Mount Olive NJ Disorderly Conduct Lawyer
Mount Olive NJ Disorderly Conduct Lawyer
Charged with Disorderly Conduct in Mount Olive New Jersey
Disorderly Conduct Charge in Mount Olive NJ
Yelling, shouting profanities, fighting, rioting, shooting off loud fireworks, threatening violence, being drunk in public, and being rowdy and disruptive are all instances that can constitute disorderly conduct. Creating a dangerous condition, like fighting in a bar, is likely disorderly conduct as well (it may also be simple assault), as is screaming obscenities at a sporting event. And yelling coarse, offensive language at a fast food clerk who gave you the wrong order, screaming at a police officer giving you a ticket, or shoving someone during a music concert are also potential violations of New Jersey’s disorderly conduct statute, N.J.S.A. 2C:33-2. The essence of this charge is that the behavior is aimed at the public and serves no valid purpose, other than the possibility of providing cause to annoy, threaten, or disturb another or others. Thus, the behavior or language exceeds the boundaries of a First Amendment right to free speech defense.
If only a disorderly conduct charge is filed (and not aggravated assault or another indictable crime), the Mount Olive Municipal Court will hold a hearing for your first appearance, at which you will be read your charge or charges and answer with a plea of guilty, not guilty or no contest. If you plead not guilty and a trial is scheduled, a judge, not a jury, decides your case. Though a misdemeanor might not seem like much, the potential for jail time and a criminal record is significant. Like all other criminal charges in NJ, the charges must be proven beyond a reasonable doubt. The Mt Olive Municipal Prosecutor will present evidence usually witnesses (police officers and any other witnesses) and present evidence (videos, damage to property, pictures, etc.) and then the Mount Olive Judge will make a ruling – either guilty or not guilty (innocent).
Penalties for a Mount Olive Disorderly Conduct Offense
A disorderly conduct conviction results in a possible 30-day jail sentence and a $500.00 fine, plus any restitution for damages caused by the conduct. Though not a crime, the misdemeanor conviction is a criminal offense that shows up on a background check, which may affect job and other opportunities. Clearly, employers choosing between two qualified candidates for a job may be more likely to choose the candidate without the criminal record over the one with the misdemeanor. The good news, however, is that the conviction may be expunged from your record in five years. Nevertheless, a disorderly conduct offense does not have to lead to a conviction. Many times, you can avoid the repercussions and a criminal conviction altogether, whether by successfully dismissing the case with a motion or getting the disorderly conduct charge reduced to something less significant, like an ordinance violation.
Frequently Asked Questions (FAQ) About Disorderly Conduct Charges in Mount Olive NJ
FAQ: Am I facing jail time? Yes, up to 30 days in the Morris County Jail.
FAQ: Can I keep this off of my record? Possibly, if you can get the case dismissed or downgraded to a municipal ordinance violation. Also, if you are eligible for a conditional dismissal and successfully complete probation the case is dismissed.
FAQ: How can I expunge this from my record? It depends on how your case is resolved. If the case is dismissed, an automatic expungement can be filed right away. If the case is downgraded to an ordinance violation, it’s a two (2) year waiting period before expungement is possible. On a conditional dismissal, after the case is dismissed once probation is completed successfully, then you have to wait six (6) months before you can file an expungement. Finally, if you are convicted of disorderly conduct, you have to wait 3-5 years before being eligible to remove it from your record.
Discuss Your Case with a Mount Olive Disorderly Conduct Defense Attorney
Retaining a good criminal defense lawyer is especially helpful to presenting your side of things in Mount Olive Municipal Court and showing to the judge at trial that your intentions were not to disrupt the public peace for no legitimate purpose, or to use any offensive language that was annoying or threatening to others. It can also serve you when negotiating a favorable plea bargain with the municipal prosecutor or obtaining a conditional dismissal if you have no previous convictions. And your lawyer may be able to resolve the case by way of a municipal ordinance, allowing you to pay a simple fine and move on with your life. Seek competent legal counsel to further assist you by calling our experienced Mount Olive disorderly conduct lawyers today. We provide free, no-obligation consultations. Lines are answered around the clock, so please contact (908) 336-5008 to learn more.
