Obstruction of Justice - N.J.S.A. 2C:29-1

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police arresting person up against a truck

Interfering with police is a serious matter. Obstructing justice can occur when a person is hoping to protect a friend or family member who he/she feels is innocent. It can also occur when a person is scared and worried about being charged with a crime, even if he/she did nothing wrong.

One of the most common ways a person can be charged with obstruction is simply by running away from police!

Regardless of why it happened, obstruction of justice is a crime that could land a person behind bars, result in a criminal record, and forever mark someone as a vagrant in the eyes of law enforcement officials. Consequently, it is crucial to understand what obstruction of justice truly is and the penalties associated with it.

What is Obstruction of Justice

New Jersey labels “Obstruction of Justice” as “Obstructing the Administration of Law,” but both terms mean the same thing. It is also sometimes called obstructing a criminal investigation. Regardless of the term, obstruction is a very broad crime that involves almost any interference with a police officer’s attempt to carry out his/her job.

More specifically, under N.J.S.A. 2C:29-1, obstructing the administration of law involves purposefully obstructing, impairing, or perverting the administration of law (or another governmental function) or attempting to prevent (or actually preventing) a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, physical interference, or through any independently unlawful act.

The key here is the method of interference that the law prohibits. As noted above, flight, intimidation, force, violence, physical interference, and independently unlawful acts are the types of obstruction that the law penalizes. This means any act of interference that is not a crime of its own (an “independently unlawful act”) or one of the other methods of interference cannot be considered obstructing the administration of law.

For example, New Jersey courts have determined that mere words are not enough to constitute an interference that could give rise to a charge for Obstructing the Administration of Law. Likewise, in order to get convicted, a person must have taken an affirmative step to actually prevent the officer from doing something.

Examples of things that can be considered obstruction are:

Lying to police
Threatening an officer, witness or juror
Refusing to allow police to enter a building when they have a warrant
Locking away or hiding evidence
Providing false evidence

Obstruction charges are often coupled with other charges, such as fleeing police, resisting arrest, tampering with evidence, perjury, and criminal coercion. Often these are the very same actions that were also responsible for the obstruction charge.

Lastly, a person’s interference must have prevented the officer from doing something he/she had the proper legal authority to do. As such, preventing an officer from doing something unlawful will not usually amount to Obstructing the Administration of Law.

Penalties and Fines

Obstructing the Administration of Law (i.e. Obstruction of Justice) is usually charged as a disorderly persons offense. However, if a person obstructs the detection or investigation of a crime or the prosecution of a person for a crime, he/she can be charged with a fourth-degree crime.

If the crime is charged as a disorderly persons offense, the penalties can include up to 6 months in jail and a fine of up to $1,000. If the crime is elevated to a fourth-degree crime, the penalty can be up to 18 months in prison and a fine of up to $10,000.

In addition, a conviction results in a criminal record. This will make getting a job (or keeping one) difficult. Therefore, be sure to contact an experienced NJ criminal defense attorney who can help avoid the conviction in the first place.

How To Beat An Obstruction of Justice Charge

A person charged with Obstructing Justice is facing very serious accusations. It is critical that a person have a skilled criminal defense attorney evaluate his/her case. An attorney can consider the facts and develop a defense strategy with the best chance of avoiding a conviction and keeping the accused out of jail.

An attorney will know what truly constitutes obstruction under the law and what does not. For example, refusing the answer an officer’s questions is not obstruction, regardless of whether or not one is a suspect—you have the right to remain silent!

Case Law Analysis

State v. Perlstein, 502 A.2d 81

In State v. Perlstein, 502 A.2d 81, Brenda Perlstein, the defendant, was convicted of, among other things, obstruction of the administration of justice. The charge arose out of an incident in which she was pulled over for having a decal on her windshield. She was told to stay where she was and provide her license. She refused and said she would proceed to police headquarters. The officer removed her keys and placed her under arrest for obstruction. She was convicted at her trial and de novo appeal in the Law Division. She appealed to the Appellate Division of the Superior Court of New Jersey. The Appellate Division affirmed her conviction and found that she was guilty of obstruction when she attempted to leave the site of her detention contrary to the express instructions of the officer.

State v. Crawley, 901 A.2d 924

The Supreme Court of New Jersey had occasion to consider whether a police officer was “lawfully performing an official function” if he pulled someone over and it was later determined by a court that he lacked reasonable suspicion to do so. In State v. Crawley, 901 A.2d 924, the court held that, yes, the officer was lawfully performing an official function, even if it was later determined that he lacked reasonable suspicion for a traffic stop. It affirmed the conviction for obstruction of justice that arose out of the defendant attempting to leave the site of an unlawful detention.

State v. Williams, 926 A.2d 340

Somewhat similar to the facts in Crawley, in State v. Williams, 926 A.2d 340 the defendant was subjected to an unconstitutional detention. However, unlike in Crawley, during that detention, he shoved the officer aside and ran away. After he ran away he was caught by the officer, who found a handgun. At trial, the defendant moved to suppress the evidence of the gun on the basis that it was the fruit of an unconstitutional search. His motion was denied and he was convicted at trial. The Appellate Division of the Superior Court of New Jersey reversed the conviction and remanded the matter for trial. The State successfully appealed to the Supreme Court of New Jersey. That court found that the defendant was required to submit to an unconstitutional detention and that his obstruction (running away) constituted a break in the chain of unconstitutional conduct by the state sufficient to allow admission of the gun into evidence.

State v. Powers, No. A–3764–14T2

In State v. Powers, No. A-3764-14T2, the defendant was convicted of obstruction of justice at trial and again on de novo appeal to the Law Division. He had been accused of interfering with the duties of a police officer for refusing to take his hands out of his pockets or enter his vehicle. The Appellate Division of the Superior Court of New Jersey reversed the convictions and remanded the matter to the trial court for reconsideration of whether the conduct constituted physical interference. The Appellate Division found that the defendant’s conduct did not rise to the level of an “independent unlawful act.”

Consequences for a First Offense

Technically, obstruction of justice is one of many offenses that carry a presumption of non-incarceration. This means in most circumstances a person can expect a sentence that does not include jail time for a first offense.

However, judges and police see obstruction as a serious matter that makes it difficult to do their jobs properly. As such, it would be unwise to presume that a person can plead guilty to obstruction and avoid going to jail.

Further, a guilty plea also ensures that a person will have a permanent criminal record and the stigma that comes with it. Before accepting a conviction for obstructing justice, contact an experienced criminal defense attorney who can evaluate the case and develop an effective strategy that will minimize the consequences.

Consequences for Juveniles

Children under the age of 18, especially those who may be distrusting of police for any reason, need to be mindful of their rights. However, they also need to be aware of what actions they can take that can be considered Obstructing the Administration of Law.

Remember, to be convicted of obstruction, one must have interfered in a manner that was violent, threatening, physical, or otherwise unlawful. If a child has done something that crosses this line, he/she can be facing serious consequences that will harm them well into adulthood.

Any parent or guardian whose child has been charged with Obstruction of Justice must get immediate help from a skilled criminal defense attorney.

Expunge Obstruction of Justice Charge

A person who has already been convicted of Obstruction of Justice may be eligible to have the criminal record cleared. Filing for an expungement (as New Jersey calls it) is not a simple process and not all who apply get their criminal records cleared. The most important first step in determining if one is eligible for expungement is to learn more about the process. The second is to contact an attorney with experience filing expungement petitions in New Jersey.

Frequently Asked Questions

Can you go to jail for obstruction of justice?

Yes. A person can be sent to jail for up to 6 months, or to prison for up to 18 months depending on the severity of the charge.

Is obstruction of justice a felony in NJ?

Obstructing the Administration of Law (a.k.a. Obstruction of Justice) in New Jersey can be charged as either a disorderly persons offense or an indictable offense (which is equivalent to a felony in other states).

What is considered Obstruction of Justice?

A person can be charged with Obstruction of Justice if he/she interferes with the administration of law in a manner that involves flight, threats, violence, physical action or any independently unlawful act.

Is tampering with evidence the same as obstruction?

Tampering with Evidence (2C:28-6) is different from Obstructing Justice (2C:29-1). However, a person who tampers with evidence could be charged with both offenses, depending on the circumstance.

What is hindering? Is it the same as obstruction of justice?

The New Jersey statute for Hindering (2C:29-3) alleges that a person attempted to prevent law enforcement from apprehending a suspect. This is not necessarily the same as obstructing justice, although in some circumstances a person could be charged with both.

Who Should I Contact?

If you or a loved one has been charged with Obstructing the Administration of Law (i.e. Obstruction of Justice in NJ), contact the attorneys of Rosenblum Law. Our team of New Jersey criminal defense attorneys will do what they can in order to protect your legal rights and fight to keep you out of prison. E-mail or call 888-815-3649 today.