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WHO WANT MORE FROM THEIR ATTORNEY
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
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NJ Case Law: Resisting an Illegal Arrest
By Spodek Law Group |
February 15, 2023
Resisting an Illegal Arrest: An Overview of NJ Case Law
In the state of New Jersey, resisting an unlawful or illegal arrest is a serious offense that can result in significant consequences. This was the issue at the center of the case of State of New Jersey v. William J. Kane. Kane was accused of disrupting a public meeting and resisting arrest, which led to his conviction in the Manville Municipal Court. However, Kane appealed his conviction, arguing that his actions did not violate any laws.
The Decision of the Appellate Division
The Superior Court, Law Division, Somerset County, affirmed Kane’s conviction, but he still had the right to appeal. The Superior Court, Appellate Division, made a landmark decision on the matter. Judge Brochin, J.A.D., delivered the opinion of the court, which held that Kane’s brief shouts for recognition during the public meeting did not violate the statute prohibiting disrupting a public meeting. Additionally, the court stated that the police’s actions in removing Kane from the meeting did not constitute an arrest. Therefore, Kane could not be convicted of resisting arrest.
The Outcome
In the end, the Appellate Division reversed and remanded Kane’s conviction, granting him the justice he deserved. It is worth noting that the American Civil Liberties Union of New Jersey supported Kane’s case as amicus curiae, demonstrating the significance of the case for individual rights and freedoms.
Trust in Spodek Law Group for Your Criminal Defense Needs
If you or a loved one is facing criminal charges, it’s crucial to have an experienced attorney by your side to defend your rights. At Spodek Law Group, we are committed to providing aggressive representation and the best possible outcome for our clients. Our attorney Todd Spodek has a proven track record of success and is dedicated to fighting for your rights. Contact us today to schedule a consultation and get the legal help you need.
Resisting Arrest: A Case Study in New Jersey
The ArrestKane repeatedly attempted to be recognized as a speaker during the hearing but was unsuccessful. In an attempt to gain Representative Kasich’s attention, he shouted from the floor, disrupting the meeting. As a result, four or five policemen in attendance to maintain order seized him, carried him out, handcuffed him, and took him to police headquarters where he was charged.
The Trial and Conviction
The State presented its case through the testimony of four police officers, with Patrolman Darrin DeGraw being the first of the arresting officers to reach Kane. DeGraw testified that he approached Kane and asked him to be quiet and be seated, but Kane ignored him and continued shouting. Despite being advised to be seated and that he would be able to remain, Kane refused and continued yelling, which ultimately led to his arrest.
Kane was convicted of disrupting a public meeting and resisting arrest, both of which are disorderly person offenses. He was fined $250 for the violation of N.J.S.A. 2C:33-8 and $750 for the violation of N.J.S.A.2C:29-2. For the latter violation, he was also sentenced to serve one day in the county jail and to complete ten days of community service. However, the one-day suspended jail sentence was deleted on appeal de novo to the Law Division.
Final Thoughts
Resisting arrest can have severe legal consequences, as seen in Kane’s case. It is important to remain calm and follow the instructions of law enforcement officers to avoid escalating a situation. In the event of an arrest, it is crucial to seek the counsel of an experienced criminal defense attorney who can help navigate the legal system and protect one’s rights. Spodek Law Group, led by renowned attorney Todd Spodek, is a leading law firm that provides top-notch criminal defense services in New Jersey.
Defending Against Illegal Arrest: A NJ Case Law
Imagine finding yourself in a situation where you are being arrested by the police for no reason, with no grounds for suspicion or probable cause. You may feel helpless, scared, and unsure of your rights. However, in such circumstances, it is crucial to know that you have the legal right to resist an illegal arrest and that you can fight back against police misconduct.
The Testimony of the Police Officers
In a recent case in New Jersey, several police officers testified about an incident involving a man who was arrested without any valid reason. Patrolman DeGraw was the first officer to confront the man and ordered him to be quiet and sit down. However, the man shouted, “Mr. Chairman!” and refused to comply. Detective Mark Sniscak, who was also present at the scene, testified that he heard the man’s shout and that he was carried out of the building after resisting arrest for a longer period.
Patrolman John Granihan, who arrived later, did not witness the initial confrontation, but he did confirm that the man resisted being handcuffed. Furthermore, Detective Michael Gilbert testified as a rebuttal witness and stated that the man even tried to kick him in the face while being taken out of the hall.
Understanding Your Rights
It is essential to know that under New Jersey law, you have the legal right to resist an illegal arrest. If the arrest lacks probable cause, you have the right to refuse to comply with the officer’s demands. However, it is essential to remember that you must not use excessive force, and you should remain calm and composed throughout the situation.
If you find yourself in such a situation, you can contact our law firm, the Spodek Law Group, for legal advice and guidance. Our attorney, Todd Spodek, has years of experience defending individuals against police misconduct and can provide you with the necessary legal representation to defend your rights and freedom.
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