In recent years, concerns about police misconduct in New Jersey crimes have gained significant attention. Instances of alleged misconduct, ranging from excessive force to racial profiling, have raised important questions about the integrity of law enforcement practices. Law Offices of Jonathan F. Marshall delves into the topic of police misconduct in New Jersey, sheds light on the relevant laws and implications, and explores how charges could potentially be dropped if police misconduct is involved. If you have been charged with a crime and suspect police misconduct, it is crucial to understand your rights, gather evidence, and seek appropriate legal assistance.
Understanding Official Deprivation of Civil Rights in New Jersey
To combat police misconduct, New Jersey has specific laws and regulations in place. One key law that addresses police misconduct is the New Jersey Law Enforcement Directive (NJ Rev Stat Section 2C:30-6). This law makes it a criminal offense for law enforcement officers to engage in official misconduct, including acts such as bribery, tampering with evidence, or committing perjury.
What Does Official Deprivation of Civil Rights Mean?
In New Jersey, a public servant who acts or claims to act in an official capacity can be charged with the Crime of Official Deprivation of Civil Rights. This means that if you hold a position of authority and knowingly engage in conduct that is unlawful, with the intent to intimidate or discriminate against someone based on race, color, religion, gender, handicap, sexual orientation, or ethnicity, you may be accused of this offense.
Unlawful Actions
To be charged with this crime, there are specific actions that may lead to your arrest. Firstly, subjecting another person to unlawful arrest or detention, including situations such as motor vehicle investigative stops, searches, seizures, dispossession, assessments, liens, or any other violation of personal or property rights, constitutes an offense. Additionally, denying or obstructing another person from lawfully exercising their rights, privileges, powers, or immunities can also lead to this charge.
Unlawful Arrest / Detention
Arrest refers to the act of depriving someone of their freedom without legal justification. It includes situations such as detaining or arresting a person without proper legal authority or without following the correct procedures. For example, if someone is held against their will by another person who does not have the authority to do so, it may constitute an offense.
Motor Vehicle Investigate Stops, Searches, And Seizures
This refers to actions related to traffic stops and the subsequent search and seizure of items in a motor vehicle. In some cases, law enforcement officers have the authority to stop a vehicle for investigative purposes, such as when they suspect a crime has been committed or if there is reasonable suspicion of illegal activity. However, if these stops, searches, or seizures are conducted unlawfully or without proper justification, it can lead to charges.
Dispossession, Assessments, Liens, Or Any Other Violation Of Personal Or Property Rights:
This encompasses various actions that violate a person’s or property’s rights. Dispossession refers to the wrongful taking or removal of someone’s property or belongings. Assessments are typically monetary charges or evaluations imposed by authorities, and liens are legal claims or encumbrances on a property to secure a debt. Any actions that infringe upon personal or property rights, whether through dispossession, assessments, liens, or other means, can potentially result in criminal charges.
Denying Or Obstructing Another Person From Lawfully Exercising Their Rights, Privileges, Powers, Or Immunities
This involves intentionally preventing or impeding someone from exercising their legal rights, privileges, powers, or immunities. It can include actions such as denying someone access to legal representation, interfering with their ability to vote, or obstructing their freedom of speech or assembly. Any acts that unlawfully hinder or obstruct another person’s exercise of their lawful rights can lead to criminal charges.
Inference of Unlawful Conduct
If you, as a public servant, have made false statements, prepared false reports, or failed to prepare a report when required by the authorities, it will be inferred that you were aware that your conduct was unlawful. This inference can play a significant role in establishing guilt in your case.
Unlawful Acts
Under this statute, an act is deemed unlawful if it violates the United States Constitution, the Constitution of New Jersey, or if it constitutes a criminal offense under the laws of New Jersey. It’s crucial to be aware that any action falling into these categories may be subject to legal consequences.
Penalties for Official Misconduct
If you are found guilty of the Crime of Official Deprivation of Civil Rights, the severity of the penalties will depend on the circumstances of the offense. In general, it is considered a third-degree crime, which carries its own set of consequences. However, if your actions result in bodily injury to the person being deprived of their rights, you can face a more severe charge of second-degree crime. Furthermore, if you commit or attempt to commit serious offenses like murder, manslaughter, kidnapping, or aggravated sexual assault during the course of violating this statute, you could be charged with a first-degree crime, which has even harsher penalties.
Separate Convictions and Sentences
It’s essential to understand that a conviction of official deprivation of civil rights does not merge with any other criminal offense, nor does any other conviction merge with a conviction under this section. This means that each violation will be treated separately, and the court will impose separate sentences for each offense committed.
New Jersey Civil Rights Act
Furthermore, victims of police misconduct in New Jersey may seek remedies through civil litigation. The state allows individuals to file lawsuits against law enforcement officers and agencies for violations of their civil rights under federal and state law, such as the New Jersey Civil Rights Act (NJ Rev Stat Section 10:6-2). In the realm of civil rights, it’s crucial to understand the actions permitted under the New Jersey Civil Rights Act. This statute grants individuals certain rights and avenues for legal recourse in cases of deprivation or interference with their constitutional or state-secured rights.
Actions for Deprivation of Rights
Under the New Jersey Civil Rights Act, if a person, regardless of whether they are acting under the authority of the law, subjects another person to the deprivation of substantive due process or equal protection rights, privileges, or immunities guaranteed by the United States Constitution or the laws of New Jersey, the Attorney General can initiate a civil action. This action may seek damages, injunctive relief, or other appropriate remedies. The lawsuit will be filed on behalf of the injured party, and if successful, any awarded damages will be distributed to the injured party. The Attorney General will also be entitled to reasonable attorney’s fees and costs. Violations of this provision can lead to penalties as specified in subsection e.
Actions for Interference with Rights
Similarly, if a person, regardless of whether they are acting under the authority of the law, interferes or attempts to interfere with another person’s exercise or enjoyment of substantive due process or equal protection rights, privileges, or immunities secured by the United States Constitution or the laws of New Jersey through threats, intimidation, or coercion, the Attorney General can bring a civil action. This legal action seeks damages, injunctive relief, or other appropriate remedies on behalf of the injured party. Successful outcomes result in the distribution of awarded damages to the injured party and the awarding of reasonable attorney’s fees and costs to the Attorney General. Violations of this provision can also lead to penalties as specified in subsection e.
Individual Actions for Deprivation or Interference
Any person whose substantive due process or equal protection rights, privileges, or immunities secured by the United States Constitution or the laws of New Jersey have been violated, or whose exercise or enjoyment of such rights has been interfered with, may personally initiate a civil action seeking damages, injunctive relief, or other appropriate remedies. This provision grants individuals the ability to seek legal recourse independently in situations where their rights have been violated or interfered with by a person acting under the authority of the law. Violations of this provision can also lead to penalties as specified in subsection e.
Legal Proceedings and Penalties
Actions filed under the New Jersey Civil Rights Act are typically heard in the Superior Court. Parties involved in these cases can request a jury trial. In addition to damages, civil penalties, injunctive relief, or other appropriate remedies, the court may award reasonable attorney’s fees and costs to the prevailing party. Violators who deprive or interfere with others’ rights can be held liable for civil penalties, the amount of which will be determined by the court or jury. Any collected penalties will be transferred to the State Treasurer for deposit into the State General Fund.
The Impact Of Police Misconduct On Criminal Cases
Police misconduct can significantly impact criminal cases, undermining the integrity of the justice system. Some potential impacts include:
Wrongful Convictions
When police officers engage in misconduct, it can lead to false evidence, coerced confessions, or biased investigations, resulting in wrongful convictions.
Erosion Of Trust
Police misconduct erodes trust between law enforcement agencies and the communities they serve. This can hinder effective crime-solving efforts and damage community relationships.
Unfair Treatment
Individuals who are victims of police misconduct may face unequal treatment in the criminal justice system, leading to biased outcomes and a lack of justice.
How Charges Could Be Dropped From Police Misconduct
In some instances, if it can be proven that police misconduct took place, it may lead to the dismissal of charges. Here are some factors that can contribute to charges being dropped:
Lack Of Probable Cause
If it can be demonstrated that the arresting officer did not have sufficient evidence or reasonable grounds to believe a crime had been committed, the charges may be dropped. This could occur if the officer engaged in misconduct such as falsifying evidence or fabricating probable cause.
Coerced Confessions Or Unlawful Interrogation Tactics
If a confession was obtained through coercion, intimidation, or other unlawful tactics, it may be considered inadmissible in court. In such cases, the charges may be dropped due to a lack of evidence.
Suppression Of Evidence
If evidence vital to the prosecution’s case was obtained illegally or through a violation of an individual’s rights, it may be suppressed. This could result in the weakening or dismissal of the charges against the accused.
Violations Of Miranda Rights
If the arresting officer failed to properly inform the individual of their Miranda rights, any statements made by the accused during questioning may be deemed inadmissible in court. This can significantly impact the prosecution’s case and potentially lead to the dismissal of charges.
Tampering With Evidence
If it can be proven that law enforcement officers tampered with or planted evidence, the credibility of the entire investigation comes into question. Courts may dismiss charges when evidence has been compromised through police misconduct.
New Jersey Criminal Defense Lawyers
If you believe that police misconduct has occurred in your case, it is essential to gather any evidence supporting your claims and consult with the Law Offices of Jonathan F. Marshall.They can help build a strong defense and advocate for the dismissal of charges if misconduct is substantiated.
Remember, the legal system strives to uphold justice and accountability. If police misconduct has occurred, it is within your rights to seek redress and ensure a fair and unbiased resolution to your case.
