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MUNICIPAL COURT
PAGE
INDEX
-
DMV Points
-
Fines & Penalties
(when Court is
Mandatory)
- Fines & Penalties
(when Court is Not
Mandatory)
- DWI / DUI /
Refusal
-
Underage DWI
- Open Container in MV
- Driving Under
Influence of Drugs
- Driving While in
Possession of Drugs
- Driving While License
Suspended
- Uninsured Driver
- Reckless
Driving
- Careless
Driving
- Disorderly Conduct
- Speeding in 65 mph
- "Hit &
Run"
- Assault
- Biography
Home
Alcoholic Beverage
Control Law
-
ABC Quiz
- ABC Violations
-
Compliance Checks
- Premise Liability
- License Transfers
- Important Forms
- Consultation
Municipal Court
-
DWI / DUI
- All Traffic Violations
- DMV Points & Fines
- Drugs in a MV
- Disorderly Persons
Personal Injury
-
Car
Accidents
- Slip & Falls
Entertainment Law
-
Music and
Bands
- Licensing
- Agents / Managers
Real
Estate
-
Residential
- Commercial |
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Disorderly Conduct
This offense is very common, especially in Jersey Shore towns.
Conviction of this charge could cause you to, among other things, lose
your right to visit your summer house (see below). Worse, you may end
up in jail for up to 6 months. You should not
automatically plead guilty to this serious charge.
An experienced attorney is
likely to get this charge downgraded, or even dismissed, as many towns
have local (non-criminal) ordinances that can be plead to.
Call or e-mail the Law Offices of Kalas & Jannarone for a free
consultation.
The Disorderly
Conduct Statute
2C:33-2. Disorderly conduct
a. 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.
b. 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.
L.1978, c. 95, s. 2C:33-2, eff. Sept. 1, 1979.
2C:43-8.
Sentence of imprisonment for disorderly persons offenses and petty
disorderly persons offenses
A person who has been
convicted of a disorderly persons offense or a petty disorderly persons
offense may be sentenced to imprisonment for a definite term which
shall be fixed by the court and shall not exceed 6 months in the case of
a disorderly persons offense or 30 days in the case of a petty disorderly
persons offense.
L.1978, c. 95, s. 2C:43-8, eff. Sept. 1, 1979.
2C:43-8.1. Seasonally leased
premises; termination of right to occupy, visit
In addition to any other
disposition authorized by law, if a person is convicted of a disorderly
persons offense, a petty disorderly persons offense or a violation of a
municipal ordinance and the offense or violation occurred at or involved
the use of a seasonally leased premises, the court may order the
termination of that person's right to occupy or visit the seasonally
leased premises for a period not to exceed 125 days.
As used in this section, "seasonally leased
premises" means premises leased as a residence for a period of less
than 125 consecutive days. The term "seasonally leased
premises" shall not include any structure provided by an employer on
the employer's property which is used as living quarters for seasonal,
temporary or migrant workers nor shall it include any premises used as the
principal residence of a tenant pursuant to the terms of a month to month
or week to week lease.
L.1992,c.29.
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