Obstruction the Administration of Law
Freehold NJ Obstruction Lawyer
As one can imagine, law enforcement does not take kindly to receiving false or misleading information when they are investigating a crime. Therefore, it should be no surprise to hear that the Monmouth County Prosecutor’s office takes obstructing the administration of justice charges very seriously. Obstructing the administration of justice is a rather complex offense and if convicted, it can be an unforgiving offense as well. Obstruction can be either a disorderly persons offense or a fourth degree felony offense. For more information on what differentiates the different degrees please see below. One other thing to keep in mind is that pursuant to the new bail reforms, a Defendant may be held in the Monmouth County Jail for up to 48 hours pending a Detention Hearing if the State wishes. On top of that, if the State is successful at a Detention Hearing, a Defendant may be forced to be held in the Monmouth County Jail without bail, pending trial. So, as you can tell, being charged with a criminal offense like obstruction is not something that should be taken lightly.
If you have been issued a complaint for obstructing the administration of justice in Monmouth County, it is crucial that you speak to an experienced criminal defense attorney as soon as possible about your options. The Law Offices of Proetta & Oliver defends clients accused of obstruction, resisting arrest, eluding, DWI, aggravated assault, disorderly conduct, terroristic threats and criminal mischief in towns throughout Monmouth County. Our attorneys have dedicated our entire careers to defending those charged with criminal offenses in courts throughout the State. Our attorneys routinely in appear in courts like the Monmouth County Superior Court, the Middletown Municipal Court, the Holmdel Municipal Court, the Belmar Municipal Court, the Tinton Falls Municipal Court, the Red Bank Municipal Court and the Freehold Municipal Court. If you would like to speak to one of our Monmouth County criminal attorneys, then please contact us at 732.858.6959. For more information on the offense of obstructing the administration of justice please see below.
Obstruction Defense Attorneys in Belmar
Obstructing the administration of justice is a rather complex statute and it covers a wide array of potential conduct. Normally that is not a good thing for defense attorneys, however, with the offense of obstruction it is. Do to the fact that it is such a vague statute, it allows an experienced criminal defense attorney a lot of room to attack. The governing statute in New Jersey for obstruction is N.J.S.A. 2C:29-1, which states in pertinent part that:
“A person commits an offense if he purposely obstructs, impairs, or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act”.
So, in order to be convicted of this offense the State must prove the following elements:
- That the Defendant committed an act of intimidation, force, violence or physical interference or any other unlawful act; &
- The unlawful act was committed with the underlying purpose to obstruct, impair, or pervert the administration of law or other governmental function; or
- That in committing the unlawful act the Defendant obstructed, impaired, or perverted the administration of law or other governmental function.
Defending Obstruction Charges in New Jersey
The key to defending obstruction charges is to try and attack the underlying intent of the Defendant. If you have been charged with obstruction in Monmouth County and would like to speak to one of our attorneys about your options then please contact us at (732)858-6959.
What is the Sentence for Obstruction Charges?
Obstructing the administration of justice is either a disorderly persons offense or a fourth degree felony. In order to be charged with the fourth degree felony version, the Defendant would have to be accused of obstructing the detection or investigation of a crime or the prosecution of a crime. Meaning, that if the Defendant is accused of obstructing a “crime” aka another felony offense, not a disorderly persons offense, then they will be charged with the fourth degree felony version. If a Defendant is convicted of a fourth degree felony obstruction charge they will be facing up to eighteen months in a State Prison, a fine up to $10,000 and a felony criminal record. Conversely, if a Defendant is convicted of a disorderly persons obstruction charge then they will be facing up to six (6) months in the Monmouth County Jail, a fine up to $1,000 and a criminal record.
Can I avoid Jail?
However, depending on a Defendant’s prior criminal history they may be eligible for one of New Jersey’s diversionary programs. They are as follows, the Conditional Dismissal Program, the Pretrial Intervention Program and Drug Court. Each of these programs serve a different purposes but all could provide a tremendous benefit. For more information on these programs give us a call at (732)858-6959.
Asbury Park Obstruction of Law Lawyer
As you can see from above, being charged with obstructing the administration of justice is a serious matter and one that should not be taken lightly. If you or a loved one has been charged with terroristic threats, disorderly conduct, obstruction, possession of heroin, possession of cocaine, possession of marijuana, eluding or DUI the Law Offices of Proetta & Oliver can help. We serve all of Monmouth County, including towns like Asbury Park, Eatontown, Long Branch, Manasquan, Wall, Middletown, Keyport and Sea Bright. To schedule a free consultation today please contact us directly at (732)858-6959 or you can email us. Do not let a simple lapse in judgement or a misunderstanding jeopardize your future.