SCOTCH PLAINS TOWNSHIP, NJ. CRIMINAL DEFENSE ATTORNEY
The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 is an experienced criminal defense attorney who represents Criminal Defendants charged with crimes in State and Federal Courts; Disorderly Persons charges in Scotch Plains Township, NJ Municipal Court, and Juveniles in Family court or if waived up in Union County Superior Court. State Felony charges and Juvenile charges are heard in Union County, NJ Superior Court. Federal Criminal Charges are heard at the New Jersey District Court located in Newark, New Jersey
Scotch Plains, NJ. is located in Union County and has approximately 24,000 people. Historically Scotch Plains, NJ was home to Shady Rest Golf Country Club. The First African American Country Club in the United States. Moreover, John Shipen lived in Scotch Plains, NJ who is believed to be the first American Golf Professional and the first African American to compete in the U.S. Open.
WHAT IS THE DIFFERENCE BETWEEN A DISORDERLY PERSONS CHARGE IN SCOTCH PLAINS, NJ MUNICIPAL COURT, AND A FELONY CHARGE IN STATE COURT?
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 Scotch Plains, NJ., the accused of a disorderly person or petty disorderly person will not be tried with a jury, but the Scotch Plains, NJ. 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 Disorderly Persons case will be heard in Scotch Plains, NJ. Municipal Court by a Scotch Plains NJ. Municipal Judge. The Scotch Plains, NJ. 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 Scotch Plains, 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 that are heard in Union County, NJ. Superior Court
In some cases a plea agreement is accepted in Union County Superior Court that downgrades the Felony charge to a disorderly persons charge. The Union County Superior Court Judge has the authority to hear and accept or reject plea offers that deal with downgrade felony charges to disorderly persons charges.
State Felony charges are crimes. State Felony crimes committed in Scotch Plains, NJ. are heard in Union County N.J. Superior Criminal Court. Union County Superior Court prosecutes felony criminal charges under 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 Union County Superior Court Criminal Division are greater than in Scotch Plains, NJ. Municipal Court. In some cases, the Union County Prosecutor's Office on its own accord will remand a criminal case to Scotch Plains, NJ. Municipal Court.
WHAT IS THE DIFFERENCE BETWEEN A SCOTCH PLAINS RESIDENT BEING CHARGED WITH A FELONY IN N.J. STATE COURT AND A FELONY IN NEW JERSEY FEDERAL DISTRICT COURT?
There are many differences. This article will only highlight a few. The major difference is that "generally" Federal Law Enforcement Agencies complete the Criminal Investigation---such as the FBI and DEA. The FBI agents are trained in Quantico, Virginia and some of the agents are lawyers and accountants, while all of the agents are college educated and highly trained in financial crimes, violent crimes, and drug crimes and other Federal Crimes. Consequently, many times the cases presented for prosecution are compelling.
The Federal Government must be at the cutting edge of technology to protect the citizenry. The Federal Government in some cases would rather not use a technological advancement rather than permit the citizenry to know that they have it in their investigative arsenal.
State law enforcement agencies usually do not have the financial resources and training level of Federal Investigators.
Moreover, State crimes are prosecuted under Title N.J.S.A. 2C while most of Federal Crimes are prosecuted under Title 18 of the US Code and Title 26 of the US Code.
Notwithstanding, the major difference between State and Federal Crimes is that the Federal Court have Sentencing guidelines that the Federal Criminal lawyer must understand, and Federal Case Law is related to the guidelines and Statutory law. The sentencing guidelines are not complicated for most criminal defense lawyers. Most law schools have courses regarding federal crimes and sentencing taught by former or current High ranking former U.S Attorneys, Federal Defenders, or Federal District Judges.
The truth of the matter is that most Federal Cases are pleaded out. The Federal Guidelines offer "Offense Level Reduction for Acceptance of Responsibility" as well as other Sentencing guideline options depending on the facts of the case.
However, in the few 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 trial.
.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 CHARGED IN SCOTCH PLAINS, NJ. MUNICIPAL COURT TRIAL MUCH FASTER THAN A FELONY TRIAL?
A felony trial in Union County Superior Court will usually take longer than a Scotch Plains, NJ. 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 State 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 HAPPENS IF PLEA OR FOUND GUILTY OF DISORDERLY PERSONS IN SCOTCH PLAINS, 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 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 Scotch Plains, NJ. Municipal Court much faster than a State Felony Trial Court.
WHAT IS THE DIFFERENCE BETWEEN PLEADING TO SCOTCH PLAINS, NJ ORDINANCE VIOLATION AND PLEADING TO A DISORDERLY PERSONS OFFENSE?
The Scotch Plains, N.J. council and Mayor have enacted local ordinances. Some of these Ordinances pertain to personal conduct in, Scotch Plains, 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 Scotch Plains, NJ. 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, the police will always be able to see the record. The Scotch Plains, NJ. Municipal Judge of the respective city will be able to see the Ordinance violation,
The Municipal Prosecutor for Scotch Plains, NJ., and the Scotch Plains, Municipal Court Judge will know the Ordinance violations. The Criminal Defense Lawyer must familiarize himself/herself with Scotch Plains, NJ. Municipal Ordinances.
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 SCOTCH PLAINS, NJ.
The State and Federal Criminal Courts', Municipal Courts', or Family Courts' Decisions should not vary depending upon the Federal District Court, or city where the matter is being heard. The United States Constitution, Federal Statutes, and Sentencing guidelines apply to all Federal Courts regardless of the State. Also, 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 all Federal and State Felony charges, Disorderly Persons, and Family Court Juvenile matters in the entire State of New Jersey including the following cities: Scotch Plains, NJ., Cranfield, NJ, Westfield, NJ., Springfield N.J,, Fairfield, NJ, Elizabeth, NJ, Newark, NJ. East Orange, NJ, Irvington, 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