When New Jersey residents learn that their disorderly persons offense is not a serious crime, it's natural to breathe a sigh of relief and relax. However, this nonchalant attitude can quickly lead to a conviction, and convictions for even minor offenses still mean possible jail time, fines, and a criminal record that follows you for years. When defending against a disorderly persons offense, you don't have the opportunity to appeal to a jury. Instead, a judge makes all the decisions, and how you present and defend yourself often makes all the difference.
Working with the Lento Law Firm gives you the best chance of success in avoiding a conviction and keeping your criminal record spotless. If you are charged with a disorderly person offense in Passaic County, don't wait until it's too late. Call our Criminal Defense Team today at 888-535-3686 or fill out our online form.
What Is a New Jersey Disorderly Persons Offense?
In most US jurisdictions, minor violations are misdemeanors, while more serious offenses are felonies. But in New Jersey, this isn't the case. New Jersey instead opts for the terms disorderly persons offense and indictable offense.
Indictable offenses are similar to felonies in other states, categorized into first through fourth-degree crimes. Disorderly persons offenses take on the role of misdemeanors, with some differences. Importantly, disorderly persons offenses do not grant the accused the right to a jury trial. Instead, municipal court judges adjudicate these lower-level offenses through "bench trials."
Disorderly persons offenses look very similar to what you would expect from misdemeanor classifications, including common violations such as:
- Shoplifting/petty theft under $200 in value
- Minor drug violations or possession of paraphernalia
- Trespassing
- Lewdness
- Harassment
- Simple assault
Violations that begin as disorderly persons offenses can easily escalate to indictable offenses given a slight change in circumstances. If someone steals slightly more than $200 of goods from a store, that minor increase can lead to much greater scrutiny and harsher criminal charges. Similarly, the definition of simple assault is narrow, and charges can become second or third-degree indictable offenses given slightly different circumstances.
Are Disorderly Persons Offenses a Crime in New Jersey?
New Jersey does not technically classify disorderly persons offenses as crimes, as the state's definition of a crime requires that the offense:
- Requires a grand jury indictment
- Grants the defendant accused of the offense the right to a jury trial
As we mentioned, disorderly persons offenses differ slightly from misdemeanors in other states. Since New Jersey disorderly persons offenses do not require an indictment and are settled through bench trials, they are not "crimes" under New Jersey law.
However, just because these offenses are not technically crimes does not mean they don't raise many of the same issues as criminal violations in other states. If you are charged with a disorderly persons offense in Passaic County, you can still:
- Be found guilty of that offense
- Gain a criminal record discoverable by background checks
- Face jail time, fines, and other penalties
New Jersey's unique way of classifying crimes and low-level violations should not dissuade you from forgoing legal representation to protect against them. Since convictions for disorderly persons offenses can introduce innumerable issues into your life and lead to jail time, it's better to think of them as crimes and prepare a defense accordingly.
Prosecuting Disorderly Persons Offenses in Passaic County, New Jersey
If you are charged with a disorderly persons offense in Passaic County, New Jersey, you won't have to travel far to appear in court. Disorderly persons offenses are heard in local municipal courts, and you are required to appear in the local court where the incident took place. You might need to appear in Paterson, Prospect Park, or Ringwood, depending on the specifics of your case.
Your first appearance in municipal court will be the first time a judge formally reads the charges against you. Then, you will be asked to submit a plea of guilty, not guilty, or no contest. After you plea, the judge may immediately initiate a bench trial, where you must respond to the prosecution's evidence and arguments to defend yourself. Afterward, the judge overseeing the trial can render a verdict.
A bench trial isn't the only option. In some cases, you or your defense attorney can request an adjournment and postpone the trial to a later date. Alternatively, your attorney can negotiate for a lesser punishment, a dismissal of your charges, or any other avenue to avoid a conviction, such as diversionary programs.
Consequences of a Disorderly Persons Offense Conviction
As mentioned, disorderly persons offenses are not legal crimes, but they still carry punishments that you want to avoid. Although these offenses can never result in imprisonment in a New Jersey state prison, they can lead to six months in a county jail and a fine of $1,000. For convictions for petty disorderly offenses, which are even less severe violations in New Jersey, the typical maximum punishments are 30 days in a county jail and fines up to $500.
Remember, fines and imprisonment in a county jail are not the only aspects of a conviction to worry about. You may also face:
- Community service requirements
- Driver's license suspensions
- Probation
- Future issues arising due to your conviction status, such as employment and housing concerns
Going through life without a conviction for a disorderly persons offense will always be easier, even if your initial punishment isn't severe.
The Lento Law Firm Protects Passaic County Residents
The Lento Law Firm Criminal Defense Team has the experience needed to protect you from disorderly persons offense charges in Passaic County. Despite their unique classification and less severe punishment possibilities, a conviction for a disorderly persons offense can follow you for years and upend your life in unexpected ways. Bench trials may catch you off guard, and you always want experienced defense attorneys by your side to protect your future.
The Lento Law Firm understands what it takes to defend Passaic County residents, and we have a deep knowledge of New Jersey criminal law to draw upon when arguing your case. Our Criminal Defense Team will craft a thorough defense to all charges, aim for dismissals and minimal punishment during bench trial argumentations, and negotiate with local prosecutors to secure the best deal. New Jersey also has many diversion programs, such as the Pre-Trial Intervention Program and Conditional Discharge, that can help keep your record free from convictions.
Disorderly persons offenses are typically much less severe than indictable offenses, but they still require a solid defense if you want to safeguard your future. Call the Lento Law Firm today at 888-535-3686 or contact us through our website to get started on your defense.
