New Jersey Disorderly Persons Offenses
What is a Disorderly Persons offense?
A Disorderly Persons Offense is a category of offense that can be related to a small amount of drugs, a simple assault, a petty theft, etc. Disorderly Persons offenses are handled in the municipal court of the municipality where the offense occurred.
Unlike a crime that is handled in a County Court, with a Disorderly Persons offense the defendant accused is not entitled to an indictment by a Grand Jury or a trial by jury. Any trial that takes place is heard in front of and decided by a municipal court Judge. A Disorderly Persons charge is considered an “Offense”, and not a “Crime”, such as an indictable offense that is handled in a County Court is considered.
An advantage of the crime/offense distinction is that certain collateral consequences are not available upon the conviction of a Disorderly Persons offense. For example, one does not lose the right to vote, nor is one automatically disqualified from serving on a jury.
Although Disorderly Persons charges are handled in the municipal court and are considered offenses instead of New Jersey Criminal Charges, a person convicted of one of these charges is subject to a variety of punishments, including incarceration and fines. In fact, a municipal Judge has in his or her discretion to fine a defendant up to $1,000.00 and incarcerate him or her for up to six (6) months in jail if they plead guilty or are found guilty of a Disorderly Persons offense. Certain Disorderly Persons offenses also carry with them the mandatory loss of driving privileges, even if the offense had nothing to do with operating a motor vehicle. There are additional statutory fines and penalties that can make a finding of guilt very costly to the defendant.
If you are charged with a Disorderly Persons offense in any municipality in the State of New Jersey, it is imperative that you contact an experienced criminal defense attorney in New Jersey as soon as possible. The consequences of a finding of guilt can be severe but there are often many avenues that an experienced attorney can take to help ensure that you will reach a satisfactory conclusion. Call the Law Offices of Lependorf & Silverstein at (609) 240-0040 for a free consultation.
