Staten Island, NY asked in Criminal Law and Libel & Slander for New Jersey

Q: I was charged with N.J.S.A. 2C:18-3b wich is - according to the above - a petty disorderly person. Can I be arrested?

I visited police station and was handed a complaint defendants copy

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2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: The presentation of a charge against you amounts to an arrest. Because it is under section 2C of the criminal code, it will appear on a criminal background check until it is expunged. Because of the potential poison your future with a criminal conviction, it is recommended that you retain a criminal lawyer.

H. Scott Aalsberg Esq. agrees with this answer

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: A defiant trespass is technically not a crime in NJ but will be on your criminal record, so when you picked up or were given the complaint you had a criminal charge and an arrest. Since it is considered a low level offense many police department just don't bother to go through the formal procedures especially if they are large cities like Newark or small towns where they don't have the manpower. So technically you were already arrested and charged and now you will have a court date to see if you are guilty. I suggest a lawyer because on a petty disorderly person offense you still face up to 30 days in jail and that criminal record I talked about above which you don't want turning into a criminal record of conviction. Most of us criminal lawyers offer free in office consultations take advantage of one.

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