Point Pleasant Beach Disorderly Conduct Offense
Criminal Defense Lawyer & Former Prosecutor
It is not uncommon for our law firm to receive an alarming telephone call from someone who is in shock after being arrested and charged with Disorderly Conduct in Point Pleasant Beach. If you find yourself in this situation, the criminal attorneys at our criminal defense firm, the Law Offices of Jonathan F. Marshall can assist you. Our criminal lawyers are experienced in representing individuals charged with disorderly persons offenses in Point Pleasant Beach, including Disorderly Conduct and other alcohol related offenses. A criminal attorney from our office is available immediately to answer your questions and initial consultations with a lawyer are always without charge. The following is information which we have provided for the assistance of individuals charged with Disorderly Conduct, Unlawful Conduct, or Loitering in Point Pleasant Beach.
Disorderly Conduct Offense in Point Pleasant Beach
It is important for individuals to understand that a Point Pleasant Police Officer has the ability to write a criminal complaint, summons or ticket, for Disorderly Conduct in two very different ways. An arrest for Disorderly Conduct can be based on N.J.S.A. 2C:33-2 of the New Jersey Criminal Code or under the Point Pleasant Ordinance Book. The Point Pleasant Disorderly Conduct Ordinance is couched in terms of Loitering and provides:
3-17.1 Prohibited and Unlawful Conduct. It shall be unlawful for any person to behave in a riotous or disorderly manner in or at any public meeting of the council, the board of adjustment, the planning board, board of health, or any division, agency or authority of the borough, or to cause any unnecessary disturbance therein, by force, shouting, yelling, interruption or any other action calculated to disrupt such meeting, or to refuse to obey any rule of the mayor or the presiding officer of such meeting relative to the orderly process thereof. 3-3.1 Loitering Prohibited. No person shall loiter in or upon any public street, sidewalk, highway, boardwalk, alley or other public place in the Borough of Point Pleasant Beach.
3-3.3 “Loitering” Defined. The term “loitering” as used in subsection 3-3.1 shall include:
a. The concepts of standing idly by, spending time idly, loafing or walking about aimlessly without purpose, and shall include the colloquial expression of “hanging around”.
b. Obstructing of free unhampered passage of pedestrians or vehicles.
c. Obstructing, molesting or interfering with any person lawfully upon any public street, sidewalk, highway, boardwalk, road, alley or other public place, as defined in this section.
This paragraph shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature, or which are calculated to annoy or disturb the person to or in whose hearing they are made.
d. Loitering in a public place in such manner as to create or cause to be created a breach of peace.
e. Loitering in a public place in such manner as to create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
3-3.4 Discretion of Police Officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-3.3, he may. if lie deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who refuses to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
A Disorderly Conduct complaint can also be based on an alleged violation of the New Jersey Criminal Code under N.J.S.A. 2C:33-2. This law criminalizes certain “improper behavior” and “offensive language”. The thrust of the statute is to prohibit conduct or language which is threatening and/or is likely to foster violence. A conviction for disorderly conduct under N.J.S.A. 2C:33-2 carries up to six (6) months in jail, fines and other penalties.
Irrespective of which disorderly conduct law a person finds themselves charged with, the important consideration is that both carry the potential for jail, monetary penalties and probation. An experienced criminal defense lawyer is a must in our opinion as a conviction can have significant consequences on an individual’s life. If you or someone you know has been charged with Disorderly Conduct in Point Pleasant Beach, our criminal lawyers can help. Our attorneys include Jonathan F. Marshall, a former prosecutor, with over fifteen years experience appearing in Point Pleasant Beach and other Courts in Ocean County. A lawyer is accessible immediately to address your concerns and discuss your case in detail. Please do not hesitate to contact our office if you have been charged with Disorderly Conduct in Point Pleasant Beach and need an attorney.