Obstructing Charge in Holmdel Municipal Court
N.J.S.A. 2C:29-1 sets forth those circumstances under which an individual may be convicted of obstruction (a.k.a. “hindering”) in Holmdel Municipal Court. This law renders it illegal to obstruct or impair the administration of law by engaging in flight, intimidation, force, violence, physical interference, obstacle or any other illegal act. You will note that lack of cooperation is not one of the bases for an obstructing offense. An individual should not, therefore, be subject to arrest for simply refusing to provide information (e.g. name, date of birth, etc.). Intentionally providing inaccurate information (e.g. fictitious name) in an effort to avoid apprehension is, however, a whole never matter. The affirmative act of misinforming police take it out of a situation of silence or being uncooperative in terms of supplying information, and into the realm of obstruction pursuant to 2C:29-1.
Penalties for a Holmdel Obstruction Charge
Typically, a charge of obstructing is a disorderly persons offense. The violation is enhanced to a fourth degree crime, however, where the accused obstructs for the purpose of avoiding detection, investigation or prosecution for an indictable felony (i.e. first, second, third or fourth degree crime). A conviction for the disorderly persons variety of obstructing results in a fine as high as $1,000 and county jail of up to 6 months. A fourth degree obstructing conviction carries a fine of up to $10,000 and state prison term of 18 months.