HINDERING APPREHENSION 2C:29-3a) model jury charge in NJ
HINDERING APPREHENSION OR PROSECUTION OF ANOTHER
(N.J.S.A.2C:29-3a)model jury charge
The defendant is charged with the offense of hindering apprehension or prosecution, in thathe/sheis alleged to have(summarize appropriate portions of indictment).
This charge is based upon a statute which provides that:
A
person commits an offense if, with purpose to hinder the detention,
apprehension, investigation, prosecution, conviction or punishment of
another for [an offense]OR[a violation of Title 39 of the New Jersey Statutes]OR[a violation of Chapter 33A of Title 17 of the Revised Statutes] he [refer to appropriate portion ofN.J.S.A.2C:29-3a(1) thru (7)].
For
you to find the defendant guilty, the State must prove each of the
essential elements of the offense beyond a reasonable doubt.Those
elements are:
(1)that the defendant knew that (Name) could/might be charged with (offense);
(2)that the defendant(read appropriate subsection ofN.J.S.A.2C:29-3a(1) to (7));and
(3)that
the defendant acted with purpose to hinder the detention, apprehension,
investigation, prosecution, conviction, or punishment of (Name).
The first element that the State must prove beyond a reasonable doubt is that the defendant must have known that (Name) could/might be charged with (offense).This does not mean that the State must prove thathe/shehad actual personal knowledge that (Name) had committed (the offense), but rather thathe/sheknew such facts either byhis/herown observations or by information given tohim/heras would reasonably alert someone that (Name)could/might be charged with (offense).[1]
A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.Knowing, with knowledge, or equivalent terms have the same meaning.[2]
Knowledge
is a condition of the mind.It cannot be seen.It can only be determined
by inference from defendants conduct, words or acts.A state of mind is
rarely susceptible of direct proof but must ordinarily be inferred from
the facts.Therefore, it is not necessary that the State produce
witnesses to testify that an accused said thathe/shehad a certain state
of mind whenhe/shedid a particular thing.It is within your power to find
that such proof has been furnished beyond a reasonable doubt by
inference which may arise from the nature ofhis/heracts and conduct and
from allhe/shesaid and did at the particular time and place and from all
surrounding circumstances established by the evidence.
The second element that the State must prove beyond a reasonable doubt is that on (date), the defendant:
(1)harbored or concealed (Name).
Here, the State must prove that the defendant hid, or protected, or sheltered or secreted (Name) from the authorities.
OR
(2)provided
(or aided in providing) a weapon (or money, transportation, disguise or
other means of avoiding discovery or apprehension or affecting escape)
to (Name).[3]
OR
(3)(suppressed, by way of concealment or destruction, any evidence of the crime)OR(tampered
with a witness [or informant, document or other source of
information]), which (evidence, witness, etc.) might aid in the
discovery or apprehension of (Name) or in the lodging of a charge against (him/her).
OR
(4)warned (Name) of impending or imminent discovery or apprehension.[4]
OR
(5)prevented or obstructed, by means of force, intimidation or deception, (Name)
from performing an act which might aid in the discovery or apprehension
of (other) or in the lodging of a charge against (him/her).
OR
(6)aided
(other) to protect or expeditiously profit from an advantage derived
from such crime.This means that after the (offense) was committed, the
defendant assisted (Name) in carrying out his unlawful objective for a share in the proceeds or some other reason.[5]
OR
(7)gave[6]false information to
(A)a
law enforcement officer.A law enforcement officer is a person whose
public duties include the power to act as an officer for the detection,
apprehension, arrest and conviction of offenders against the laws of the
State.[7]
OR
(B)a civil State Investigator assigned to the Office of Insurance Fraud Prosecutor.
The
third element that the State must prove beyond a reasonable doubt is
that the defendant acted with the purpose of hindering (Name)s detention, apprehension, investigation, prosecution, conviction or punishment for (offense).
A person acts purposely with respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious
object to engage in conduct of that nature or to cause such a result.A
person acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances orhe/shebelieves or hopes that they exist.Someone acts purposely ifhe/sheacts with design, with a purpose, with a particular objective in mind, ifhe/shereally means to do whathe/shedoes.With purpose, designed, with design, or equivalent terms have the same meaning.[8]
A
purpose to aid another to avoid arrest is not proved merely by showing
that the defendant helped someone who was a fugitive, for such help may
be provided with motivations having nothing to do with impeding law
enforcement.Here, the objective of the defendant must have been to
obstruct, to prevent, to hinder the authorities from arresting,
prosecuting, investigating, convicting or punishing (Name) for an offense.
Purpose
and knowledge are conditions of the mind which cannot be seen and can
only be determined by inferences from conduct, words or acts.A state of
mind is rarely susceptible of direct proof, but must ordinarily be
inferred from the facts.Therefore, it is not necessary, members of the
jury, that the State produce witnesses to testify that an accused said
thathe/shehad a certain state of mind whenhe/sheengaged
in a particular act.It is within your power to find that such proof has
been furnished beyond a reasonable doubt by inference which may arise
from the nature ofhis/heracts andhis/herconduct, and from allhe/shesaid and did at the particular time and place, and from all of the surrounding circumstances.
If
after considering all of the evidence you conclude that the State has
proven each of these elements beyond a reasonable doubt, then you must
findhim/herguilty.On
the other hand, if you find that the State has failed to prove any of
these elements beyond a reasonable doubt, then you must find defendant
not guilty.
AFFIRMATIVE DEFENSE (WHERE APPROPRIATE)
As part ofhis/herdenial of guilt, the defendant claims thathe/sheis the [parent] [child] [spouse] [domestic partner] [civil union partner] of the personhe/sheallegedly aided.
If
after considering all of the evidence you conclude that the State has
proved each of the elements beyond a reasonable doubt, and you further
conclude that the State has proven beyond a reasonable doubt that the
defendant is not the[choose appropriate relationship], then you must find defendant guilty of hindering apprehension ofhis/her[choose appropriate relationship].
If
after considering all of the evidence you conclude that the State has
proved each of the elements beyond a reasonable doubt, but you conclude
that the State has not proven beyond a reasonable doubt that the
defendant is not the[choose appropriate relationship],then you must find defendant guilty of hindering apprehension ofhis/her[choose appropriate relationship].
[1]UnlikeN.J.S.A.2C:28-5
(tampering), this statute does not require that defendant know or
believe either that a charge has been made or is likely to be made;
instead, it is addressed at the wrongfulavoidanceof an official action by attempting to prevent a witness from reporting a crime to the police.State v. D.A., 191N.J.158, 170 (2007) (emphasis added).
State v. Lynch, 79N.J.327,
339 (1979).Note that the degree of this crime depends upon whether the
offense that the person aided had been or was likely to be charged with
would have constituted a crime of the second degree or greater, a crime
of the third degree, or a crime of the fourth degree or less.Any issue
regarding what degree of crime defendant knew that the person aided had
been or would likely be charged with must be submitted to the jury,
along with definitions of the elements of the crimes or offenses that
the issue of knowledge entails.
[2]N.J.S.A.2C:2-2b(2).
[3]See notation in IICommentary: Final Report of the New Jersey Criminal Law Review Commission284-85
(1971): Providing a fugitive with funds is an act of equivocal
significance.He may use it to escape or hide, to pay debts or go into
business, or to support himself or his dependents, or to hire a
lawyer.Paragraph b [now 3a(2)] is intended to require proof that money
was furnished not merely pursuant to a general desire to promote the
offenders plan to remain at large, but specifically to facilitate escape
efforts.
[4]Note:
this does not apply to a warning given in connection with an effort to
bring another into compliance with law, such as a fellow motorist
warning speeders to slow down for a speed trap, or a lawyer advising a
client to discontinue illegal activities.Commentary,supra, at 285.
[5]For
example, one might act as custodian of the proceeds of a bank robbery
until the robbers should agree on a distribution, or help a thief to
collect a reward for the return of stolen goods, or to exchange marked
ransom money.Commentary,supra, at 285.
[6]Prior to the enactment ofP.L.1999,c.297
(December 23, 1999), this subsection read volunteered false information
. . . , which was read to mean taking the initiative in furnishing
false information, rather than simply providing such information in
response to questioning.State v. Valentine, 105N.J.14 (1987).
[7]N.J.S.A.2C:25-19c.
[8]N.J.S.A.2C:2-2(b)(1).
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| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
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