LINDEN NJ CRIMINAL DEFENSE ATTORNEY
. The Law Office of Charles Dawkins Jr., LLC ph. (908)-962-9929 represents the accused charged with disorderly persons, Ordinance violations DUI and Traffic violations in Linden Municipal Court, and persons charged with felony crimes allegedly committed in Linden N.J. under the jurisdiction of Union County Superior Court. Linden NJ. Municipal Court is located at 301 N. Wood Avenue, Linden NJ. 07036. The Law Office of Charles Dawkins Jr. is located at 1139 East Jersey St. Ste. 317 and is close proximately to Linden, NJ. Courthouse and within walking distance of Union County, NJ. Courthouse.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN LINDEN, 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 signed by the Police Officer. This Complaint may be initiated based on the Officer's personal knowledge or in some cases a Complainant's personal khttp://casetext.com/statute/new-jersey-statutes/title-2c-the-new-jersey-code-of-criminal-justice/chapter-2c43-degrees-of-crimes/section-2c43-3-fines-and-restitutionsnowledge other than a police officer's.
The case will be heard in Linden . 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.
Felony charges are crimes. Union 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
- Bias Crimes
- Arson, Criminal Mischief, and Other Property Destruction
- 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 Linden 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 CONVICTED OF DISORDERLY PERSONS IN LINDEN 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.
WHAT IS THE DIFFERENCE BETWEEN PLEADING TO A LINDEN NJ DISORDERLY PERSONS OFFENSE AND PLEADING TO A CITY ORDINANCE VIOLATION ?
Linden, NJ's City Council has enacted many city ordinances that are enforced by the Linden Police Department. The penalties differ from Title 2C Criminal Code. In some cases, depending upon the facts of the case and criminal and disorderly persons history of the defendant, the Criminal Defense Attorney may be able to negotiate a downgrade of the Title 2C violation to a Linden NJ. City Ordinance
§ 3-9 Discharge of Firearms § 3-10 Disorderly Conduct §3-11 Interference with Retail and Wholesale Practices § 3-12 Nuisance Alarms § 3-13 Distribution and Disposal of Reusable Hypodermic Needles and Syringes § 3-14 Imitation Firearms § 3-15 Skateboards § 3-17.5 Posting of Signs and Display Requirements for Certain Aerosol Containers and Markers § Cruising
Most Police regulation city ordinances deal with quality-of-life issues for the residents of Linden, NJ. Linden, NJ. City Ordinance violations do not appear on criminal history reports; while Title 2C Disorderly Persons do appear on State Criminal History Reports. This distinction is very important. Moreover, even if a defendant expunges the Disorderly Persons violation the police will always be able to see it. Expungements can be expensive.
CONTACT A LINDEN, N.J. CRIMINAL LAWYER TODAY
If you are accused of violating any Crime, disorderly persons offense, or City Ordinance in Linden 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.