Facing charges of Obstruction of Justice (often referred to as Obstruction of Law Enforcement) in Union County, New Jersey, is a serious matter. These charges can carry significant penalties and impact your future. If you or a loved one are accused of obstructing the administration of law, it’s crucial to understand what the law entails and to seek experienced legal counsel immediately. Brett M. Rosen, Esq., he ais dedicated to providing robust criminal defense for clients throughout Union County, including Elizabeth, Linden, Union, Plainfield, and surrounding communities.

What Constitutes Obstruction of Law in New Jersey?

In New Jersey, the crime of Obstruction of Justice is primarily governed by N.J.S.A. 2C:29-1, which broadly addresses various actions intended to obstruct, impair, or pervert the administration of law or governmental function. This can include:

• Physical Interference: Obstructing a public servant from performing an official function by means of intimidation, force, violence, or physical interference. This might involve physically preventing an officer from making an arrest or conducting an investigation.

• Creating a Diversion: Engaging in any scheme or act that creates a diversion, thereby impeding law enforcement from performing their duties.

• Providing False Information: Giving false information to a law enforcement officer with the intent to mislead or hinder an investigation. This is distinct from simple lying, as it requires an intent to obstruct.

• Tampering with Evidence: Concealing, destroying, altering, or removing evidence with the intent to impair its verity or availability in an official proceeding.

• Concealing a Fugitive: Harboring or concealing a person who is wanted by law enforcement.

It’s important to understand that “obstruction” can be broadly interpreted by prosecutors. What might seem like a minor action or a misunderstanding can lead to a serious charge.

Potential Penalties for Obstruction of Law in New Jersey

The severity of penalties for obstruction of justice in New Jersey depends heavily on the specific circumstances and the nature of the obstructing act. Obstruction is typically graded as follows:

• Fourth-Degree Crime: This is the most common grading for many obstruction offenses.

  • Penalties: Up to 18 months in New Jersey State Prison and/or a fine of up to $10,000.

• Third-Degree Crime: Obstruction can be elevated to a third-degree crime if the act involves more serious interference or is done under particular circumstances. For example, if the obstruction is intended to prevent the detection or apprehension of a person for a first or second-degree crime, or if it involves tampering with evidence in a specific high-level case.

  • Penalties: 3 to 5 years in New Jersey State Prison and/or a fine of up to $15,000.

In addition to these criminal penalties, a conviction for obstruction can result in:

• A permanent criminal record: This can negatively impact employment, housing, professional licenses, and educational opportunities.

• Probation: You may be subject to a period of court-ordered supervision.

• Community Service: The court may order you to perform community service.

• Increased difficulty in related legal matters: An obstruction conviction can complicate any other charges you might be facing.

Defenses Against Obstruction of Law Charges in Union County, NJ

A skilled criminal defense attorney can explore various defense strategies for an obstruction of justice charge. Brett M. Rosen, Esq., he meticulously reviews every detail of your case to build a robust defense, which may include:

• Lack of Intent: A core element of obstruction is the intent to “obstruct, impair or pervert” the administration of law. If there was no intent to obstruct, but rather a misunderstanding, confusion, or a legitimate mistake, this can be a strong defense.

• No Official Function: The alleged obstruction must have occurred while a public servant was performing an “official function.” If the officer was acting outside their official capacity, or the function was not legitimate, the charge may be challenged.

• Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If there is a lack of credible evidence, or if the evidence presented is circumstantial or contradictory, we can argue for dismissal or acquittal.

• Constitutional Violations:

  • Unlawful Stop/Arrest: If the initial police stop or your subsequent arrest was conducted without probable cause or reasonable suspicion, any evidence obtained as a result might be suppressed.

  • Miranda Rights Violation: If you were subjected to custodial interrogation without being properly advised of your Miranda rights, any statements you made might be inadmissible.

  • First Amendment Rights: In some cases, actions perceived as obstruction might be protected free speech (e.g., verbally questioning an officer’s actions without physical interference or incitement to violence).

• Mistaken Identity: If you were wrongly identified as the person who committed the obstructive act.

• Duress: If you were coerced into committing the act of obstruction under threat of harm.

Why Choose Brett M. Rosen, Esq. for Your Obstruction of Justice Defense?

Facing an obstruction charge in Union County can be daunting. You need a dedicated and experienced attorney who understands the nuances of New Jersey criminal law and the specific procedures of Union County courts. At the Law Offices of Brett M. Rosen, Esq., we are committed to:

• Thorough Case Investigation: We leave no stone unturned, examining police reports, witness statements, bodycam footage, and any other relevant evidence.

• Aggressive Advocacy: We will challenge the prosecution’s case at every turn, fighting vigorously to protect your rights and freedom.

• Strategic Negotiation: We explore all avenues, including negotiating with prosecutors for reduced charges or alternative dispositions when appropriate.

• Local Court Familiarity: Our extensive experience in Union County municipal and Superior Courts, including Elizabeth, Linden, and Union Township, means we understand the local judicial landscape.

Frequently Asked Questions (FAQs) About Obstruction of Law in Union County, NJ

1. Is “Obstruction of Justice” the same as “Resisting Arrest”? While related, they are distinct charges. Resisting arrest (N.J.S.A. 2C:29-2) specifically involves preventing or attempting to prevent an officer from effecting an arrest. Obstruction of justice (N.J.S.A. 2C:29-1) is broader, covering any act designed to hinder or impede the administration of law, not just an arrest.

2. Can I be charged with obstruction for simply arguing with a police officer? Merely arguing or disagreeing verbally with an officer is generally not enough for an obstruction charge, as it might be considered protected speech. However, if your words escalate to threats, incite others to interfere, or are coupled with physical interference, an obstruction charge could apply.

3. What if I didn’t know I was obstructing an officer? The law typically requires an “intent to obstruct.” If you genuinely did not know your actions would hinder an officer’s official function, or if your actions were accidental, a defense based on lack of intent might be available.

4. Will an obstruction conviction show up on my criminal record? Yes, a conviction for obstruction of justice, even a fourth-degree crime, will result in a criminal record. This can have long-term negative consequences for employment, licensing, and other aspects of your life.

5. Should I talk to the police if I’m accused of obstruction? No. If you are suspected or accused of obstruction, you should immediately invoke your right to remain silent and your right to an attorney. Do not answer any questions or make any statements without your lawyer present. Anything you say can and will be used against you.

Contact Brett M. Rosen, Esq. Today for a Free Consultation

If you are facing obstruction of law charges in Elizabeth, Linden, Union, or anywhere in Union County, New Jersey, the consequences can be severe. Don’t risk your future. Contact Brett M. Rosen, Esq. today for a free, confidential consultation. We will meticulously review the details of your case and outline a strategic defense to protect your rights and work towards the best possible outcome. 

Phone #: 908-312-0368

Address: 100 Jefferson Avenue, Suite 301, Elizabeth, NJ 07201

Disclaimer: Past results do not guarantee future outcomes. Every case is unique and depends on its specific facts and circumstances. This is an attorney advertisement.