Fines, Penalties & Other Punishment Imposed Upon Conviction for a Disorderly Persons Offense
The most common variety of charge heard by the Municipal Court and criminal courts in NJ is referred to as a disorderly persons offense. This pedigree of offense also includes petty disorderly persons offenses which are less serious in nature. Irrespective of which type of these charges you are subject to, the penalties that may be imposed if you are convicted, can severely affect your life. Please do not hesitate to contact our firm, the Law Offices of Jonathan F. Marshall, if you want assistance in avoiding the repercussions of a negative outcome as our lawyers have significant experience to insure that this does not happen. An attorney is available anytime 24/7 at 1-877-450-8301 to assist you and we hope that you also find the information that follows to be helpful.
In accordance with N.J.S.A. 2C:43-8 of New Jersey Law, a person who is convicted of either a disorderly persons or petty disorderly persons offense may be incarcerated. That is, he or she may be sentenced to a period in jail. The maximum period of jail is six (6) months for a disorderly persons offense and thirty (30) days for a petty disorderly persons offense. Certain provisions of the law in NJ also make jail mandatory upon conviction. For example, there is a mandatory minimum period of incarceration of ninety (90) days for a third offense of disorderly person shoplifting.
Fines & Assessments
N.J.S.A. 2C:43-3(c) also permits a NJ judge to impose a fine of up to $1,000 for a disorderly persons offense and $500 for a petty disorderly persons offense. A defendant is required to pay additional assessments upon being convicted or pleading guilty to such a charge. Court costs in the amount of $33 are imposed on every count of the complaint which the accused is found guilty of, along with assessments of $50 for the Victims of Crime Compensation Board (“VCCB”) and $75 for the Safe Neighborhoods Services Fund. Additionally, a Drug Enforcement and Demand Reduction Penalty (“DEDR”) is imposed where the disorderly persons offense involves possession of drugs or drug paraphernalia. Drug and paraphernalia charges also give rise to a mandatory period of drivers license suspension of six (6) months absent a showing of hardship.
Failure to Pay Fines
When a defendant fails to pay fines, assessments or restitution, a court may order them to appear by way of notice or warrant. The related appearance in court is intended to determine whether modification of the fine and sentence is warranted based on a genuine inability to pay. If the Court finds, however, that the nonpayment is willful, then the defendant may be held in contempt and incarcerated.
If you would like more information regarding a particular criminal matter, a lawyer from our defense firm would be happy to assist you. Our attorneys are always interested in speaking to potential clients or just answering questions. Give us a call at 1-877-450-8301 if you need our help.