Monmouth County Disorderly Persons Offense Attorneys
In New Jersey, the criminal law system is composed of petty disorderly persons offenses, disorderly persons offenses, and indictable offenses. Disorderly persons offenses are comparable to what other states call misdemeanors, and indictable offenses (also known as crimes) are referred to as felonies in other states. Disorderly persons offenses are not crimes; therefore, there is no right to a trial by jury. However, the consequences of a conviction for these offenses include a criminal record, along with a possible jail sentence and other serious financial and personal implications. The defendant does retain a right to have a lawyer, and if they cannot afford one, the court is obligated to appoint counsel for them.
At Chamlin, Uliano & Walsh, our experienced criminal attorneys understand that the charges against you can cause worry and stress in Harvey Cedars, Middletown, Ocean Township, Lavallette, Manasquan, Belmar, and neighboring towns in Monmouth County, New Jersey. Your future is directly affected by the outcome of your case. A criminal record could prevent you from obtaining a lease, a loan, or a job, not to mention possible jail time. Our attorneys will develop the strategy required to represent you best. We will make sure your rights are protected. We are seasoned litigators who challenge evidence and work to protect your reputation and future opportunities. Contact one of our criminal defense lawyers if you have any concerns or need more details about charges for a disorderly persons offense in New Jersey. Call our office today for a confidential consultation at (732) 440-3950.
Disorderly Persons vs. Petty Disorderly Persons Offenses in New Jersey
There are two categories of criminal misdemeanors in New Jersey. The first is disorderly persons offenses. These are offenses that are punishable by up to six months in jail, a fine of up to $1,000, or both. Disorderly persons offenses are criminal offenses that are less serious than indictable offenses but more serious than petty disorderly persons offenses.
In New Jersey, a petty disorderly persons charge is a type of criminal offense that is less serious than a disorderly persons offense but more serious than a municipal ordinance violation. It is a low-level misdemeanor offense. These are offenses that are punishable by up to 30 days in jail, a fine of up to $500, or both.
Although there is a distinction between the levels of these offenses, both of these types of criminal charges are presented in municipal court instead of superior court before a grand jury. It is also important to note that either type of offense can have serious consequences, including fines, imprisonment, and a criminal record. Also, the court may order the defendant to perform a certain number of hours of community service or to pay restitution to the victim for any property damage or other losses resulting from the offense.
Frequent Disorderly Persons Offenses
Some of the most common disorderly persons offenses in New Jersey include: simple assault, possession of drug paraphernalia, shoplifting (less than $200 worth of goods), underage drinking, providing minors with alcohol, lewdness, criminal mischief (less than $500 in damages), trespassing, resisting arrest, obstruction of justice, and theft (less than $200).
Petty disorderly offenses are the least serious type of criminal offenses, and among the most common are disorderly conduct (offensive language and behavior), harassment (offensive language or behavior), mutual fighting, and some lesser types of trespassing.
Sentencing Alternatives Available For Disorderly Persons Offenses in NJ
There are possible sentencing alternatives for disorderly persons charges. For instance, there is the Veterans Diversion Program. This program in particular focuses on mental health issues such as depression, Post Traumatic Stress Disorder (PTSD), as well as anxiety disorders. The prosecutor is the gatekeeper for the program, which must be applied for. If the program is completed, all charges are dismissed. If not, the prosecution will proceed with the case and a conviction will result in a subsequent penalty.
There are other diversionary programs such as conditional dismissal and conditional discharge, during which the court may suspend the defendant’s case and place them on probation for a certain period of time. There may be conditions such as staying at a halfway house, attending substance abuse programs, or other educational programs. If the defendant complies with the terms of probation, the charges will be dismissed, and they will not have to serve jail time or have a conviction on their record.
For drug offenses, conditional discharge applies, which means that if the defendant complies with certain conditions, such as completing a drug or alcohol treatment program and taking regular drug tests, the charges will be dismissed. For either of these alternative programs, defendants whose charges involve gangs, organized crime, domestic violence, or DUI-related offenses are not eligible. Also, anyone who has participated in a program like this previously (successfully or not) is not eligible. Once the defendant has completed the program, the judge can dismiss the case.
Are Disorderly Persons Offenses Visible on a Criminal Record?
Yes, the original charges that have been filed will appear on a person’s criminal record. Whether a conviction shows up or not is determined by the outcome of the case, meaning whether the charges are dismissed, reduced to an ordinance violation, or the defendant is able to participate in an alternative sentencing program and have the charges dismissed after meeting all requirements. No matter what, you should always have excellent legal representation to get your record cleared through the process of expungement as soon as possible.
How Does Expungement Work for Disorderly Persons Cases in New Jersey?
Before looking at the conditions for expungement, remember that it is critical to have experienced representation to help you through the process to ensure that your application is handled properly and expeditiously. Also, there is a waiting period before you can apply for expungement. For disorderly persons offenses, the waiting period is typically five years from the date of your conviction, completion of probation, or release from jail or prison (whichever is later). You must not have been convicted of any other offense during the waiting period. This includes any indictable (felony) or disorderly persons (misdemeanor) offenses. You must have paid any fines, restitution, or other financial obligations associated with your offense. You must have completed all the terms of your sentence, including any probation or community service. You must not have any pending criminal charges or proceedings. The disorderly persons offense you seek to expunge must be eligible for expungement under New Jersey law. You cannot have previously had any indictable (felony) or disorderly persons (misdemeanor) convictions expunged in New Jersey or any other state.
It is important to note that this waiting period only applies to convictions, and the waiting period required is shorter for cases resulting in dismissal after successfully completing an alternative sentencing program. 
Statute of Limitations For Disorderly Persons Charges in NJ
The statute of limitations for disorderly persons charges is one year according to the law, N.J.S.A. 2C:1-6. This means that charges for disorderly persons offenses must be filed within one year from the date that the alleged offense occurred. If charges are not filed within this time period, they may be dismissed because the prosecution is barred from proceeding by virtue of being out of time.
It’s important to note that the statute of limitations can vary depending on the specific offense, so it’s always a good idea to consult with a qualified attorney if you have questions about the applicable statute of limitations for a particular offense.
We Defend Clients Charged with Disorderly Persons Offenses in New Jersey
Being accused of breaking the law is never something to ignore. Having a lawyer by your side for a disorderly persons offense in New Jersey can help ensure that your rights are protected, your defense is strong, and the consequences of a conviction are minimized as much as possible. Consult with a qualified criminal defense lawyer at our Monmouth County law firm if you have been charged with a disorderly persons offense in Neptune, Howell, Belmar, Holmdel, Red Bank, and towns along the Jersey Shore to better grasp the implications of the accusations made against you. Our team of attorneys at Chamlin, Ulinano, and Walsh is always pleased to help people who may be in need of criminal legal representation. Contact us at (732) 440-3950 to speak with an attorney or please feel free to contact us online.