Need a Lawyer for Disorderly Persons Offense in South Brunswick NJ
Charged with a Disorderly Persons Offense in South Brunswick
If you have been arrested and charged with a disorderly persons offense in South Brunswick, you are far from the only one. The Township of South Brunswick is in a fantastic location for those wishing to live the suburban lifestyle while keeping in close proximity to all the conveniences that nearby cities have to offer. But with geographical convenience comes the responsibility of the police in maintaining order. Those accused of breaking the law by committing disorderly persons offenses will be held accountable in South Brunswick Municipal Court, as these offenses are viewed as menacing and disruptive to the community at large. In this court, you will be confronted with an accusation, the prosecutor, a police officer’s testimony, and considerable punishment if found guilty. If you are facing charges for a disorderly persons offense in South Brunswick or need an expungement, we can help. During our consultation, we will explain what your specific criminal charges mean for you, including potential implications and options, as well as influential factors like your prior record. We can address your immediate and surrounding concerns regarding a criminal case, whether it be marijuana or drug paraphernalia possession, criminal mischief, disorderly conduct, trespassing, simple assault, or another matter that brings you to court in South Brunswick. Contact the law office of Proetta & Oliver at (732) 659-9600 to speak with an attorney about your charge in more detail, the substance of our representation, and how we can be of assistance. The consultation is always free and confidential.
What are Disorderly Persons Offenses in South Brunswick NJ?
Offenses in New Jersey are listed as indictables (felonies), disorderly persons offenses (misdemeanors), and petty disorderly persons offenses (pdp). Indictable crimes are the most serious offenses as they permit the harshest punishment. Petty disorderly persons offenses are the least serious offenses in the criminal sentencing structure, allowing for minor consequences. disorderly persons offenses (dp) fall somewhere in between indictable felony offenses and petty disorderly persons charges, and are heard in South Brunswick Municipal Court. A disorderly persons offense can be filed in the Middlesex County Superior Court as well, but only if you have been charged with a felony that is connected to the case.
Disorderly persons offenses in South Brunswick can occur in an obvious way, or in a manner that can go unnoticed unless connected with another offense. Often, in this suburban town, disorderly persons and petty offenses take the form of simple assault, harassment, disorderly conduct or mutual fighting, as well as assaults within the household constituting domestic violence. In other cases, the police are patrolling the 41 square miles of the town and find marijuana in amounts less than 50 grams in motor vehicles along Routes 32, 1 or 27 and the New Jersey Turnpike. There are countless reasons and scenarios involving these offenses, and the fact is that you or anyone in Kendall Park, Heathcote, Franklin, Kingston, Monmouth Junction, and anywhere else in South Brunswick will be forced to defend against a complaint for the offense when it is filed against you. The offenses requiring your attention and attendance in court are:
- Possession of drug paraphernalia
- Being under the influence of drugs
- Theft (less than $200)
- Shoplifting (less than $200)
- Wandering/prowling/looking to purchase drugs
- Receiving stolen property (less than $200)
- Resisting arrest
- Hindering apprehension
What do you get for a South Brunswick disorderly persons offense or petty disorderly persons offense?
All crimes and offenses have associated punishments corresponding thereto. When explaining to clients the up’s and down’s of a case, it is important for them to understand what the worst case scenario is. For disorderly persons offenses, the worst thing (maximum punishment) that can happen to you is that the judge may order you to spend 180 days in jail, equating to 6 months. Additionally, for all of these offenses, the judge has the authority to impose a penalty of $1,000. Probation may also be ordered in lieu of, or in conjunction with, county jail time. There are other consequences that are more specific to certain offenses, such as restitution in theft cases, anger management in DV cases, and community service for those charged with shoplifting in South Brunswick.
If the offense is lower yet, namely a petty disorderly persons offense, the jail decreases to 30 days and the fine tops out at $500. Beyond the above, a person can plead to or be charged with violation of any South Brunswick Municipal Ordinance. These are not necessarily crimes or offenses but are instead violations of local law allowing for punishment as set forth in the ordinance. Often, the punishment options for such violations are less than those permitted with criminal misdemeanors and they do not qualify as criminal convictions for the purposes of background checks.
Are you arrested for a disorderly persons offense in South Brunswick?
For disorderly persons offenses, unless associated with domestic violence, it is not necessary for you to be arrested. The police may send or give you a summons instead, which requires your court appearance. In fact, in most cases, while the police will likely fingerprint you, they will not try to keep you in jail. The complaints are placed on a summons which means that you cannot be put in jail for the duration of the criminal proceedings. Only those offenses involving domestic violence or those in which a felony is charged in conjunction with a disorderly persons charge may be placed on a warrant. A charge on a warrant requires the police to arrest you and put you in jail until the court reviews your PSA score results. If the score is high, you will be held in jail upon the filing of a detention motion. In the majority of dp cases, you will not be arrested and go to jail before the case is litigated. You may be arrested and processed and then released with the necessary paperwork stating what you have been charged with, and when you need to appear in court.
Can you expunge a South Brunswick disorderly persons charge?
If you have been charged with a criminal offense of any kind, the final offense is reflected on your record. The charge will remain there even if you are not convicted. Your criminal history lists any time that you came into police contact and were charged. To remove it, you must proactively seek to have the records expunged. Dismissals are immediately expungeable, while conditional discharge dismissals after meeting conditions are able to be expunged within 6 months of dismissal. All other dps, if other conditions are met, can be expunged in 3 years with compelling circumstances. For some marijuana offenses in South Brunswick and elsewhere across the state of New Jersey, the legislature allows for immediate expungement.
Have Court for a Disorderly Persons Offense in South Brunswick?
Our attorneys at the firm of Proetta & Oliver know all too well the pitfalls of unsuspecting defendants who attend Municipal Court without representation. Instead of taking a chance on your own and leaving legal matters to hoping for a good outcome, contact us today for a free consultation. When you want to defend your case and bring it to the best possible conclusion, our results-driven team of lawyers has what it takes. Contact our office at (732) 659-9600 if you have any questions whatsoever and would like to discuss your case free of charge.