MONTCLAIR TOWNSHIP, NJ. STATE & FEDERAL CRIMINAL DEFENSE ATTORNEY
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 Juveniles in Montclair Township, NJ.. State felony charges and Juvenile charges 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. Montclair Township, NJ. Municipal Court hears most disorderly person violations, DWI's, traffic violations, and Montclair, NJ. Ordinance violations.
The Federal District Court for the District of New Jersey located in Newark, NJ. hears all Federal Criminal Charges committed in Montclair Township, NJ.
Montclair Township, NJ has approximately 40,000 people and a diverse community. Many upstanding citizens were born and raised in Montclair, NJ. among them is Herman Hupfield who wrote the song "As Time Goes By". for the classic academy awards Movie "Casablanca". The Song was voted as number "2" by the American Film Industry of 20th Century Film Movie Songs behind the "Wizard of Oz" song. Unfortunately, however, citizens of Montclair need criminal defense lawyers occasionally; The Law Office of Charles Dawkins Jr., zealously represents the accused of all State and Federal crimes, disorderly persons violations, and Juvenile adjudications occurring in Montclair, NJ.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN MONTCLAIR, 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 Montclair Township, 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 Montclair Township, 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 the Montclair, NJ. Municipal Court.
Felony charges are crimes. Essex 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 Essex County Superior Court Criminal Division are greater than in Montclair Township, 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 Special Remand Court.
WHAT IS A CONSIDERED A CRIME IN MONTCLAIR TOWNSHIP 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."
The Montclair NJ. Criminal Defense Lawyer 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 MONTCLAIR 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 Enforcement Agencies conduct the Criminal Investigations ---such as the FBI (Federal Bureau of Investigation) and DEA (Drug Enforcement Administration). The FBI is trained mainly at Quantico, Virginia--- some of the agents are lawyers or accountants, while all of the agents are college educated and highly trained in financial crimes, violent crimes, drug crimes, and all facets of criminal investigations, with a preeminent crime lab to buttress 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 sometimes 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 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 federal sentencing guidelines are not complicated for most criminal defense lawyers.
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 MONTCLAIR TOWNSHIP NJ MUNICIPAL COURT MUCH FASTER THAN A FELONY TRIAL?
A State and Federal felony trial takes longer than a 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 IS THE DIFFERENCE BETWEEN A CASE IN THE ESSEX COUNTY SUPERIOR COURT AND SPECIAL REMAND COURT?
Central Judicial Processing (CJP) handles all the processing and the first appearance for all Indictable offenses. Most Indictable Offenses are then assigned to a Judge in Essex County, NJ Criminal Court. However, in some cases, the Essex County, NJ Prosecutor's Office "downgrades " the felony charges---these are usually 3rd-degree or 4th-degree cases.
These downgrades lower the charge to a Municipal Disorderly Persons Case. The Special Remand Court handles all downgrades, and the County Prosecutor handles the disorderly persons' charges in the Special Remand Court. The presiding Municipal Court Judge for Essex County in the past handled the Special Remand Court.
WHAT HAPPENS IF PLEAD OR ARE FOUND GUILTY OF DISORDERLY PERSONS IN MONTCLAIR NJ MUNICIPAL COURT OR SPECIAL REMAND 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 Municipal Court much faster than in a Felony Trial Court.
WHAT IS THE DIFFERENCE BETWEEN PLEADING TO A MONTCLAIR TOWNSHIP, NJ CITY ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
The Montclair Township, N.J. is governed by the council-manager plan under the Faulkner Act. Ordinances have been enacted by the Montclair Township, NJ government that pertain to personal conduct in Montclair, Township 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.
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 Montclair Township Ordinance violation as opposed to a 2C Criminal Code violation. The disorderly persons record is not like bad credit. The disorderly persons record does not drop off automatically in time. The record remains there until the record is expunged. Even if the record is expunged, Law Enforcement will always be able to see the record. The Montclair Township, NJ. Municipal Judge will also be able to see the Ordinance violation.
The Municipal Prosecutor for Montclair Township, NJ, and the Montclair Township Municipal Court Judge will know all the Ordinance violations. The Criminal Defense Lawyer must familiarize himself with the Montclair Township, NJ Ordinance violations.
CONTACT THE LAW OFFICE OF CHARLES DAWKINS JR LLC IF YOU HAVE BEEN CHARGED WITH ANY STATE OR FEDERAL FELONY, DISORDERLY PERSONS, OR JUVENILE OFFENSE(S) IN THE MONTCLAIR, 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: 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