Kenneth Vercammen's Law office represents
individuals charged with criminal and serious traffic violations throughout New
Jersey.
Under New Jersey law, the court must order every
person convicted of an offense concerning controlled dangerous substances or
drug paraphernalia, as set out in chapters 35 and 36 of the Criminal Code, to
forfeit his or her driving privileges for a period of six months to two years.
In cases involving juveniles under the age of 17, the period of suspension
ordered by the court begins after the day the juvenile reaches age 17.
A new law in 2006 S-2517/A-878 allows the court to
refrain from imposing the driver's license suspension under certain
circumstances. As a condition of receipt of certain federal funds, federal law
(set out in 23 U.S.C.A. §159) requires each state to comply with one of the
following three options: (1) the state must require driver's license suspension
for CDS offenses in all cases (as does current New Jersey law); or (2) the
state must require drivers' license suspension for CDS offenses unless there
are "compelling circumstances warranting an exception"; or (3) the
state's Governor must submit two certifications to the federal Secretary of
Transportation: one stating that the Governor is opposed to the enactment or
enforcement in the state of a law requiring drivers' license suspensions for convicted
drug offenders; and one stating that the legislature (including both Houses
where applicable) has adopted a resolution expressing its opposition to such a
law. This bill conforms to alternative (2) of the federal statute. Under the
bill, the court will not order a driver's license suspension for a person
convicted of a drug offense if the court finds "compelling circumstances
warranting an exception." For purposes of the bill, compelling
circumstances warranting an exception exist if the forfeiture of the person's
right to operate a motor vehicle will result in extreme hardship and
alternative means of transportation are not available. The committee amendments
were proposed by the Commission to Review Criminal Sentencing established by
P.L. 2003, c.265. These amendments provide that a person, at any time after
sentencing and upon notice to the prosecutor, may make an application to the
court to restore his right to operate a motor vehicle if the application is
based upon new evidence or new information which demonstrates compelling
circumstances warranting an exception. For example, a person may be sentenced
to forfeit his driving privileges for two years. After serving one year of that
sentence he may relocate and alternative means of transportation may no longer
be available near his new residence. Under the amendments that person may apply
to the court for reconsideration of his loss of driving privileges given the
new information bearing on this matter. Kenneth Vercammen & Associates Law
Office represents people injured in accidents or charged with criminal
offenses. We provide representation throughout New Jersey. Don't give up! Our
Law Office can provide experienced attorney representation for most cases. Our
website njlaws.com provides information on personal injury and criminal cases.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT
LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax)
732-572-0030
TRIAL AND LITIGATION EXPERIENCE In his private
practice, he has devoted a substantial portion of his professional time to the
preparation and trial of litigated matters. He appears in Courts throughout New
Jersey several times each week on many personal injury matters, Criminal and
Municipal/ traffic Court trials, Probate hearings, and contested administrative
law hearings.
Mr. Vercammen served as the Prosecutor for the
Township of Cranbury, Middlesex County and was involved in trials on a weekly
basis. He also argued all pre-trial motions and post-trial applications on
behalf of the State of New Jersey.
He has also served as a Special Acting Prosecutor
in Woodbridge, Perth Amboy, Berkeley Heights, Carteret, East Brunswick,
Jamesburg, South Brunswick, South River and South Plainfield for conflict
cases. Since 1989, he has personally handled hundreds of criminal and motor
vehicle matters as a Prosecutor and now as defense counsel and has had
substantial success.
Previously, Mr. Vercammen was Public Defender for
the Township of Edison and Borough of Metuchen and a Designated Counsel for the
Middlesex County Public Defender's Office. He represented indigent individuals
facing consequences of magnitude. He was in Court trying cases and making
motions in difficult criminal and DWI matters. Every case he personally handled
and prepared.
His resume sets forth the numerous bar associations
and activities which demonstrate his commitment to the legal profession and
providing quality representation to clients.
Since 1985, his primary concentration has been on
litigation matters. Mr. Vercammen gained other legal experiences as the
Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with
the Delaware County, PA District Attorney Office handling Probable Cause
Hearings, Middlesex County Probation Department as a Probation Officer, and an
Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton,
PA.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell
the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit
to random drug and urine testing. If you violate Probation, you often go to
jail.
4. In indictable matters, you will be required to
provide a DNA sample, which could be used by law enforcement for the
investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds
there is a victim who has suffered a loss and if the court finds that you are
able or will be able in the future to pay restitution.
6. If you are a public office holder or employee,
you can be required to forfeit your office or job by virtue of your plea of
guilty.
7. If you are not a United States citizen or
national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first
offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of
$500-$1,000, and lose your driver's license for 6 months - 2years. You must pay
a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes
Compensation Board assessment of $50 ($100 minimum if you are convicted of a
crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services
Fund assessment for each conviction.
14. If you are being sentenced to probation, you
must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration
in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal
offense is not impossible. There are a number of viable defenses and arguments
which can be pursued to achieve a successful result. Advocacy, commitment, and
persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a
criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the
first degree, for a specific term of years which shall be fixed by the court
and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree,
for a specific term of years which shall be fixed by the court and shall be
between five years and 10 years;
(3) In the case of a crime of the third degree, for
a specific term of years which shall be fixed by the court and shall be between
three years and five years;
(4) In the case of a crime of the fourth degree,
for a specific term which shall be fixed by the court and shall not exceed 18
months.
2C:43-3 Fines have been increased recently!
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;
If facing any criminal charge, retain an experienced attorney
immediately to determine you rights and obligations to the court. Current
criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500
