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Municipal Ordinance Violation

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  • 04-22-2009, 01:32 PM
    bktrq
    Municipal Ordinance Violation
    My question involves criminal law for the state of: NJ

    Okay back in december I was caught at a mall for shoplifting 178 worth of clothing. Basically I was detained, signed papers confirming that I did steal the said values, my friend and I were arrested and dropped back off at our cars about an hour later with court summons. Showed up for the arraignment and plead not guilty. My friend recieved a public defender and I did not. He had a value of 325 dollars and he was a class above me, I was charged with the misdeamnor version since my value was under 200 and his was over 200. I also had a recieving charge for 68 dollars (I got that for willingly accepting and carrying someone else's stolen merchandise which was eventually caught with me when my friend and I were detained). So court comes up second time around, I plead guilty with the prosecutor giving me a municipal ordinance and a 500 fine. My friend's case was downgraded back to municipal court and he ended up recieving the same punishment. His public defender told him the municipal ordinance would not go on his criminal record. However i've heard conflicting things that a. it does go on the record and b. it doesn't but its in like some unofficial database which other people can access and find it in the event, say, we were caught shoplifting again. Can anybody clarify?
  • 04-25-2009, 07:16 AM
    Mr. Knowitall
    Re: Municipal Ordinance Violation
    A muncipal ordinance violation doesn't go on your criminal record, but there's still a record of the incident and its resolution, and it's still possible for people to find out. If you keep your nose clean you may eventually be able to expunge the ordinance violation conviction. NJSA § 2C:52-4.
  • 04-25-2009, 07:43 AM
    poppycat
    Re: Municipal Ordinance Violation
    STOP Shoplifting, then it won't happen again.

    you are dang lucky, that you got off so easy...the $$$ amount is not considered pety, .. and you would have been in jail with $5000 bail

    in many counties you may very well had to 6-12 months in jail for 1st offense.!!!

    in today's world even parking tickets are being sold to online data /bases, they are lumped into the criminal records "section" and from anywhere the cost of free- $30 bucks anyone can type in your name & it goes directly to all the details...they don't have to know county /city ....nothing...

    a lot of the information is inaccurate but the damage is done. & it opens a can of worms & try to explain to someone... it is never good
  • 04-26-2009, 08:59 PM
    bktrq
    Re: Municipal Ordinance Violation
    Okay when you say that how likely is it that say an employer can find that out? Also since I was arrested would a background check just show up that I was arrested but there is no conviction on my record? Thanks
  • 04-27-2009, 12:25 PM
    BOR
    Re: Municipal Ordinance Violation
    Quote:

    Quoting Mr. Knowitall
    View Post
    A muncipal ordinance violation doesn't go on your criminal record, .


    Who told you that?
  • 04-29-2009, 01:25 PM
    bktrq
    Re: Municipal Ordinance Violation
    Well i don't think it is on my record but i did get it off of a plea bargain, so when asked if ive ever been convicted of anything, how should i answer?
  • 04-30-2009, 08:40 AM
    BOR
    Re: Municipal Ordinance Violation
    Quote:

    Quoting bktrq
    View Post
    Well i don't think it is on my record but i did get it off of a plea bargain, so when asked if ive ever been convicted of anything, how should i answer?



    A plea bargain is also a conviction, as you plead guilty to something. You have to decide how you want to answer it on a job application.

    You quote in your other post:


    Quote:

    His public defender told him the municipal ordinance would not go on his criminal record.
    I don't know where the PD got that at, but could be he meant since it was plea bargained it would not? I don't think he knew what he was talking about, as a MO is just the same as a state law, as they just pass thier own versions of state law, no felonies though.

    So if you plea bargained under a state law you would have a criminal record, but since you pleaded under a MO, you will not he seems to be saying? That I don't understand.
  • 05-02-2009, 10:40 PM
    bktrq
    Re: Municipal Ordinance Violation
    Well just to clarify, anyone else with a municipal ordinance in NJ i called the municipal court today and in New jersey municipal ordinances are not considered crimes. So you can technically answer No to the 'Have you ever been convicted of a crime' question but If your asked have you been ever convicted of anything.. then you may have to answer yes
  • 05-03-2009, 08:34 AM
    BOR
    Re: Municipal Ordinance Violation
    Quote:

    Quoting bktrq
    View Post
    Well just to clarify, anyone else with a municipal ordinance in NJ i called the municipal court today and in New jersey municipal ordinances are not considered crimes. So you can technically answer No to the 'Have you ever been convicted of a crime' question but If your asked have you been ever convicted of anything.. then you may have to answer yes


    Are you talking about traffic offenses only?


    As I said, it seems redundant a charge under state law would be criminal, but the comparable charge under city law would not be?

    Until you find it in law, on the books, I would not put too much stock in it.
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