What is a Disorderly Persons Offense?
Under New Jersey law, disorderly persons or a petty disorderly persons misdemeanors are the most frequently occurring non-traffic charges prosecuted in New Jersey’s Municipal Courts. If you have been charged and convicted with this offense, you will have a criminal record that will be seen if anyone were to conduct a background check on you.
As such, it is vital that you have an experienced defense attorney, such those as at The Law Office of Benjamin Friedman litigating on your behalf. With decades of experience, our attorneys work hard to see that your charge has been downgraded or altogether dismissed when possible.
Common Disorderly Persons Charges in NJ
The following are some of the most common disorderly persons charges prosecuted in New Jersey.
Disorderly Persons vs. Criminal Offense in NJ
In New Jersey Code, violations of the law can either be classified as crimes or offenses. Offenses of disorderly persons charges are what other states term misdemeanors. Crimes, on the other hand, are more serious offenses that are referred to as felonies in other states. The latter offenses are those who carry the possibility of incarceration for more than six months. Individuals facing criminal charges are entitled to present their case before grand juries, and such offenses are known as indictable offenses. Individuals arrested for disorderly persons charges, on the other hand, do not have a right to a grand jury because these are non-indictable offenses that have a maximum jail term of 180 days.
Disorderly Persons Penalties in NJ
Under the NJ Disorderly Persons Act, those who have been convicted of either disorderly persons or petty disorderly persons offenses may be looking at:
- Up to six months’ jail term
- Monetary fines not exceeding $1,000, subject to the court’s discretion
- $33 court costs
- All offenses carry compulsory charges of $50 for assessment in the VCCB – Victims of Crime Compensation Board
- $75 mandatory charge to the Safe Neighborhood Services Fund
NJ Disorderly Persons Statute of Limitations
Simple disorderly persons offenses have a statute of limitations for the prosecution. This implies that complainants and state prosecutors alleging any of the above have a term during which the case must be brought to court. This period is currently 12 months from the time of commission, after which the complaint may not be brought to court.
NJ Disorderly Persons Record Expungement
Persons that have been convicted of disorderly persons offenses may apply for an expungement five years after conviction, completion of probation, or settlement of fines or surcharges, whichever comes later. This privilege is only applicable for individuals who have three convictions or less and who have never been convicted of an indictable crime.
New Jersey Disorderly Persons Defense Attorney
Even if the charges against you do not seem serious, you still need to make sure that you have an experienced defense team. A criminal record can get in the way of many things in your life, including promotions at work or gaining further employment.
Contact The Law Office of Benjamin Friedman to schedule your free consultation with our experienced defense lawyer in New Jersey. Our office is conveniently located in Marlton, New Jersey.