HILLSIDE 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 Hillside, NJ. . The Law Office is located near Hillside, NJ. in Union County N.J. . The Union County Superior Court handles all Criminal felony matters committed within the jurisdiction of Hillside, NJ. . The Hillside, NJ Municipal Court handles all disorderly persons charges and city ordinances. The law office is located within walking distance of Union County Superior Court. Attorney Charles Dawkins Jr. has been practicing law for over 20 years. He has experience in defending Criminal Defendants in Federal, State, and municipal courts.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN HILLSIDE 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 Hillside. 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 Hillside, 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. Union County N.J. Superior Criminal Court deals with all felony criminal charges committed within Union County, NJ. The felony crimes are listed in Title 2C of the New Jersey Criminal Code. Some of these felony 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 Hillside, 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 Hillside, NJ. Municipal Court.
WHAT HAPPENS IF DEFENDANT PLEADS GUILTY OR IS FOUND GUILTY OF DISORDERLY PERSONS IN HILLSIDE, 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 A HILLSIDE, NJ. ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
The Township Council of Hillside NJ has enacted Ordinances that govern the locality of Hillside NJ. in Union County, NJ. The City Ordinances are categorized under General Administrative Legislation, General Legislation, and Board of Health Legislation. The Ordinances cite such acts as "Excessive Noise § 8217-1 §" and Loitering § 217-1-21--7. The penalty is a fine not to exceed 1000 dollars or imprisonment or community service not to exceed 90 days.
Ordinance violations have lesser penalties than violations under the 2C Criminal Code violations. Moreover, Ordinance violations are not on any criminal history report as disorderly persons violations. 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 factual basis for the Ordinance violation.
WHAT IS A CRIMINAL DEFENSE ATTORNEY?
When a Client hires a Criminal Defense Attorney they first hire an Attorney who is licensed to practice law in New Jersey State Court, New Jersey District Court, and New Jersey Third Circuit Court of Appeals. The Attorney has an understanding of the Criminal Statutes and Sentencing Guidelines. The Attorney should also have experience in negotiating plea deals preferably in Municipal, State, and N.J.Federal Court. The Criminal Defense Attorney has experience in writing motions. the Attorney should have some trial experience at Municipal, State, or Federal Level.
The Attorney must represent the Criminal Defendant's best interest and advocate on the Criminal Defendant's behalf. The Attorney advises the Client---he does not make decisions for him. If the client wants to try the case, the Attorney presents all evidence and gives him an objective analysis of the evidence and any potential defenses.
This is a General definition of some of the things that a Criminal Defense Attorney does for his client. Some lawyers have an aptitude for the law and need less experience than others. Some Attorneys may have the ability to think outside the box on a difficult case while others regardless of experience are unable to see the defense.
The client should hire the Criminal Defense Attorney that they trust and is confident is the best Attorney to represent them.
CONTACT A HILLSIDE N.J. CRIMINAL DEFENSE LAWYER TODAY
If you are accused of violating any Crime, disorderly persons offense, or Ordinance violation in Hillside, 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.