Disorderly Conduct: A Criminal Offense
I represented a client in Keansburg Municipal Court this morning. I saw many individuals charged with "Disorderly Conduct". A wide range of circumstances can lead to a disorderly conduct charge: a fight, an argument, or some other improper behavior or offensive language. Most defendants do not realize the seriousness of these charges. This is a "2C" criminal offense which leads to a permanent record if you are found guilty or plead guilty. The statute governing disorderly conduct in New Jersey is N.J.S.A. 2C: 33-2. The defendant also faces up to six (6) months in prison as a result of this petty disorderly persons offense.
I was also amazed and slightly disappointed that individuals were willing to plead guilty to the disorderly conduct charge without speaking to a lawyer or, at the very least, speaking with the prosecutor to discuss a potential plea agreement. These disorderly conduct charges can often be amended down to a municipal or borough ordinance. This means that the defendant pleads guilty to a local ordinance rather than the "2C" criminal offense and avoids a permanent criminal charge on his or her record. The municipal ordinance results in a fine and the case is resolved. This can have a significant impact on a defendant's life as they avoid a permanent criminal record which is very important when looking for jobs, etc. Therefore, if you are charged with disorderly conduct in New Jersey, speak to a lawyer or at the very minimum meet with the prosecutor on your court date to determine if a plea agreement can be reached amending the criminal charge to a municipal ordinance.
I have been charged with Petty Disorderly Persons. The proof includes a video tape (with NO audio) which is segmented (meaning there are several "clips" and does not include coverage of all areas and all events (covering the police officers testimony. The police did not visually witness the event and there are no corroborating witnesses for the state. I have a witness which will refute the testimony of the arresting officer. Again no corroborating witnesses or testimony by the state.
Further, the ACLU has (on threat of or appeal) successfully overturned these convictions in a number of areas based on differing Appelate and Supreme Court rulings.
I am ProSe and have been hampered in obtaining discovery (which has resulted in a number of adjournments) from the Prosecutor, local p-olice, local municpality, local police departments etc.