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what is the general penalty for disordly conduct while ...

Resolved Question:

what is the general penalty for disordly conduct while intoxicated 1st time offense of any crime in nj.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.

Under NJ law, disorderly conduct is:

a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood

Disorderly Person Offenses carry a 6 month possible jail sentence, up to $1000 fine, possible community service and possible probation period (there are some exceptions). Petty Disorderly Offenses carry a possible jail sentence of 30 days, up to $500 fine, possible community service and possible probation. Both offenses require a $75 S.N.A. penalty and a $50 V.C.C.B. penalty and Court costs. Normally first convictions only result in a fine.

Based on the fact that you have no prior criminal history, the court will most likely offer you a withheld adjudication and make you pay a fine/ court costs. Jail time and hefty fines usually occur when a defendant has multiply priors or the conduct was outrageous, in which jail time is necessary.

You may also want to see if the court offers a diversion program, upon which you complete successfully, the charges against you could be dismissed.

Customer: replied 6 years ago.
Reply to CrimDefense's Post: so when i go to court i dont need a lawyer and should try to speak with the prosecutor?
Expert:  CrimDefense replied 6 years ago.
Well, you may have defenses to your case, based on the facts. The way you are going to know, is if you speak with an attorney. If you do not wish to fight the charges, you can ask the prosecutor when your case is called, if there is a diversion program for you to participate in, if you so chose. Finally, you will be given an offer to resolve your case that day. If you want to accept it and get everything over with, make sure you know the consequences of your plea and how it could effect you down the road.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 17243
Experience: 8+ years defending Misdemeanor and Felony cases.
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