Seaside Heights, NJ Disorderly Conduct Attorneys
If you have been charged with Disorderly Conduct in Seaside Heights, NJ, you are, surprisingly, facing criminal consequences. A Disorderly Conduct in New Jersey is a criminal offense referred to as a petty disorderly persons offense.
If convicted, you could be sentenced up to 30 days in the Ocean County Jail and fined in excess of $500.00. Just as importantly, a conviction for disorderly conduct will leave you with a criminal record. A criminal record can affect your educational opportunities, current employment and future employment.
Seaside Heights, NJ in the summer is a great shore town to relax with family, or unwind with friends after a long school year or rough week at work. You have an absolute right to live life to the fullest and enjoy your time in Seaside Heights. Unfortunately, other people sometimes interfere with your enjoyment. The bar owners and police in Seaside Heights can be extremely aggressive and impatient.
Your intentions for the day may have been to have a good time but you may have inadvertently been dragged into some kind of confrontation or argument that results in being charged by the police with Disorderly Conduct. Other times, alcohol consumption can lead to a temporary but significant error in judgment. Regardless of why you were charged with Disorderly Conduct , the Seaside Heights, NJ criminal defense lawyers have a solution for you.
The lawyers at The Law Offices of Clark, Clark and Noonan LLC have represented hundreds of clients charged with Disorderly Conduct in and around Seaside Heights New Jersey which is technically known as a violation of New Jersey Criminal Code 2C: 33-2. Our certified criminal trial attorney and former prosecutors have exclusively handled these types of criminal Disorderly Conduct cases for well over 30 years.
Our main goal is to protect you from a criminal record. You may ask, how are you able to help me avoid a criminal record? Unlike many other firms, we have trial lawyers solely dedicated to the practice of criminal law. We have tried hundreds of felony and disorderly persons criminal cases. We scrutinize the police reports and police conduct.
We are able to use to your advantage the mistakes made in the police investigation and we are able to attack the credibility of the witnesses against you. If there is a way to get your Seaside Heights, NJ Disorderly Conduct charge dismissed, we will find it. Our Seaside Heights Disorderly Conduct lawyers routinely get the criminal charges dismissed or amended to a non-criminal violation which will not impact your record. We will fight to make sure an unfortunate error in judgment will not permanently affect your liberty, employment or educational opportunities.
If you have been charged with Disorderly Conduct in Seaside Heights, NJ call us today at Clark, Clark &, Noonan for a free consultation and case assessment at 732-303-7857. Our office is just a few miles from the Seaside Heights Municipal Court.
You Always Have a Defense- They have to Prove Intent
If the Seaside Heights police arrest you for Disorderly Conduct, they will usually hand you a Complaint Summons that requires you to go to appear in the Seaside Heights Municipal court. The Warrant or Summons the Seaside police have signed against you for Disorderly Conduct is nothing more than a charging document and is not considered evidence of a criminal offense.
The prosecutor still has to prove the case against you beyond a reasonable doubt and that includes proving that you purposely or recklessly caused public inconvenience or alarm by your conduct or that you purposely used offensively course or abusive language to offend another in a public place.
If the prosecutor cannot prove “criminal intent” then you cannot be convicted of Disorderly Conduct in Seaside Heights, NJ. There are many other defenses based on the credibility (or lack of credibility) of eyewitness testimony or a failure in the police investigation.
Our firm explores all of the potential defenses in an effort to get your Seaside Heights Disorderly Conduct charges dismissed or downgraded to a non-criminal offense. Call us today at Clark, Clark &, Noonan for a free consultation and case assessment at 732-303-7857.
You Have the Constitutional Right of Free Speech
Believe it or not, you can be charged with Disorderly Conduct in Seaside Heights, NJ for using offensive language in a public place. The Disorderly Conduct statute specifically prohibits offensive language in a public place where the purpose is to “offend the sensibilities of a hearer.”
Being charged with a criminal offense because you were overheard using “loud and offensively coarse or abusive language”, seems ridiculous but that is exactly what subsection b. of the Disorderly Conduct statute prohibits.
Nonetheless, you have a defense and we are experts in asserting your right to free speech. The courts have already addressed the issue of the Disorderly Conduct statute as it relates to free speech. The court has determined that language that is merely found offensive by a sensitive hearer cannot be prohibited consistent with the Constitution.
Unfortunately, this does not stop the police from occasionally signing a complaint against someone who let a little offensive or course language slip out while in public. Do not worry, as already stated above, a Complaint is not evidence.
At Clark, Clark and Noonan, we won’t let you go down with a criminal record for exercising your right to free speech in Seaside Heights, NJ. When we go to court we make sure the prosecutor and judge are fully aware of the legal research and understand that you cannot simply criminalize all speech.
We have the trial experience, expertise and commitment to attack the credibility of the case against you, conduct our own investigation if necessary and put you in the best possible position to assert your right to speak.
Our firm explores all legal defenses to make sure your Disorderly Conduct charge is dismissed, downgraded to a non-criminal offense or eventually dismissed after a diversionary program. Call us today at Clark, Clark &, Noonan for a free consultation and case assessment at 732-303-7857.
Seaside Heights, NJ – Disorderly Conduct -Definition
The Disorderly Conduct offense is located in the New Jersey criminal code at NJSA 2C: 33-2 and states as follows:
2C:33-2. Disorderly conduct
- Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
- Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.”Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
At Clark, Clark & Noonan, our criminal lawyers have the meaningful experience and defense strategies that will put you in the best position to safeguard your rights and protect your future from a Seaside Heights Disorderly Conduct conviction. Call us today for a free consultation and case assessment at 732-303-7857.