S.A. 2c:29-3

Hindering Apprehension, N.J.S.A. 2c:29-3, 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 ticket, juvenile, attorney, lawyerTrenton cops charged a man who ran after they confronted him, and found 118 decks of alleged heroin on him. The cops claim they saw a drug transaction with this man as the seller. When they confronted him, however, they say he ran. Nevertheless, the cops caught him and found the alleged CDS and currency. Consequently, they charged him with hindering apprehension, heroin possession, heroin possession with intent to distribute, disorderly conduct, resisting arrest and obstruction.

On an unrelated note, I had a unique experience while returning today from the Cumberland County Courthouse to my office. Traveling on Route 77, Read more


Resisting Arrest and the Rise of #Resist

#Resist


Have you noticed #resist on social media? Unless you live under a rock, the answer should be an emphatic yes! Its rise in popularity appears to be a result of the election of Donald Trump. For example, after his first Muslim ban, #Resist and #TheResistance appeared in over 2.5 million tweets Read more


Fictitious Police Report, N.J.S.A. 2c:28-4

Fictitious Police Report, N.J.S.A. 2c:28-4, New Jersey, Criminal Defense, Trial Lawyer, Trial Attorney, Criminal AttorneyBurlington Township cops claim two men called 911 to divert police from their traffic stop. It all began when an officer stopped the car because of a flat tire, per the news. While the officer was investigating the car’s invalid registration, 911 allegedly received a call about a robbery in another location. But when other officers responded to the robbery, the police found neither victim nor sign of a crime. Therefore, the cops suspected the call may have been bogus, per the news. Further investigation indicated Read more


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


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

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, lawyerOn October 10, 2013, Jackson police charged a New Jersey motorist for Impersonating a Police Officer, per the news. The charge stemmed from a car stop five days earlier.

The motorist allegedly identified himself as with the NJ Attorney General’s Office, per the Ocean Signal. Additionally, the motorist said he was allegedly working undercover on drug investigations with the Division of Criminal Justice.

But a police investigation discovered evidence to contradict this. Consequently, the cops charged him with Impersonating a Police Officer.

Impersonating a Police Officer, N.J.S.A. 2C:28-8(b)

Under New Jersey law, a person commits a Read more