In new jersey is wandering charge a disorderly conduct charge?

Asked over 1 year ago - Newark, NJ

was arrested and had a list of charges drug charges but the judge offered me a plea for wandering so i was wondering if wandering with be the final disposition

Attorney answers (3)

  1. Mark M Cheser

    Contributor Level 20

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    Answered . Wandering is a disorderly persons offense. No license loss no DEDR fines. But it stays on your record for 5 years before you can expunge and if you are not a citizen it can and has caused problems because of the wording. If you use this statutue and are not a citizen make sure that the wandering was for purchase not sale. Have it specified on the docket sheet. The prosecutor offers the downgrade not the judge. Although Judge Frasca in Essex Remand Court gets involved and reads the downgraded charge. So it appears he is offerring it but it is the prosecutor.

  2. Jeffrey Anthony Skiendziul

    Contributor Level 16

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    Answered . You should be represented by an attorney, either a public defender or private attorney who should be able to advise you on your charge(s). Also, the judge didn't offer you a plea, the prosecutor likely offered a plea deal to try and get you to plea guilty to a lesser charge in an effort to move the court calendar. If you're represented by an attorney, ask them for advice on how to proceed. If not, schedule a consultation in person with a criminal defense attorney who can go over the details of your case and advise you on how to proceed from there.

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  3. Eric M. Mark

    Pro

    Contributor Level 20

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    Answered . Judge's don't offer charges. Prosecutors have the ability to amend charges. IT is impossible for anyone who was not in the courtroom and part of the discussion to advise you on what the final charges will be. If you are not a US citizen, a wandering charge is a major problem. If you are a US citizen, a wandering charge is a disorderly persons offense with no license suspension or extra drug fine.

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