Kenneth Vercammen & Associates Law Office
represents people charged with criminal offenses. We provide representation
throughout New Jersey. Criminal charges can cost you. If convicted, you can
face prison, fines over $10,000, jail, probation over 18 months, and other
penalties. Don't give up! Our Law Office can provide experienced attorney
representation for criminal violations. Our website njlaws.com provides
information on criminal cases.
New Standardized Pretrial Intervention Program
(PTI) Procedures
Directive #14-05 promulgates for statewide use a
standard set of forms for processing Pretrial Intervention Program (PTI) cases
through the Criminal and Probation Divisions of the Superior Court. Effective
December 1, 2005, the following language shall be used, replacing any
corresponding forms now in use in the court vicinages:
What is the Pretrial Intervention Program (PTI)?
The Pretrial Intervention Program (PTI) provides defendants, generally
first-time offenders, with opportunities for alternatives to the traditional
criminal justice process of ordinary prosecution. PTI seeks to render early
rehabilitative services, when such services can reasonably be expected to deter
future criminal behavior. The PTI program is based on a rehabilitative model
that recognizes that there may be an apparent causal connection between the
offense charged and the rehabilitative needs of a defendant. Further, the
rehabilitative model emphasizes that social, cultural, and economic conditions
often result in a defendant¹s decision to commit crime. Simply stated, PTI
strives to solve personal problems which tend to result from the conditions
that appear to cause crime, and ultimately, to deter future criminal behavior
by a defendant.
What Are the Benefits of the Pretrial Intervention
Program (PTI)? If PTI is successfully completed, there is no record of
conviction and the defendant avoids the stigma of a criminal record. Although
no record of a conviction exists, a defendant may want to file for an
expungement to remove any record of the original arrest.
Early intervention allows rehabilitative services
to be provided soon after the alleged offense, in an attempt to correct the
behavior that led to the offense. Some of the costs associated with the formal
court process are eliminated through acceptance into PTI. PTI provides early
resolution of a case, which serves the interests of the victim, the public and
the defendant. PTI reduces the burden on the court and allows resources to be
devoted to more serious criminals.
What are the Conditions for Participation in
Pretrial Intervention? Supervision under the PTI program may run from 12 months
to three years and is provided by the Probation Division. Certain standard
conditions are imposed on those accepted into PTI, such as, random urine
monitoring, and assessments of fees, penalties and fines. Additional conditions
may also be imposed to require the performance of community service, payment of
restitution, and submission to psychological and/or drug and alcohol
evaluations with compliance to recommended treatment programs. If a defendant
successfully completes all the conditions of PTI, then the original charges are
dismissed on the recommendation of the Criminal Division Manager with consent
by the prosecutor, and there is no record of conviction. If a defendant does
not successfully complete the conditions of PTI, then the defendant is
terminated from the PTI program and the case is returned to the ordinary course
of prosecution.
Who is Eligible for Pretrial Intervention (PTI)?
Any defendant who is charged with an indictable offense may apply. Admission
guidelines stated in the Court Rules set the following criteria: Age - PTI is
designed for adults. Jurisdiction - Only defendants charged with indictable
offenses in New Jersey may apply. Minor Violations - Charges that would likely
result in a suspended sentence without probation or a fine are generally not
eligible. Those charged with ordinance, health code and other similar
violations are not eligible. Prior Record of Convictions - PTI generally
excludes defendants who have been previously convicted. Parolees and
Probationers - Generally excluded without prosecutor¹s consent and considered
only after consultation with parole and probation departments. Defendants
Previously Diverted - Excludes defendants who have previously been granted a
diversionary program or conditional discharge.
How Does One Apply for Pretrial Intervention?
Applications to PTI must be made no later than 28 days after indictment. There
is a $75 non-refundable application fee. In certain instances, this fee may be
waived. The application process includes an interview with the defendant by a
staff member of the Criminal Division of the Superior Court. A written report
is prepared detailing the decision for admittance or rejection into the PTI
program. When a defendant is accepted into PTI on the recommendation of the
Criminal Division, with the consent of the prosecutor and the defendant, the
judge may postpone all further proceedings against the defendant for a period
not to exceed 36 months. The applicant may appeal a rejection to the Presiding
Judge of the Criminal Division within 10 days of the rejection.
1. You shall obey all federal, state, and municipal
laws and ordinances. You shall notify your probation officer within 24 hours if
you are arrested or issued a complaint summons in any jurisdiction. 2. You
shall report to your probation officer as directed. 3. You shall answer all
inquiries by your probation officer truthfully. 4. You shall permit your
probation officer to visit your residence or any other suitable place. 5. You
shall promptly report any change of address or residence to your probation
officer. 6. You must obtain permission if you wish to move outside the state.
7. You shall seek and maintain gainful employment, and promptly notify your
probation officer when you change your place of employment or find yourself out
of work. 8. You shall cooperate in any test, treatment and/or counseling deemed
necessary by your probation officer during the PTI period of postponement.
If the court finds that you have not complied with
the conditions of your PTI Supervision, the Court may modify the conditions of
PTI Supervision, or terminate you from the program. If you are terminated from
PTI Supervision, your charges will be reactivated and criminal court
proceedings will resume.
Failure to comply with the payment requirements may
result in further Court action including termination, attachment of your wages,
filing of a civil judgment, or extension of your PTI Supervision for purposes
of collection.
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
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.
