New Jersey De Minimis Infractions Defense

New Jersey De Minimis Infractions Defense authorizes a Judge to dismiss a criminal prosecution without the consent of the prosecutor even though the conduct charged constituted a criminal offense.

First, the judge may dismiss if the violation was within customary license or tolerance.

For example, taking fruit out of a restaurant by a customer at a buffet is subject to dismissal under this defense.

Secondly, the judge may dismiss if the conduct did not actually cause or threaten the harm sought to be prevented by the law defining the offense or else did so to an extent too trivial to warrant the condemnation of a conviction.

In other words, the moral force of the law is diluted if it equally condemns trivial and serious harms.

If you have any questions for a New Jersey criminal defense lawyer about a New Jersey De Minimis Infractions defense, please do not hesitate to contact us.