Monthly Archives: November 2009
Resisting arrest, 2C:29-2a
New Jersey Resisting Arrest Lawyer, 2C:29-2a
Resisting arrest, 2C:29-2a
a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today at 732-773-2768.
Obstruction, 2C:29-1
Obstructiong Administration of Law or Other Governmental Function, 2C:29-1 (Obstruction)
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.
b. An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.
With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.
Jackson firefighter charged with sexually assaulting children
John Wes Ackley, of Andover Road, Jackson, also an employee of the Board of Fire Commissioners of Fire District 4 has been charged with aggravated sexual assault and sexual assault, each of a child, possession of child pornography on his computer and on a data flash drive, and endangering the welfare of a child. These incidents are alleged to have occurred over a 15 month time span.
Ackley was charged after being questioned by the office of the Ocean County Prosecutor’s Office which is code for (in my opinion) he confessed. He was subsequently suspended from his job. Even if he did not confess, the alleged child porn in this case is going to make it real tough for the defense as it will be used to show that the child porn was used to make the child more comfortable with the alleged abuse. Thus, the credibility of the victim will be strengthened.
This is the type of case where the defense should act very quickly to try to end this case and get the best result possible. While I have had people charged with the same offenses and have kept them out of prison, it is not easy to do. Of course, if there is a defense here, it should be pursued to trial. Story is here.
Jersey City official for alleged online chats with young children
Joseph Ambrosio an assistant comptroller for Jersey City who resides in Wall, has been arrested for allegedly chatting with law enforcement who were posing as young girls in an online chat room. He was charged with one count of Attempted Sexual Assault, a crime of the second degree; 6 counts of Attempted Endangering the Welfare of a Child, crimes of the third degree, and one count of Attempted Criminal Sexual Contact, a crime of the fourth degree.
Based upon these charges, it is safe to bet that there were at least six different chats and that one of them got very heated due to the second degree charge.
This was a broad investigation that was conducted by the Passaic County Sheriff’s Department, Passaic County Prosecutor’s Office, Bergen County Prosecutor’s Office, and the Morris County Prosecutor’s Office. The Burlington County Prosecutor’s Office, Hudson County Prosecutor’s Office, Monmouth County Prosecutor’s Office, Bayonne Police Department and the Jersey City Police Department also provided assistance.
If convicted, he is looking at 5 to 10 years in prison with no hope of avoiding prison. However, I have been able to keep my clients out of prison/jail by working out these case early.
These cases often turn on whether or not the face (or other body part) of the defendant was shown via a webcam or images that were taken specifically for the would-be young girl. If there is nothing other than text, then there is some room to argue that it was someone else. Otherwise, that defense goes out the window. Since almost all of these cases involve some type of video/image evidence, these cases almost never go to trial.
If this guy gets a good attorney right away, staying out of prison is possible. If you have been charged with this or any other crime, call me to discuss. Story is here.
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