Attorney Todd Palumbo represents those charged with disorderly conduct in New Jersey. Disorderly conduct is a catch all offense that encompasses a wide variety of alleged unruly behavior. The NJ Supreme Court has held that portions of the statute are constitutionally vague, particularly the offensive language section. However, the improper behavior provisions under subsection a. retain their validity. Nonetheless, an experienced New Jersey criminal defense lawyer can frequently obtain a dismissal of the charges by arguing that the conduct in question was not unlawful or that there was no basis to issue the complaint in the first instance. The Law Offices of Todd Palumbo defends those charged and arrested for this disorderly persons offense. We provide trial representation and will fight to get your not guilty verdict. If plea negotiations are necessary, our attorneys will work hard to protect our clients from a criminal record and severe penalties.
The Newark Municipal Court has seen an increase in the number of disorderly conduct charges with the rising popularity of the Prudential Center and the influx of people who attend events there. In addition, Newark is a densely populated city, and police frequently issue complaints for disorderly conduct when there is a nondescript or borderline alleged offense that teeters on the edge of illegal. These cases are very defensible.
If you or a loved one has been arrested and charged with disorderly conduct, please feel free to contact my office for a free consultation. The disorderly conduct statute follows in its entirety.
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.