In New Jersey, if you interfere with a law enforcement officer in the performance of his or her duty, or if you refuse to cooperate, you can face criminal charges, from resisting arrest to obstruction of justice to hindering. Unfortunately, because of the subjective nature of the offense, you can often be charged with resisting arrest or obstruction of justice if the arresting officer doesn’t like you or feels threatened in any way.
Under N.J.S.A. 2C:29-2, it is a disorderly persons offense if you intentionally prevent or try to prevent a police officer from making an arrest. The seriousness of the office depends on:
N.J.S.A. 2C:29-1 addresses the obstruction of justice, making it illegal to intentionally “obstruct, impair or pervert the administration of law or other government function. You can also be charged with obstruction of justice for interfering with or attempting to prevent a public official from performing his or her duty. The New Jersey courts have found a wide range of activities to constitute obstruction of justice, including providing false information to a police officer, impersonating a law enforcement officer, and tampering with evidence or witnesses.
Pursuant to N.J.S.A. 2C:29-3, you can be prosecuted for hindering if you engage in one of a number of prohibited activities in an attempt to delay or impede detention, investigation, apprehension, prosecution, conviction or punishment of another person. This can include harboring a fugitive, as well as providing resources to a person charged with a crime with the intent that they will avoid discovery or make an escape. Hindering may also include:
