BELLEVILLE NJ. STATE AND FEDERAL CRIMINAL DEFENSE ATTORNEY
The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 is an experienced criminal defense attorney who represents Criminal Defendants charged with crimes in State and Federal Courts; Disorderly Persons in Belleville NJ., Municipal Court, and Juveniles in Family court or if waived up in Essex County, NJ. Superior Court. State Criminal charges and Juvenile charges are heard in Essex County, NJ Superior Court. Federal Criminal Charges are heard at The United States District Court for the District of New Jersey located in Newark, NJ.
Belleville, NJ. (French Beautiful City/Town) is located in Essex County and has approximately 38,000 people. The Township of Belleville has many famous former residents among them was 2nd Lt. Leonard R. Willete. a member of the Tuskegee Airman during WWII. The Belleville, Township, NJ. named a street after him "Leonard R. Willette Way".
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN BELLEVILLE, NJ MUNICIPAL COURT, AND A CRIMINAL CHARGE IN STATE COURT?
One important distinction is that Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of New Jersey State. N.J.S.A. 2C:1-4(b) In Belleville Township, NJ., the accused of a disorderly person or petty disorderly person will not be tried with a jury, but the municipal Judge will be the trier of fact in the case, and a Grand Jury will not indict the accused. The legal action will be initiated by a Complaint. THERE IS NO RIGHT TO INDICTMENT BY GRAND JURY AND NO RIGHT TO TRIAL BY JURY OF DISORDERLY PERSONS.
The Disorderly Persons case will be "mostly" heard in Belleville, NJ. Municipal Court by a Belleville NJ. Municipal Judge. The Belleville, NJ. Municipal Prosecutor will prosecute the case. Some examples of Disorderly persons offenses are Harrassment, Simple Assault, Shoplifting (less than 200 dollars) Disorderly Conduct, Resisting Arrest, Lewdness, and Obstruction of Justice.
Domestic violence disorderly persons complaints are also heard in Belleville, NJ. Municipal Court. The Judge will usually Order the Accused to have "no contact" with the alleged victim during the proceedings in Belleville, Township Municipal Court. Domestic Violence complaints sometimes also relate to Restraining Orders in Family Court.
State Felony Criminal charges are crimes. State crimes committed in Belleville Township, NJ. are heard in Essex County N.J. Superior Criminal Court. Essex County, NJ. Superior Court prosecutes criminal charges under Title 2C of the New Jersey Criminal Code. Some of these charges are the following:
- Criminal Homicide
- Assault, Reckless Endangering; Threats
- Kidnapping and Related Offenses: Coercion
- Aggravated Sexual Assault, Sexual Assault, Sexual Contact
- Bias Crimes
- Arson, Criminal Mischief, and Other Property Destruction
- Burglary, and theft above a certain amount
- Possession of Drugs, Manufacturing of Drugs, or Distributing Drugs
- Offenses Against the Family Children and Incompetents
- Domestic Violence
- Perjury and Other Falsification in Official Matters
- Misconduct in Office; Abuse of Office
- Controlled dangerous Substances
- Drug Dealer Liability
- Firearms; Other Dangerous Weapons and Instruments of Crime
The sentencing penalties in Essex County, NJ. Superior Court Criminal Division is greater than in Belleville, NJ. Municipal Court. In some cases, a criminal defense attorney may obtain a plea Agreement that the Court accepts where a criminal charge is pleaded down to a disorderly person's charge, or the prosecution on its own accord will remand a criminal case to Belleville, NJ. Municipal Court. An important note: The Belleville Municipal Judge or the Essex County Superior Court Judge must accept the plea agreement after a factual basis is established on the record.
WHAT IS THE DIFFERENCE BETWEEN BEING CHARGED WITH A CRIMINAL CHARGE IN N.J. STATE COURT AND A FELONY IN NEW JERSEY FEDERAL DISTRICT COURT?
There are many differences. This article will only highlight a few. The major difference is that "generally" Federal Law Enforcement Agencies complete the Criminal Investigation---such as the FBI (Federal Bureau of Investigation, DEA (Drug Enforcement Administration), IRS (Internal Revenue Service), and ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) The FBI is trained in Quantico, Virginia and some of the agents are lawyers and accountants, while all of the agents are college educated and highly trained in financial crimes, violent crimes, drug crimes, and other Federal Crimes. Consequently, many times the cases presented for prosecution are well-investigated and well-documented.
The Federal Government must be at the cutting edge of technology to protect the citizenry. The Federal Government in some cases would rather not use a technological advancement rather than permit the citizenry and criminal defense lawyers to know that they have a technological advancement in their investigative arsenal.
State law enforcement agencies often do not have the financial resources and training level of Federal Investigators.
Moreover, State crimes are prosecuted under Title N.J.S.A. 2C while most Federal Crimes are prosecuted under Title 18 of the US Code and Title 26 of the US Code.
Notwithstanding, the major difference between State and Federal Crimes is that the Federal Courts have Sentencing guidelines that the Federal Criminal lawyer must understand, and Federal Case Law is related to the guidelines and case law. The sentencing guidelines are not complicated for most criminal defense lawyers. Most law schools have courses regarding federal crimes and sentencing taught by former or current High ranking former U.S Attorneys, Federal Defenders, or Federal District Judges.
The truth of the matter is that most Federal Cases are pleaded out. The Federal Guidelines offer "Offense Level Reduction for Acceptance of Responsibility" as well as other Sentencing guideline options depending on the facts of the case.
However, in cases that are not pleaded out, then the most significant skill is effective trial skills. There is no hierarchy for trial lawyers---a good state trial lawyer is just as effective with a federal jury as he/she is with a state jury. One of the major skills that all trial lawyers have is knowing how to hire effective investigators and paralegals to digest and organize the trial.
Some Federal Crimes are the following:
- Healthcare Fraud
- Mail and Wire Fraud
- Money Laundering
- Mortgage Fraud
- Securities Fraud
- Mortgage Fraud
- Immigration crimes-smuggling across the border
- Drug Crimes
- Violent Crimes.
WHY IS A DISORDERLY PERSONS CHARGED IN BELLEVILLE TOWNSHIP, NJ. TRIAL MUCH FASTER THAN A CRIMINAL TRIAL?
A Criminal trial in Essex County Superior Court will usually take longer than a Belleville, NJ. Municipal Trial for many reasons. However, one of the most significant reasons for the Criminal Defendant is that Municipal disorderly persons Trials require no voir dire while Criminal trials in State Court require voire dire. State v. Zola, 112 N.J. 384, 395 (1988) (“Voir dire is a shorthand expression for the questioning of a pool of potential jury members to select impartial jurors to hear a case.)
In most State Criminal cases, a jury must be selected and much time is taken in an attempt to select a fair and impartial jury. This process is painstaking and very important in any Criminal State case or Federal felony case irrespective of the situs of the New Jersey County Superior Court.
WHAT HAPPENS IF A PLEA OF GUILTY OR IS FOUND GUILTY OF DISORDERLY PERSONS IN BELLEVILLE, NJ MUNICIPAL COURT?
A conviction for a disorderly persons offense generally carries a maximum possible sentence of up to six months in jail and or a fine of up to 1000 dollars. The person may also be sentenced to pay restitution. N.J.S.A. 2C:43-3(c); N.J.S.A 2C: 43-8
A conviction for a petty disorderly person's offense carries a maximum possible sentence of up to 30 days in jail and or a fine of up to 500.00 dollars. The person may also be sentenced to pay restitution. N.J.S.A. 2C:43-3(d); N.J.S.A. 2C:43-8
The facts of the case and the defendant's prior criminal history will affect the outcome of the penalty under the Statute. The disorderly persons accused has the right to a trial and if he is unable to afford counsel and qualifies for legal assistance, Counsel will be appointed to him. As mentioned above a disorderly persons defendant will be able to get a trial in Belleville, NJ. Municipal Court much faster than a State Criminal Trial or a Felony Federal Trial.
WHAT IS THE DIFFERENCE BETWEEN PLEADING TO BELLEVILLE TOWNSHIP, NJ ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
The Belleville Township, N.J. council, and Mayor have enacted local ordinances. Some of these Ordinances pertain to personal conduct in Belleville, Township, NJ. The local police know these ordinances. Occasionally a person will be charged with an Ordinance violation or the Attorney will negotiate a plea bargain that entails an Belleville, NJ. municipal ordinance violation.
Similar Ordinance violations will have lesser penalties than the State Statute; moreover, the State Criminal History will fail to disclose an Ordinance violation, as opposed to a 2C Criminal Code violation. The disorderly persons record is not like bad credit. It does not drop off automatically in time. The record remains there until the record is expunged. Even if the record is expunged, the police will always be able to see the record.
The Municipal Prosecutor for Belleville, NJ., and the Belleville, Municipal Court Judge will know the Ordinance violations. The Criminal Defense Lawyer must familiarize himself with Belleville, NJ. Ordinance Violations.
CONTACT THE LAW OFFICE OF CHARLES DAWKINS JR LLC IF YOU HAVE BEEN CHARGED WITH ANY NJ. STATE CRIME, FEDERAL FELONY, DISORDERLY PERSONS, OR JUVENILE OFFENSE(S) IN BELLEVILLE TOWNSHIP, NJ.
The NJ. State and Federal Criminal Court, Municipal Court, or Family Court Decisions should not vary depending upon the Federal District Court, or municipality where the matter is being heard or the previous employment of the Attorney. The United States Constitution, Federal Statutes, and Sentencing guidelines apply to all Federal Courts regardless of the State. Also, the New Jersey State Constitution, New Jersey Supreme Court, precedential Appellate Division Superior Court decisions, and New Jersey Statutory Law and Rules apply to the entire New Jersey State.
Many Federal Cases are handled by CJA (Criminal Justice Attorneys) appointed by the Federal Judge or NJ. Federal Defenders, but as in NJ State Courts, some people seek private counsel or because of financial and asset income are unable to qualify for a Federal Defender or Court Appointed Criminal Justice Act Attorney.
Attorney Charles Dawkins Jr., Esq. has the experience and is licensed to practice law in all State and Federal Courts in New Jersey.
Consequently, the Law Office of Charles Dawkins Jr., LLC represents all State crimes and Federal Felony charges, Disorderly Persons, and Family Court Juvenile matters in the entire State of New Jersey including the following cities or Townships: Belleville, NJ. Cranford, NJ, Westfield, NJ., Springfield NJ, Fairfield, NJ, Elizabeth, NJ, Newark, NJ. Jersey City, NJ. Edison, NJ. Hamilton Township, Trenton, NJ. Parsippany, NJ. Paterson, NJ., Middleton Township, Lakewood Township, NJ., Cherry Hill, NJ., Hackensack, NJ, Franklin Township, NJ. Mount Holly, NJ, and the entire state of New Jersey. THE LAW OFFICE PHONE NUMBER IS (908) 962-9929