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

Thursday, September 25, 2014

Motion to Re-Open Guilty Plea to Traffic Ticket or Criminal Guilty Plea



3:22-11. Determination; Findings and Conclusions; Judgment; Supplementary Orders

In making final determination upon a petition, either on motion for dismissal or after hearing, the court shall state separately its findings of fact and conclusions of law, and shall enter a judgment, which shall include an appropriate order or direction with respect to the judgment or sentence in the conviction proceedings and any appropriate provisions as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or as may otherwise be required.

3:22-12. Limitations

A petition to correct an illegal sentence may be filed at any time. No other petition shall be filed pursuant to this rule more than 5 years after rendition of the judgment or sentence sought to be attacked unless it alleges facts showing that the delay beyond said time was due to defendant's excusable neglect.

Conclusion

It is well established that the prosecution of a defendant for criminal and traffic offenses are serious matters. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt. Plea bargaining is permitted in most cases handled by attorneys. Never attempt to represent yourself if you are facing serious charges.

Criminal and traffic offenses carry penalties which will effect your client for the rest of his life. The space limits of this article do not allow detailed explanation of the extensive caselaw on penalties. Criminal and traffic law and defenses are explained in greater details in other articles on njlaws.com. Call 732-572-0500 to schedule a confidential consultation