Bribery in official matters, N.J.S.A. 2C:27-2

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, traffic ticket, juvenile, attorney, lawyerOn June 26, 2018, a Grand Jury indicted a Corrections Officer (C.O.) with second, third, and fourth degree crimes. Accordingly, counts for second degree crimes allege conspiracy, official misconduct, bribery in official matters, and acceptance or receipt of unlawful benefit by a public servant for official behavior. Additionally, one count alleges third-degree possession of oxycodone with intent to distribute. Furthermore, the grand jury charged the C.O. with one count of fourth-degree distribution of marijuana, per the website of the New Jersey Attorney General.

Indeed, the State has alleged the C.O. conspired to smuggle marijuana, tobacco, and oxycodone to inmates in exchange for money. 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