COOPERATING & WORKING WITH YOUR ATTORNEY When do I need a lawyer?
This really depends on your situation. Generally, you should think about obtaining legal advice regarding:
If a problem like one of these faces you, call my office as soon as you can. Many simple problems get more complicated as time passes. When in doubt, talk with me. A brief consultation can help you decide if a lawyer’s assistance is needed.
When I get a lawyer, what can I expect?
In most cases, my representation follows a careful step-by-step process that may include:
Conferring with you, the client to pinpoint the situation and determine what you wish to accomplish
Gathering and analyzing all available facts and information
Interviewing everyone involved with the case
Don't Try To Cut Corners When Facing Crucial Issues in Your Life.
It might be dangerous for you to choose a lawyer purely on an estimate of fees. "Shopping around" for the “cheapest" lawyer may not be the best approach because that lawyer may not be the most qualified to handle the case. You also want to be certain an attorney is doing most of the work, rather than an inexperienced new lawyer or legal secretaries or clerks.
What Should I Do at my First Meeting Concerning Legal Advice?
Be prepared to give a brief explanation of your legal problem <>
Bring copies of any written records that explain your problem.
Write down questions you want the lawyer to answer.
How Do I Insure a Good Lawyer-Client Relationship?
Remember, good legal assistance is not a one-way street. You have to cooperate with my office if you really want to be helped. The attorney-client relationship is confidential except, according to the Rules of Professional Conduct, if it is necessary for the lawyer to disclose information to the proper authorities in order to prevent a client from committing a criminal, illegal or fraudulent act likely to perpetrate a fraud upon a tribunal. Here are some important tips to follow:
Please provide me with an objective statement of all the facts. According to the Rules of Professional Conduct, a lawyer may counsel or assist a client in a good faith effort to determine the validity, scope, meaning or application of the law. However, an attorney is not permitted to counsel or assist in conduct that the lawyer knows is illegal, criminal or fraudulent, or in the preparation of a written instrument containing terms the lawyer knows are expressly prohibited by law.
Don’t look for simple, quick answers to complex questions. Lawyers are justifiably cautious in drawing conclusions or answering questions about complicated legal problems. Attorneys and judges know that cases are rarely "open and shut."
Let the law office know about any new developments in your case.
Don’t hesitate to ask questions about any matter relevant to your case. Remember, though, I am not a doctor, psychiatrist, marriage counselor or financial advisor.
Work with my office. If you don't understand why something should be done or have doubts about some action recommended, ask questions and get an explanation.
Be patient - Don’t look for instant results. Trust my office and I to follow through on the case but don’t hesitate to ask for progress reports from time to time.
About Legal Fees, What Can I Expect? The time, study, experience and attention your attorney gives your problem all determines the legal fees. I have invested tens of thousands of dollars on such things as education, staff, books, journals, rent, office equipment, and insurance. Consequently, a lawyer must set a charge for his services that is both reasonable and adequate to cover his own investment and expenses.
Because no two legal matters are exactly the same, fees vary widely. Some factors involved are: The amount of time and labor spent on your problem and the complexity of your case. To a lawyer, time is money. Most lawyers keep very careful records of the time they and their staff spend on your case. Many attorneys will charge specific fees for meetings, research, courtroom appearances, telephone conversations, etc. This amount of time your lawyer may be required to spend will vary according to the case involved.
The emergency nature of the case or the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. If the lawyer has to “drop everything” to handle your matter, the fee may be higher.
Nature and length of the professional relationship with the client. In a matrimonial matter there must be a written retainer agreement.
Whether the fee is fixed or contingent. The results obtained often are considered in setting the fee (except for matters in which contingent fees are prohibited by law and the Rules of Professional Conduct). Of course, unless my office takes your case on a contingent fee basis, we except to be paid, no matter what the outcome. (Results can never be guaranteed.)
If you are suing for compensation for injuries caused by another person’s negligence, my office may be willing to represent you for a contingent fee. Under this arrangement, I will receive no fee if there is no recovery. (However, you must still pay certain costs directly related to your lawsuit.) A contingent fee agreement must be in writing and must state the method by which the fee is determined, including the percentage accruing to the attorney in the event of settlement, trial, or appeal, litigation and other expenses to be deducted before or after the contingent fee matter, I will provide you with a written statement of the outcome of the matter, and if there is recovery showing the remittance to the client and its method of determination. Under this fee arrangement, I must invest my own time, effort and office expenses without advance payment. This plan permits any injured person, regardless of their financial resources, to be represented by my effort in cases of this type.
FREE INFORMATION BOOKLETS FOR CLIENTS AND FRIENDS 1. WHAT TO DO IN AN AUTOMOBILE ACCIDENT. 2. WILLS - Protecting Loved Ones. 3. MUNICIPAL COURT. 4. PERSONAL INJURY CASES. 5. COOPERATING & WORKING WITH YOUR ATTORNEY.
Please call our office or stop in. We provide speakers to groups and organizations on the above topics free of charge. This publication has been issued to inform and not to advise. It is based on New Jersey law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here. For specific legal advice, contact an attorney.
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,
Friday, December 31, 2010
Thursday, December 30, 2010
Cross Examination Questions often used in a DWI trial
By Kenneth Vercammen, Esq. Former Prosecutor and Editor- NJ Municipal Court
Cross of Police Regarding Field Sobriety
According to your Alcohol influence rep?
Questions on Breathalyzer Op Check List
DWI Questions Regarding Under Influence
CROSS EXAMINATION OF LAW ENFORCEMENT AND PROFESSIONALS
Friday, November 11, 2005 10am-11:30
Other Topics: * Recent Cases Involving DWI or Drugs
DWI Cross Examination Questions
Probable Cause for Stop
Cross of Police Regarding Field Sobriety
16. Documents describing test results?
According to your Alcohol influence rep?
Questions on Breathalyzer Op Check List
DWI Questions Regarding Under Influence
Fines for Criminal Charges in New Jersey
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The following are potential fines if found guilty in New Jersey
2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For purposes of this section the term "gain" means the amount of money or the value of property derived by the offender and "loss" means the amount of value separated from the victim or the amount of any payment owed to the victim and avoided or evaded and includes any reasonable and necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged property, or recovering any payment avoided or evaded, and, with respect to property of a research facility, includes the cost of repeating an interrupted or invalidated experiment or loss of profits. The term "victim" shall mean a person who suffers a personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person, or in the case of a homicide, the nearest relative of the victim. The terms "gain" and "loss" shall also mean, where appropriate, the amount of any tax, fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed of;
f. Any higher amount specifically authorized by another section of this code or any other statute;
g. Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined in chapter 20 or 21 of this code;
h. In the case of violations of chapter 35, any higher amount equal to three times the street value of the controlled dangerous substance or controlled substance analog. The street value for purposes of this section shall be determined pursuant to subsection e. of N.J.S. 2C:44-2.
The restitution ordered paid to the victim shall not exceed the victim's loss, except that in any case involving the failure to pay any State tax, the amount of restitution to the State shall be the full amount of the tax avoided or evaded, including full civil penalties and interest as provided by law. In any case where the victim of the offense is any department or division of State government, the court shall order restitution to the victim. Any restitution imposed on a person shall be in addition to any fine which may be imposed pursuant to this section.
Amended 1979, c.178, s.83; 1981, c.290, s.37; 1987, c.76, s.34; 1987, c.106, s.10; 1991, c.329, s.2; 1995, c.20, s.6; 1995, c.417, s.2; 1997, c.181, s.12.
2C:43-3.1. Victim, witness, criminal disposition, and collection funds 2. a. (1) In addition to any disposition made pursuant to the provisions of N.J.S. 2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S. 2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S. 2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c. or d. of N.J.S. 2C:20-10 shall be assessed at least $100.00, but not to exceed $10,000.00 for each such crime for which he was convicted which resulted in the injury or death of another person. In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the assessment on the defendant's dependents.
(2) (a) In addition to any other disposition made pursuant to the provisions of N.J.S. 2C:43-2 or any other statute imposing sentences for crimes, any person convicted of any disorderly persons offense, any petty disorderly persons offense, or any crime not resulting in the injury or death of any other person shall be assessed $50.00 for each such offense or crime for which he was convicted.
(b) In addition to any other disposition made pursuant to the provisions of section 24 of P.L. 1982, c.77 (C. 2A: 4A-43) or any other statute indicating the dispositions that can be ordered for adjudications of delinquency, any juvenile adjudicated delinquent, according to the definition of "delinquency" established in section 4 of P.L. 1982, c.77 (C. 2A: 4A-23), shall be assessed at least $30.00 for each such adjudication, but not to exceed the amount which could be assessed pursuant to paragraph (1) or paragraph (2) (a) of subsection a. of this section if the offense was committed by an adult.
(c) In addition to any other assessment imposed pursuant to the provisions of R.S. 39:4-50, the provisions of section 12 of P.L. 1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L. 1990, c.103 (C.39:3-10.13), the provisions of section 19 of P.L. 1954, c.236 (C.12:7-34.19) or the provisions of section 3 of P.L. 1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed $50.00.
(d) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S. 2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S. 2C: 36A-1, a participant in either program shall be required to pay an assessment of $50.00.
(3) All assessments provided for in this section shall be collected as provided in section 3 of P.L. 1979, c.396 (C. 2C:46-4) and the court shall so order at the time of sentencing. When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which he is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the inmate receives as a result of labor performed at the institution or on any work release program or from any personal account established in the institution for the benefit of the inmate. All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation Board pursuant to section 19 of P.L. 1991, c.329 (C. 52:4B-8.1), to the Victims of Crime Compensation Board.
(4) The Victims of Crime Compensation Board shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows:
(a) Of moneys collected on assessments imposed pursuant to paragraph a. (1):
(i) the first $72.00 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund,
(iii) the next $25.00 collected for deposit in the Victim Witness Advocacy Fund, and
(iv) moneys collected in excess of $100.00 for deposit in the Victims of Crime Compensation Board Account;
(b) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (a), (c) or (d):
(i) the first $39.00 collected for deposit in the Victims of Crime Compensation Board Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $8.00 collected for deposit in the Victim and Witness Advocacy Fund;
(c) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (b):
(i) the first $17.00 for deposit in the Victims of Crime Compensation Board Account, and
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $10.00 for deposit in the Victim and Witness Advocacy Fund, and
(iv) moneys collected in excess of $30.00 for deposit in the Victims of Crime Compensation Board Account.
(5) The Victims of Crime Compensation Board shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L. 1991, c.329 (C. 52:4B-8.1).
(6) (a) The Victims of Crime Compensation Board Account shall be a separate, non lapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Account shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L. 1971, c.317 (C. 52:4B-1 et seq.) and for related administrative costs.
(b) The Criminal Disposition and Revenue Collection Fund shall be a separate, non lapsing, revolving account that shall be administered by the Victims of Crime Compensation Board. All moneys deposited in that Fund shall be used as provided in section 19 of P.L. 1991, c.329 (C. 52:4B-8.1).
(c) The Victim and Witness Advocacy Fund shall be a separate, non lapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L. 1991, c.329 (C. 52:4B-43.1) and for related administrative costs.
b. (Deleted by amendment, P.L. 1991, c.329).
c. (Deleted by amendment, P.L. 1991, c.329).
d. (Deleted by amendment, P.L. 1991, c.329).
L.1979, c.396, s.2; amended 1982, c.164, s.1; 1985, c.251, s.1; 1985,c.406; 1987, c.106, s.11; 1990, c.64, s.1; 1991, c.329, s.3; 1995, c.135, s.1.
2C:43-3.2. Assessments for Safe Neighborhoods Services 11. a. (1) In addition to any other fine, fee or assessment imposed, any person convicted of a crime, disorderly or petty disorderly persons offense or violation of R.S. 39:4-50 shall be assessed $75 for each conviction.
(2) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S. 2C:43-13 or imposed as a term or condition of conditional discharge pursuant to section 3 of P.L. 1987, c.106 (C. 2C: 36A-1), a participant in either program shall be required to pay an assessment of $75.
b. All assessments provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L. 1979, c.396 (C. 2C:46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.
c. All money collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited into the Safe Neighborhoods Services Fund created by section 5 of this act.
L.1993, c.220, s.11.
2C:43-3.3. Additional penalties for persons convicted of crime deposited in "Law Enforcement Officers Training and Equipment Fund" 9. a. In addition to any disposition made pursuant to the provisions of Title 2C of the New Jersey Statutes, any person convicted of a crime shall be assessed a penalty of $30.
b. In addition to any other disposition made pursuant to the provisions of section 24 of P.L. 1982, c.77 (C. 2A:4A-43) or any other statute indicating the dispositions that may be ordered for adjudications of delinquency, a juvenile adjudicated delinquent for an offense which if committed by an adult would be a crime shall be assessed a penalty of $15.
c. The penalties assessed under subsections a. and b. of this section shall be collected as provided for the collection of fines and restitution in section 3 of P.L. 1979, c.396 (C. 2C:46-4) and forwarded to the State Treasury for deposit in a separate account to be known as the "Law Enforcement Officers Training and Equipment Fund." The penalty assessed in this section shall be collected only after a penalty assessed in section 2 of P.L. 1979, c.396 (C. 2C:43-3.1) and any restitution ordered is collected.
The fund shall be used to support the development and provision of basic and in-service training courses for law enforcement officers by police training schools approved pursuant to P.L. 1961, c.56 (C. 52:17B-66 et seq.). In addition, the fund shall also be used to enable police training schools to purchase equipment needed for the training of law enforcement officers. Distributions from the fund shall only be made directly to such approved schools.
d. The Police Training Commission in the Department of Law and Public Safety shall be responsible for the administration and distribution of the fund pursuant to its authority under section 6 of P.L. 1961, c.56 (C. 52:17B-71).
e. An adult prisoner of a State correctional institution who does not pay the penalty imposed pursuant to this section shall have the penalty deducted from any income the inmate receives as a result of labor performed at the institution or any type of work release program. If any person, including an inmate, fails to pay the penalty imposed pursuant to this section, the court may order the suspension of the person's driver's license or nonresident reciprocity privilege, or prohibit the person from receiving or obtaining a license until the assessment is paid. The court shall notify the Director of the Division of Motor Vehicles of such an action. Prior to any action being taken pursuant to this subsection, the person shall be given notice and a hearing before the court to contest the charge of the failure to pay the assessment.
L.1996, c.115, s.9.
2C:43-3.4 Restitution for extradition costs.
4. In addition to any fine or restitution authorized by N.J.S. 2C:43-3, the court may sentence a defendant to make restitution for costs incurred by any law enforcement entity in extraditing the defendant from another jurisdiction if the court finds that, at the time of the extradition, the defendant was located in the other jurisdiction in order to avoid prosecution for a crime committed in this State or service of a criminal sentence imposed by a court of this State.
L.1997, c.253, s.4.
Criminal Jury Charges NJ
Ladies and Gentlemen of the Jury, the evidence in this case has been presented and the
At the outset, let me express my thanks and appreciation to you for your attention to this
Before you retire to deliberate and reach your verdict, it is my obligation to instruct you as to
You must accept and apply this law for this case as I give it to you in this charge. Any ideas
During the course of the trial, I was required to make certain rulings on the admissibility of
it was not an expression or opinion by me on the merits of the case. Neither should my other rulings
When I use the term "evidence" I mean the testimony you have heard and seen from this
As jurors, it is your duty to weigh the evidence calmly and without passion, prejudice or
The defendant(s) stand(s) before you on an indictment returned by the grand jury charging
The indictment is not evidence of the defendant's guilt on the charge(s). An indictment is a
The defendant has pleaded not guilty to the charge(s).
PRESUMPTION OF INNOCENCE, BURDEN OF PROOF, REASONABLE DOUBT
The defendant on trial is presumed to be innocent and unless each and every essential
The burden of proving each element of a charge beyond a reasonable doubt rests upon the
The prosecution must prove its case by more than a mere preponderance of the evidence, yet
The State has the burden of proving the defendant guilty beyond a reasonable doubt. Some
A reasonable doubt is an honest and reasonable uncertainty in your minds about the guilt of
reasonable doubt may arise from the evidence itself or from a lack of evidence. It is a doubt that a
Proof beyond a reasonable doubt is proof, for example, that leaves you firmly convinced of
FUNCTION OF THE JURY
In my preliminary charge when we started the case, I explained to you that you are the judges
FUNCTION OF THE COURT
The function of the court is separate and distinct from the function of the jury. It is my
I have sustained objections to some questions asked by counsel which may have contained
The fact that I may have asked questions of a witness in the case must not influence you in
DIRECT AND CIRCUMSTANTIAL EVIDENCE
Evidence may be either direct or circumstantial. Direct evidence means evidence that
An inference is a deduction of fact that may logically and reasonably be drawn from another
It is not necessary that all the facts be proven by direct evidence. They may be proven by
*Reference example given in preliminary charge.
However, direct and circumstantial evidence should be scrutinized and evaluated carefully.
CREDIBILITY OF WITNESSES
As the judges of the facts, you are to determine the credibility of the witnesses and, in
determining whether a witness is worthy of belief and therefore credible, you may take into
the appearance and demeanor of the witness;
the manner in which he or she may have testified;
the witness's interest in the outcome of the trial if any;
his or her means of obtaining knowledge of the facts;
the witness's power of discernment meaning their judgment -understanding;
his or her ability to reason, observe, recollect and relate;
the possible bias, if any, in favor of the side for whom the witness testified;
the extent to which, if at all, each witness is either corroborated or contradicted, supported or
discredited by other evidence;
whether the witness testified with an intent to deceive you;
the reasonableness or unreasonableness of the testimony the witness has given;
whether the witness made any inconsistent or contradictory statement;
and any and all other matters in the evidence which serve to support or discredit his or her
Through this analysis, as the judges of the facts, you weigh the testimony of each witness and
then determine the weight to give to it. Through that process you may accept all of it, a portion of it
(CHARGE, IF APPLICABLE MODEL CHARGE(S) (ATTACHED) ON: DEFENDANT'S
FALSE IN ONE - FALSE IN ALL
(A TRIAL JUDGE, IN (HIS/HER) DISCRETION, MAY GIVE THIS CHARGE IN ANY
If you believe that any witness or party willfully or knowingly testified falsely to any
There are _______________offenses charged in the indictment. They are separate offenses
That concludes my instructions as to the principles of law regarding the offense(s) charged in
There is nothing different in the way a jury is to consider the proof in a criminal case from
Anything that has not been marked into evidence cannot be given to you in the jury room
Very shortly you will go into the jury room to start your deliberations. I remind you that,
You are to apply the law as I have instructed you to the facts as you find them to be, for the
It is your duty, as jurors, to consult with one another and to deliberate with a view to
You may return on each crime charged a verdict of either not guilty or guilty. Your verdict,
INSTRUCTIONS AS TO VERDICT FORM
To assist you in reporting a verdict I have prepared a verdict sheet for you. You will have
[Go Over Form With Jury]
If, during your deliberations, you have a question or feel that you need further assistance or
I will then go over the question with the lawyers and I will try to answer it as quickly as
[I have come to the end of my charge.]
[Do sidebar to give counsel opportunity to note objections on the record or excuse jury for that
We will now reduce the jury to twelve. The alternates will be selected at random.
(SELECT ALTERNATES AND REMOVE FROM JURY BOX)
(Juror’s Name) you are the foreperson of the jury because of your
SWEAR IN SHERIFF'S OFFICERS
Counsel please review all the evidence and the verdict sheet and make sure they are in order.
(JURY RETIRES TO JURY ROOM)
ALTERNATE JUROR EMPANELED AFTER DELIBERATIONS HAVE BEGUN
As you know, Juror # was excused from the jury. An alternate juror has been
FURTHER JURY DELIBERATIONS1
It is your duty, as jurors, to consult with one another and to deliberate with a view to
FORM FOR TAKING A VERDICT AND POLLING JURY
Ms./Mr. Foreperson, please rise.
Ms./Mr. Foreperson, has this jury agreed upon a verdict?
Ms./Mr. Foreperson, is that verdict unanimous?
[THE VERDICT IS THEN RECEIVED AS TO EACH COUNT
Members of this jury, you have heard the verdict as reported by your foreperson, the Court
2C:21-6. Credit cards
a. Definitions. As used in this section:
(1) "Cardholder" means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
(2) "Credit card" means any tangible or intangible instrument or device issued with or without fee by an issuer that can be used, alone or in connection with another means of account access, in obtaining money, goods, services or anything else of value on credit, including credit cards, credit plates, account numbers, or any other means of account access.
(3) "Expired credit card" means a credit card which is no longer valid because the term shown either on it or on documentation provided to the cardholder by the issuer has elapsed.
(4) "Issuer" means the business organization or financial institution which issues a credit card or its duly authorized agent.
(5) "Receives" or "receiving" means acquiring possession or control or accepting a credit card as security for a loan.
(6) "Revoked credit card" means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
b. False statements made in procuring issuance of credit card. A person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, firm or corporation, or his financial condition or that of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card is guilty of a crime of the fourth degree.
c. Credit card theft.
(1) A person who takes or obtains a credit card from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of a crime of the fourth degree. Taking a credit card without consent includes obtaining it by any conduct defined and prescribed in Chapter 20 of this title, Theft and Related Offenses.
A person who has in his possession or under his control (a) credit cards issued in the names of two or more other persons or, (b) two or more stolen credit cards is presumed to have violated this paragraph.
(2) A person who receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a crime of the fourth degree.
(3) A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer is guilty of a crime of the fourth degree.
(4) A person who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person, obtains control over a credit card as security for debt is guilty of a crime of the fourth degree.
(5) A person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of a third degree offense. A person other than the purported issuer who possesses two or more credit cards which are falsely made or falsely embossed is presumed to have violated this paragraph. A person "falsely makes" a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued. A person "falsely embosses" a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.
(6) A person other than the cardholder or a person authorized by him who, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card, is guilty of a crime of the fourth degree. A person who possesses two or more credit cards which are so signed is presumed to have violated this paragraph.
d. Intent of cardholder to defraud; penalties; knowledge of revocation. A person, who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person, (1) uses for the purpose of obtaining money, goods, services or anything else of value a credit card obtained or retained in violation of subsection c. of this section or a credit card which he knows is forged, expired or revoked, or (2) obtains money, goods, services or anything else of value by representing without the consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued, is guilty of a crime of the third degree. Knowledge of revocation shall be presumed to have been received by a cardholder four days after it has been mailed to him at the address set forth on the credit card or at his last known address by registered or certified mail, return receipt requested, and, if the address is more than 500 miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice shall be presumed to have been received 10 days after mailing by registered or certified mail.
e. Intent to defraud by person authorized to furnish money, goods, or services; penalties.
(1) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employees of such person, who, with intent to defraud the issuer or the cardholder, furnishes money, goods, services or anything else of value upon presentation of a credit card obtained or retained in violation of subsection c. of this section or a credit card which he knows is forged, expired or revoked violates this paragraph and is guilty of a crime of the third degree.
(2) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a crime of the fourth degree.
f. Incomplete credit cards; intent to complete without consent. A person other than the cardholder possessing two or more incomplete credit cards, with intent to complete them without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards of an issuer who has not consented to the preparation of such credit cards, is guilty of a crime of the third degree. A credit card is "incomplete" if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card, before it can be used by a cardholder, has not yet been stamped, embossed, imprinted or written on it.
g. Receiving anything of value knowing or believing that it was obtained in violation of subsection d. of N.J.S.2C:21-6. A person who receives money, goods, services or anything else of value obtained in violation of subsection d. of this section, knowing or believing that it was so obtained is guilty of a crime of the fourth degree. A person who obtains, at a discount price a ticket issued by an airline, railroad, steamship or other transportation company which was acquired in violation of subsection d. of this section without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of subsection d. of this section.
h. Fraudulent use of credit cards.
A person who knowingly uses any counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services, or anything else of value; or who, with unlawful or fraudulent intent, furnishes, acquires, or uses any actual or fictitious credit card, whether alone or together with names of credit cardholders, or other information pertaining to a credit card account in any form, is guilty of a crime of the third degree.
1. a. This act shall be known and may be cited as the "New Jersey Trademark Counterfeiting Act."
b.As used in this act:
(1)"Counterfeit mark" means a spurious mark that is identical with or substantially indistinguishable from a genuine mark that is registered on the principal register in the United States Patent and Trademark Office or registered in the New Jersey Secretary of State's office or a spurious mark that is identical with or substantially indistinguishable from the words, names, symbols, emblems, signs, insignias or any combination thereof, of the United States Olympic Committee or the International Olympic Committee; and that is used or is intended to be used on, or in conjunction with, goods or services for which the genuine mark is registered and in use.
(2)"Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
c.A person commits the offense of counterfeiting who, with the intent to deceive or defraud some other person, knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute within, or in conjunction with commercial activities within New Jersey, any item, or services, bearing, or identified by, a counterfeit mark.
A person who has in his possession or under his control more than 25 items bearing a counterfeit mark shall be presumed to have violated this section.
d. (1) An offense set forth in this act shall be punishable as a crime of the fourth degree if:
the offense involves fewer than 100 items bearing a counterfeit mark;
the offense involves a total retail value of less than $1,000.00 for all items bearing, or services identified by, a counterfeit mark; or
the offense involves a first conviction under this act.
(2)An offense set forth in this act shall be punishable as a crime of the third degree if:
the offense involves 100 or more but fewer than 1,000 items bearing a counterfeit mark;
the offense involves a total retail value of $1,000.00 or more but less than $15,000.00 of all items bearing, or services identified by, a counterfeit mark; or
the offense involves a second conviction under this act.
(3)An offense set forth in this act shall be punishable as a crime of the second degree if:
the offense involves 1,000 or more items bearing a counterfeit mark;
the offense involves a total retail value of $15,000.00 or more of all items bearing, or services identified by a counterfeit mark; or
the offense involves a third or subsequent conviction under this act.
In addition, any person convicted under this act, notwithstanding the provisions of N.J.S.2C:43-3, shall be fined by the court an amount up to threefold the retail value of the items or services involved, providing that the fine imposed shall not exceed the following amounts: for a crime of the fourth degree, $100,000.00; for a crime of the third degree, $250,000.00; and for a crime of the second degree, $500,000.00.
e.All items bearing a counterfeit mark, and all personal property, including but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of this act, shall be subject to forfeiture in accordance with the procedures set forth in chapter 64 of Title 2C of the New Jersey Statutes.
f.For purposes of this act:
(1)the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses;
(2)any State or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
g.Conviction for an offense under this act does not preclude the defendant's liability for the civil remedy available pursuant to section 2 of P.L. 1987, c.454 (C.56:3-13.16).
2C:64-1. Property Subject to Forfeiture.
a.Any interest in the following shall be subject to forfeiture and no property right shall exist in them:
(1)Controlled dangerous substances, firearms which are unlawfully possessed, carried, acquired or used, illegally possessed gambling devices, untaxed cigarettes, untaxed special fuel, unlawful sound recordings and audiovisual works and items bearing a counterfeit mark. These shall be designated prima facie contraband.
(2)All property which has been, or is intended to be, utilized in furtherance of an unlawful activity, including, but not limited to, conveyances intended to facilitate the perpetration of illegal acts, or buildings or premises maintained for the purpose of committing offenses against the State.
(3)Property which has become or is intended to become an integral part of illegal activity, including, but not limited to, money which is earmarked for use as financing for an illegal gambling enterprise.
(4)Proceeds of illegal activities, including, but not limited to, property or money obtained as a result of the sale of prima facie contraband as defined by subsection a. (1), proceeds of illegal gambling, prostitution, bribery and extortion.
b.Any article subject to forfeiture under this chapter may be seized by the State or any law enforcement officer as evidence pending a criminal prosecution pursuant to section 2C:64-4 or, when no criminal proceeding is instituted, upon process issued by any court of competent jurisdiction over the property, except that seizure without such process may be made when not inconsistent with the Constitution of this State or the United States, and when
(1)The article is prima facie contraband; or
(2)The property subject to seizure poses an immediate threat to the public health, safety or welfare.
c.For the purposes of this section:
"Items bearing a counterfeit mark" means items bearing a counterfeit mark as defined in N.J.S.2C:21-32.
"Unlawful sound recordings and audiovisual works" means sound recordings and audiovisual works as those terms are defined in N.J.S.2C:21-21 which were produced in violation of N.J.S.2C:21-21.
"Untaxed special fuel" means diesel fuel, No. 2 fuel oil and kerosene on which the motor fuel tax imposed pursuant to R.S.54:39-1 et seq. is not paid that is delivered, possessed, sold or transferred in this State in a manner not authorized pursuant to R.S.54:39-1 et seq. or P.L. 1938, c.163 (C.56:6-1 et seq.).
Gambling Criminal Offenses
a. "Contest of chance" means any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants or some other persons may also be a factor therein.
b. "Gambling" means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the actor's control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.
c. "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein does not thereby render material assistance to the establishment, conduct or operation of such game if he performs, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor or supplying cards or other equipment used therein. A person who engages in "bookmaking" as defined in this section is not a "player."
d. "Something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. This definition, however, does not include any form of promise involving extension of a privilege of playing at a game without charge on a mechanical or electronic amusement device, other than a slot machine as an award for the attainment of a certain score on that device.
e. "Gambling device" means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine. Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.
f. "Slot machine" means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash, whether the payoff is made automatically from the machine or in any other manner whatsoever. A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability.
g. "Bookmaking" means advancing gambling activity by unlawfully accepting bets from members of the public upon the outcome of future contingent events as a business.
h. "Lottery" means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value.
i. "Policy" or "the numbers game" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.
j. "Gambling resort" means a place to which persons may resort for engaging in gambling activity.
k. "Unlawful" means not specifically authorized by law.
L.1978, c. 95, s. 2C:37-1, eff. Sept. 1, 1979. Amended by L.1979, c. 176, s. 4, eff. Sept. 1, 1979; L.1982, c. 60, s. 1, eff. July 8, 1982.
2C:37-2. Promoting Gambling.
a. Promoting Gambling Defined. A person is guilty of promoting gambling when he knowingly:
(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of gambling activity; or
(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.
b. Grading. A person who violates the provisions of subsection a. by:
(1) Engaging in bookmaking to the extent he receives or accepts in any one day more than five bets totaling more than $1,000.00; or
(2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $100.00 in any one day of money played in such scheme or enterprise, is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2 b.
A person who violates the provisions of subsection a. by engaging in bookmaking to the extent he receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $10,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
c. It is a defense to a prosecution under subsection a. that the person participated only as a player. It shall be the burden of the defendant to prove by clear and convincing evidence his status as such player.
L.1978, c.95; amended 1979, c.178, s.69; 1997, c.181, s.9.
2C:37-3. Possession of Gambling Records.
a. A person is guilty of possession of gambling records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:
(1) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, including any paper or paper product in sheet form chemically converted to nitrocellulose having explosive characteristics as well as any water soluble paper or paper derivative in sheet form; or
(2) Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise.
(1) It is a defense to a prosecution under subsection a. (2) which must be proven by the defendant by clear and convincing evidence that the writing, paper, instrument or article possessed by the defendant constituted, reflected or represented plays, bets or chances of the defendant himself in a number not exceeding 10.
(2) It is a defense to a prosecution under subsection a. which must be proven by the defendant by clear and convincing evidence that the writing, paper, instrument or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or policy scheme or enterprise.
c. Grading. Possession of gambling records is a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. when the writing, paper, instrument or article:
(1) In a bookmaking scheme or enterprise, constitute, reflect or represent more than five bets totaling more than $1,000.00; or
(2) In the case of a lottery or policy scheme or enterprise, constitute, reflect or represent more than one hundred plays or chances therein.
Otherwise, possession of gambling records is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $20,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
a. A person is guilty of a crime of the fourth degree if, having substantial proprietary or other authoritative control over premises which are being used with his knowledge for purposes of activities prohibited by N.J.S.2C:37-2 and N.J.S.2C:37-3, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation and he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of such gambling activity on such premises and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
b. A person is guilty of a crime of the fourth degree if, having substantial proprietary or other authoritative control over premises open to the general public which are being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
L.1978, c.95; amended 1979, c.178, s.71; 1997, c.181, s.11.
(1) knowingly causes, engages in or permits any gambling activity prohibited under N.J.S.2C:37-2, 2C:37-3 or 2C:37-4 to be conducted on a vessel that embarks from any point within the State, and disembarks at the same or another point within the State, whether the gambling activity is conducted within or without the waters of the State; or
(2)manages, supervises, controls, operates or owns any vessel that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person knowingly causes or permits any gambling activity prohibited under this chapter, whether the gambling activity is conducted within or without the waters of the State.
b.Any person who violates the provisions of subsection a. of this section is guilty of a crime of the same degree as the most serious crime that was committed in violation of N.J.S.2C:37-2, 2C:37-3 or 2C:37-4, as appropriate.
c.This section shall not apply to gambling activity conducted on United States-flagged or foreign-flagged vessels during travel from a foreign nation or another state or possession of the United States up to the point of first entry into New Jersey waters or during travel to a foreign nation or another state or possession of the United States from the point of departure from New Jersey waters, provided that nothing herein shall preclude prosecution for any other offense under this chapter.
In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute presumptive proof of the occurrence of such event.
L.1978, c. 95, s. 2C:37-5, eff. Sept. 1, 1979.
L.1978, c. 95, s. 2C:37-6, eff. Sept. 1, 1979.
A person except a player is guilty of possession of a gambling device when, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of:
b. Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity.
Possession of a gambling device other than under such circumstances as would constitute a violation of section 116 of the "Casino Control Act" (P.L. 1977, c. 110; C. 5:12-1 et seq.) is a disorderly persons offense; provided, however, that possession of not more than one gambling device other than a slot machine for social use within the home shall not be an offense under this section; and provided further, however that possession of one or more antique slot machines shall not be an offense under this section or under section 116 of the "Casino Control Act" (PL 1977, c. 110; C. 5:12-1 et seq.). As used in this section, "antique slot machine" means a slot machine which was manufactured prior to 1941. Nothing herein contained shall be construed to authorize the use of an antique slot machine for any unlawful purpose or for gaming.
L.1978, c. 95, s. 2C:37-7, eff. Sept. 1, 1979. Amended by L.1979, c. 176, s. 2, eff. Sept. 1, 1979.
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