Charges for Impersonating a Law Enforcement Officer in New Jersey
I recently represented a client in Fair Haven Municipal Court charged with impersonating a law enforcement officer in New Jersey. The statute which governs this offense is N.J.S.A. 2C:28-8 which provides in pertinent part:
§ 2C:28-8. Impersonating a public servant or law enforcement officer
a. Except as provided in subsection b. of this section, a person commits a disorderly persons offense if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
b. A person commits a crime of the fourth degree if he falsely pretends to hold a position as an officer or member or employee or agent of any organization or association of law enforcement officers with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
In this case, my client was a former juvenile custody officer who was terminated a couple years ago but retained his badge and kept his badge in his wallet. When my client was pulled over for a traffic violation and opened his wallet to get his license, the arresting officer observed the badge and inquired further. As a result, my client was charged with a criminal offense of impersonating a law enforcement officer. My client was charged under section (a) of the statute which is a disorderly persons offense in New Jersey. If convicted, my client was facing up to six (6) months in prison and he would also have a permanent criminal charge on his record. I was able to negotiate a plea to a downgraded charge (a municipal ordinance) which resulted in a fine and no criminal record for my client. This was a great result considering the circumstances of the case.
