It's easy to assume that catching a relatively minor charge like a disorderly persons offense in Sussex County, New Jersey, is not worth much concern. However, any charge that can lead to a criminal conviction requires the most serious attention and the counsel of a qualified criminal defense attorney. Conviction for crimes categorized as disorderly persons offenses, such as shoplifting or trespassing, can result in fines, jail time, and a permanent criminal record, one that will arise to impede you every time someone runs a criminal background check on you.
When facing charges for a disorderly persons offense, an experienced criminal defense attorney can help you understand and navigate the process, and they can use their understanding of the legal system and their familiarity with the courts in Sussex County to secure the best possible outcome in your case. They can reduce or eliminate the chances that the judge will recommend the maximum sentence and may even be able to get the charges against you dismissed.
Let the Lento Law Firm use its extensive experience throughout Sussex County and New Jersey defending clients facing these charges to help you. The Criminal Defense 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 Constitutes a Disorderly Persons Offense in New Jersey?
When it comes to disorderly persons offenses, New Jersey differs in significant ways from many other states in the U.S. New Jersey does not use the terms misdemeanor or felony to categorize a disorderly persons offense as most states do. Instead, the New Jersey legal system uses the terms disorderly persons offense and indictable offense.
Like the felony charge in other states, the New Jersey indictable offense category has four degrees of crimes, and they range from crimes like kidnapping, rape, and murder, which are indictable offenses of the first degree, down to fourth-degree offenses such as criminal trespassing or money laundering.
The New Jersey disorderly persons offense, however, differs significantly from its misdemeanor counterpart in other states. In New Jersey, a defendant facing disorderly persons charge goes before a municipal court judge in a bench trial, while many other states permit jury trials for misdemeanor offenses.
In New Jersey, a disorderly persons offense may escalate to an indictable offense depending on whether someone is significantly injured during the commission of the offense, for example, or if there are other severe circumstances.
Examples of actions that may lead to 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?
New Jersey has a narrow definition for “crime” —it is an indictable offense that requires that a grand jury hears the crime, and the accused has a right to a trial by jury. A disorder persons offense, meanwhile, has consequences like those for misdemeanor offenses in most other states—if you are convicted, you can be fined or incarcerated, and the conviction can appear on criminal background checks.
Prosecuting Disorderly Persons Offenses in Sussex County, New Jersey
There are several municipal courts in Sussex County, New Jersey, and if you are charged with a disorderly persons offense, your case will be heard in the municipal court that serves the borough or township where the alleged offense occurred. For example, the Ogdensburg Municipal Court is at 14 Highland Avenue in Ogdensburg.
During your first appearance for a disorderly persons offense, the court will present the charges against you, and your attorney will submit a plea—guilty, not guilty, or no contest—on your behalf, or they may try to negotiate a plea bargain with the prosecutor. If you plead not guilty, the case proceeds to a bench trial, during which the prosecutor presents the case against you, and then your attorney responds with your defense, and the presentation by either side may include evidence, testimony, and witnesses; the judge then renders a verdict. Your attorney may also request that the court dismiss or reduce the charges, adjourn the trial to a later date, or ask that you participate in a diversionary program; after you complete it successfully, your charges may be dismissed.
Consequences of a Conviction
In New Jersey, a conviction for a disorderly persons offense does not result in state prison time, but you may need to serve up to six months in the county jail and pay a fine of $1,000. The penalties for petty disorderly offenses are up to thirty days in jail and a fine of up to $500. You will also be required to be on probation and engage in community service, and your driver's license may be suspended. The conviction will appear on your criminal record and will show up whenever someone runs a criminal background check.
How the Lento Law Firm Can Assist You
The Lento Law Firm has extensive experience in Sussex County handling disorderly persons cases for clients like you, and they will provide the advice and representation you need to achieve the best outcome possible in your case. Our Criminal Defense Team can manage all aspects of your case, including:
- Reviewing and evaluating the charges you face and developing a robust defense strategy;
- Negotiating with the prosecutor or judge to reduce or dismiss the charges against you or reduce the penalties;
- Assist you with your applications to diversionary programs such as Pre-Trial Intervention or Conditional Discharge. If you complete them successfully, charges against you may be dismissed, leaving your record clear.
While a disorderly persons charge may seem minor, the effects of a conviction in Sussex County can cascade for years. The Lento Law Firm Team is dedicated to giving you the best chance possible for a favorable or more lenient resolution of your case. Call us at 888-535-3686 or fill out our online form.
