All criminal offenses are measured in term of severity in New Jersey based on grade. The lowest grade of charge is a disorderly persons offense which is the equivalent to a misdemeanor in most other states. An extremely high number of violations falling within this category are filed in the City of Rahway every year. What we are talking about here are offenses such as:
- Simple Assault
- Disorderly Conduct
- Obstruction the Administration of Law
- Resisting Arrest
- Possession of 50 Grams or Less of Marijuana
- Drug Paraphernalia Charges
- Harassment
- Shoplifting (i.e. merchandise value of less than $200)
A disorderly persons offense does not give rise to a right to a jury trial so jurisdiction falls within the Rahway Municipal Court. All issues of fact and law are decided in this setting by a judge presiding over the municipal court. Permissible penalties for a disorderly persons offense include up to six months in the Union County Jail and a fine of up to six months. If the violation is drug related, there is also a six month to two year driver’s license suspension.
An individual can avoid prosecution for a non-drug related disorderly persons offense through the conditional dismissal program. When the charge is CDS or paraphernalia related, the diversionary program is conditional discharge.
There is a five year waiting period for expungement of a disorderly persons offense.
If you are facing a disorderly persons offense of any nature in Rahway New Jersey, you are encouraged to contact our office at 908-272-1700.
