New Jersey Criminal Defense Attorney Blog

Criminal defendants in New Jersey are often confused about the particular charge they face after being arrested for a New Jersey disorderly persons offense. "Disorderly Persons" is not a specific type of crime. In fact, they are not crimes at all under NJ law. Rather, they are akin to misdemeanors.

Nevertheless, they are state criminal offenses and will subject you to a permanent criminal record if not expunged after conviction. Its obviously better to avoid the conviction at all rather than having to wait the necessary five years before becoming eligible for an expungement. The first step is therefore to retain a New Jersey disorderly persons lawyer as early as possible.

New Jersey classifies criminal offenses under three different general categories. Indictable offenses (in turn graded from 1st to 4th degree crimes) are commonly referred to as felonies in other states. The other two categories are disorderly persons and petty disorderly persons offenses.

Disorderly persons offenses in NJ include shoplifting, harassment, possession of less than 50 grams of marijuana and possession of drug paraphernalia.

Disorderly persons offenses are punishable by up to 6 months in jail and a $1,000 fine. Any offense involving drug possession in NJ, including possession of less than 50 grams of marijuana, also carry a 6 month minimum driver's license suspension.

Disorderly persons offenses can be expunged after five years of conviction (or from when the individual pays off all fines and completes probation). The only diversionary program currently in place for disorderly persons offenses is the conditional discharge program. This is only available for possession of under 50 grams of marijuana. Anyone enrolling in the program must successfully complete 1 year probation, which may include random drug testing. After successful completion of the program, the charge is dismissed.

State v. Vincent P. Boland, unpublished opinion, App. Div. Docket No. A-5857-07T4 (March 23, 2010) - Conviction for harassment reversed. "[W]e are unable to give the credibility findings of the municipal court judge the usual deference due to the concern that his perception of the case was colored by his prior experience [involving a teacher hitting a student when he was in school] and the evidentiary error in refusing to consider L.G.'s financial interest in these events [because of his pending civil suit against defendant] when weighing his credibility.

Accordingly, we remand for a retrial before a different Law Division judge. The retrial is not a de novo trial based on the earlier testimony. Rather a new trial must be conducted with witnesses testifying in order that the trier of fact can determine credibility.... We also reverse because no adequate findings were made on the intent required to sustain a charge of harassment ... under N.J.S.A. 2C:33-4(a)....

It is only where the statements are said with animus, with the purpose to harass the student, independent of any legitimate teaching concern, that the harassment statute should be invoked. On remand, careful attention must be paid not only to determining the credibility of the witnesses to decide what actually happened but also to ascertain if defendant had any intent to harass within the meaning of the statute."

In New Jersey, a person commits a petty disorderly persons offense if he or she is found guilty of Harassment. Petty disorderly conduct convictions carry up to 30 days in jail and a $500 fine. A person is guilty of Harassment if, with purpose to harass another, he:

a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d. (Deleted by amendment, P.L. 2001, c. 443).

e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.