Legal Question in Criminal Law in New Jersey
2c:33-2b
if this is an unconstitutional charge and I can sight the examples, do I need a lawyer to make my case in municipal court to have it dismissed?
3 Answers from Attorneys
Re: 2c:33-2b
The statute is not unconstitutional. It is a matter of intent. Did the speaker of the offensely coarse
language intend to harass. You need an attorney.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: 2c:33-2b
I think you do. First, the judge may force you to get an attorney. Second, the judge can tell you that you don't know what you are talking about. Municipal courts have a bad history of ignoring the law. Without an attorney, the judge may assume you won't appeal. An appeal will be very expensive relative to the trial of this matter.
Thus, I strongly suggest you get an attorney now to handle this instead of paying a lot more for one later.
Re: 2c:33-2b
Just to clarify, since you cited to a case, I thought you were asking about the language itself. Mr. Moore is correct though, if you do just about anything with the purpose to harass, it is harassment. So, the State can really split hairs here and try to nail you with this anyway.
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