While a disorderly persons offense in New Jersey is not considered a serious criminal offense, it's also not a charge you should take lightly. In Atlantic County and other areas of New Jersey, a conviction for a disorderly persons offense can still result in fines, jail time, and a lingering criminal record that can show up on background checks. Navigating the legal system alone can be daunting, and without the right attorney by your side, the risk is much higher that you will incur the maximum recommended sentence for your alleged offense--impacting your life not just in the short-term but for years after you have served your sentence.
At the Lento Law Firm, we understand the complexities of these charges and are dedicated to providing the expert legal support you need. Our Criminal Defense Team has extensive experience in defending clients against disorderly persons offenses in Atlantic County and throughout New Jersey. We understand how the court systems work in Atlantic County and will work towards procuring the most favorable resolution possible for your case. To schedule a consultation, call us today at 888-535-3686 or complete our online form.
What Is a Disorderly Persons Offense in New Jersey?
Most states categorize criminal offenses as misdemeanors and felonies. However, the criminal justice system of New Jersey uses the terms disorderly persons offense and indictable offense, respectively. Under New Jersey law, indictable offenses (subdivided into 1st, 2nd, 3rd, and 4th-degree crimes) are similar to felonies in other states. Similarly, a disorderly persons offense is similar to what would be a misdemeanor in most other states.
That being said, a disorderly persons offense is similar to a misdemeanor, but not exactly the same. Many states allow jury trials for misdemeanor offenses, but in New Jersey, disorderly persons offenses are always adjudicated by a municipal court judge with no jury present. (In other words, a "bench trial" versus a "jury trial.")
Examples of Disorderly Persons Offenses
Disorderly persons offenses generally involve a range of possible violations, including, but not limited to:
- Simple assault
- Harassment
- Trespassing
- Shoplifting/petty theft (under $200 value)
- Possession of small amounts of drugs or drug paraphernalia
- Resisting arrest
We should note that some of these violations can be escalated from a disorderly persons offense to an indictable offense (New Jersey's version of a felony) depending on the severity of the circumstances. For example, if an instance of assault results in significant injury to the victim, or if you're accused of shoplifting an item whose value exceeds $200, you may be charged with an indictable offense rather than a disorderly persons offense.
Is a Disorderly Persons Offense a Crime in New Jersey?
Technically, by law, a disorderly persons offense is not considered a crime in New Jersey--but that's simply because the definition of a crime in the state is:
- An offense for which someone must be indicted by a grand jury; and
- An offense for which the defendant has the right to a jury trial.
Since disorderly persons offenses are not indictable and are not entitled to a jury trial, they are not considered "crimes" under New Jersey law. However, in all other aspects, a disorderly persons offense carries the same basic consequences as a misdemeanor crime, even if the word "crime" is not associated with it. Specifically:
- You can be convicted of a disorderly persons offense;
- You can be fined and sentenced to jail for a disorderly persons offense; and
- A conviction for a disorderly persons offense can show up in criminal background checks.
Prosecuting Disorderly Persons Offenses in Atlantic County, New Jersey
If you are accused of a disorderly persons offense in Atlantic County, NJ, you will be summoned to appear in the municipal court corresponding to the location where the offense allegedly occurred. In Atlantic County, some municipalities have their own courts (for example, Margate Municipal Court in Margate, NJ), while other municipalities (like Egg Harbor Township or Northfield) now utilize the shared Central Municipal Court located in Mays Township.
During your initial hearing, you'll be informed of the charges against you and asked to enter a plea, usually guilty, not guilty, or no contest. The case may then proceed to a bench trial, where the prosecution presents its case, and you can defend yourself before the judge issues a verdict. Alternatively, if you or your attorney request an adjournment, the trial may be scheduled for a later date. Your attorney might also use this hearing to seek dismissal of the charges, reduced penalties, or request your participation in a diversionary program, which could lead to dismissal upon completion.
Consequences of Conviction
In New Jersey, being convicted of a disorderly persons offense does not lead to state prison time. The most severe penalty for such a conviction is up to six months in county jail and a fine of $1,000. For petty disorderly offenses, the penalties are even lighter, with a maximum of 30 days in jail and a fine up to $500. Beyond jail time and fines, a court might impose probation, mandate community service, or even suspend the offender's driver's license under certain conditions.
Bear in mind, however, that a conviction for a disorderly persons offense can have long-lasting repercussions beyond the initial sentence. The conviction can show up on criminal background checks, which certain employers may use to disqualify you from employment or which may also disqualify you from certain housing options.
How the Lento Law Firm Can Help
The Criminal Defense Team at the Lento Law Firm has many years of proven experience defending clients facing disorderly persons offense charges in Atlantic County. Our Team can:
- Evaluate the charges and the evidence against you and prepare a solid defense;
- Negotiate with prosecutors and/or the municipal court judge for reduced charges, reduced penalties, or even dismissal of the charges; and/or
- Assist you in qualifying for diversionary programs like Pre-Trial Intervention or Conditional Discharge, which may result in a dismissal of the charges so they don't show up on your criminal record.
Despite being considered "lesser" offenses, the consequences of a conviction for a disorderly persons offense in Atlantic County can still impact your life for many years to come. New Jersey courts take such offenses seriously, and so should you. Let the Lento Law Firm Team improve your chances for a favorable or lenient outcome. Call us today at 888-535-3686 or fill out our online form.
