Someone charged with a disorderly persons offense in New Jersey may not think it's a big deal. However, minor criminal charges like shoplifting or trespassing can turn into convictions that merit time behind bars. Unless you have the advice or representation of an experienced criminal defense attorney, defending yourself in Monmouth County and throughout New Jersey means you'll appear before a judge alone.
To mitigate the risk of creating a criminal background, get in touch with the Lento Law Firm Criminal Defense Team. We have a firm grasp on how disorderly persons offenses can plague people for years to come and the nuances of how New Jersey localities address those criminal offenses. We're well known for successfully defending clients in Monmouth County and are dedicated to the best outcome for your case. 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?
Most are familiar with the terms "misdemeanor" or "felony" as two distinct levels of crimes. However, New Jersey's criminal justice system uses different language.
The state refers to criminal acts labeled as felonies in other states as "indictable offenses," which are then ranked by degree (one through four) depending on the severity. Disorderly persons offenses are akin to misdemeanors, which typically result in little to no financial or physical harm and are used to charge an array of illegal activities like:
- Lewdness
- Criminal mischief
- Obstruction
- Writing bad checks
- Shoplifting under $200
- Simple assault
- Trespassing
Strictly speaking, disorderly persons offenses are not technically crimes. In New Jersey, a crime requires a grand jury indictment and grants the accused the right to a jury trial. Although disorderly persons offenses require neither, they are addressed through the criminal justice system.
Despite the similarities in the spirit of the law, there is a big difference between disorderly persons offenses and misdemeanors. In New Jersey, individuals charged with a crime like obstruction do not have the opportunity for a jury trial like those charged with misdemeanors in other states. Therefore, if you're charged with a disorderly persons offense in Monmouth County, a local judge presides solely over the case in a bench trial.
Prosecuting Disorderly Persons Offenses in Monmouth County
Those charged with disorderly persons offenses in Monmouth County must appear in the municipal court in the locality where the incident took place. For instance, if you were charged by police in Middletown Township, you would appear before a judge in the Middletown Township Municipal Court. Defendants are formally read their charges by the judge and must enter a plea of:
- Guilty: Admitting involvement with the crime.
- Not guilty: Denying involvement to face trial.
- No contest: Accepting the conviction without admitting guilt.
Since a disorderly persons offense does not require a jury, the case could advance to a bench trial immediately following. The Monmouth County prosecution will present evidence against you, and if you haven't retained the help of an experienced defense attorney, you're forced to make a compelling argument why the judge shouldn't render a guilty verdict.
Even though a disorderly persons offense sounds like a minor incident, having an attorney present will lessen the threat it places on your future. Your legal representation can argue for:
- Dismissal of the charges
- Continuance to increase time for evidence collection
- Reduction of penalties from the maximum
- Alternative forms of punishment, like diversionary programs
At the end of the bench trial, the judge may move to impose a sentence if the prosecution lays out a convincing case against you.
Consequences of a Conviction
Disorderly persons offense convictions do not result in prison time. Yet, that doesn't mean individuals won't wind up behind bars. The maximum punishment a Monmouth County judge can levy is six months in local jail and a $1,000 fine. Apart from confinement and financial punishments, the judge can impose others like community service, probation, and even suspend a driver's license in some cases.
As an alternative to jail time and to promote rehabilitative efforts, New Jersey offers diversionary programs for those charged with disorderly persons offenses. If controlled substances are at the center of the offense, individuals may be eligible for the conditional discharge program. Otherwise, those convicted will enter a conditional dismissal program. Completion results in the dismissal of the criminal charge and will not appear on a background check. However, the charges are not expunged. Judges determine eligibility through multiple factors, such as prior community involvement, previous convictions, and the risk of re-offense. If ineligible, a conviction remains on a criminal record for five years.
Although minor, convictions can ruin the opportunity to apply for and become licensed in some industries, become a barrier to leasing a home, and can be the grounds for future conflicts with the criminal justice system.
How the Lento Law Firm Criminal Defense Team Can Help
When you face a disorderly persons offense in Monmouth County, you need to take the situation seriously. Seemingly minor criminal charges can quickly swell into consequences that leave you reeling for years. As soon as Monmouth County charges you with a disorderly persons offense, you need the experienced criminal defense team at the Lento Law Firm.
Our team brings to the table years of client representation with disorderly persons offenses in Monmouth County and throughout New Jersey. As your dedicated defense team, we will ensure the following:
- Negotiate to have the charges lessened or dismissed.
- Guide you in applying for and completing diversionary programs.
- Appeal the municipal court's decision, if necessary.
Since New Jersey courts can send you to jail for a disorderly persons offense, you must act quickly to address the potential consequences. Put your trust in the Lento Law Firm Criminal Defense Team for the best resolution possible. Call us at 888-535-3686 or fill out our confidential consultation form now.
