Kenneth Vercammen's Law office represents people
charged with criminal offenses and disorderly 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. Our website njlaws.com provides information on criminal
offenses. We can be retained to represent people.
The following are the Criminal Rules of Court regarding
criminal trials in New Jersey in the Superior Courts:
RULE 3:14. PLACE OF TRIAL 3:14-1. Venue
An offense shall be prosecuted in the county in
which it was committed, except that (a) If it is uncertain in which one of 2 or
more counties the offense has been committed or if an offense is committed in
several counties prosecution may be had in any of such counties. (b) If a
person dies in one county as a result of an offense committed in any other
county or counties, the prosecution may be had in any of such counties. (c)
Whenever the body of any person who died as a result of an offense is found in
any county, prosecution may be had in such county, regardless of where the
offense was committed. (d) Whenever a person dies within the jurisdiction of
this State as a result of an offense committed outside the jurisdiction of this
State, or dies outside the jurisdiction of this State as a result of an offense
committed within the jurisdiction of this State, the prosecution shall be had
in the county in which the death occurred or the offense was committed. (e)
Prosecution for acts of treason against this State which were committed outside
the jurisdiction of this State shall be had in any county designated by the
Chief Justice. (f) Prosecutions for libel shall be had either in the county in
which the publication was made or the county in which the libeled person
resided at the time of the publication. (g) An accessory may be prosecuted as
such either in the county in which the offense to which he or she is an accessory
is triable or the county in which he or she became such accessory. (h) Any
person who steals the property of another, outside this State, or receives such
property knowing it to have been stolen, and brings it into this State, may be
prosecuted in any county into or through which the stolen property is brought.
(i) Prosecutions for acts of forgery, embezzlement, conversion or
misappropriation may be had either in the county in which such offense was
committed or in the county in which the offender last resided. (j) Prosecutions
for desertion may be had either in the county in which the wife or any child
resided at the time of the desertion or in the county in which the wife resides
when the prosecution is begun. (k) The county of venue for purposes of trial of
indictments returned by a State Grand Jury shall be designated by the
Assignment Judge appointed to impanel and supervise the State Grand Jury or
Grand Juries pursuant to R. 3:6-11(b).
3:14-2. Motion for Change of Venue or Foreign Jury
A motion for change of venue may be made only by a
defendant. A motion for trial by a foreign jury may be made by any party. Such
motions shall be made to the judge assigned to try the case or to the
Assignment Judge of the county in which the indictment was found or the
accusation filed on notice to the other party or parties on such proofs as the
court directs and shall be granted if the court finds that a fair and impartial
trial cannot otherwise be had.
3:14-3. Foreign Juries; Order and Selection
If a foreign jury is ordered, the order shall
specify the number of jurors to be returned and a venire directed to the
sheriff of the county from which such jury shall be taken, which shall be
returnable to the court in the county in which the matter is to be tried. The jurors
shall be selected in the same manner as the general panel of jurors is selected
in the county from which they are taken.
3:14-4. Order for Change of Venue; Costs
If a change of venue is ordered, the criminal
division manager's office in which the indictment or accusation is pending
shall transmit to the criminal division manager's office to which the matter is
transferred all papers filed therein or duplicates thereof, and the prosecution
shall continue in that county. The costs of trial shall be certified to the
Assignment Judge of the county in which the indictment was found or the
accusation was filed.
RULE 3:15. JOINDER AND SEVERANCE 3:15-1. Trial of
Indictments or Accusations Together
(a) Permissible Joinder. The court may order 2 or
more indictments or accusations tried together if the offenses and the
defendants, if there are 2 or more, could have been joined in a single
indictment or accusation. The procedure shall be the same as if the prosecution
were under such single indictment or accusation. (b) Mandatory Joinder. Except
as provided by R. 3:15-2(b), a defendant shall not be subject to separate
trials for multiple criminal offenses based on the same conduct or arising from
the same episode, if such offenses are known to the appropriate prosecuting
officer at the time of the commencement of the first trial and are within the
jurisdiction and venue of a single court.
3:15-2. Relief From Prejudicial Joinder
(a) Motion by State Before Trial. If two or more
defendants are to be jointly tried and the prosecuting attorney intends to
introduce at trial a statement, confession or admission of one defendant
involving any other defendant, the prosecuting attorney shall move before trial
on notice to all defendants for a determination by the court as to whether such
portion of the statement, confession, or admission involving such other
defendant can be effectively deleted therefrom. The court shall direct the
specific deletions to be made, or, if it finds that effective deletions cannot
practically be made, it shall order separate trials of the defendants. Upon
failure of the prosecuting attorney to so move before trial, the court may
refuse to admit such statement, confession or admission into evidence at trial,
or take such other action as the interest of justice requires. (b) Motion by
Defendant and State. If for any other reason it appears that a defendant or the
State is prejudiced by a permissible or mandatory joinder of offenses or of
defendants in an indictment or accusation the court may order an election or
separate trials of counts, grant a severance of defendants, or direct other
appropriate relief. (c) Time. A motion for separate trial of counts of an
indictment or accusation must be made pursuant to R. 3:10-2, unless the court,
for good cause shown, enlarges the time.
3:15-3. Trial of Criminal Offenses and Lesser,
Related Infractions
(a) Joinder of Criminal Offense and Lesser Related
Infraction. (1) Except as provided in paragraph (b), the court shall join any
pending non-indictable complaint for trial with a criminal offense based on the
same conduct or arising from the same episode. (2) Regardless of whether a jury
sits as the finder of facts with respect to the criminal offense, and unless
the complaint charges a disorderly persons offense or a petty disorderly
persons offense that must be submitted to the jury in accordance with the
provisions of N.J.S.A. 2C:1-8(e), the Superior Court judge shall sit as a
municipal court judge on the complaint and shall render the verdict with
respect to the complaint on the proofs adduced in the course of trial. (3) If
evidence is held to be admissible with respect to the trial of the complaint
but inadmissible with respect to the trial of the criminal offense, the court
shall hear that evidence outside of the jury's presence and may, in its
discretion, postpone such hearing until the jury has retired to deliberate. The
court shall not render its verdict on the complaint until the jury has rendered
its verdict or until the jury has been dismissed. (b) Relief From Joinder. If
for any reason it appears that a defendant or the State is prejudiced by the
joinder required by paragraph (a), the court may decline to join or may grant
other appropriate relief. A defendant's request to avoid joinder shall
constitute a waiver of any claim against twice being placed in jeopardy that
would not have arisen had the defendant's request been denied. (c) Consequence
of Failure to Join. In no event shall failure to join as required in paragraph
(a) be deemed to constitute grounds for barring a subsequent prosecution of the
complaint except as required by statute or by the Federal or State
Constitutions.
RULE 3:16. PRESENCE OF THE DEFENDANT
(a) Pretrial. The defendant must be present for
every scheduled event unless excused by the court for good cause shown. (b) At
Trial or Post-conviction Proceedings. The defendant shall be present at every
stage of the trial, including the impaneling of the jury and the return of the
verdict, and at the imposition of sentence, unless otherwise provided by Rule.
Nothing in this Rule, however, shall prevent a defendant from waiving the right
to be present at trial. A waiver may be found either from (a) the defendant's
express written or oral waiver placed on the record, or (b) the defendant's
conduct evidencing a knowing, voluntary, and unjustified absence after (1) the
defendant has received actual notice in court or has signed a written
acknowledgment of the trial date, or (2) trial has commenced in defendant's
presence. A corporation shall appear by its attorney for all purposes. The
defendant's presence is not required at a reduction of sentence under R.
3:21-10 or, except as provided in R. 3:22-10, at a hearing on a petition for
post conviction relief.
RULE 3:18. MOTION FOR JUDGMENT OF ACQUITTAL 3:18-1.
Motion Before Submission to Jury
At the close of the State's case or after the
evidence of all parties has been closed, the court shall, on defendant's motion
or its own initiative, order the entry of a judgment of acquittal of one or
more offenses charged in the indictment or accusation if the evidence is
insufficient to warrant a conviction. A defendant may offer evidence after
denial of a motion for judgment of acquittal made at the close of the State's
case without having reserved the right.
3:18-2. Motion After Discharge of Jury
If the jury returns a verdict of guilty or is
discharged without having returned a verdict, a motion for judgment of
acquittal may be made, even if not earlier made pursuant to R. 3:18-1 or it may
be renewed within 10 days after the jury is discharged or within such further
time as the court fixes during the 10-day period. The court on such motion may
set aside a verdict of guilty and order the entry of a judgment of acquittal
and may so order if no verdict has been returned.
RULE 3:19. VERDICT 3:19-1. Several Defendants or
Counts; Written Verdict Sheets
(a) Several Defendants or Counts. If there are 2 or
more counts of an indictment or 2 or more defendants tried together, the jury
may return a verdict or verdicts with respect to a defendant or defendants as
to whom it has agreed, specifying the counts on which it has agreed; the
defendant or defendants may be tried again on the count or counts as to which
it has not agreed. (b) Written Verdict Sheets. In the discretion of the court,
a written verdict sheet may be submitted to the jury in conjunction with a
general verdict to facilitate the determination of the grade of the offense
under the Code of Criminal Justice or otherwise simplify the determination of a
verdict when multiple charges are submitted to the jury. The verdict sheet
shall be marked as a court exhibit and retained by the court pursuant to Rule
1:2-3.
3:19-2. Acquittal by Reason of Insanity
If a defendant interposes the defense of insanity
and is acquitted after trial on that ground, the verdict and judgment shall so
state. The procedure for disposition of the defendant shall be as provided by
N.J.S.A. 2C:4-8 and 2C:4-9 and by R. 4:74-7, except that in the case of
defendants acquitted of murder by reason of insanity all hearings pursuant to
R. 4:74-7(e) shall be in open court unless good cause is shown for a hearing in
camera.
RULE 3:20. NEW TRIAL 3:20-1. Trial by Court or Jury
The trial judge on defendant's motion may grant the
defendant a new trial if required in the interest of justice. If trial was by
the judge without a jury, the judge may, on defendant's motion for a new trial,
vacate the judgment if entered, take additional testimony and direct the entry
of a new judgment. The trial judge shall not, however, set aside the verdict of
the jury as against the weight of the evidence unless, having given due regard
to the opportunity of the jury to pass upon the credibility of the witnesses,
it clearly and convincingly appears that there was a manifest denial of justice
under the law.
3:20-2. Time for Making Motion
A motion for a new trial based on the ground of
newly-discovered evidence may be made at any time, but if an appeal is pending,
the court may grant the motion only on remand of the case. A motion for a new
trial based on a claim that the defendant did not waive his or her appearance
for trial shall be made prior to sentencing. A motion for a new trial based on
any other ground shall be made within 10 days after the verdict or finding of
guilty, or within such further time as the court fixes during the 10-day
period.
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 simply attended law
school. When your life and job is on the line, hire the best attorney
available.
Kenneth Vercammen, 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, Hightstown, 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.
