Jersey City Criminal Defense Case

Four AIDS activists were charged with the illegal distribution of narcotics. The “necessity” defense was advised through expert testimony. In order to successfully use the necessity defense, the defendant:

  • Reasonably believes there was a threat that required immediate action
  • Had no realistic alternative to completing the criminal act
  • Did not contribute to or cause the threat

Additionally, the harm caused by the defendant’s acts must not be greater than the harm avoided. After making an argument that clean needles saved intravenous drug users’ lives, a Jersey City judge found all defendants “not guilty.” Contact us at (201) 801-4334.


Hackensack Location

Law Offices of Brian J. Neary
21 Main Street | Court Plaza South, Suite 305
Hackensack, NJ 07601

Phone: (201) 488-0544 | Fax: (201) 488-0240

Jersey City Location

Law Offices of Brian J. Neary
8 Lott Street
Jersey City, NJ 07306

Phone: (201) 488-0544 | Fax: (201) 488-0240