Thursday, July 4, 2013

Crimes and Offenses in New Jersey Most Commonly Associated with the 4th of July


Crimes and Offenses in New Jersey Most Commonly Associated with the 4th of July

In the United States, the 4th of July is a day of celebration of our country’s independence.  All too often, celebrations get out of hand and people get arrested and/or hurt.  There are a number of arrests during and after the 4th of July.  When planning your 4th of July celebrations keep the following New Jersey
crimes and ordinances in mind.

Noise Ordinances

Most towns have ordinances prohibiting loud music.  Sometimes unexpected guests show up to parties and the music may get turned up a little too loud.  When neighbors complain or the police drive past the area you may get a knock on your door.  Assuming nothing else illegal is going on you may be on the receiving end of a noise ordinance complaint.  This ticket comes with fines up to $2,000. 

Alcohol

Starting from the least severe, most towns have ordinances prohibiting drinking or being drunk in public.  These citations carry penalties up to $2,000.  More serious charges can occur when a minor is involved in underage drinking.  N.J.S.A. 2C:33-15 is a disorderly persons offense for a person under 21 to possess alcohol. 2C:33-16 prohibits anyone from possessing alcohol on school property.  A separate offense 2C:33-17 exists for offering alcoholic beverages to a person less than 21. Serving alcohol to a minor is commonly charged in a setting where adults and minors are present with alcohol.  This could be a party of people who are 20 and 21.  If you are throwing a party and people under 21 are found to be drinking or possessing alcohol, not only can the minor be charged but also the person who made the alcohol available can be charged as well.  Each of these disorderly persons offenses carry possible penalties of 6 months in jail and fines up to $1,000. 
More serious alcohol-related offenses include Driving While Intoxicated, N.J.S.A.
30:4-50, assault by auto, or vehicular homicide.  If you are found to be driving over the limit which is .08% blood alcohol in New Jersey, you are facing fines, license suspension, and possible installation of the interlock device in your vehicle.  If an accident results from your drinking 3rd, 2nd, and possibly 1st degree charges can result depending upon the nature of the injuries and whether the driver’s license was suspended at the time. See 2C:11-5 and 2C:12-1c.

Drugs

Different people celebrate in different ways.  For some people that may mean smoking marijuana. For others it may mean snorting a line of coke or shooting up.  Possession and distribution of controlled dangers substances in New Jersey are treated seriously and conviction of a drug offense carries serious consequences.  First offenders for marijuana may be eligible for a condition discharge, while repeat offenders or those found to possess drugs other than marijuana may be facing criminal charges.  You can be certain that the police will be out on the 4th of July and if they find drugs on your person or in an area near you, drug-related charges may result.

Fireworks

Fireworks are fun to watch on the 4th of July.  There are many places you and your family or friends can go to safely watch a professional firework display.  However, it is risky to launch your own fireworks.  Injuries and damage to property can result from fireworks and the police will be looking toward the sky and receiving complaints for unlicensed fireworks in parks and neighborhoods.  Title 21 of the New Jersey Statutes controls the use of fireworks.  N.J.S.A. 21-3-2 provides that it is unlawful for any person to sell, possess or use any firecracker, roman candle, sparkler, etc. The sale or possession with the intent to sell fireworks is a 4th degree crime carrying up to 18 months in jail. N.J.S.A. 21-3-8.  Mere possession of fireworks is a petty disorderly persons offense which can result in up to 30 days in jail and fines up to $500.

When you are planning your 4th of July this year, make sure that you, your friends and your family remember to consider your own safety and the safety of others.  The police will be out enforcing the law and making arrests.  The 4th of July is supposed to be a day to celebrate your independence, but quickly the festivities can be brought to a sudden end if you are arrested, and there is no celebrating independence from inside a jail. 

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