Dismissals from De Minimis Motion: What You Need to Know in NJ

Laws are enacted to protect the wellbeing of society as a whole. However, there are some actions that, although are technically illegal, truly do no harm to the public. Such actions, though viewed by the public as being not necessarily crimes, can still bring about criminal charges and the punishments that go with these charges. However, in rare instances, a lawyer can file a special motion with the Assignment Judge, and that Judge can dismiss the charges. This is what is called a De Minimis motion. Many lawyers are not familiar with this motion and do not file this special motion. At the Law Offices of Eric B. Morrell we understand the elements of a De Minimis motion. We will look to see if the following statute is applicable to your matter.

In order for a De Minimis motion to be granted by the Assignment Judge, the court has to find that your matter must be consistent with one or more of the subsections of the statute. As 2C:2-11 states, the Assignment Judge has the authority to dismiss prosecution so long as the actions of the defendant were found to be either a) “was within a customary license or tolerance, either expressly negated by the person whose interest was infringer nor inconsistent with the purpose of the law defining the offense”, b) “did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction”, or c) “presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense”. Subsection A of the statue states that the action of the defendant must be consistent with the law they are being charged with breaking, subsection B states that if the crime did not cause or threaten to cause harm or is deemed too trivial it can be dismissed. While subsection C states that if it is found that such a charge will not deter the defendant from committing illegal actions again than it may also be dismissed, however, if a De Minimis infraction is granted with subsection C in mind, a prosecutor has the right to appeal such a dismissal.

The defendant used a De Minimis motion in State v. Smith 195 N.J. Super 468 (1984. Mr. Smith was originally charged with stealing from a convenience store, however, the item he stole was very small and of a low value. Using subsection B of the statue, the defense argued that Smith’s action of theft was far too trivial to warrant the charge of theft. The Assignment judge agreed, and they granted the De Minimis infraction and dismissed the criminal charges. 

It is important to note that the De Minimis argument is not just reserved for criminal matters. Our law offices have successfully argued the De Minimis defense in municipal, family, and criminal court in front of the Assignment Judge. We have succeeded in getting many of these matters completely dismissed! An experienced criminal defense lawyer knows when and how to argue for a dismissal with a De Minimis motion. This takes time, effort, and most importantly the ability to think outside the box. If you or someone you know is currently being charged with a matter that you find to be too trivial to warrant prosecution, please call our office at 732-249-9933.