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Conviction for Hindering Apprehension Reversed

23
Jul
2010

by in Criminal Appeals, Criminal Defense

State v. John A. Scalchi, unpublished opinion, App. Div. Docket No. A-4583-08T4 (June 4, 2010) – Conviction for hindering apprehension pursuant to N.J.S.A. 2C:29-3a reversed. “Following a trial de novo, the Law Division convicted defendant John Scalchi of two counts of the disorderly persons offense of hindering the apprehension of another by harboring or concealing his son Frank Scalchi, for whom a Superior Court warrant for failure to pay child support had been issued….

Here, Frank Scalchi had not been charged with a criminal offense, a motor vehicle offense or a violation of the New Jersey Insurance Fraud Statute. Rather, the warrant the Sheriff’s officers were executing was for defendant’s son’s failure to pay child support, a matter not ‘included in the description of the forbidden conduct’ proscribed by the hindering apprehension statute. N.J.S.A. 2C:1-14h.”

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