NJ. STATE & FEDERAL CRIMINAL DEFENSE ATTORNEY NEAR JERSEY CITY, NEW JERSEY
The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 is a State and Federal Criminal Defense attorney who represents Criminal Defendants, Disorderly Persons, and Juvenile Delinquent Acts in Jersey City, NJ .. State felony charges and Juvenile Delinquent Acts are heard in Essex County, NJ Superior Court. The criminal division hears the felony charges and in most cases, the Family division in Essex County, NJ Superior Court hears the Juvenile cases that are not waived up to the Essex County Criminal Division Superior Court. Jersey City, NJ. Municipal Court hears most disorderly person violations, DWIs, traffic violations, and Jersey City, NJ. Ordinance violations.
The Federal District Court for the District of New Jersey located in Newark, NJ. hears all Federal Criminal Charges committed in Jersey City, NJ.
Jersey City is an ethically diverse city. The city is the second largest city in New Jersey with an estimated population of 247,000 people. Unfortunately, Jersey City citizens are occasionally charged with Federal or State Criminal charges, municipal charges, or juvenile delinquent acts and need to hire a Jersey City criminal defense lawyer. The Law Office of Charles Dawkins Jr., zealously represents the accused of all State and Federal crimes, disorderly persons violations, and Juvenile acts occurring in Jersey City, NJ.
The Law Office is located near Jersey City, NJ. The law office is located off of Exit 13 of the New Jersey Turnpike and Jersey City is located off of Exit 14b.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN JERSEY CITY NJ MUNICIPAL COURT, AND A STATE 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 Jersey City, 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 Offenses.
The case will be heard most of the time in Jersey City, NJ. Municipal Court by a Judge. The Jersey City, NJ. municipal prosecutor will prosecute the case. Some examples of Disorderly persons offenses are harassment, Simple Assault, Shoplifting (less than 200 dollars) Disorderly Conduct, Resisting Arrest, Lewdness, failure to disperse a riot, criminal trespass, criminal sexual contact, and Obstruction of Justice. Domestic violence disorderly persons complaints are also heard in Jersey City, NJ. Municipal Court.
Felony charges are crimes. Hudson County N.J. Superior Criminal Court deals with all State 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
- 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
- Aggravated Assault
The sentencing penalties in Hudson County Superior Court Criminal Division are greater than in Jersey City, Municipal Court. In some cases, a criminal defense attorney may obtain a plea deal that is accepted by the court where a criminal charge is pleaded down to a disorderly persons charge.
WHAT IS A CONSIDERED A CRIME IN JERSEY CITY NJ.?
"A crime is an offense for which a sentence of imprisonment in excess of six months is authorized. N.J.S.A. 2C:1-4(a). Any other offense is either a disorderly persons offense or a petty disorderly persons offense and therefore not a crime. N.J.S.A. 2C:1-4(b). More specifically, "Crime" means any crime as defined by the New Jersey Code of Criminal Justice (2C:1-4(a) ) or the equivalent under Federal law or the laws of any state."
As explained above the definition of "crime" is consistent for Jersey City, NJ., and the entire State of New Jersey.
The Jersey City, NJ. Criminal Defense Lawyer who is representing a person accused of a criminal act in Jersey, City New Jersey is familiar with the criminal statutes and defenses and will be able to defend the criminal defendant against all state and federal crimes.
WHAT IS THE DIFFERENCE BETWEEN BEING CHARGED IN JERSEY CITY NJ. WITH A FELONY IN N.J. STATE COURT AND NEW JERSEY FEDERAL COURT?
There are many differences. This article will only highlight a very few. One difference is that "generally" Federal Law Enforcemt Agencies conduct Criminal Investigations---such as the FBI (Federal Bureau of Investigation) and DEA (Drug Enforcement Administration). The FBI is trained mainly In Quantico, Virginia--- some of the agents are lawyers or accountants, while all of the agents are patriotic, educated, and highly trained in financial crimes, violent crimes, drug crimes and all facets of criminal investigations, with a preeminent crime lab to buttress criminal investigatory evidence. Consequently, many times the cases presented for prosecution are compelling and well-documented.
The Federal Government must be at the cutting edge of technology to protect the citizenry. State law enforcement agencies usually do not have the financial resources and training level of most Federal Investigators.
Also, State crimes are prosecuted under N.J.S.A. Title 2C while most of Federal Crimes are prosecuted under Title 18 of the US Code and Title 26 of the US Code.
Moreover, Federal Courts have Sentencing guidelines that the Federal Criminal lawyer must understand, and Federal Case Law is related to the guidelines and the law. The Federal Courts dispensed with the "indeterminate sentencing system" in 1984 for determinate sentencing guidelines in Federal Courts. The two seminal cases of United States v. Booker, 543 U.S. 220 (2005) and Apprendi v. New Jersey, 530 U.S. 466 (2000) established guidance for Judicial authority in sentencing.
The truth of the matter is that most Federal Cases are pleaded out. A P.hD. thesis could be written on this issue which is beyond the scope of this article.
However, in the 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 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 case for trial.
Occasionally a person wants to put the determination of guilt or innocence in a jury's hand. The jury trial right "has never been efficient but it has always been free." Justice Antonin Scalia.
Some Federal Crimes are the following:
- 1. Embezzlement
- 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 CHARGE TRIAL IN JERSEY CITY, NJ MUNICIPAL COURT MUCH FASTER THAN A FELONY TRIAL?
A State and Federal felony trial takes longer than a Jersey City, Municipal Trial for many reasons. However, one of the most significant reasons for the Criminal Defendant is that Municipal Trials require no voir dire while felony trials 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 felony 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 felony case irrespective of the New Jersey County Superior Court or federal district court.
WHAT HAPPENS IF PLEAD OR FOUND GUILTY OF DISORDERLY PERSONS IN JERSEY CITY 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 generally 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 a Jersey City Municipal Court much faster than in a Felony Trial Court.
WHAT IS THE DIFFERENCE BETWEEN PLEADING TO A JERSEY CITY, NJ CITY ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
The Jersey City Mayor and Council have enacted many ordinances that pertain to personal conduct in Jersey City, 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 the Municipal Judge accepts that entails a municipal ordinance violation.
Similar Ordinance violations will have lesser penalties than the State Statute; moreover, the violation will be precluded from the State Criminal History. The disorderly persons record is not like bad credit. The disorderly persons record does not drop off automatically in time. The conviction record remains on the criminal history until the record is expunged. Even if the record is expunged, Law Enforcement will always be able to see the record. The Jersey City,, NJ. Municipal Judge will also be able to see the Ordinance violation.
The Municipal Prosecutor for Jersey City, NJ, and the Jersey City Municipal Court Judge will know all the Ordinance violations. The Criminal Defense Lawyer must familiarize himself with the Jersey City, NJ Ordinance violations.
DO JERSEY CITY CRIMINAL DEFENSE LAWYERS DEFEND AGAINST ALCOHOL BEVERAGE CONTROL VIOLATIONS (ABC VIOLATIONS)?
Jersey City Criminal Defense lawyers also defend against alleged Alcohol Beverage Control (ABC) Violations that occur within Jersey City.. The Jersey City Municipal Prosecutor prosecutes all Alcohol Beverage Control violations. In some cases, a Jersey City resident will need legal representation regarding violations of Codes such as Jersey City ABC violations. A code violation can have a serious impact on a restaurant or Alcohol and Beverage Establishment.
CONTACT THE LAW OFFICE OF CHARLES DAWKINS JR LLC IF YOU HAVE BEEN CHARGED WITH ANY STATE OR FEDERAL FELONY, DISORDERLY PERSONS, OR JUVENILE DELINQUENT ACTS IN JERSEY CITY, NJ.
The N.J. Federal Court, N.J. State Criminal Court, Municipal Court, and Family Court Decision should not vary depending upon the Federal District, County, or City where the matter is being heard. The United States Constitution, the New Jersey State Constitution, U.S. Supreme Court Decisions, U.S. Third Circuit Court of Appeals, New Jersey Supreme Court decisions, precedential Appellate Division Superior Court decisions, and New Jersey Statutory Laws and Rules apply to the entire New Jersey State.
Consequently, the Law Office of Charles Dawkins Jr., LLC represents State and Federal Felonies, Disorderly Persons, and Family Court Juvenile matters in the entire State of New Jersey including the following cities: Jersey City, NJ., Montclair, NJ, Maplewood, NJ. Township, NJ, City of Orange Township, N.J,, 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