Disorderly Persons Defense—Hudson County

If you've been accused of a disorderly persons offense in Hudson County, New Jersey, don't be fooled into thinking it's "not a big deal" because it's technically a minor offense. In New Jersey, a conviction, even for lesser offenses like simple assault, trespassing, or shoplifting, can potentially result in fines, jail time, and even a lasting criminal record that can haunt you for years. Furthermore, if you are summoned to court over a disorderly persons offense, your case will be decided by a judge, not a jury--which means your penalties will be decided by one judge who may or may not be inclined to show mercy. If you take this charge lightly and choose to appear in court without a lawyer representing you, the chances are much higher that you will incur the maximum penalty for the offense.

Fortunately, with the right New Jersey criminal defense attorney in your corner, you have a much better chance of minimizing the damage and obtaining a favorable resolution. The Lento Law Firm's Criminal Defense Team has extensive experience in defending disorderly persons offenses in Hudson County and throughout New Jersey. We possess in-depth knowledge of the Hudson County court systems and will use this knowledge to obtain the best possible outcome for your situation. To schedule a consultation, contact us today at 888-535-3686 or complete our online form.

What Is a Disorderly Persons Offense?

To answer this question, we must understand that New Jersey describes crimes with different terminologies than most states. While many states categorize lesser offenses as misdemeanors and more serious offenses as felonies, New Jersey uses the terms disorderly persons offense and indictable offense, respectively. In other words, a 1st, 2nd, 3rd, or 4th-degree indictable offense is akin to a felony in New Jersey, while a disorderly persons offense is akin to a misdemeanor.

That said, disorderly persons offenses are handled differently in New Jersey than misdemeanors are in other states. While misdemeanor defendants typically have the right to a jury trial, disorderly persons offenses are only tried by a judge in a "bench trial" with no jury.

Common examples of disorderly persons offenses in New Jersey include:

  • Harassment
  • Simple assault
  • Trespassing
  • Shoplifting or petty theft (items valued under $200)
  • Possession of more than one ounce of marijuana
  • Resisting arrest

Is a Disorderly Persons Offense Considered a Crime in New Jersey?

Technically, no--a disorderly persons offense is not legally categorized as a crime. However, the primary reason for this has to do with New Jersey's legal definition of a crime. Under state law, a crime is an offense that a) requires a grand jury to indict you and b) affords you the right to a trial by a jury of your peers. Since disorderly persons offenses don't meet either of these criteria, they do not fall under the "crime" classification in New Jersey.

Even so, in all other respects, the consequences associated with a disorderly persons offense are effectively the same as a crime, meaning:

  • You can be convicted of a disorderly persons offense;
  • You may incur fines and face potential jail time; and
  • The resulting conviction can appear on criminal background checks.

Prosecuting Disorderly Persons Offenses in Hudson County, New Jersey

When you're charged with a disorderly persons offense in Hudson County, NJ, you will be summoned to appear in the municipal court that has jurisdiction over the location of the alleged offense. For example, if the incident took place in Union City, the Union City Municipal Court on Palisade Ave would handle your case.

At your initial hearing, the charges will be formally read, and you'll be prompted to enter a plea—guilty, not guilty, or no contest. During this hearing, your attorney may also negotiate for a reduction or dismissal of the charges or for lenient penalties. The case might proceed to a bench trial immediately, where the prosecution presents evidence, you defend yourself before the judge, and the judge decides the verdict. The court may also set the trial date for later, or your attorney may move for an adjournment either to negotiate a plea agreement with the prosecutors or to explore your eligibility for a diversionary program, which could cause the charges to be dismissed on completion.

Consequences of a Conviction

In New Jersey, a disorderly persons offense conviction does not lead to state prison time. The maximum penalty is up to six months in county jail and a $1,000 fine. For petty disorderly offenses (akin to infractions in other states), penalties are lighter, with up to 30 days in jail and a maximum $500 fine. With proper legal representation, however, it's common for defendants to receive little or no jail time for disorderly persons offenses. The court may opt instead for probation or, in some cases, to dismiss the charge for lack of evidence. If you're eligible for a diversionary program like Pre-Trial Intervention, completing the program successfully will also result in no jail time and a dismissal of the charges.

Remember, though, that any conviction can have long-term repercussions beyond the immediate penalties. A conviction might show up on criminal background checks, potentially affecting job opportunities, housing prospects, and other areas of life. This is why having a skilled criminal defense attorney is so important, even for minor offenses.

How the Lento Law Firm Can Assist

With extensive experience in handling disorderly persons offenses in Hudson County, the Lento Law Firm is well-equipped to represent clients effectively. Our Criminal Defense Team can:

  • Review the charges you face and craft a strong defense plan;
  • Advocate on your behalf for acquittal at your bench trial;
  • Engage in negotiations with prosecutors or the municipal court judge for charge reductions, lighter penalties, or even a complete dismissal of charges; and/or
  • Guide you through the process of applying for diversionary programs like Pre-Trial Intervention or Conditional Discharge, which can potentially lead to charge dismissal and help maintain a clean record.

While disorderly persons offenses may seem minor, they are treated with gravity by New Jersey courts, and they should be taken seriously. A conviction in Hudson County can have lasting repercussions on your life. The Lento Law Firm Team is committed to improving your chances for a positive or more lenient outcome. Reach out to us at 888-535-3686 or fill out our online form.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu