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Point Pleasant Beach Disorderly Conduct Lawyers
Matthew Dorry, Former Municipal Prosecutor of Point Pleasant Beach
There is little doubt that the Borough of Point Pleasant Beach is extremely active, especially in the summer, and with this brings opportunities for police to write a significant amount of disorderly conduct charges. Young and old are drawn to the fanfare of the Point Pleasant Boardwalk and all that comes with being one of the most popular destinations on the Jersey Shore. This can also attract the attention of the Point Pleasant Police, something that can lead to issuance of a summons for disorderly conduct, resisting arrest and even simple assault. If you find yourself having to defend yourself against a disorderly persons offense in Point Pleasant Beach, we can help. Our staff has been appearing in Point Pleasant Municipal Court for decades and, in fact, one of our attorneys is the former prosecutor in the court. The lawyers at the firm clearly know what is involved in effectively handling underage drinking, disorderly conduct, simple assault, and more serious charges in this court and are ready to help you achieve the best result in your case. Don’t let yourself be exposed to the negative impact of a criminal record, call us for a free consultation.Disorderly Conduct Charge in Point Pleasant Beach
One of the most vague yet charged offenses frequently confronting those in Point Pleasant is disorderly conduct under N.J.S.A. 2C:33-2. Issuance of this offense is extremely common in the Municipal Court although a conviction results in a criminal record that can follow someone around for an absolute minimum of five (5) years until being expunged. There is also the possibility of considerable fines, not to mention jail, if you are found guilty of violating 2C:33-2. More specifically, you can be fined up to $500 and be sentenced to thirty (30) days in the County Jail. You will also have a record. It is therefore important that you take any disorderly conduct summons seriously and seek the assistance of an experienced attorney if you want to avoid these consequences.There are essentially two varieties of disorderly conduct that can arise in accordance with N.J.S.A. 2C:33-2 in Point Pleasant Beach. The first category of this offense involves improper behavior. An individual is guilty of disorderly conduct for improper behavior if he/she engages in fighting, threatening, violent or tumultuous behavior, or creates a hazardous or physically dangerous condition without legitimate purpose, for the purpose of causing public inconvenience, annoyance or alarm. The second way 2C:33-2 may be charged by the police of Point Pleasant Beach is based on the use of offensive language. For this type of disorderly conduct to apply, the language must not only be unreasonably loud and course or abusive, but must be uttered in a public place with the intention of offending others or recklessly disregarding the probability of doing so. As previously stated, and as can readily be seen from the broad language of this law, the potential scenarios for an overzealous and/or aggressive police office are virtually endless when it comes to writing this offense.
Ordinance Violation for Fighting, Indecent Behavior (e.g. Urinating), Open Container Other Misconduct
The local rules of law in Point Pleasant Beach are referred to as ordinances. The following are the ordinances that apply to noise, urinating, fighting and other disorderly conduct.3-29.1 Fighting . Fighting is hereby prohibited within the Borough of Point Pleasant Beach, Ocean County. Fighting shall be defined as quarreling, brawling or otherwise misbehaving in a disorderly manner as to disturb the public peace in a public place.
3-21.1 Unlawful Acts. It shall be unlawful, and be a public nuisance, for any person:
a. To make any indecent exposure for exhibition of any kind in or upon any street, road, highway, place, alley, lane, or parking lot, public or private, within the borough; or
b. To expose to public view, within the aforesaid borough, his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
c. To engage, within the aforesaid borough, in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or
d. To make any indecent exposure of his or her private parts or engage in any lewd or indecent act or behavior; or
e. To urinate or defecate in public places, including public and private parking lots, or streets, or on the lawns or yards of private homes and residences, or in the public view.
3-18.1 Consumption of Alcoholic Beverages in Public . Any person who possesses an open container of alcohol and/or possesses an open container of alcohol with intent to consume same in public, and any person who shall consume alcoholic beverages in public is a disorderly person:
a. While in or on a public street, public parking lot, public boardwalk, public beach, public park or recreation area or in any public conveyance.
b. In a private motor vehicle while the vehicle is on any public street, lane or parking lot.
c. While upon any private property not his own without the permission of the owner or person having authority to grant such permission.
3-19.1 Unlawful Evasion of Police. No person in this borough shall attempt to flee from or evade on foot or any other manner any police officer or any person duly empowered with police authority while in the discharge or apparent discharge of his duty.
3-19.2 Obstruction or Interference with Police. No person in this borough shall resist, obstruct or interfere with any police officer or any person duly empowered with police authority nor shall any person disobey a lawful order or instruction of any such officer.