Q: 2C:33-12A my son got a summons with this code for setting off fireworks the neighbors thought were gun shots.
Should I get a lawyer? If I don't get a lawyer besides the fine is there a major charge on his record he can get?
A: Generally if no prostitution is involved etc, it is a disorderly persons offense which comes with a criminal record, up to 180 days in jail, fines and probation. Thus yes, I suggest hiring a good lawyer.
2C :33-12 . Maintaining a nuisance
A person is guilty of maintaining a nuisance when:
a. By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons;
b. He knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct; or
c. He knowingly conducts or maintains any premises, place or resort as a house of prostitution or as a place where obscene material, as defined in N.J.S. 2C :34-2 and N.J.S. 2C :34-3, is sold, photographed, manufactured, exhibited or otherwise prepared or shown, in violation of N.J.S. 2C :34-2, N.J.S. 2C :34-3, and N.J.S. 2C :34-4.
A person is guilty of a disorderly persons offense if the person is convicted under subsection a. or b. of this section. A person is guilty of a crime of the fourth degree if the person is convicted under subsection c. of this section.
Upon conviction under this section, in addition to the sentence authorized by this code, the court may proceed as set forth in section 2C :33-12.1. Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
Probation 1-2 years
Community service 180 days maximum
mandatory costs, VCCB and other penalties
Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum
There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.
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