When someone violates the New Jersey Criminal Code, a related charge may be filed. The lowest grade of violations are disorderly persons offenses. Typically, these charges are heard in municipal courts like the one in Elizabeth, Cranford, and Westfield. Our attorneys are former municipal prosecutors who have been defending individuals throughout the county for decades. Call us for a free consultation at 908-272-1700.
How Much Time Do Police or a Private Citizen Have To File A Disorderly Persons Offense?
When someone is charged with an indictable offense, an indictment represents the commencement of the prosecution. In contrast, a disorderly persons offense commences the moment the criminal complaint is filed. A police officer, court clerk or private citizen possesses one (1) year from the date of the violation to file a complaint otherwise it is time barred in accordance with N.J.S.A. 2C:1-6. This is what is referred to as the statute of limitation. In computing the one (1) year limitation, the date of the alleged violation is not included in the calculation. In addition, if the limitation period expires on a Saturday, Sunday or a legal holiday, in other words, on a day when the court is not opened, the complaint is timely if it is filed on the first available business day thereafter.
Examples of Disorderly Persons Offenses
Some disorderly persons offenses are more common than others. The most prevalent examples include:
- Simple Assault
- Possession of Marijuana
- Resisting Arrest
- Disorderly Conduct
- Harassment
- Shoplifting
How Is The Statute Of Limitation Computed When The Disorderly Persons Offense Is A Downgraded Indictable Crime?
When a criminal offense is originally filed as an indictable crime of the first, second, third or fourth degree and later downgraded to a disorderly persons offense, the commencement date for the statute of limitations is the date the charge was filed. As long as the indictable criminal offense was filed within one (1) year of the date of the alleged violation, the downgraded disorderly persons offense is timely.
If you need assistance defending a disorderly persons offense, call us at 908-272-1700 for immediate assistance.
