Disorderly Person FAQs

As a practicing attorney in New Jersey for over 25 years, I handle disorderly persons offenses regularly. If you or a loved one has been charged with a disorderly persons offense in New Jersey, I’m sure you have some questions. The most common are listed below:

What Is a Disorderly Persons Offense in New Jersey?

A disorderly persons offense in New Jersey is a lower-level criminal offense, similar to a misdemeanor in other jurisdictions. It is not considered a felony, but it is more serious than a petty disorderly persons offense. Some common examples of disorderly persons offenses include simple assault, shoplifting (when the value of the items is less than $200), harassment, possession of marijuana under 50 grams, and disorderly conduct.

What Are the Potential Penalties for a Disorderly Persons Offense in New Jersey?

If convicted of a disorderly persons offense in New Jersey, the potential penalties can include up to six months in jail, a fine of up to $1,000, probation, community service, restitution, and other court-imposed conditions. For a petty disorderly persons offense, the maximum jail sentence is 30 days, and the maximum fine is $500.

Will a Disorderly Persons Offense Conviction Result in a Criminal Record in New Jersey?

Yes, a conviction for a disorderly persons offense will result in a criminal record in New Jersey. This can have a significant impact on your future, including employment opportunities, housing, and education.

Can I Expunge a Disorderly Persons Offense From My Record in New Jersey?

In New Jersey, you may be eligible to expunge a disorderly persons offense from your record after a certain period has passed since the conviction, typically five years. However, certain conditions must be met, such as having no other criminal convictions and not having any pending charges. An experienced criminal defense attorney can help you determine your eligibility for expungement and guide you through the process.

How Can a Criminal Defense Attorney Help You With a Disorderly Persons Charge in New Jersey?

A skilled criminal defense attorney can help you navigate the legal process, protect your rights, and develop a strong defense strategy. They can negotiate with the prosecutor on your behalf, potentially reducing the charges or obtaining a favorable plea agreement. If your case goes to trial, an attorney can advocate for you in court and present evidence and arguments to achieve the best possible outcome.

What Are Disorderly Persons Offenses in New Jersey?

In New Jersey, disorderly persons offenses are low-level criminal offenses, similar to misdemeanors in other jurisdictions. They are not considered indictable offenses (equivalent to felonies) but are more serious than petty disorderly persons offenses. Some examples include simple assault, shoplifting, harassment, disorderly conduct, possession of marijuana under 50 grams, trespassing, and criminal mischief.

What Is the Difference Between a Disorderly Persons Offense and an Indictable Crime in NJ?

In New Jersey, criminal offenses are classified into two main categories: disorderly persons offenses and indictable crimes. The key differences between these two types of offenses are their severity, the potential penalties, and the legal process involved.

What Are the Potential Fines for a Disorderly Persons Offense in NJ?

In New Jersey, the potential fines for a disorderly persons offense depend on the specific offense and its classification. There are two classifications of disorderly persons offenses: regular disorderly persons offenses and petty disorderly persons offenses.

Disorderly Persons Offense: For a regular disorderly persons offense, the maximum fine is up to $1,000. The court may also impose additional fees and assessments, such as court costs, a Victims of Crime Compensation Office (VCCO) assessment, and a Safe Neighborhood Services Fund assessment.

Petty Disorderly Persons Offense: For a petty disorderly persons offense, the maximum fine is up to $500. As with regular disorderly persons offenses, additional fees and assessments may be imposed by the court.

In addition to fines, a person convicted of a disorderly persons offense may also face other penalties, such as jail time (up to six months for a regular disorderly persons offense and up to 30 days for a petty disorderly persons offense), probation, community service, and restitution if applicable. The specific penalties will depend on the circumstances of the case, the offender’s criminal history, and any other relevant factors considered by the court.

Can I Be Sentenced to Jail Time for a Disorderly Persons Offense in NJ?

Yes, in New Jersey, you can be sentenced to jail time for a disorderly persons offense. The maximum jail sentence depends on the classification of the offense: For a regular disorderly persons offense, the maximum jail sentence is up to six months. For a petty disorderly persons offense, the maximum jail sentence is up to 30 days.

In addition to jail time, other potential penalties for a disorderly persons offense may include fines, probation, community service, restitution, and other court-imposed conditions. The specific penalties imposed will depend on the circumstances of the case, the offender’s criminal history, and any other relevant factors considered by the court.

It is important to note that not every disorderly persons offense will result in jail time, and an experienced criminal defense attorney may be able to help negotiate a plea agreement or present a strong defense to minimize the potential penalties. If you are facing a disorderly persons offense in New Jersey, it is crucial to consult with a knowledgeable criminal defense attorney to protect your rights and interests.

How Long Does a Disorderly Persons Offense Stay on My Record in New Jersey?

In New Jersey, a disorderly persons offense remains on your criminal record indefinitely unless you take action to have it expunged. Expungement is the legal process of removing the record of an offense from public view, effectively sealing it.

Can I Lose My Job Because of a Disorderly Persons Offense in New Jersey?

It is possible to lose your job because of a disorderly persons offense in New Jersey, depending on the nature of the offense, the specific job, and the employer’s policies. Employers may consider a criminal record, including disorderly persons offenses, when making hiring or employment decisions.

Should I Hire a Criminal Defense Attorney for a Disorderly Persons Offense in New Jersey?

Yes, hiring a criminal defense attorney for a disorderly persons offense in New Jersey is highly recommended. Although disorderly persons offenses are considered less severe than indictable crimes, they can still have lasting consequences on your life, including potential jail time, fines, and a criminal record that can impact your employment, housing, and other aspects of your life.

Can I Plead Guilty to a Disorderly Persons Offense in New Jersey?

Yes, you can plead guilty to a disorderly persons offense in New Jersey. If you decide to plead guilty, you will be admitting to the offense, and the court will proceed to determine your sentence based on the severity of the offense, your criminal history, and any other relevant factors.

Can I Fight a Disorderly Persons Offense Charge in New Jersey?

Yes, you can fight a disorderly persons offense charge in New Jersey. If you believe you are innocent or that there are weaknesses in the prosecution’s case, you can choose to contest the charges and go to trial. In a trial for a disorderly persons offense, the case will be heard in the municipal court, where the prosecutor represents the state, and a judge decides the case. There is no right to a jury trial for disorderly persons offenses in New Jersey.

If you want to know more about disorderly persons offenses in New Jersey, Frank Marciano is here to help. To set up a consultation concerning any adoption matter, contact us online or call us at 201.656.1000.

Client Reviews

I initially chose Frank because of how close his office is to the municipal court. Best decision ever. His staff was on top of the matter and he literally knew everyone at the courthouse. He was able to get my charge dropped to a lower penalty and is currently working on my expungement. Definitely...

R.L.

I hired Frank for help in purchasing a multi-family home. To make a long story short, Frank advised me against the initial property I had come to see him about and it was the best decision I could have ever made. He went out of his way to make sure I was making a wise /secure investment and saved me...

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I am very satisfied with everything about this law firm. From the friendly staff to attorney Frank Marciano, everyone was sharp. All my questions were answered and all my issues were addressed. I have complete confidence in Frank Marciano and highly recommend him.

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