Legal Question in Criminal Law in New Jersey
Failure to Disperse
I work security at a nightclub. One night at closing, we had a fight outside and myself and several of my coworkers went outside in an attempt to calm it. After the police arrived, we assisted them in dispersing the crowd. Suddenly, an officer arrived on the scene and started screaming for everyone one to get to their expletive cars. I began to walk back towards my workplace, as i was not yet done with work, when the officer said get to your ''expletive'' car. I explained that i was an employee and he said I don't give an expletive who you are. So i said that i was going to get off the street and go back inside. He proceded to verbally berate me and told me that he ''owned'' the block and that if he wanted to arrest me he would. SO i said that i was just diong my job and trying to help them out as usual. Suddenly he got in my face and then 4 other officers grabbed me from behind and threw me against a car and cuffed me. I had no idea what was going on but i was taken in and charged with failure to disperse. Do i have a defense against this since I was working at the time and was merely attempting to explain to the officer that i was not a customer, but an employee who was going back inside to do my work, and not to my car.
3 Answers from Attorneys
Failure to Disperse
You DO have a defense to the charge as described.
The officer had a right to direct you to leave the immediate area. He had no right to tell you that you must leave via car. You were completely within your rights in trying to return to your employment.
Not only do you have a defense, you also have a federal civil rights claim against the cop for deprivation of your rights under color of state law. This is more fully set forth in 42 U.S.C. Section 1983.
Re: Failure to Disperse
You should fight this one! Feel free to call my office for a free telephone consultation if you would like further information. I wholly concur with Mr. Marain.
Re: Failure to Disperse
I agree with the other two... Call me if my location is more convenient.
800-416-2790, 856-428-5055
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