Obstruction of Justice Charges Attorney Union County, NJ

Obstruction of Justice Attorney Union County, NJ

Have you been charged with obstruction of justice in Union County, New Jersey? This is a serious offense with potentially severe consequences, including jail time, fines, and a lasting criminal record. Whether you’re accused of hindering an investigation, tampering with evidence, or making false statements to law enforcement, you need a skilled and experienced attorney to protect your rights and fight for your future.

Brett M. Rosen, Esq. is a leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against obstruction of justice charges in Union County. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. We understand the complexities of these cases, the nuances of the legal system, and the aggressive tactics employed by prosecutors. Our team is dedicated to providing you with unwavering support, expert legal guidance, and a vigorous defense.

Understanding Obstruction of Justice in New Jersey: N.J.S.A. 2C:29-1

Obstruction of justice is a broad term that encompasses a variety of actions intended to impede, hinder, or interfere with the administration of justice. Under New Jersey law (N.J.S.A. 2C:29-1), obstruction of justice include:

• Obstructing Administration of Law or Other Governmental Function. a. 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. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

Penalties for Obstruction of Justice in Union County

The penalties for obstruction of justice in New Jersey can be severe, depending on the specific conduct and the degree of the offense:

• Disorderly Persons Offense: Some forms of obstruction, such as hindering apprehension, are typically charged as disorderly persons offenses, punishable by up to six months in jail and a fine of up to $1,000.
• Fourth-Degree Crime: Other forms of obstruction, such as if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, can be charged as fourth-degree crimes, carrying a potential sentence of up to 18 months in prison and a fine of up to $10,000.

How Brett M. Rosen, Esq., Can Defend You Against Obstruction of Justice Charges

Facing obstruction of justice charges can be daunting, but with Brett M. Rosen, Esq., you have a dedicated team of attorneys who will fight for your rights and explore every avenue for a favorable outcome. We will:

1. Thoroughly Investigate the Allegations: We will meticulously review all evidence related to your case, including police reports, witness statements, recordings, and any other relevant information. We will leave no stone unturned in our effort to build the strongest possible defense.

2. Challenge the Prosecution’s Case: We will scrutinize the evidence against you and identify any weaknesses or inconsistencies. We may challenge the legality of law enforcement’s actions, question the credibility of witnesses, or dispute the interpretation of the law.

3. Explore All Potential Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.

4. Negotiate with Prosecutors: We have a proven track record of negotiating with prosecutors to seek reduced charges, dismissal of the case, or alternative sentencing options like probation or community service.

5. Provide Aggressive Courtroom Representation: If your case goes to trial, we will provide experienced and zealous representation in court. We will fight for your rights, cross-examine witnesses, and present a compelling case in your defense.

Potential Defenses Against Obstruction of Justice Charges

The specific defense strategy for your case will depend on the unique facts and circumstances. However, some common defenses we may explore include:

• Lack of Intent: We can argue that you did not intend to obstruct justice or that your actions were not willful or purposeful.
• Lack of Knowledge: If you were unaware that your actions could be considered obstruction of justice, this may be a defense.
• Duress or Coercion: If you were forced or coerced into committing the alleged act of obstruction, this may be a valid defense.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of obstruction of justice beyond a reasonable doubt, we can argue for dismissal of the charges.
• False Accusation: We can investigate the circumstances and motives behind the accusations, raising questions about the accuser’s credibility or potential ulterior motives.
• Constitutional Violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or Miranda rights violations, any evidence obtained may be inadmissible in court.

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

1. What should I do if I am accused of obstruction of justice in Union County, NJ? The first and most important step is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
2. What are the penalties for obstruction of justice in New Jersey? The penalties vary depending on the degree of the offense and can range from fines and probation to several years in prison.
3. Can an obstruction of justice charge be expunged from my record? In some cases, it may be possible to expunge an obstruction of justice conviction after a waiting period, depending on the specific charge and your criminal history. An attorney can help you determine your eligibility.
4. What is the difference between hindering apprehension and tampering with evidence? Hindering apprehension involves actions like harboring a fugitive or providing false information to law enforcement to prevent the arrest or prosecution of another person. Tampering with evidence involves altering, destroying, or concealing evidence to mislead investigators or the court.
5. Can I be charged with obstruction of justice even if I didn’t know I was interfering with an investigation? In some cases, you can be charged with obstruction of justice even if you were not aware that your actions were interfering with an investigation. However, proving that you lacked knowledge or intent can be a strong defense.
6.  Can I be charged with obstruction of justice even if the underlying crime was minor? Yes, the severity of the underlying crime does not necessarily determine whether you can be charged with obstruction of justice. Even if the original offense was minor, your actions to obstruct the investigation or prosecution can be considered a separate and serious crime.
7.  What are the potential consequences of an obstruction of justice conviction on my professional license? A conviction can have serious consequences for your professional license, especially if your profession involves law enforcement, legal practice, or any other field that requires integrity and trustworthiness. You may face disciplinary action or even lose your license.
8. Can I be charged with obstruction of justice for failing to report a crime? Generally, there is no legal duty to report a crime in New Jersey. However, there are exceptions, such as in cases of child abuse or neglect. In some situations, failing to report a crime could be considered hindering apprehension or prosecution, which falls under obstruction of justice.
9. What is the difference between obstruction of justice and hindering apprehension or prosecution? Obstruction of justice is a broader term that encompasses various actions that interfere with the administration of justice. Hindering apprehension or prosecution is a specific type of obstruction that involves actions taken to prevent the arrest or prosecution of another person.
10.  Can I be charged with obstruction of justice if I didn’t actually succeed in obstructing the investigation? Yes, even if you were unsuccessful in your attempts to obstruct justice, you can still be charged with the offense. The law punishes both the successful completion of the act and the attempt to do so.
11. What if I was just trying to help a friend or family member? While your intentions may have been good, helping someone avoid arrest or prosecution can be considered obstruction of justice. It’s important to consult with an attorney before taking any action that could be construed as hindering law enforcement.
12. Can I be charged with obstruction of justice for refusing to cooperate with the police? In most cases, you have the right to remain silent and refuse to answer questions from the police. However, there are some situations where refusing to cooperate could be considered obstruction, especially if you are ordered to do so by a court or if you are a witness to a crime.
13.  Can I be charged with obstruction of justice for deleting text messages or social media posts? Yes, destroying or altering evidence, including electronic communications, can be considered tampering with evidence, which is a form of obstruction of justice.
14. What is the difference between obstruction of justice and contempt of court? Obstruction of justice is a broader term that encompasses various actions that interfere with the administration of justice. Contempt of court is a specific offense that involves disobeying a court order or disrupting court proceedings.
15. How can an attorney help me if I am facing obstruction of justice charges? An experienced attorney can help you understand the charges against you, investigate the evidence, explore potential defenses, and negotiate with prosecutors for a favorable outcome. If your case goes to trial, an attorney can provide you with skilled representation in court to protect your rights and advocate for your best interests.

Don’t Let an Obstruction of Justice Charge in Union County, New Jersey Derail Your Life – Contact Brett M. Rosen, Esq. Today!

If you are facing obstruction of justice charges in Union County, New Jersey, it’s crucial to seek experienced legal counsel. Brett M. Rosen, Esq. is committed to providing you with the compassionate support, experienced guidance, and aggressive advocacy you need during this difficult time.

We will fight tirelessly to protect your rights, reputation, and future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free and confidential consultation.