Disorderly Conduct Charges in Summit, New Jersey: Understanding the Law and Protecting Your Rights

Disorderly Conduct Charges Attorney Summit, NJ

Disorderly Conduct Summit, NJ

Being charged with disorderly conduct in Summit, New Jersey can be a stressful and confusing experience. Whether you’ve been accused of public disturbance, offensive language, or disruptive behavior, a disorderly conduct charge can have serious consequences, including fines, jail time, and a permanent mark on your record. If you or a loved one are facing a disorderly conduct charge in Summit, NJ, then Brett M. Rosen is an excellent choice for your defense because:

  1. Experience: As a seasoned lawyer licensed in both New York and New Jersey, Rosen specializes in criminal and civil litigation.
  2. Client Satisfaction: His clients praise his professionalism and effectiveness, describing him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: He has handled high-profile cases, including representing a celebrity in a domestic violence case and a Grammy-Award winning artist in drug cases.
  5. Recognition: Brett M. Rosen has been recognized as a Rising Star by Super Lawyers.

For vigorous defense and unwavering advocacy, consider reaching out to Brett M. Rosen. Brett M. Rosen, Esq. is committed to providing aggressive, effective defense against disorderly conduct charges in Summit. We understand the complexities of New Jersey’s laws and will fight tirelessly to protect your rights and freedom. Call today (908-312-0368) or email us at brett@nynjcriminalcivilesq.com.

 

Understanding Disorderly Conduct in New Jersey

New Jersey’s disorderly conduct statute (N.J.S.A. 2C:33-2) defines disorderly conduct as:

  • Engaging in fighting, threatening, or violent behavior
  • Creating a hazardous or physically dangerous condition
  • Using offensively coarse language in public with the intent to cause public inconvenience, annoyance, or alarm

Potential Consequences of Disorderly Conduct Convictions

The penalties for disorderly conduct in New Jersey can vary, depending on the specific circumstances and the judge’s discretion:

  • Petty Disorderly Persons Offense: Disorderly conduct charge is a petty disorderly persons offense, punishable by up to 30 days in jail and a fine of up to $500.

If convicted, it can leave a defendant with a criminal record. This may affect employment, housing, and other areas of life. Not to mention, the social stigma of having a criminal record. 

Defenses Against Disorderly Conduct Charges in Summit, NJ

The right defense strategy can make all the difference in your case. We will explore all potential defenses, including:

  • Lack of Intent: The prosecution must prove you intended to cause public inconvenience, annoyance, or alarm. A key element of disorderly conduct is the intent to cause public inconvenience, annoyance, or alarm. If you can show that you did not intend to cause such a disturbance, it could be a strong defense.
  • Lack of Purposeful Conduct: The prosecution must prove that you acted purposefully or knowingly to cause a public disturbance. If your actions were unintentional or reckless, it might be a defense.
  • Free Speech: We may argue that your behavior was protected by your First Amendment right to free speech. While your words or actions might have been offensive or annoying to some, they must reach a level of seriousness to be considered disorderly conduct under the law.
  • De Minimis Infraction: In some cases, the conduct may be considered too minor to warrant a disorderly conduct charge. This defense argues that the alleged conduct was too trivial or minor to warrant a disorderly conduct charge.
  • Lack of Evidence: The prosecution must prove the elements of disorderly conduct beyond a reasonable doubt. We can challenge the evidence and identify any weaknesses in the prosecution’s case.
    • Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of the offense beyond a reasonable doubt, it could be a defense.
    • Witness Credibility: If the prosecution’s case relies heavily on witness testimony, your attorney can challenge the credibility of those witnesses by highlighting inconsistencies or biases in their statements.   
    • Conflicting Accounts: If there are conflicting accounts of what happened, it could create reasonable doubt about your guilt.
  • Self-Defense or Defense of Others: If your actions were in response to a threat or in defense of yourself or another person.
  • Necessity: If your actions were necessary to prevent a greater harm, you might be able to argue a necessity defense.

Frequently Asked Questions (FAQs)

Disorderly conduct charges in Summit, NJ can be confusing and have lasting repercussions if not handled correctly. Here are some FAQs that address common concerns and questions individuals facing disorderly conduct charges in Summit might have:

  • What should I do if I’m arrested for disorderly conduct in Summit, NJ?
    • Remain calm, exercise your right to remain silent, and ask for a lawyer immediately.
  • Can I be charged with disorderly conduct for yelling in public?
    • Yes, if your yelling is considered offensively coarse language and creates a public disturbance.
  • Can a disorderly conduct charge be expunged from my record?
    • In some cases, yes. You may be eligible for expungement after a certain period of time, but it’s crucial to consult with an attorney to determine your eligibility.
  • What is the difference between disorderly conduct and disturbing the peace?
    • In New Jersey, disturbing the peace is not a separate offense but can be considered a form of disorderly conduct.
  • Can I still get a job if I have a disorderly conduct conviction?
    • While a conviction can make it more difficult to find employment, it doesn’t automatically disqualify you.

Additional FAQs

What is considered disorderly conduct in New Jersey?

  • New Jersey law defines disorderly conduct as engaging in behavior that intentionally causes public inconvenience, annoyance, or alarm, OR using offensive language with the purpose to offend others or in reckless disregard of causing offense. This can include fighting, threatening behavior, creating a hazardous condition, or using unreasonably loud or offensive language.

What are the penalties for disorderly conduct in New Jersey?

  • Disorderly conduct is a petty disorderly persons offense. Penalties can include fines (up to $500), up to 30 days in jail, and a criminal record.

Can I be charged with disorderly conduct for protesting?

  • Protesting is generally protected under the First Amendment. However, if the protest involves violence, property damage, or significantly disrupts public order, it could lead to disorderly conduct or other charges.

Where do disorderly conduct cases in Summit get handled?

  • Disorderly conduct cases in Summit are typically handled by the Summit Municipal Court.

Are there any alternative programs for first-time offenders in Summit?

  • The Summit Municipal Court may offer conditional dismissal or other diversionary programs for eligible first-time offenders, which can help avoid a criminal record.

Why Choose Brett M. Rosen, Esq. for Your Summit Disorderly Conduct Case?

Top-Shelf Disorderly Conduct Defense Attorney Summit, NJ

  • Experienced Disorderly Conduct Defense Attorney: Brett M. Rosen has extensive experience defending clients against disorderly conduct charges in Summit and throughout New Jersey. He understands the nuances of disorderly conduct laws and has a proven track record of success.   
  • Certified Criminal Trial Attorney: His certification demonstrates his expertise in legal strategy and courtroom advocacy, which are essential for effectively challenging disorderly conduct charges.
  • Thorough Investigation: He will conduct a thorough investigation of your case, examining the circumstances of the alleged disorderly conduct, the evidence against you, and any potential witness inconsistencies.
  • Aggressive Representation: He will aggressively advocate for your rights, challenging the prosecution’s case and seeking the best possible outcome, whether it’s a dismissal, a reduction in charges, or alternative sentencing options.

Don’t Face Disorderly Conduct Charges Alone – Get Expert Legal Guidance

If you’re facing disorderly conduct charges in Summit, NJ, don’t navigate the legal system alone. Brett M. Rosen, Esq. is here to provide experienced, dedicated representation. We’ll fight for your rights, protect your reputation, and work towards the best possible outcome for your case.

Contact us today at 908-312-0368 & brett@nynjcriminalcivilesq.com for a free consultation.

I do not usually leave comments but this time if I feel like doing it because I am and will always be grateful with the lawyer Brett Rosen, he is a super lawyer, he helped me with a serious and delicate situation with my son, thanks to him, my son will have an opportunity to amend a big mistake he made, thank you very much, I will live grateful.
Yulye