NEWARK, NJ CRIMINAL DEFENSE ATTORNEY
The Law Office of Charles Dawkins Jr LLC (908) 962-9929 located near Newark, NJ defends all felony charges and Disorderly Persons Charges, DUI Offenses Traffic Violations, and Code violations for the city of Newark, N.J.---the most populous city in New Jersey. The Essex County NJ. Superior Court handles all felony crimes committed in Newark, NJ., and Newark Municipal Court handles all disorderly persons, DUI's and Newark City Ordinance violations.
The city of Newark, NJ. takes great pride in the efficient and fair working of its municipal court. The Newark NJ. Municipal Court is located at 31 Green Street, Newark, New Jersey 07102. The Newark, NJ Municipal Court is arguably the busiest State court in New Jersey. Counsel worked as an Assistant Prosecutor for the city of Newark, NJ. All the Municipal Judges had great knowledge regarding the city of Newark, NJ. Most of them grew up in Newark NJ. and had a deep concern for the well-being of the city.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN NEWARK, 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 iniated by a Complaint. THERE IS NO RIGHT TO INDICTMENT BY GRAND JURY AND NO RIGHT TO TRIAL BY JURY FOR DISORDERLY PERSONS OFFENSES.
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 Newark, 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. Essex County N.J. Superior Criminal Court deals with all felony criminal charges committed within Essex County, NJ. 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
The sentencing penalties in Essex County Superior Court Criminal Division are greater than in Newark, 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 Newark, NJ. Municipal Court.
WHAT HAPPENS IF CONVICTED OF DISORDERLY PERSONS IN NEWARK NJ MUNICIPAL COURT
A conviction for 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 petty disorderly persons 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 prior criminal history of the Defendant 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.
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 Essex 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 overridden by a serious injustice if the Defendant is imprisoned.
The Judge ultimately has a lot of sentencing discretion in felonies and disorderly persons sentencing. If charged with Disorderly Persons, the defendant should seek legal counsel.
CONTACT A NEWARK N.J. CRIMINAL DEFENSE LAWYER TODAY
If you are charged with any felony or disorderly persons offense in Newark, 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 all State and Federal charges, and disorderly persons charges. Schedule a Consultation to learn more at (908) 962-9929