ELIZABETH NJ CRIMINAL DEFENSE LAWYER
. 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 Elizabeth, NJ. . The Union County Superior Court handles all Criminal felony matters committed within the jurisdiction of Elizabeth, NJ. . The Elizabeth, NJ Municipal Court handles all disorderly persons charges and city ordinances. The law office is located within walking distance of Union County Superior Court and Elizabeth, NJ. Muncipal Court. Attorney Charles Dawkins Jr. has been practicing law for over 20 years. .
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN ELIZABETH, NJ MUNICIPAL COURT, 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 Elizabeth,. 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 Elizabeth, 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 sometimes also relate to Restraining Orders in Family Court..
Felony charges are crimes. Felony crimes committed in Elizabeth are heard in Union County N.J. Superior Criminal Court. Union County Superior Court prosecutes felony 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
The sentencing penalties in Union County Superior Court Criminal Division are greater than in Elizabeth, NJ. Municipal Court. In some cases, a criminal defense attorney may obtain a plea 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 Elizabeth, NJ. Municipal Court.
WHAT HAPPENS IF DEFENDANT PLEADS GUILTY OR IS FOUND GUILTY OF DISORDERLY PERSONS IN ELIZABETH, 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 person 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. NO ATTORNEY SHOULD DEFINITIVELY BE ABLE TO TELL A CLIENT WHAT IS THE SPECIFIC OUTCOME OF ANY CASE. MANY CASES ARE SIMILAR BUT CASES ARE HEARD ON A CASE-BY-CASE BASIS. Moreover, the Judge must accept every plea that is negotiated between the prosecutor and the defense attorney.
WILL THE DEFENDANT BE IMPRISONED FOR PLEADING GUILTY OR BEING FOUND GUILTY TO A DISORDERLY PERSONS OFFENSE?
N.J.S.A. 2C:44-1(d) and N.J.S.A. 2C:44-1(e) apply to whether the presumption of incarceration applies to the instant case. Defendants convicted of one disorderly persons offense under the previously mentioned statutes are not incarcerated, unless the court makes a specific finding that there are aggravating factors that make imprisonment necessary.
First and Second degree Crimes that are tried in Union County Superior Court have a presumption of incarceration which will be overcome only in extraordinary circumstances, such as when the court makes the finding that the need to deter others is less significant than a serious injustice if the Defendant fails to be imprisoned.
As a former Asst. Municipal Prosecutor, I have prosecuted a Person who went to jail after the trial. The Judge ultimately has a lot of discretion in felonies and disorderly persons sentencing. If charged with Disorderly Persons, the defendant should seek legal counsel.
WHAT IS THE DIFFERENCE BETWEEN PLEADING TO AN ELIZABETH, NJ. ORDINANCE VIOLATION AND PEADING TO A DISORDERLY PERSONS OFFENSE?
The City of Elizabeth has enacted many Elizabeth City Ordinances that apply to residents, business owners, and visitors to the city of Elizabeth. Title 9 Entitled Public Peace and Welfare Ordinances are enforceable city Ordinances some of the below are Elizabeth, NJ. City Ordinances:
- 9.04 Drug Free Zone
- 9.08 Gambling
- 9.12 Graffiti
- 9.16 Civil Liability for Juvenile Vandalism
- 9.20 Loitering
- 9.24 Obscenity
- 9.28 Sexual Exploitation of Children
- 9.32 Curfew
- 9.36 Weapons
- 9.40 Laser Pointer
- 9.44 Stink Bombs
- 9.48 Miscellaneous Offenses
The major distinction between Ordinance violations and disorderly persons in the city of Elizabeth is less maximum jail time and most importantly Ordinances are not on any criminal history report while disorderly persons violations are on criminal history reports The disorderly person's 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. In some cases, the Criminal Defense Attorney may be able to negotiate with the Municipal Prosecutor a downgrade of a disorderly persons violation to an Ordinance violation if the Attorney can get a relevant factual basis for the Ordinance violation.
CONTACT AN ELIZABETH, N.J. CRIMINAL LAWYER TODAY
If you are accused of violating any Crime, disorderly persons offense, or Ordinance violation in Elizabeth, 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, 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. He has been practicing law for over 20 years.