EAST ORANGE 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, Ordinance violations, DUI, and Traffic violations in East Orange, NJ Municipal Court, and persons charged with felony crimes allegedly committed in East Orange N.J. under the jurisdiction of Essex County Superior Court. East Orange, NJ. Municipal Court is located at 221 Freeway Dr., East Orange, NJ. 07018. East Orange, NJ. is the 17th most populous city in New Jersey. Attorney Charles Dawkins Jr. has over 20 years of legal experience.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN EAST ORANGE, NJ MUNICIPAL COURT, AND A FELONY CHARGE?
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 case will be heard in East Orange. NJ. Municipal Court by a 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, Resisting Arrest, Lewdness, and Obstruction of Justice.
Domestic violence disorderly persons complaints are also heard in East Orange, NJ. Municipal Court.
Felony charges are crimes. Essex County N.J. Superior Criminal Court deals with all felony criminal charges 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 dft above a certain amount
- Forgery
- Possession of Drugs, Manufacturing of Drugs, or Distributing Drugs
The sentencing penalties in Essex County, NJ. Superior Court Criminal Division are greater than in East Orange Municipal Court. In some cases, a criminal defense attorney may obtain a plea where a criminal charge is pleaded down to a disorderly persons charge, or the prosecution on its own accord will remand a criminal case to the Municipal Court.
WHAT HAPPENS IF PLEA OR FOUND GUILTY OF DISORDERLY PERSONS IN EAST ORANGE 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 DIFFERENCE BETWEEN PLEADING TO AN EAST ORANGE NJ CITY ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
East Orange, N.J. council and Mayor over the years have enacted local ordinances. Some of these Ordinances pertain to personal conduct in the city of East Orange, 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 a municipal ordinance violation.
First, East Orange, NJ. has a general provision under § 1- 15 (B) that when New Jersey Statute such as the criminal Statute 2C, the Code of Criminal Justice establishes a penalty of a lesser maximum fine or a term set forth in the city ordinance, or any rule, regulation or Order than . the maximum fine or term of imprisonment that is established in the Statute.
Consequently, similar Ordinance violations will have lesser penalties than the State Statute; moreover, the violation will be precluded from the State Criminal History. The Criminal Defense Attorney may in some cases be able to negotiate a city Ordinance violation as opposed to a 2C Criminal Code violation. The disorderly persons record is not like bad credit. It does not drop off in time. It remains there until the record is expunged. Even if the record is expunged, the police will always be able to see the record.
CONTACT AN EAST ORANGE, N.J. CRIMINAL LAWYER TODAY
If you are accused of violating any Crime, disorderly persons offense, or Ordinance violation in East Orange, NJ. Contact the Law Office of Charles Dawkins Jr. LLC. Here at the Law Office of Charles Dawkins Jr., LLC, we will represent you and defend you against Criminal charges, 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. He has been practicing law for over 20 years.