Linden Disorderly Persons Offense Attorney
April 2, 2020
Disorderly Persons Offense Lawyers in Linden NJ
If you have been charged with disorderly persons offense in the City of Linden, you are best advised not to simply plead guilty without knowing what it means and what you can potentially do to avoid a conviction. On countless occasions, we see people pleading guilty to a disorderly persons offense in Linden Municipal Court before having their case thoroughly reviewed by an experienced criminal defense attorney. Whether you have been charged with marijuana possession, drug paraphernalia, shoplifting, criminal trespass, resisting arrest, or another disorderly persons offense in Linden, New Jersey, a conviction or plea can have unfortunate consequences. Unbeknownst to many, a disorderly persons offense allows the court to sentence you to jail for up to 6 months if convicted. Before going to court for a Linden criminal charge, be in the know and understand what you are facing. You can also discuss your unique situation with a skilled Linden criminal defense lawyer at our firm by calling (908) 838-0150 anytime or contacting us online. Our attorneys are available around the clock to provide your free consultation.
Linden NJ Disorderly Persons Offenses
A disorderly persons offense is virtually the equivalent of a criminal misdemeanor in New Jersey. Per this classification, it has some potential losses of personal liberty, such as jail time, but it is not considered as serious as a felony crime. As such, a disorderly persons conviction does not warrant state prison. A complaint for a disorderly persons offense may be filed by either the police or a private citizen, but the majority of these cases arise as a result of police allegations of alleged criminal conduct. Whether the complaint is filed against you by a private citizen or by a law enforcement officer, you will receive a notice to appear in court.
In Linden, our office handles many municipal court cases. From hearing complaints against Linden residents, to charges issued to travelers along Routes 1 & 9, the court hears it all. The Linden Municipal Court hears so many different cases because, for almost every alleged crime in New Jersey (save for serious and violent offenses) there is a corresponding disorderly persons offense. For example, possession of more than 50 grams of marijuana is an indictable crime, while possessing less than 50 grams is a disorderly persons offense. Similarly, aggravated assault is a felony, while simple assault is a lesser disorderly persons offense. The less serious the crime, the more likely that it will be filed as a disorderly persons offense. Other examples of disorderly persons offenses handled in Linden Municipal Court include:
- Loitering for the purpose of obtaining drugs
- Criminal mischief causing damage to another’s property of less than $200
- Possession of drug paraphernalia (pipe, bowl, needle, baggie, blunt, wrapper, etc.)
- Failure to turn over CDS
- Shoplifting less than $200
- Theft amounting to less than $200
- Resisting arrest
- Hindering apprehension
- Simple possession of marijuana
The New Jersey Criminal Code outlines the complete list of crimes and disorderly persons offenses but the above are perhaps the most common. For a disorderly persons offense in Linden, you will attend Linden Municipal Court located at 301 North Wood Avenue. Your appearance is required and if you fail to appear in court, the Judge may issue a warrant for your arrest. After a warrant is issued, the police or Sheriff’s department may arrest you and hold you in jail until you appear before the Municipal Judge. On so many occasions, people miss work and school because they must attend court. An attorney may be able to have some of your court dates adjourned and try to resolve your case sooner rather than later. If you decide to have a trial, your case will be tried before the judge who ultimately determines your guilt or innocence. You are not entitled to a jury trial in municipal court in Linden or elsewhere in New Jersey.
Charged with a Disorderly Persons Offense in Linden, What is the Penalty?
If you are found guilty of a disorderly persons offense, you could be sentenced to one or more of the following:
- Maximum $1,000 fine
- Up to 180 days in jail
- Substance Abuse Evaluation
- Anger Management
- Mental Health Evaluation
- Community Service
- Restitution payment to anyone that has suffered a financial loss
- No contact order relating to any protected party
- Community Service
- Forfeiture of you NJ Driver’s License or driving privileges in NJ
Additionally, the court can craft any unique sentence it deems fit under the law. It is important to note that talented attorneys can craft defenses and negotiate agreements that stop the judge from imposing unfavorable conditions. Each situation, facts, and charges are unique and some cases may be more readily resolved than others. Regardless of the level of complexity involved in your disorderly persons case in Linden, keep in mind that there are many ways that the case can end. For example, perhaps your case can resolve by way of a community dispute resolution program, conditional discharge, abeyance, plea, violation of an ordinance, mutual dismissal, or acquittal. No matter what the situation, we can help. Call our office today at (908) 838-0150 for a free consultation with a local Linden criminal defense attorney near you.