Bench Trial In a New Jersey Disorderly Conduct Offense

If you are charged with a disorderly conduct offense in New Jersey, you do not have a right to a jury trial. Instead, your case will be tried in Municipal Court before a municipal court judge only. In other words, the judge is both the trier of facts and the law. Because the strategy is different for bench trials, as opposed to jury trials, it is important to consult with a New Jersey simple assault attorney who has experience handling these types of misdemeanor cases in New Jersey’s Municipal Courts.

Bench Trial Procedures

Bench trials for disorderly conduct cases have similar characteristics to felony cases tried before a jury. The municipal prosecution has the burden of proof and puts on his or her case prior to your attorney. The standard of proof, as in all criminal cases, is proof beyond a reasonable doubt.

After the State rests, your New Jersey simple assault attorney has an opportunity to present evidence before the presiding municipal court judge. At this point, you will also have the opportunity to take the stand and testify. However, the prosecution cannot use your decision not to testify as being guilty of the underlying charge.

After the defense rests, the judge, not a jury, will make a decision as to whether you are guilty of the underlying charge. This is the main difference between a bench and a jury trial.

If you are not found guilty, the charges are dismissed and you are free to go. If you are found guilty on any charges, the municipal court judge will sentence you in accordance with the penalties for the disorderly conduct charge. In Municipal Court, this can range from fines, to jail time, to probation. Your New Jersey simple assault attorney will have 20 days to appeal your conviction. You will have to file a Municipal Court appeal in the Superior Court in which the municipality is located.

We Can Help

If you or a loved one was arrested for a disorderly conduct offense, you should call New Jersey simple assault attorney Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey Municipal Courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the experience to help you prepare and get a desirable outcome for your bench trial case in municipal court.

Email Us