PERTH AMBOY NJ CRIMINAL DEFENSE ATTORNEY

     .    The Law Office of Charles Dawkins Jr., LLC ph. (908)-962-9929 represents the accused charged with all criminal felony charges, disorderly persons, Municipal Ordinance violations, DUI, and Traffic violations allegedly committed in Perth Amboy, NJ. . Perth Amboy disorderly persons, dui's and Ordinance violations are charged in Perth Amboy Municipal Court.  Persons charged with felony crimes allegedly committed in  are charged in Middlesex County, NJ. Superior Court.  Attorney Charles Dawkins Jr. has been practicing law in New Jersey for over 20 years.

WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN PERTH AMBOY, NJ, AND A FELONY CHARGE?

     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 New Jersey 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 the accused will not be indicted by a Grand Jury.  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 heard in Perth Amboy. NJ. Court by a Municipal Judge.  The Municipal Prosecutor will prosecute the case. Some examples of Disorderly persons offenses are Harrassment, Simple Assault, Shoplifting (less than 200 dollars) Disorderly Conduct, simple assault, Lewdness, and Obstruction of Administration of Justice.unless the person obstructs the detection or investigation of a crime or the prosecution of a person for a crime. N.J.S.A. 2C:29-1

     Domestic violence disorderly persons complaints are also heard in Perth Amboy, NJ. Municipal Court. The Judge will usually Order the Accused to have "no contact" with the alleged victim during the proceedings in Municipal Court. Domestic Violence complaints are serious in all courts.

Felony charges are crimes.  Middlesex County N.J. Superior Criminal Court deals with all felony criminal charges committed within Middlesex County, NJ. located in 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
• Robbery
• Bias Crimes
• Arson, Criminal Mischief, and Other Property Destruction
• Burglary, and theft above a certain amount
• Forgery
• Possession of Drugs, Manufacturing of Drugs, or Distributing Drugs   

 WHAT HAPPENS IF PERTH AMBOY DEFENDANT PLEADS GUILTY TO A FELONY CHARGE

N.J.S.A. 2C:43-6 establishes the general Terms that the Essex County N.J. Superior Court Criminal Division will sentence criminal defendants convicted of a felony charge. N.J.S.A. has enhancements, consecutive sentencing, and no early release provisions so below is only general penalties for felony convictions, the defendant should seek legal counsel to discuss their specific case.                                                   

• First degree for a specific term of years between 10 years and 20 years
• Second degree for a specific term of years between 5 and 10 years
• Third degree for a specific term of years between 3 and 5 years
• Fourth degree for a specific term of years not to exceed 18 months.T
• Generally, a presumption of no incarceration of first offenders found guilty of Third Degree, Fourth Degree, Disorderly Person. N.J.S.A. 2C:41-1(e)

The potential penalties for pleading to a disorderly person and felony conviction is great. A diversionary progarm or downgrade to Perth Amboy Municipal Court is preferable for a person who pleads guilty.

WHAT HAPPENS IF DEFENDANT PLEADS GUILTY OR IS FOUND GUILTY OF DISORDERLY PERSONS IN PERTH AMBOY, NJ MUNICIPAL COURT?

A conviction for a disorderly persons offense 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.

WHAT IS THE SENTENCING OF PERTH AMBOY DEFENDANT WHO PLEADS GUILTY TO A FELONY CHARGE 

N.J.S.A. 2C:43-6 establishes the general Terms that the Essex County N.J. Superior Court Criminal Division will sentence criminal defendants convicted of a felony charge.                                                    

• First degree for a specific term of years between 10 years and 20 years
• Second degree for a specific term of years between 5 and 10 years
• Third degree for a specific term of years between 3 and 5 years
• Fourth degree for a specific term of years not to exceed 18 months.
• Generally, a presumption of no incarceration of first offenders found guilty of Third Degree, Fourth Degree, Disorderly Person. N.J.S.A. 2C:41-1(e)

The sentencing penalties in Middlesex County Superior Court Criminal Division are greater than in Perth Amboy, NJ. Municipal Court. In some cases, a criminal defense attorney may obtain a plea where a criminal charge is pleaded down from a felony charge to a disorderly person's charge, or the prosecution on its own accord will remand a criminal case to Perth Amboy, NJ. Municipal Court.

WHAT IS THE DIFFERENCE BETWEEN PLEADING TO A PERTH AMBOY NJ. ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?

The enabling legislature for Perth Amboy city Ordinances is found in N.J.S.A. 40: 49-5 which states in relevant part:     

40:49-5.  The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.  

The city of Perth Amboy has enacted like all municipalites  codes that are consistent with the State enabling Statute. The Criminal Defense. If the disorderly conduct Ordinance violation is similar to the Disorderly persons violations the Attorney may attempt to negotiate an Ordinance  violation.  The main distinction between an Ordinance Violation and Disorderly Persons violation is that a Disorderly Person's violation is recorded on the State Criminal History Report. The Disorderly violation also must be expunged or it stays on the NJ record forever. Moreover, as mentioned in the disabling Statute the penalty of incarceration is less than a Disorderly persons violation.

ule a Consultation to learn more. Attorney Charles Dawkins Jr. has practiced Criminal Defense Law in Municipal, State, Federal, and Appellate courts. He has been practicing law for over 20 years.

CONTACT A PERTH AMBOY, N.J. CRIMINAL LAWYER TODAY

If you are accused of violating any felony Crime, disorderly persons offense, or Ordinance violation in Perth Amboy, NJ,  Contact the Law Office of Charles Dawkins Jr. LLC located near Perth Amboy, NJ.   Here at the Law Office of Charles Dawkins Jr., LLC, we will represent you and defend you against Felony Criminal charges, dui, disorderly persons, and Ordinance Violation allegations.  Schedule a Consultation to learn more. Attorney Charles Dawkins Jr. has practiced Criminal Defense Law in Municipal, State, Federal, and Appellate courts..