Witness Or Victim Protective Orders

Under N.J.S.A. 2C:28-5.1, Witness, Victim Protective Orders, a criminal defendant or other person connected to a criminal case can be restrained by a protective order that prohibits them from violating witness tampering statutes, keeps them away from a witness or victim, and limits their communication with a witness or victim to their attorneys.

Unlike many criminal statutes, 2C:28-5.1 simply allows the court to prosecute both the underlying offense – Witness Tampering, Compounding, or Hindering Apprehension – alongside a charge for Contempt of Court. Contempt of Court is a crime of the fourth degree, with a possible 18-month sentence if convicted. This is the least of your problems, since the other charges outlined can be prosecuted as first degree crimes in the most egregious circumstances.

Further, the statute effectively orders the court to apply sentencing consecutively, meaning that you must serve your first sentence before you can begin serving the time on your second sentence. Don’t get caught in this trap. Matthew Reisig has defended clients in New Jersey for nearly 20 years. Call 732-625-9661 today and talk to an experienced New Jersey criminal defense attorney for free.

Related to Witness Tampering and similar charges, a court can issue protective orders for witnesses and victims of crimes. Under 2C:28-5.1, Witness, Victim Protective Order, a court can restrain the action of the defendant or any other party connected to the case if they are likely to violate any of three laws, specifically, Witness Tampering, Hindering Apprehension or Prosecution, or Compounding (accepting a bribe in order to not report an offense to police).

The protective order permitted under 2C:28-5.1 can specify that none of the above laws be violated, that the defendant or other person stay a certain distance from the witness or victim, and that the defendant or other person has no communication with the witness or victim except through their attorneys.

The way that violations are charged under 2C:28-5.1 is spelled out in 2C:28-5.2, which allows that a person under such an order may be charged with the substantive offense, i.e., Witness Tampering, Hindering Apprehension or Prosecution, or Compounding, as well as Contempt of Court. Additionally, the statute encourages sentences to be imposed consecutively rather than concurrently, with judges ordered to explain on the record why they did not apply the sentences consecutively if they do not.

When your criminal case spirals to include allegations of Witness Tampering or similar and the court steps in with orders to protect key witnesses or the alleged victim, you need experienced legal help right away. Call Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense lawyer.