Blog Archives
Impersonating a public servant or law enforcement officer, (2C:28-8)
New Jersey Criminal Defense Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our criminal defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-8. Impersonating a public servant or law enforcement officer.
a. Except as provided in subsection b. of this section, a person commits a disorderly persons offense if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
b. A person commits a crime of the fourth degree if he falsely pretends to hold a position as an officer or member or employee or agent of any organization or association of law enforcement officers with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
From Newark to Trenton, Jersey City to Atlantic City, our criminal defense attorneys will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Tampering with public records or information, (2C:28-7)
New Jersey Criminal Defense Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our criminal defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-7. Tampering with public records or information. a. Offense defined. A person commits an offense if he:
(1) Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;
(2) Makes, presents, offers for filing, or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in paragraph (1); or
(3) Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.
b. Grading. An offense under subsection a. is a disorderly persons offense unless the actor’s purpose is to defraud or injure anyone, in which case the offense is a crime of the third degree.
c. A person commits a crime of the fourth degree if he purposely and unlawfully alters, destroys, conceals, removes or disables any camera or other monitoring device including any videotape, film or other medium used to record sound or images that is installed in a patrol vehicle.
From Newark to Trenton, Jersey City to Atlantic City, our criminal defense attorneys will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Tampering with or fabricating physical evidence, (2C:28-6)
New Jersey Criminal Defense Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our criminal defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-6. Tampering with or fabricating physical evidence
A person commits a crime of the fourth degree if, believing that an official proceeding or investigation is pending or about to be instituted, he:
(1) Alters, destroys, conceals or removes any article, object, record, document or other thing of physical substance with purpose to impair its verity or availability in such proceeding or investigation; or
(2) Makes, devises, prepares, presents, offers or uses any article, object, record, document or other thing of physical substance knowing it to be false and with purpose to mislead a public servant who is engaged in such proceeding or investigation.
From Newark to Trenton, Jersey City to Atlantic City, our criminal defense attorneys will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Tampering With Witnesses and Informants, (2C:28-5)
New Jersey Criminal Defense Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our criminal defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-5. Tampering With Witnesses and Informants
a. Tampering. A person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted, he knowingly attempts to induce or otherwise cause a witness or informant to:
(1) Testify or inform falsely;
(2) Withhold any testimony, information, document or thing;
(3) Elude legal process summoning him to testify or supply evidence; or
(4) Absent himself from any proceeding or investigation to which he has been legally summoned.
The offense is a crime of the second degree if the actor employs force or threat of force. Otherwise it is a crime of the third degree. Privileged communications may not be used as evidence in any prosecution for violations of paragraph (2), (3) or (4).
b. Retaliation against witness or informant. A person commits a crime of the fourth degree if he harms another by an unlawful act with purpose to retaliate for or on account of the service of another as a witness or informant.
c. Witness or informant taking bribe. A person commits a crime of the third degree if he solicits, accepts or agrees to accept any benefit in consideration of his doing any of the things specified in subsection a. (1) through (4) of this section.
From Newark to Trenton, Jersey City to Atlantic City, our criminal defense attorneys will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
False Swearing, (2C:28-2)
New Jersey False Swearing Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our false swearing (2C:28-2) defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-2. False swearing
a. False swearing. A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a crime of the fourth degree.
b. Perjury provisions applicable. Subsections c. and d. of section 2C:28-1 apply to the present section.
c. Inconsistent statements. Where the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
From Newark to Trenton, Jersey City to Atlantic City, our false swearing (2C:28-2) defense lawyers will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Perjury, 2C:28-1
New Jersey Perjury Attorney
A criminal conviction can ruin your reputation and your life. Calling a tough, smart attorney as early as possible may make the difference between a great result and disaster. Regardless of the how simple or complex the case, or where the court is, our team of aggressive New Jersey criminal defense lawyers will fight for you.
With offices in New Brunswick, Toms River, Eatontown & Princeton, our perjury (2C:28-1) defense lawyers are easy to reach from anywhere in New Jersey. Call our attorneys today to begin your aggressive defense.
2C:28-1. Perjury
a. Offense defined. A person is guilty of perjury, a crime of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.
b. Materiality. Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding or the disposition of the matter. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material is a question of law.
c. Irregularities no defense. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.
d. Retraction. It is an affirmative defense under this section that the actor retracted the falsification in the course of the proceeding or matter in which it was made prior to the termination of the proceeding or matter without having caused irreparable harm to any party.
e. Corroboration. No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.
From Newark to Trenton, Jersey City to Atlantic City, our perjury (2C:28-1) defense lawyers will fight you in any court in New Jersey. With offices in New Brunswick, Toms River, Eatontown & Princeton, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!
Man seeks revenge on ex-wife by leaking oil on lawn
Gerald Dugan is charged with criminal mischief and unlawfully releasing hazardous materials after he allegedly removed a valve from the oil tank of his ex-wife’s house causing 200 gallons of home heating oil to be spilled outside and onto her lawn.
He is also alleged to have broken into a locked garage, scratched a car, spray-painted its headlights black, slashed a bike tire, unplugged a freezer, slashed a mattress and damaged a lawn mower. The bad part about all that is that each incident will be used to prove the other. In addition, he also faces burglary and criminal mischief charges from May 16 when he allegedly was captured on security camera ripping down a clothesline and stealing a storage bin. While the last part isn’t that much of a problem, that incident will also be used against him to try to convict him of the other incidents.
Story is here.
Robert Higbee Verdict: Not Guilty
I have to say that I am a little surprised. I really thought Higbee was done for since a not guilty verdict should have came on Friday. Regardless, it was the right result and I am happy for him. Luckily the jury saw right through what was mostly a nice presentation by the Prosecutor. In the end, I think it all boiled down to common sense: is this some crazy trooper that blows through stop signs or can a person make one tragic mistake in their life? Higbee’s experience and lack of any discipline problems really helped him out as it was rather obvious that this was just a really bad mistake.
Tonacchio Law LC 