Disorderly Conduct" in your own home? how can i get this charge dismissed ? iam the homeowner for 16 yrs . there was an incident that occurred insi
Under N.J.S.A. 2C:33-2, Disorderly Conduct is a "petty disorderly persons" offense. It carries a maximum of 30 days in the county jail. It is not a crime under New Jersey law. If the police have
either probable cause or a search warrant to be in or around your home, it is possible to be charged with Disorderly Conduct in your home. It is also possible to have the charge dismissed,
depending on the strength and legality of the State's case. A case of this type is fact-sensitive. I
need more information. Call me at (732)932-7226 (office) or (732)710-0004 (cell).
Although I do not practice law in the state of New Jersey, here are my initial impressions. First, in a general sense, you can be charged with any crime that the police have probable cause to believe that you violated the statutory elements of. Therefore, unless the New Jersey statute regarding disorderly conduct specifically exempts conduct within one's own home, then it would be possible to be arrested for this crime if there is probable cause to believe that your conduct otherwise fit the definition. Second, with respect to dismissal, there are a variety of ways that your case could potentially be dismissed, including but not limited to (1) successful participation in a diversionary program (2) after the suppression of evidence (if the entry into your home was illegal, for example), or (3) due to the general weak nature of the state's evidence. In any event, you should consult with and/or retain a criminal defense attorney to discuss the best strategy to obtain the most favorable resolution of this matter, including but not limited to dismissal of the charge in its entirety.