Legal Question in Constitutional Law in New Jersey

Basically, this is how it went down.

I was walking out of the Plainfield PD as a witness to a crime. The officers inside told me to go outside and wait for an officer to drive me back to my car. When outside, I witness ATLEAST 12 police officers punching, kicking, and maseing a man who was on the ground. Im about 20 feet away. I yell over in a civil tone "why are you guys beating him, hes on the ground ". They then tell me to leave. I then state " what about my ride?" one officer replies " Its gone, get the f out of here". I comply with his command and start walking away from the incident. I'm now across the street, walking away from the scene to my car (which is 10 blocks away) and on my cell phone trying to take a video of them beating the suspect. I did not say any words as I was taking the video and walking away. Once the officers told me to leave, I left. While I was walking away, back to my car, One officer saw what I was doing and three of them ran over to me and slammed me against a parked car.

This is where my 2nd charge comes in. I still have my cell phone in my hand. Once they slammed me agaianst the car my phone dropped on the ground, almost breaking it. The summons says that I resisted by not putting my hands behind my back. Which is impossible because I had three officers pinning me on the hood of a parked park. The cuffs were on me in a matter of seconds from when they grabbed me. I did not interfer with their investigation or resist arrest.

So I am being charged with obstruction of justice, and resisting arrest for not putting my hands behind my back. Do I have a shot at beating this in court..any feedback will help, oh and the cops also erased the video from my cell phone.


Asked on 11/08/09, 5:07 pm

1 Answer from Attorneys

Allan Marain Law Offices of Allan Marain

You have a shot at beating this in court BUT you will need highly skilled legal counsel to have a prayer of success. The New Jersey Chapter of the American Civil Liberties Union may provide you with a lawyer. Write to them and tell them what you told Law Guru. Its address is http://www.aclu-nj.org/legal/fileacomplaint/

Best,

A.

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Answered on 11/13/09, 5:17 pm


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