Call Now For Help

732.580.1237

Forfeiture of Public Office Conviction Affirmed

29
Jan
2010

by in Criminal Appeals

State v. Dana Rone, ? N.J. Super. ?, 2009 N.J. Super. LEXIS 250 (December 9, 2009) – Conviction for obstruction of justice and forfeiture of public office affirmed. “The first question, analytically, is whether defendant’s conviction … touched on her position as a member of the City Council….

Defendant stresses that the record does not contain any findings of dishonesty or untrustworthiness on her part; this, she contends, demonstrates that her actions on the night in question do not touch on her office.

This, however, is not the test enunciated by the McCann [167 N.J. 311 (2001)] Court; an offense touches on an individual’s office if it flows from that office…. Here, … , defendant repeatedly announced her public position and pointed to her use of a municipal vehicle.

She used her position to denigrate the university’s police force, and dissatisfied with the manner in which the university police were responding to her, summoned what she termed the ‘real’ police, the City’s municipal police. We agree with the trial court that defendant’s offense did indeed touch on her position as a member of the city council.”

With regard to possible waiver of forfeiture under N.J.S.A. 2C:51-2(e), “We are satisfied that defendant’s threshold analysis, that is, that the critical question is whether good cause exists to waive forfeiture, is correct and that the State’s position, that the prosecutor’s decision to seek waiver is entitled to enhanced deference, is incorrect. That defendant applies the correct analytical framework does not advance her cause, however, for we are equally satisfied that good cause was not demonstrated.” (Patricia Bombelyn)

  • //www.judiciary.state.nj.us/opinions/a5850-07a6192-07.pdf

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.