If you have been charged with a disorderly persons offense in Bergen County, New Jersey, the possible consequences may be more significant than you realize. In New Jersey, a disorderly persons offense isn't classified as a serious criminal charge, but if you are convicted, it can still lead to fines, time spent in jail, and a lasting criminal record that could appear on background checks. Your choice of attorney in this situation matters more than you think. Since disorderly persons offenses are tried solely by a judge (no jury), if you do not have proper legal representation in court, the risks increase that the judge will ultimately impose the maximum penalties allowed for your alleged offense.
Thankfully, choosing the right New Jersey criminal defense attorney can make all the difference in your case. The Lento Law Firm's Criminal Defense Team has many years of experience and a long track record of success defending clients in municipal courts across Bergen County and throughout New Jersey. We have a deep understanding of the court procedures in Bergen County, and we will leverage that understanding to get you the best possible outcome for your case. Whether you're charged with simple assault, shoplifting, or possession, we know how to work with the courts to minimize the damage to your life and future. To book a consultation, reach out at 888-535-3686 or fill out our online form.
Understanding Disorderly Persons Offenses in New Jersey
Unlike most states, which categorize crimes as either misdemeanors or felonies, New Jersey's legal system uses the terms disorderly persons offense and indictable offense, respectively. Indictable offenses in New Jersey, further categorized as 1st, 2nd, 3rd, or 4th-degree crimes, are equivalent to felonies elsewhere. Similarly, a disorderly persons offense compares to a misdemeanor in other states, while a petty disorderly persons offense can be loosely compared to an infraction in other states.
Common examples of disorderly persons offenses include:
- Simple assault
- Harassment
- Shoplifting (items valued under $200)
- Theft (under $200 in value)
- Possession of small quantities of controlled substances (or more than one ounce of marijuana)
- Resisting arrest
Although disorderly persons offenses are comparable in severity to a misdemeanor, New Jersey law treats this type of offense differently. In many states, defendants have a right to a jury trial for a misdemeanor charge, but that isn't the case for a disorderly persons offense in New Jersey. All such offenses are adjudicated by a municipal court judge in a "bench trial," without a jury. This means when defending against a disorderly persons offense, you can't convince 12 of your peers of your innocence; you must convince a judge who may or may not be inclined in your favor. (This is what makes it so important to have an attorney advocating for you, even for a minor offense such as this one.)
It's important to mention that some violations might escalate from a disorderly persons offense to an indictable offense, depending on the circumstance's seriousness. For instance, if an assault leads to significant injury, or if shoplifting involves an item worth more than $200, the charge might be elevated to an indictable offense.
Is a Disorderly Persons Offense Considered a Crime?
Ironically, in New Jersey, a disorderly persons offense is technically not considered a crime. This distinction arises because, legally, a crime in the state requires:
- Indictment by a grand jury
- The right to a jury trial for the defendant
Since disorderly persons offenses do not involve grand jury indictments or jury trials, they aren't classified as "crimes" under state law. Nevertheless, they carry similar ramifications to criminal offenses in all other ways, including:
- The possibility of conviction
- Potential fines and jail sentences
- Appearance on criminal background checks
Disorderly Persons Charges in Bergen County, NJ
If you face charges for a disorderly persons offense in Bergen County, you will appear before the municipal court associated with where the alleged incident occurred. For example, if the alleged offense occurred in Fort Lee, you'll face the judge at Fort Lee Municipal Court. Depending on the specific court, hearings may occur remotely via Zoom or in person.
At your initial hearing, you will be informed of the charges and asked to enter a plea—either guilty, not guilty, or no contest. The case may immediately advance to a bench trial during the same session, where the prosecution presents its case, and you can argue your defense before a judge's verdict. Alternatively, your attorney may request a postponement to reschedule the trial or aim for charge dismissal or penalty reduction, potentially involving a diversionary program leading to dismissal upon completion.
Implications of a Conviction
With the help of a good attorney to defend you, many disorderly persons offenses result in little or no jail time. Probation is a more likely option in such cases, or you may be eligible for a diversionary program, especially if you're a first-time offender. The maximum penalty for a disorderly persons offense in New Jersey is:
- Up to $1000 in fines, and/or
- Up to six months in county jail.
(You cannot go to state prison for a disorderly persons offense.)
That said, a conviction can have enduring effects beyond the immediate sentence. Even if you don't receive jail time, your conviction may appear on criminal background checks, potentially affecting job opportunities, housing prospects, or other opportunities for years to come.
Assistance From the Lento Law Firm in Bergen County, NJ
The Criminal Defense Team at Lento Law Firm has extensive experience defending clients against disorderly persons charges in Bergen County. We can:
- Assess the charges and evidence
- Advocate on your behalf for acquittal during the bench trial
- Negotiate for charge reductions, lesser penalties, or dismissal
- Help you qualify for diversionary programs like Pre-Trial Intervention or Conditional Discharge, potentially leading to charge dismissal from your record
Although disorderly persons offenses are deemed "lesser" than more serious indictable crimes, their consequences can still impact your life significantly. Let the Lento Law Firm Team intervene to procure a more favorable outcome. Contact us at 888-535-3686 or fill out our online form.
