While a disorderly persons offense in New Jersey is not in the category of serious crimes, being charged with any criminal offense, regardless of how minor, should be treated as a serious matter. Conviction of even minor offenses in Somerset County and across New Jersey can result in penalties that include fines, jail time, and a criminal record that will appear every time someone—including prospective employers—runs a criminal background check on you. If you are charged with a disorderly persons offense, a qualified attorney can guide you through the process to achieve the best outcome possible in your case, and they can reduce or eliminate the chances that you will incur the maximum recommended sentence when you go before a judge.
The Lento Law Firm has extensive experience throughout Somerset County and New Jersey defending clients facing these charges, and we are very familiar with the inner workings of the courts in Somerset County. We will use that experience to the best advantage in your case. The Criminal Law Team at Lento Law Firm is committed to protecting your rights. To arrange a consultation, call us today at 888-535-3686 or fill out our online form.
What Is a Disorderly Persons Offense in New Jersey?
There are significant differences between New Jersey and many other states in the U.S. when it comes to disorderly persons offenses. Whereas most states categorize a disorderly persons offense as either a misdemeanor or felony, in New Jersey, the legal system uses the terms disorderly persons offense and indictable offense.
The indictable offense comprises four degrees of crimes and is like the system used to describe felonies in other states; these range from fourth-degree offenses such as money laundering or criminal trespassing to first-degree offenses including murder, rape, and kidnapping.
New Jersey's disorderly persons offense, meanwhile, is only somewhat similar in some ways to the misdemeanor charge in many other states. For example, while many states permit jury trials for trying misdemeanor charges, in New Jersey, a municipal court judge holds a bench trial to adjudicate charges of a disorderly persons offense.
A disorderly persons offense escalates to an indictable offense depending on the severity of the circumstances, for example, an offense that results in significant injury to a person.
Actions that result in charges of a disorderly persons offenses include the following:
- Simple assault
- Harassment
- Trespassing
- Shoplifting/petty theft (valued under $200)
- Possession of small amounts of drugs or related paraphernalia
- Resisting arrest
Is a Disorderly Persons Offense Considered a Crime in New Jersey?
A disorderly persons offense is not technically considered a crime in New Jersey, thanks to the narrow way New Jersey defines “crime”:
- An offense that requires that the accused has their case heard before a grand jury.
- An offense for which the accused has the right to a trial by jury.
A disorderly persons offense, on the other hand, does not require an indictment of the accused person, and it does not require a trial by jury. It has consequences like those for misdemeanor offenses in many other states:
- You can be convicted of a disorderly persons offense.
- You can be fined or incarcerated if convicted.
- If found guilty of a disorderly persons offense, the conviction can appear on criminal background checks.
Prosecuting Disorderly Persons Offenses in Somerset County, New Jersey
In Somerset County, disorderly persons offenses are handled in one of the several municipal courts located there; if you face such charges, you will need to appear in the municipal court serving the township or borough where the alleged offense occurred. For example, if the alleged offense took place in Buena Borough, your case would be heard in the Franklin Joint Municipal Court in Franklin, New Jersey.
At your first hearing, the municipal prosecutor will read the charges against you, and they will ask you to submit a plea of guilty, not guilty, or no contest. The case may then proceed to a bench trial immediately: The prosecution presents its case, and you may present your defense; the judge then renders a verdict. However, your attorney may pursue alternatives to a bench trial, including requesting an adjournment, resulting in the trial being scheduled for a later date; seeking dismissal of charges or reduced charges; or suggesting your participation in a diversionary program, which could lead to dismissal if you complete it.
Consequences of a Conviction
In New Jersey, the maximum penalty for conviction of a disorderly persons offense is up to six months in county jail and a fine of $1,000—it will not result in state prison time. For petty disorderly offenses, the penalties are up to thirty days in jail and a fine of up to $500. In addition, the court may also impose probation or community service and, in certain circumstances, suspend your driver's license.
In addition to the hardship of possible jail time, fines, and other conditions the court may mandate, there are the long-lasting effects of a conviction on your record. It may show up when anyone runs a criminal background check and may affect your employment prospects, ability to rent a home, and more.
How the Lento Law Firm Can Assist You
The Lento Law Firm has had years of success representing clients charged with disorderly persons offenses in Somerset County. Our Criminal Law Team can help with all aspects of your case, including:
- Evaluate the charges against you and prepare a solid defense;
- Negotiate with the municipal prosecutor or judge to reduce or dismiss the charges against you or reduce the penalties;
- Assist you in applying for diversionary programs such as Pre-Trial Intervention or Conditional Discharge; successful completion may lead to charges being dismissed, keeping your record clear.
The effects of a conviction for a disorderly persons offense in Somerset County can cascade for years, but the Lento Law Firm Team can improve your prospects for a favorable or more lenient resolution. Call us at 888-535-3686 or fill out our online form.
