Legal Question in Criminal Law in New Jersey
I was charged for violating NJS 2C:33-2A(1), what should I do?
I was arrested and held over night in Belmar, NJ this weekend. I was charged for violating NJS 2C:33-2A(1). I know this is the disorderly persons statute however, I was in no way in violation of this subsection. From what I understand this subsection deals with inciting violence/physically dangerous behavior. At no point in the entire incident was I at all violent. Let me give you the full story.
I was walking to meet up with my friends and when I got to them, one was already being questioned and arrested. None of them could figure out why because they were simply walking the street (definitely not fighting or being violent). I proceeded to ask the officer why they were arresting my friend, to which I was told to shut up. So I did and once things seemed more calm, I asked him again if he could tell me why he was arresting my friend. No answer. I asked one more time a little later after that. At that point he walked over to me and asked to see my identification so he could write me a ticket. I told him that he has no legal basis to write me a ticket and refused to give him my ID. He then proceeded to tell me that if I didn't give him my ID that he was going to arrest me. Knowing the law and that he had nothing on me I asked him on what grounds which he could not tell me. Finally he walked over to me and got in my face basically forcing me to give him my ID. I did so and he then started writing me a ticket. At this point I turned my video camera on on my iPhone. I asked him if he could explain to me why he was writing me a ticket. No answer. I asked him again if he could explain to me why he was writing me a ticket. He told me to shut up and that he would explain it to me when he was done. At that point I watched him open up his little hand book to look for something to charge me with. Another officer asked him what he was charging me with. After flipping pages he said I'll just give him disorderly on the streets. Overhearing this I proceeded to ask him in what manner I was being disorderly (I was simply asking in normal volume why my friend was being arrested). His partner then told me to shut up. I gave up. After he handed me the ticket I asked him again why he was giving me this ticket (he had told me he would explain when he was done). At that point he got back on his bicycle without saying a word. I asked him for his name to which he didn't respond. And once more I asked him why he was giving me this ticket. No answer. He left. This entire scenario I have captured on video. My 3 remaining friends and I began walking away. They were telling me how ridiculous that was and how the cop definitely had no reason since he couldn't even explain it to me. I agreed. The next thing I know the cop is back telling me to put my hands behind my back because I was under arrest. I went peacefully without any trouble and cooperated fully with anything they asked me. No miranda rights as they didn't actually question about the situation. At the station I again asked them multiple times why they arrested me. No one could tell me why. Anyway spent the night in jail even though I was perfectly sober and completely aware of what happened. Finally was told in the morning after I asked again why I was there that they brought me in for being disorderly. Left that next morning with a complaint for violating NJS 2C:33-2A(1) IN ADDITION to my ticket. Now I have court on Wednesday 7/18 and don't know what to do.
I do not have anything on my record. I've never been arrested. I've only ever gotten a speeding ticket 6 years. I clearly don't want to pay the ticket nor have anything on my record. Should I get a lawyer?
5 Answers from Attorneys
You need a lawyer. I can talk to the prosecutor, show the video and likely get a dismissal, based upon what you have explained.
Please visit my website. www.sternlawnj.com
Or call 856-685-7600.
Best regards,
Jeffrey Stern, Esq.
Your first problem is that you were in Belmar in the Summer. Nothing against that town but when you go to these party towns, there are cops everywhere and it is easy to get roped into things like this. Wait to you go to court, you'll see how packed it is. I would be more than happy to help you. Check out www.belmarattorney.com or call me at 732/773/2768
Young seasonal cops sometime make emotional arrests. You obviously ran into one, which is unfortunate. It can be taken care of. Lawyer up, go to court, let him/her tell the story and talk the cop into letting you walk away from this. Our office is deals with Belmar Muncipal Court matters, call us.
I think you do need a lawyer. Trying to argue the merits on your own will be difficult. Make sure you save the video because most of the time the prosecutor will just assume that you were drunk based upon the charge, etc. (I know this because I am a municipal prosecutor in Ocean County and familiar with the mind set in beach towns). If I can help you further call me at 732-458-5600.
John Ducey
Yes you should hire a lawyer to take this to trial and fight this. If you plead guilty to the charge you will have a record and you will have to admit that you did something wrong.
Sincerely yours, -Ronald Aronds, Esq.-
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