Despite sounding less than threatening to many, a disorderly persons offense can easily wreak havoc in anyone's life. No matter your age, occupation, or income level, a minor criminal charge, like obstruction or trespassing in Salem County, New Jersey, can become a conviction. Even first-time offenders can serve jail time for up to six months, and since there's no jury requirement, you'll face a judge alone.
Creating a criminal record will put your job and your personal reputation at risk. When Salem County charges you, your trusted ally for a robust defense is the Lento Law Firm. Our team provides comprehensive guidance and attention to detail dedicated to clearing your name. Call the Lento Law Firm Criminal Defense Team 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?
The framework for criminal charges in New Jersey stands out when compared with the systems of other states. Critically, misdemeanors and felonies, as such, do not exist. Instead, New Jersey labels charges akin to felonies in neighboring states as "indictable offenses," with a ranking system (first-degree through fourth-degree) where a first-degree offense is the most severe and a fourth-degree offense is the least severe.
Whereas misdemeanors in other jurisdictions are stratified across a more detailed spectrum, New Jersey simplifies with two distinct categories: disorderly persons offenses and petty disorderly person offenses. Charges like improper behavior or offensive language are relegated to the petty disorderly persons category, considered "infractions" in other states. Disorderly persons offenses are likened to misdemeanors that result in little to no financial or physical harm to the victim, such as:
- Criminal mischief
- Lewdness
- Possession of less than 50 grams of marijuana
- Writing bad checks
- Shoplifting under $200
- Simple assault
Although the laws of New Jersey and other states are similar in essence, there is a big difference between disorderly persons offenses and misdemeanors. In New Jersey, the accused does not have the opportunity for a jury trial like those charged with misdemeanors. Because of that distinction, defendants are subject to a bench trial with a lone judge.
Prosecuting Disorderly Persons Offenses in Salem County
Typically, the first court appearance for those charged with disorderly persons offenses is for arraignment. Defendants must attend the first hearing at the municipal court in the locality where the incident took place. In Salem County, one location adjudicates criminal charges—the Salem County Courthouse at 92 Market Street in Salem.
During the appearance, the judge reads the charges against the defendant, and they will enter a plea of "guilty,” "not guilty," or "no contest," meaning accepting the conviction without admitting guilt to the judge. Since a disorderly persons offense does not require a jury, the case could move to trial immediately. Salem County prosecutors will present their case with supporting evidence. Depending on the details of the offense, it may include:
- Photos or CCTV footage of the alleged act.
- Texts, phone calls, or emails from cooperating witnesses.
- Live testimony from victims and any responding officers.
- Other forms of evidence supporting the defendant's guilt.
Having an attorney represent you will mitigate the effects a disorderly persons offense can have. They can scrutinize the evidence against you and challenge unlawful police conduct, investigations, or collection methods. An attorney will cross-examine witnesses, law enforcement, or emergency personnel and act as a buffer between you and the questions the judge or the prosecution has. Moreover, they will advocate for the dismissal of charges and any reduction in penalties if the judge renders a guilty verdict.
Consequences of a Conviction
Fortunately, those convicted of a disorderly persons offense in New Jersey do not face imprisonment. However, penalties are steep, with maximum punishments of:
- Six months in a Salem County jail
- $1,000 fine
The judge also has the discretion to impose other sanctions, which may vary depending on the particulars of the case. Defendants may face community service hours, probation, anger management classes, or even suspension of their driver's license.
In many cases, especially for first-time offenders, options exist to avoid jail time in favor of alternative programs that promote restoration. New Jersey offers conditional discharge and conditional dismissal programs, which operate much like the pre-trial intervention program used for indictable offenses. In drug-related violations, individuals may be eligible for the conditional discharge program, which requires drug testing and assignment to a probation officer. For non-drug charges, the conditional dismissal program requires the defendant to remain trouble-free for one year.
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. Completion results in the dismissal of the charge and will not appear on a background check.
Convictions can harm a myriad of personal and professional undertakings. For instance, criminal charges can lead to disciplinary action from professional licensing boards, placing livelihoods at risk. For those applying to colleges or universities, a disorderly persons offense can lead to admission personnel choosing another applicant without a criminal record. Furthermore, it can upset creditworthiness when leasing an apartment or home and disqualify individuals from taking out some loans.
How the Lento Law Firm Criminal Defense Team Can Help
Those charged with disorderly persons offenses must take the situation as seriously as Salem County does. Minor criminal convictions can quickly become barriers to normal life and put you and your family at unnecessary risk. When you become aware of charges, trust Lento Law Firm to fight for your best outcome.
Our team is well-known in Salem County, serving its residents for years with reassuring representation before judges and against county prosecution. As your trusted ally in the New Jersey criminal justice system, we will ensure:
- You understand the charges and how we plan to argue on your behalf.
- Your right to a fair trial is upheld.
- Every means of redress or appeal is exhausted.
- Assistance in completing any diversionary programs.
Act fast to put criminal charges behind you and get back to your everyday life. 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.
