Facing charges for a disorderly persons offense in Camden County, New Jersey may seem insignificant on the surface. One assumes that a minor offense comes with minor consequences. However, in New Jersey, a conviction for even a minor offense can have significant repercussions, such as fines, jail time, and a criminal record that can affect your life for many years. Furthermore, disorderly persons offenses do not include a right to a jury trial in New Jersey; instead, a judge will render the verdict on the basis of the evidence presented. Without a knowledgeable New Jersey criminal defense attorney in your corner, you risk facing the maximum penalties under the law.
Whether you're confronting charges like simple assault, shoplifting, or resisting arrest--regardless of the severity of the offense, facing a judge in court is not something you should attempt on your own. The Lento Law Firm's Criminal Defense Team is well-versed in defending against disorderly persons charges in Camden County and throughout New Jersey. Our extensive understanding of local court procedures enables us to advocate effectively on your behalf for the most favorable outcome. Take steps now to protect your future. To arrange a consultation, call us at 888-535-3686 or fill out our online form.
What Is a Disorderly Persons Offense in New Jersey?
To answer this question, we must understand that New Jersey's legal system uses different terminologies than most states in identifying crimes. While felony-level charges are referred to as "indictable offenses" in New Jersey, lesser offenses at the misdemeanor level are categorized as "disorderly persons offenses." Further, infraction-level offenses are called "petty disorderly persons offenses."
Common disorderly persons offenses include:
- Harassment
- Simple assault
- Shoplifting/theft (valued under $200)
- Possession of more than one ounce of marijuana)
- Resisting arrest
While comparable to misdemeanors in severity, disorderly persons offenses are handled differently in New Jersey than misdemeanors in other states. Typically, with misdemeanors, the defendant has the option of a jury trial; in New Jersey, no such option exists for a disorderly persons offense. Rather, these cases are decided by a municipal court judge in a bench trial held at the local municipal court. (This is why it's so important to have legal representation in New Jersey, even for minor offenses.)
Depending on the circumstances and severity of the offense, some disorderly persons offenses may also be escalated to indictable offenses. If you are accused of shoplifting, for example, it would be a disorderly persons offense if the value of what you allegedly stole was $200 or less. If the value exceeds $200, it would be an indictable offense.
Is a Disorderly Persons Offense a Crime in New Jersey?
Technically, no--but in practice, it's treated very much as a crime. Under New Jersey law, the definition of a crime is an offense requiring a grand jury indictment and giving the defendant the right to a trial by jury. With a disorderly persons offense, neither of these criteria apply--so it cannot be labeled a crime. However, in all other ways, the repercussions of a disorderly persons offense mirror those of criminal charges. Specifically:
- You can be convicted of the offense;
- You can go to jail for the offense; and
- The offense will generate a criminal record if you're convicted.
Prosecuting Disorderly Persons Charges in Camden County, NJ
If you're charged with a disorderly persons offense in Camden County, the case will be processed by the municipal court covering the area where the incident allegedly happened. For example, offenses occurring in Oaklyn, Brooklawn, or Mount Ephraim are addressed at the Oaklyn Municipal Court, which serves these communities. Depending on the court's procedures, your hearing could be conducted virtually via Zoom or in person.
During your initial court appearance, you'll be formally informed of the charges and asked to enter a plea (guilty, not guilty, or no contest). Depending on the circumstances, the case might immediately proceed to a bench trial during the same session, where both the prosecution and defense present their arguments before a judge, who then issues a verdict. Alternatively, a future court date might be set, or your attorney may seek an adjournment to negotiate a dismissal or reduction of charges, or to consider your eligibility for a diversionary program that could nullify the charges.
It is vital to have legal representation to navigate these proceedings and explore all potential avenues for a favorable outcome.
Implications of a Conviction
Being convicted of a disorderly persons offense in New Jersey doesn't mean state prison, but you could still face some jail time. The maximum penalties for such offenses include:
- Fines up to $1,000; and/or
- Up to six months in county jail.
For petty disorderly persons offenses, the maximum penalties are:
- Fines up to $500; and/or
- Up to 30 days in jail.
With a solid legal defense, many cases result in little to no jail time, with probation often being a more likely outcome. First-time offenders may also be eligible for diversionary programs like Pre-Trial Intervention or Conditional Discharge, which could lead to charges being dismissed upon completion. However, a conviction can still appear on background checks, impacting your job prospects, housing, and other opportunities for years.
Defending Your Rights in Camden County, NJ
The Lento Law Firm's Criminal Defense Team boasts a strong record of success in defending clients against disorderly persons charges in Camden County and other parts of New Jersey. To protect your rights, we can:
- Evaluate the charges and evidence against you
- Advocate for acquittal during the bench trial
- Negotiate with the judge, and prosecutors reduced charges, reduced penalties, or dismissal of the charges
- Help you apply for diversionary programs such as Pre-Trial Intervention or Conditional Discharge, which can help you avoid a criminal record.
Though seen as minor compared to indictable offenses, a disorderly persons offense conviction can still have a significant impact on your life. The Lento Law Firm Team is committed to helping secure a favorable outcome for your case. Contact us at 888-535-3686 or complete our online form.
