Disordorly Conduct??

[testotony]

What is the name of your state? NJ

Hello, I have a disordorly conduct charge for making to much noise. I have a long criminal record including prison time and many municipal charges including previous disordorly conduct.

I have a public defender and he will not call me back and court is TOMORROW!! What can I expect this to be plead down to? And what can I expect the sentence to be??

Thanks

 

[seniorjudge]

Your lawyer will talk to you at court.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Bretagne]

Check to see exactly what statute you are charged with violating.

My understanding is that sentencing for disorderly and petty disorderly defendants is controlled exclusively by New Jersey's Code; the Judge has little leeway to depart from the Code. What is important to know, is, are you charged with a regularly disorderly, or a petty disorderly?

Per Westlaw at 17 NJPRAC § 22:1, it looks like:

The normal range of punishment for disorderly persons offense allows the court to impose a jail sentence of up to six months or a fine of up to $1,000, or both. A petty disorderly persons offense carries jail sentence of up to 30 days or fine of up to $500, or both. There are also mandatory associated assessments for both types of offenses, including the $50 Victims of Crime Compensation Board (VCCB) assessment, the $75 Safe Neighborhood Services Fund assessment, and $33 court costs.

Thus, the Code authorizes a range of sanctions for disorderly and petty disorderly offenses. It also offers guidance as to how and under what circumstances those sanctions are to be imposed. It explains how a judge is required to exercise the discretion provided to him by the Legislature when determining the appropriate sentence for a disorderly or petty disorderly persons offense.

In addition, there are numerous other possible sentencing alternatives authorized by the Code for disorderly or petty disorderly persons offenses. These include, among other things, issues of probation, restitution, suspended sentences, loss of driving privileges, and credit for time served before the imposition of sentence.

 

[testotony]

More questions

Thanks for your reply SeniorJudge. I dont know if you read my whole post but sadly I am very experienced in court over the past 20 years. From Federal down to municipal. I know how to act in court.

The main problem is that my Public Defender will not take my phone calls and I really want to get an idea what I am looking at tomorrow night in court. I have been to this court about two months ago for my not guilty plea and at that time I requested and was granted a public defender.

I know here in Jersey that a disorderly conduct charge carries a max of six months in jail and a thousand dollar fine. The main question is what can I plea this down to and what can I expect the sentence to be??

Thanks

 

[Zigner]

Thanks for your reply SeniorJudge. I dont know if you read my whole post but sadly I am very experienced in court over the past 20 years. From Federal down to municipal. I know how to act in court.

The main problem is that my Public Defender will not take my phone calls and I really want to get an idea what I am looking at tomorrow night in court. I have been to this court about two months ago for my not guilty plea and at that time I requested and was granted a public defender.

I know here in Jersey that a disorderly conduct charge carries a max of six months in jail and a thousand dollar fine. The main question is what can I plea this down to and what can I expect the sentence to be??

Thanks

Sorry, that darn crystal ball is on the fritz AGAIN!

 

[testotony]

The actual charge

The actual charge is 2C:33-2A I have looked all over the net and cant find out wether this is a dsorderly person or a PETTY disorderly person. I am obviously hoping it is just a Petty and can be plead down.

 

[testotony]

Court is tonight

Hello, court is tonight at 7PM eastern time. Any advice or info is welcome and appreciated.

 

[seniorjudge]

Hello, court is tonight at 7PM eastern time. Any advice or info is welcome and appreciated.

Read my post again; there is a lot of good information in there.

 

[Kane]

Testotony, if you've had twenty years experience with the courts, as well as a previous arrest for the same thing, you may have a better idea of what to expect than your PD does.

What happened last time you got this charge?

 

[testotony]

Kane, last time I was charged with this I got a fine and probation for a year. The thing that worries me is that even though it is a different town this will be my fourth time with all seperate charges over a few years in front of the same judge. This judge seems to be the judge in every court in my county. And even though it is my first time seeing him in this towns court it worries me that he is seeing me for the fourth time.

The last time I saw him was over two years ago and I have completed the probation already.

He warned me "If I ever see you in my courtroom again your going to jail" the last time I saw him.

 

[Gevalia]

He warned me "If I ever see you in my courtroom again your going to jail" the last time I saw him.

I would speculate, then, that that answers your question as to what to expect.