ORANGE, NJ. CRIMINAL DEFENSE ATTORNEY
The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 is a criminal defense attorney who represents Criminal Defendants, Disorderly Persons Defendants, and Juveniles in Orange, NJ.. 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. Orange, NJ. Municipal Court hears disorderly person violations. Orange, NJ. has approximately 30,134 people.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN ORANGE 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. THERE IS NO RIGHT TO INDICTMENT BY GRAND JURY AND NO RIGHT TO TRIAL BY JURY OF DISORDERLY PERSONS.
The case will be heard in the Orange, 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 the Orange, NJ. Municipal Court.
Felony charges are crimes. Essex 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 Crimesp
- 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 the Township of Springfield 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.
WHY IS A DISORDERLY PERSONS CHARGE TRIAL MUCH FASTER THAN A FELONY TRIAL?
A 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.
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 of the 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 PLEA OR FOUND GUILTY OF DISORDERLY PERSONS IN ORANGE, NJ MUNICIPAL COURT OR SPECIAL REMAND 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. 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 AN ORANGE, NJ CITY ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
The City of Orange, Township, N.J. council and Mayor over the years have enacted local ordinances. Some of these Ordinances pertain to personal conduct in Orange, 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 city Ordinance violation as opposed to a 2C Criminal Code violation. The disorderly persons record is not like bad credit. It 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 Municipal Judge of the respective city will be able to see the Ordinance violation,
The Municipal Prosecutor for Orange, NJ and the Municipal Court Judge will know the Ordinance violations. The Criminal Defense Lawyer must familiarize himself with the City of Orange Township, NJ. Ordinance violations.
CONTACT THE LAW OFFICE OF CHARLES DAWKINS JR LLC IF YOU HAVE BEEN CHARGED WITH ANY FELONY, DISORDERLY PERSONS OR JUVENILE OFFENSE(S) IN CITY OF ORANGE TOWNSHIP, NJ.
The Criminal Court, Municipal Court, or Family Court Decision should not vary depending upon the County or city where the matter is being heard. The United States Constitution, the New Jersey State Constitution, New Jersey Supreme Court, precedential Appellate Division Superior Court decisions, and New Jersey Statutory Law and Rules apply to the entire New Jersey State.
Consequently, the Law Office of Charles Dawkins Jr., LLC represents Felony, Disorderly Persons, and Family Court Juvenile matters in the entire State of New Jersey including the following cities: 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