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
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.