Defiant Trespass and Disorderly Conduct Charges Dismissed in Hoboken NJ

Hoboken Disorderly Persons Defense Lawyers

Trespassing Charges Hoboken NJ

Arrested for trespassing or disorderly conduct in Hoboken? A criminal charge can significantly impact your life but it doesn’t have to. Here is real case we successfully handled for a client facing misdemeanor criminal charges in the Hoboken Municipal Court.

Disorderly Conduct and Trespassing Charges in Hoboken Court

The Criminal Defense lawyers at the Tormey Law Firm LLC recently represented a client who was facing misdemeanor criminal charges for defiant trespassing (NJSA 2C:18-3) and disorderly conduct (NJSA 2C:33-2) in the Hoboken Municipal Court in Hudson County, New Jersey. These charges were brought by a NJ transit police officer who alleged that our client was intoxicated and sleeping on the platform in a restricted area. Our client had no prior criminal history and wanted to avoid these disorderly persons criminal charges on his permanent background check. In addition to that, he was facing thousands of dollars in fines, possible probation, and even county jail time if he was convicted of these charges.

Hoboken Disorderly Conduct Charges – NJSA 2C:33-2

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.

Trespassing Offense in Hoboken – NJSA 2C:18-3

2C:18-3 Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.

a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in the sterile area or operational area of an airport. Otherwise it is a disorderly persons offense.

b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3) Fencing or other enclosure manifestly designed to exclude intruders.

c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.

d. Defenses. It is an affirmative defense to prosecution under this section that:

(1) A structure involved in an offense under subsection a. was abandoned;

(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or

(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.

Trespassing, Disorderly Conduct Charges Hoboken Municipal Court – Failure to Provide Discovery, Right to a Speedy Trial – Motion to Dismiss Granted

We entered our appearance and a plea of not guilty for our client. In addition, we submitted a discovery request to the police department to obtain all the evidence associated with the case (including police reports, videos, witness statements, etc.). We were not provided any discovery before our court appearance. Then, when we appeared in court, the police officer who issued the charges failed to appear in court. We asked the judge for a “try or dismiss” marking on the next court date. This means that, if the police officer failed to appear a second time in court, the case would be dismissed. We appeared a second time in the Hoboken Municipal Court for a status conference and again we had not been provided any of the discovery evidence before court. Once again, the police officer failed to appear for the court appearance despite the fact that the prosecutor sent him a notice to appear. As a result, the judge had no choice but to dismiss the case completely. This was a great result for our client and the Tormey Law Firm. Now, he is eligible to move for an immediate expungement to have the arrest removed from his record.

Hoboken Disorderly Conduct Offense Downgraded to Local Ordinance and No Criminal Record

Here is a case we handled in late 2018 for a client facing similar charges where we were able to avoid any criminal record and achieve a fantastic result in court. Our client was a 22 year old young professional with no prior criminal history. He is a resident of Hoboken as many young people are. On this particular evening, he was out with friends having drinks and he had a few too many. He went home but on his way he was heckled by a man riding his bike past. He and the man had words and a scuffle ensued. The police responded and our client was charged with disorderly conduct. Luckily, no one was injured in the incident.

Disorderly Conduct Charges Hoboken NJ

Petty Disorderly Persons Offense for Disorderly Conduct in Hoboken NJ

Disorderly conduct is the lowest level criminal offense we have in New Jersey (known as a petty disorderly persons offense). The biggest issue is, if you are convicted of this charge, the conviction will end up on your permanent criminal record (showing up on background checks for work, school, professional licenses, traveling in and out of the country, etc.). Disorderly conduct is governed under New Jersey statute 2C:33-2.

Negotiating for a Reduced Charge to a Non-Criminal Offense in Hoboken

In this case, we appeared in court and negotiated a plea agreement with the prosecutor. The State agreed to downgrade (amend) the disorderly conduct criminal charge to a local ordinance violation (also known as a town ordinance or a borough ordinance) which results in a fine and no criminal record. An ordinance is on the level of a littering ticket or a noise complaint for having a party at your house.

This is a great result in a case like this. Our client’s professional career is no longer in jeopardy as this charge will not appear on his permanent record. He was extremely apologetic to the police officer in court and clearly learned his lesson. He was also very satisfied with the work performed on his case by the Tormey Law Firm LLC.

Fight Trespassing and Disorderly Conduct Criminal Charges in Hoboken Municipal Court

Have you or a loved one been arrested and charged with disorderly conduct in Hoboken NJ? Do you need a lawyer to protect your rights and fight for you in court? We can help.  If you or a loved one needs assistance with disorderly persons charges in Hudson County NJ, contact the Tormey Law Firm now for a free consultation at 201-556-1570.