In New Jersey, a disorderly persons offense may not sound like a serious issue; however, the state's criminal justice sees it as no laughing matter. In Middlesex County and throughout New Jersey, convictions for relatively minor crimes can lead to penalties that include jail time and fines. To defend yourself, you're up against a judge solely, and without the guidance or representation of a qualified criminal defense attorney, you're at risk of creating a criminal background.
The Lento Law Firm Criminal Defense Team understands how New Jersey localities address disorderly persons offenses and is dedicated to the best outcome for your case. We're well known for successfully defending clients in Middlesex County, and we'll leverage our experience to help you build a winning defense strategy. Call us today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
What Is a Disorderly Persons Offense in New Jersey?
New Jersey's criminal justice system does not use the terms "misdemeanor" or "felony" like those states when labeling crimes. Instead, the state calls acts that are considered felonies in other states indictable offenses, with a ranking system of fourth-degree crimes (the least severe) and first-degree crimes (the most severe). A disorderly persons offense is analogous to a misdemeanor, linked to a variety of illegal activities like the following:
- Criminal mischief
- Harassment
- Possession of 50 grams of marijuana or less
- Resisting arrest
- Simple assault
- Shoplifting under $200
- Trespassing
Yet, there are some differences between minor violations like misdemeanors and disorderly persons offenses. Defendants have the opportunity for a trial by jury in many states, but that isn't the case for New Jersey. In Middlesex County and other localities throughout the state, a local judge adjudicates disorderly persons offenses in a bench trial.
Disorderly persons offenses also differ from petty disorderly offenses. Referred to as "infractions" in other states, petty disorderly offenses do not involve physical or financial harm and are linked to charges like offensive language and improper behavior.
Is a Disorderly Persons Offense Considered a Crime in New Jersey?
Interestingly enough, disorderly persons offenses are not technically crimes. In New Jersey, a crime is classified by two characteristics:
- Offenses requiring a grand jury indictment
- Offenses granting the accused the right to a trial by jury
Although disorderly persons offenses do not require an indictment and do not involve a jury trial, regardless, they are addressed through similar consequences.
Prosecuting Disorderly Persons Offenses in Middlesex County
Those charged with disorderly persons offenses in Middlesex County must appear in the municipal court of the locality where the incident took place. Therefore, if you were charged by law enforcement in East Brunswick, you would appear before a judge in the East Brunswick Municipal Court.
During the first hearing, you'll be formally read the charges against you and be asked to submit a plea—guilty, not guilty, or no contest. The case could advance to a bench trial immediately after, where the prosecution presents evidence, and you must argue in your defense before a judge who will then render a verdict. Otherwise, if an adjournment or continuance is requested, the trial might be rescheduled for a future date.
Even though a disorderly persons offense sounds like a minor incident, having an attorney present will drastically lessen the risk it places on your future. Your representation can argue with the judge for the charges to be dropped, reduce penalties from the maximum allowable, and even suggest alternative forms of redress like diversionary programs for community service groups.
Consequences of a Conviction
Disorderly persons offense convictions do not result in prison time. However, individuals may still wind up behind bars as the maximum penalty allowable under the law is six months in local jail and a fine not to exceed $1,000. Apart from incarceration and monetary penalties, the Middlesex County court can impose the following:
- Community service
- Driver's license suspension
- Probation
New Jersey offers diversionary programs that seek to replace jail time with more rehabilitative options. If the charges involve controlled substances, individuals may be eligible for the conditional discharge program. In non-drug cases, those convicted are guided toward the conditional dismissal program. Completion of either program results in the dismissal of the criminal charges but not expungement. Once dismissed, the disorderly persons offense will not appear on a background check.
The judge will determine if a defendant is eligible for one of the two programs through a myriad of factors, like previous arrest records, community involvement, and others. If ineligible for a diversionary program, a disorderly persons offense conviction will stay on a criminal record for five years. Unfortunately, convictions can derail chances to find employment in some industries, can be a barrier to occupational advancement, affect the ability to lease a residence, and be the foundation for future troubles with the New Jersey criminal justice system.
How the Lento Law Firm Criminal Defense Team Can Help
When you're charged with a disorderly persons offense, you need to take the situation with the seriousness it deserves. A minor criminal charge can quickly snowball into life-altering consequences. The moment Middlesex County moves forward with charges, you need the experienced criminal defense team at the Lento Law Firm.
We bring years of successful client representation with clients charged with disorderly persons offenses in Middlesex County and throughout New Jersey. As your dedicated defense team, we will ensure the following:
- Build a robust defense strategy before you enter the courtroom.
- Negotiate with the judge or Middlesex County prosecutors for a reduction or dismissal of charges.
- Help you apply for diversionary programs.
- Appeal the municipal court's decision, if necessary.
New Jersey courts take disorderly persons offense seriously—and you must, too. Trust the Lento Law Firm Criminal Defense Team can improve the probability you walk away with no criminal record or another favorable resolution. Call us at 888-535-3686 or fill out our confidential consultation form now.
