Obstruction of Justice in New Jersey

Obstruction is called 'obstructing administration of law or other governmental function': purposely obstructing, impairing or perverting the administration of law or preventing a public servant from lawfully performing an official function by flight, intimidation, force, violence, physical interference, or an independently unlawful act. It is a crime of the fourth degree if it obstructs the detection or investigation of a crime or a prosecution; otherwise it is a disorderly persons offense. Witness tampering (conduct a reasonable person would believe would cause a witness to testify falsely, withhold evidence, or stay away) is a crime of the third degree, second degree if force or threat of force is used, and first degree if force or threat is used in connection with certain listed serious crimes. Grade penalties: crime of the fourth degree — prison not to exceed 18 months and a fine up to $10,000; third degree — between three and five years and up to $15,000; second degree — between five and 10 years and up to $150,000; disorderly persons offense — up to 6 months and up to $1,000; petty disorderly persons offense — up to 30 days and up to $500 (N.J.S. 2C:43-6(a), 2C:43-3, 2C:43-8).

New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1

Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.