Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500,

www.njlaws.com

Wednesday, August 17, 2016

2C:33-2.1. "Public Place" Defined; Loitering to Obtain or Distribute CDS is a Disorderly Persons Offense.

a. As used in this section:

"Public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area. 

b. A person, whether on foot or in a motor vehicle, commits a disorderly persons offense if (1) he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog. 

c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following: 

(1)    Repeatedly beckoning to or stopping pedestrians or motorists in a public place; 

(2)    Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place; 

(3)    Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place. 

d. The element of the offense described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section. 


L.1991, c.383.

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a.  It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).  Any person who violates this section with respect to:

(1)  A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;

(2)  Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;

(3)  Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

(4)  Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b.  Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c.  Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.


L.1987, c.106, s.1; amended 1988, c.44, s.5; 1997, c.181, s.6.

2C:36-6. Possession or Distribution of Hypodermic Syringe or Needle.

a. Except as authorized by subsection b., c. or other law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of Title 2C of the New Jersey Statutes or to sell, furnish or give to any person such syringe, needle or instrument.  Any person who violates this section is guilty of a disorderly persons offense.

b. A person is authorized to possess and use a hypodermic needle or hypodermic syringe if the person obtains the hypodermic syringe or  hypodermic needle by a valid prescription issued by a licensed physician, dentist or veterinarian and uses it for its authorized purpose.

No prescription for a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections shall be valid for more than one year from the date of issuance.

c. Subsection a. does not apply to a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, registered pharmacist, or a hospital, sanitarium, clinical laboratory or any other medical institution, or a state or a governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution.


L.1987, c.106, s.2; amended 1999,c.90, s.2.

2C:36-2. Use or Possession with Intent to Use, Disorderly Persons Offense.

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.


Amended 2007, c.31, s.3.

Tuesday, August 16, 2016

Underage drinking and Disorderly arrests at 709 Point Beach and legal representation

Underage drinking and Disorderly arrests at Jersey Shore towns and bars and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.  

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.


33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person  
Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or  

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or  

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or  

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.  

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.  

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.  

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.  

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.  

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement. 
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.  

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine  
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.  

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21. 
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises 
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
  • A fine of up to $1.000 and /or up to 6 months imprisonment.          

Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
  •      Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
      
Resisting Arrest: Eluding Officer
It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
  • A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
  • Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Employing a Juvenile in the Commission of a Crime
Any person who is a least 18 years of age who knowingly uses, solicits, directs, hires, employs, or conspires with a person who is in fact 17 years of age or younger to commit a criminal offense is guilty of a crime.(2C:24-9)
  • A crime of the fourth degree. 

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
  • Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
  • A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.  

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.
  
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500


Underage drinking and Disorderly arrests at 507 Main and legal representation

Underage drinking and Disorderly arrests at Jersey Shore towns and bars and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.  

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.


33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person  
Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or  

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or  

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or  

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.  

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.  

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.  

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.  

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.  

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement. 
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.  

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine  
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.  

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21. 
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises 
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
  • A fine of up to $1.000 and /or up to 6 months imprisonment.          

Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
  •      Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
      
Resisting Arrest: Eluding Officer
It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
  • A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
  • Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Employing a Juvenile in the Commission of a Crime
Any person who is a least 18 years of age who knowingly uses, solicits, directs, hires, employs, or conspires with a person who is in fact 17 years of age or younger to commit a criminal offense is guilty of a crime.(2C:24-9)
  • A crime of the fourth degree. 

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
  • Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
  • A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.  

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.
  
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500


Underage drinking and Disorderly arrests at 507 Main and legal representation


Underage drinking and Disorderly arrests at Jersey Shore towns and bars and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.  

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.


33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person  
Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or  

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or  

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or  

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.  

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.  

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.  

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.  

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.  

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement. 
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.  

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine  
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.  

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21. 
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises 
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
  • A fine of up to $1.000 and /or up to 6 months imprisonment.          

Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
  •      Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
      
Resisting Arrest: Eluding Officer
It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
  • A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
  • Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Employing a Juvenile in the Commission of a Crime
Any person who is a least 18 years of age who knowingly uses, solicits, directs, hires, employs, or conspires with a person who is in fact 17 years of age or younger to commit a criminal offense is guilty of a crime.(2C:24-9)
  • A crime of the fourth degree. 

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
  • Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
  • A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.  

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.
  
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

Underage drinking and Disorderly arrests at 21 South Bar & Grille and legal representation


Underage drinking and Disorderly arrests at Jersey Shore towns and bars and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.  

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.


33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person  
Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or  

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or  

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or  

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.  

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.  

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.  

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.  

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.  

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement. 
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.  

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine  
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.  

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21. 
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises 
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
  • A fine of up to $1.000 and /or up to 6 months imprisonment.          

Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
  •      Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
      
Resisting Arrest: Eluding Officer
It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
  • A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
  • Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Employing a Juvenile in the Commission of a Crime
Any person who is a least 18 years of age who knowingly uses, solicits, directs, hires, employs, or conspires with a person who is in fact 17 years of age or younger to commit a criminal offense is guilty of a crime.(2C:24-9)
  • A crime of the fourth degree. 

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
  • Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
  • A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
  • A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.  

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.
  
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500