Criminal Court System

The following contains some pertinent information that might be of help to you as you become involved in the criminal justice system as a victim or witness. Apprehension and Arrest of the Accused There are three basic routes a case can take in order to be brought to court: Arrest of the accused at the scene of the crime; Arrest based on a warrant issued by the court in response to a sworn complaint; Arrest based on indictment by a Grand Jury as the result of its investigation. In all three instances, the evidence available must show that there is "probable cause" to believe that a crime was committed and that the person to be charged took part in committing the crime. What is a complaint? A complaint is a statement of facts about an alleged crime which, when filed in court formally charges a person. Facts about a crime are submitted to the County Prosecutors Office by a local law enforcement agency. Upon review, if the evidence is deemed sufficient for prosecution, a complaint is filed in the court. This is the initial stage in the prosecution of a criminal matter. If there is not enough information at this time, no complaint is filed. What is a Warrant of Arrest? A warrant of arrest is an order signed by a judge, authorizing the police to arrest a person believed to have committed a serious crime. Case Review and Filing of Charges by the Prosecutor Following the arrest of the accused by the Police, the case is presented to the prosecutor. The prosecutor, as the peoples representative in our system of criminal justice, has the sole responsibility for determining whether or not charges will be presented to the Grand Jury. The initial processing of the case by the prosecutor is often referred to as "screening". At this stage the case is discussed with police, evidence is reviewed and witnesses are interviewed. The prosecutor then decides whether to do one or more of the following: Charge the accused with the same charge or charges made by the police or used in issuing the arrest warrant. Increase a given charge to a more serious charge, reduce the charge, or add new charges. The accused is often charged with more than one criminal offense so the filing of charges with the court can be complex legal procedure. The prosecutor must consider all applicable laws, as well as the decisions of the State and Federal Courts. If the prosecutor determines there is not sufficient evidence or there is no legal basis for charging the accused with a crime, the case is closed and the accused released. What Happens to the Accused? The person accused of the crime is now called the defendant. The defendant will make his/her first appearance before a judge soon after the arrest. The appearance is for the purpose of reviewing the amount set for bail, furnishing the defendant with a copy of the complaint, confirming legal counsel, and setting a date for hearing. What is the Purpose of Bail? Bail is set by the court, not by the prosecutor. It is used to assure a defendants appearance in court. The primary factor considered by the court is whether the defendant is likely to appear for trial. Within that context the court will also take into consideration the defendants background and the seriousness of the offense charged. Why Would a Case Get Dismissed? There are a number of reasons why a criminal case may be dismissed or dropped by the prosecutor or the court before trial. For example, the prosecution may decide probable cause has not been established or the defendant may make full restitution or compensation for property loss. The case may also have to be dismissed because of some technical failure of the evidence, or because the defendant cannot be found or is considered incompetent to stand trial. None of the reasons means that the witness are unimportant or unnecessary, or that their willingness to testify is not appreciated. The presence and willingness of witnesses to testify may be the deciding factor in determining what will be done in the case, particularly in getting the accused to plead guilty. What If Someone Threatens a Witness To Drop the Charges? Such a person is obstructing justice and may be committing a crime. Call the law enforcement officer in charge of the case. Police can ask the judge to issue a new warrant, or to revoke the defendants bail. What If The Defense Attorney Contacts a Witness About The Case? You may be asked by the defense attorney to talk to him/her about the case. The witness may refuse or can talk. It is the decision of a witness. Pleas Of Guilty The defendant in the case may decide to plead guilty. The plea may only come at the last moment before trial, often because the defendants attorney is hoping that a witness will not show up, or that the case will be dropped for other reasons. What Happens In A Trial? In a trial, the prosecutor presents the case for the State, attempting to prove beyond a reasonable doubt that the defendant did commit the crime as charged. The defendant may present his or her side through the use of an attorney. What Do the Witnesses Do At The Trial? As a witness for the State, they have an important part in the trial. They may be questioned by the assistant prosecutor about who they are and what they know about the case. The defendants attorney may then cross-examine them or question them about their knowledge of the case. They may feel during the questioning that their personal motives are doubted, but the process of cross-examination is not meant as a personal attack upon them. It is to ensure that all sides of the case are told and to establish the truth. Witnesses need NOT be present during the entire trial and will be called only when needed. GLOSSARY ARRAIGNMENT- Usually the following actions occur at this court event: The defendant is officially notified of the charges against him/her; the defendant is asked whether he/she pleads innocent or guilty, whether there will be trial demand and whether by jury or a trial by judge, if that is an option; and the terms of the defendants release pending trial is set. BAIL- Release on bond. The defendant may be released if he/she has put money or a percentage of a sum of money required by the court, formally charges a person. COMPLAINT- A statement of facts about an alleged crime which, when filed in court, formally charges a person. CONTEMPT OF COURT- This is an offense that can occur in one of two ways: (1) disrespect or unacceptable behavior in the presence of the court which can be punished immediately by the judge; or (2) outside the presence of the court the failure to abide by an order of the court in which a hearing will be held and unless the defendant can show cause why he/she should not be held in contempt, he/she will be sentenced. CONTINUANCE- A postponement of a case for trial or hearing to a later date which usually can be granted only by the court. CRIMINAL CONDUCT- The New Jersey Code of Criminal Justice, effective September 1, 1979 grades criminal conduct into first, second, third or fourth degree offenses, all requiring an indictment by the Grand Jury and entitling the defendant to a trial by jury. These offenses were previously referred to in New Jersey as misdemeanors and high misdemeanors or as misdemeanors and felonies in other jurisdictions. DEFENDANT- A person formally accused of a crime. DISMISSAL- The dropping of a case by a judge sometimes at the request of the prosecutor. DISORDERLY PERSON OFFENSE- A minor violation of the law for which a person may be jailed for no more than six months, does not require a Grand Jury indictment and is ordinarily tried in the municipal court without a jury. This class of offense is New Jerseys equivalent of what are commonly referred to as "misdemeanors" in other jurisdictions. GRAND JURY- A body of 23 citizens which hears evidence presented by the prosecutor to determine whether there is enough evidence to justify an indictment. INDICTMENT- A formal criminal charge made by a Grand Jury after considering evidence presented by the prosecutor. Also called a True Bill. NO BILL- A determination by the Grand Jury that the evidence presented by the prosecution is not sufficient to justify an indictment. OBSTRUCTION OF JUSTICE- The use of force or threat of force to influence or intimidate a juror or witness. Under N.J.s new criminal code obstruction of justice will also be referred to as "hindering apprehension or prosecution" and carries a severe penalty. PAROLE- The early release under conditions of supervision of a person who has been convicted of a crime, sentenced to prison and has served some of that sentence. PERJURY- Deliberate lying under oath. Perjury is a crime of the third degree punishable by a severe penalty. PETIT OR PETTY JURY- A jury that hears the evidence presented by both prosecution and defense at a trial, comes to a decision concerning the facts and presents a verdict of guilty or not guilty. PERSONAL RECOGNIZANCE- The method by which an arrested person is released on his/her word that he/she will return at the designated time for further court appearance. PLEA- When the defendant is asked by the judge whether he/she wishes to admit guilt or to deny it and go to trial on the charges. The answer is the plea which may be either guilty or not guilty. PLEA BARGAINING- A necessary aspect of the criminal justice process which promotes the speedy disposition of cases without the necessity of trial. Usually, the defendant will plead guilty to SOME of the charges with the prosecutor often recommending a certain sentence and/or the dismissal of other charges. The goal of the prosecutor in plea bargaining is to try to achieve approximately the same result as would have occurred if the defendant had been convicted after trial. PROBATION- The release under "good behavior" of a person convicted of a crime as an alternative to imprisonment. SUBPOENA AD TESTIFICANDUM- A written official summons to appear in court to give testimony under possible penalty of law for failure to appear. SUBPOENA DUCES TECUM- subpoena that directs the witness to bring to court certain named documents or other evidence. TRUE BILL- A formal criminal charge made by a Grand Jury after considering evidence presented by the prosecutor. Also called an indictment. 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 drivers 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

Criminal and traffic cases decided by NJ Courts

Selected by Kenneth Vercammen, Esq. 1.  Defendant does not have burden to prove discrimination in stop . State v. Segars 172 NJ 481 (2002). The Municipal Court of Ridgewood erred in ruling that the defendant in this case, who was charged with operating a motor vehicle while his driving privileges were suspended, failed to sustain his burden of proving discriminatory targeting on the part of the officer, who ran a Mobile Data Terminal check on the defendant¹s license plate. 2.  Phone call creates Jurisdiction in DV.  A.R. v. M.R. 351 NJ Super. 512 (App Div. 2002)    The New Jersey courts may exercise personal jurisdiction over a defendant who subjected his victim to domestic violence in another state, threatened to pursue her if she left him, and attempted to contact her in New Jersey by telephone when she came here for safety.   Source: 11 NJL 1259 3.  Stalking can be putting secret camera in estranged wife¹s bedroom. H.E.S. v. J.C.S.  ___ NJ Super. __ (App Div. A-719-00T3, Decided March 21, 2002).    Plaintiff¹s proof regarding the hidden surveillance equipment in her bedroom does not satisfy the elements of harassment because it does not establish that the defendant had the purpose to harass and to alarm or seriously annoy her;  however, it does establish the predicate offense of stalking because it constitutes a course of conduct that would cause a reasonable person to fear bodily injury, and the trial judge properly entered the final restraining order based on the predicate offense.  Source: 268 NJL 49 4.   Sup MT granted where DV hearing officer did not take details. State v. Johnson 352 NJ Super. 15 (App Div. 2002).    Since the purpose of a search warrant issued pursuant to N.J.S.A. 2C:25-28j is to protect the victim of domestic violence from further violence, not to discover evidence of criminality, ³reasonable cause,² as opposed to ³probable cause,² is the barometer by which the appropriateness of it¹s issuance is to be judged; the judge must find reasonable cause to believe that: (1) the defendant has committed an act of domestic violence; (2) he possesses or has access to a firearm or other weapon delineated in N.J.S.A. 2C:39-1r; and that (3) his possession or access to the weapon poses a heightened risk of injury to the victim-- additionally, a description of the weapon and its believed location must be reasonably specified in the warrant.  In this case, although there may have been sufficient facts and information available to satisfy the reasonable-cause requirements outlined here, the procedures were insufficient to establish their existence in the record; plaintiff testified before the Domestic Violence Hearing Officer (DVHO), not the Family Part Judge, who received no written summary, transcript or affidavit that would enable an analysis of whether there was reasonable cause to believe that defendant, her husband, had access to a handgun and, if so, whether that access posed a danger or heightened risk of injury to plaintiff, and the judge did not ³state with specificity the reasons for and scope of the search and seizure authorized by the order,² N.J.S.A.  2C:25-28j;   even in the record before the DVHO there is an absence of any testimony by plaintiff that she was in fear of defendant or, more particularly,  that his access to a weapon created additional risk of harm to her;  accordingly, the Law Division properly granted defendant¹s motion to suppress the marijuana that the police found in his bedroom pursuant to the search (which revealed no gun).   Source: 168 N.J.L.J. 1295 5.  School can¹t require drug testing of chess club students.   Joye v. Hunterdon Central 353 NJ Super. 600 (App Div. 2002).    The United States Supreme Court held in Earls that the random testing of students involved in extracurricular activities does not violate a privacy interest recognized by the Federal Constitution, and, in the absence of any support in the history, language, or intent of the New Jersey Constitution, there is no basis for concluding that it warrants a different approach; because the parties¹ briefs developed only constitutional issues, the matter is remanded to permit plaintiffs to proceed on any ground not reached by the trial judge, who should also consider inviting the Attorney General to participate in deciding whether a local board of education has the authority to implement drug testing in the absence of legislation permitting it or statewide standards promulgated by the Legislature or the Department of Education.  Source: 169 N.J.L.J. 745 6.  4th Amendment does not require police to advise bus passenger of right to refuse search.  US v. Drayton ___ US __(US Supreme Court, No. 01-631, Decided June 17, 2002).                     The Fourth Amendment does not require police officers to advise bus passengers of their right not to cooperate and to refuse consent to searches.  Fourth Amendment permits officers to approach bus passengers at random to ask questions and request their consent to searches, provided a reasonable person would feel free to decline the requests or otherwise terminate the encounter, id. at 436.  The court identified as ³partially worth noting² the factors that the officer, although obviously armed, did not unholster his gun or use it in a threatening way, and that he advised respondent passenger that he could refuse consent to a search.  Relying on this last factor, the Eleventh Circuit erroneously adopted what is in effect a per se rule that evidence obtained during suspicionless drug interdictions on buses must be kept suppressed unless the officers have advised passengers of their right not to cooperate and to refuse consent to a search.    Source: 168 N.J.L.J. 1272 7. Exigent circumstances required private warrantless search of home.  Kirk v. Louisiana ___ US __ (US Supreme Court, No. 01-8419, Decided June 24, 2002).              Court of Appeals¹ conclusion that warrantless search of a home was constitutional, without deciding whether exigent circumstances were present, violates Us v. Payton doctrine that the ³firm line at the entrance to the house...may not reasonably be searched without a warrant.²   Source: 169 N.J.L.J. 236 8.   Eviction permitted in public housing if family member engages in drug activity.   Dept. of Housing v. Rucker ___ US __(US Supreme Court, No. 00-1770, Decided March 26, 2002).    Statute¹s plain language unambiguously requires lease terms that give local public housing authorities the discretion to terminate the lease of a tenant when a member of the household or a guest engages in drug-related activity, regardless of whether the tenant knew, or should have known, of the drug-related activity.      Source: 168 N.J.L.J. 58 9.  Expert testing found unreliable regarding police interrogation.  State v. Free 351 NJ Super. 205 (App Div. 2002).     The premises of defendant¹s expert,  a social psychologist,   about the effects in general of police interrogation techniques on the credibility of confessions have not gained general acceptance in other jurisdictions and, therefore,   the expert opinions offered in his report are inadmissible as not scientifically reliable,  and the trial court erred in admitting them; also,  the proposed evidence failed to satisfy N.J.R.E. 702¹s requirement that the nature of offered expert testimony must be such as ³will assist trier of fact to understand the evidence or to determine a fact in issue.² Source:  168 N.J.L.J. 69 10.   Civil- No reliable scientific foundation that low impact cannot cause herniated disk.  Suanez v. Egeland 353 NJ Super. 191 (App Div. A-3302-00T1, Decided July 11, 2002).    There is no reliable scientific foundation for a purported expert opinion testimony by a biomechanical engineer that a low-impact automobile accident cannot cause a herniated disk. 11. Evidence suppress where entry unjustified.  State v. Lashley 353 NJ Super. 405 (App Div. 2002).    The evidence must be suppressed and the convictions based on it reversed here, where cocaine and packaging paraphernalia were observed by the police upon their warrantless entry of defendant¹s dwelling, which was not only unlawful in the absence of both probable cause and exigent circumstances but was unannounced and accomplished with the aid of a steel ram, a method of entry unjustified in the record; the subsequent application for a search warrant referred to the earlier observations, and the warrant, pursuant to which additional evidence was seized, must be invalidated under the State Constitution, if not the Federal, because of the unlawful warrantless forced entry; Chaney is distinguished.  Source:  169 N.J.L.J. 557 New law-    DWI  S of L moved to 90 days.  P.L. 2002, c.57     Extends time to file complaint for drunk driving from 30 to 90 days.

Criminal restraint 2C:13-2

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The following is the law in New Jersey: Criminal restraint 2C:13-2. A person commits a crime of the third degree if he knowingly: a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or b. Holds another in a condition of involuntary servitude. The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude. In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child. L.1978, c. 95, s. 2C:13-2, eff. Sept. 1, 1979. 2C:13-3. False imprisonment A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child. L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 24, eff. Sept. 1, 1979. 2C:13-4 Interference with custody. 2C:13-4. Interference with custody. a. Custody of children. A person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he: (1)Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child's other parent of custody or parenting time with the minor child; or (2)After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State; (3)After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or (4)After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time order. Interference with custody is a crime of the second degree if the child is taken, detained, enticed or concealed: (i) outside the United States or (ii) for more than 24 hours Otherwise, interference with custody is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S. 2C:44-1 for a first offense of a crime of the third degree shall not apply. b. Custody of committed persons. A person is guilty of a crime of the fourth degree if he knowingly takes or entices any committed person away from lawful custody when he is not privileged to do so. "Committed person" means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law. c. It is an affirmative defense to a prosecution under subsection a. of this section, which must be proved by clear and convincing evidence, that: (1)The actor reasonably believed that the action was necessary to preserve the child from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a child under his protection, give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services; (2)The actor reasonably believed that the taking or detaining of the minor child was consented to by the other parent, or by an authorized State agency; or (3)The child, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition and without purpose to commit a criminal offense with or against the child. d. It is an affirmative defense to a prosecution under subsection a. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable: (1)Gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services. 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

Criminal Record Sealing

Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church worshipers. The police keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" will soon be open to anyone in New Jersey including credit agencies. Under a proposal by the New Jersey Attorney General, for a $15.00 fee, anybody could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen. Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged' erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings. Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information, including: a. Date of Birth and Social Security # b. Date of Arrest c. Statute Arrested For and Statute Convicted d. Original Indictment, Summons, or Complaint Number e. Petitioner's Date of Conviction or Date of Disposition f. Court's Disposition of the Matter and Punishment Adopted, if Any In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days. As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people: 1. Superintendent of State Police 2. Attorney General 3. County Prosecutor of the county where the court is located 4. The Chief of Police where the event took place 5. The chief law enforcement officer of any law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case. If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge (remove) records of said disposition including evidence of arrest, detention, conviction, and proceedings. There are additional pleadings which the applicant's attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean. Expungement statute was reviewed in recent cases 2C:52-1. Definition of expungement a. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records. L.1979, c. 178, s. 108, eff. Sept. 1, 1979. 2C:52-2. Indictable offenses 2C:52-2. Indictable Offenses. a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged. Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought. b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged. Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing) and conspiracies or attempts to commit such crimes. Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment. c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to: (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less. d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto. Amended 1989,c.300,s.23; 1993,c.301; 1994,c.133,s.6. 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged. L.1979, c. 178, s. 110, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 43, eff. Sept. 24, 1981. 2C:52-4. Ordinances In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged. L.1979, c. 178, s. 111, eff. Sept. 1, 1979. 2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows: (1) Pursuant to N.J.S. 2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult; (2) Pursuant to N.J.S. 2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or (3) Pursuant to N.J.S. 2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult. For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult. b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if: (1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision; (2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication; (3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S. 2C:52-2; (4) He has never had an adult conviction expunged; and (5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program. c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S. 2C:52-6. L.1980, c. 163, s. 1. Amended by L.1981, c. 290, s. 44, eff. Sept. 24, 1981. 2C:52-5. Expungement of records of young drug offenders Expungement of Records of Young Drug Offenders. Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5), or convicted of violating P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5) or of P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except: (1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less. L. 1979, c. 178, s. 111; amended by L. 1987, c. 106, s. 16. 2C:52-6. Arrests not resulting in conviction a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged. b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, s. 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal. c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged. L.1979, c. 178, s. 113, eff. Sept. 1, 1979. 2C:52-7. Petition for expungement Every petition for expungement filed pursuant to this chapter shall be verified and include: a. Petitioner's date of birth. b. Petitioner's date of arrest. c. The statute or statutes and offense or offenses for which petitioner was arrested and of which petitioner was convicted. d. The original indictment, summons or complaint number. e. Petitioner's date of conviction, or date of disposition of the matter if no conviction resulted. f. The court's disposition of the matter and the punishment imposed, if any. L.1979, c. 178, s. 114, eff. Sept. 1, 1979. 2C:52-8. Statements to accompany petition There shall be attached to a petition for expungement: a. A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement. b. In those instances where the petitioner is seeking the expungement of a criminal conviction, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court. "Sealing" refers to the relief previously granted pursuant to P.L.1973, c. 191 (C. 2A:85-15 et seq.). c. In those instances where a person has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program, a statement with affidavit or verification setting forth the nature of the original charge, the court of disposition and date of disposition. L.1979, c. 178, s. 115, eff. Sept. 1, 1979. 2C:52-9. Order fixing time for hearing Upon the filing of a petition for relief pursuant to this chapter, the court shall, by order, fix a time not less than 35 nor more than 60 days thereafter for hearing of the matter. L.1979, c. 178, s. 116, eff. Sept. 1, 1979. 2C:52-10. Service of petition and documents A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter. L.1979, c. 178, s. 117, eff. Sept. 1, 1979. 2C:52-11. Order expungement where no objection prior to hearing If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto. L.1979, c. 178, s. 118, eff. Sept. 1, 1979. 2C:52-12. Denial of relief although no objection entered In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14. L.1979, c. 178, s. 119, eff. Sept. 1, 1979. 2C:52-13. When hearing on petition for expungement shall not be held No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality. L.1979, c. 178, s. 120, eff. Sept. 1, 1979. 2C:52-14. Grounds for denial of relief A petition for expungement filed pursuant to this chapter shall be denied when: a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief. b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector. c. In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged. d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body. e. A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply: (1) When the person is seeking the expungement of a municipal ordinance violation or, (2) When the person is seeking the expungement of records pursuant to section 2C:52-6. f. The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program. L.1979, c. 178, s. 121, eff. Sept. 1, 1979. 2C:52-15. Records to be removed; control If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner's motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records. That designated person shall, except as otherwise provided in this chapter, insure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information. L.1979, c. 178, s. 122, eff. Sept. 1, 1979. 2C:52-16. Expunged record including names of persons other than petitioner Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency's general files with the petitioner's name and other personal identifiers obliterated and deleted. L.1979, c. 178, s. 123, eff. Sept. 1, 1979. 2C:52-17. Use of expunged records by agencies on pending petition for expungement Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of a pending petition for the expungement of a conviction. Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10. L.1979, c. 178, s. 124, eff. Sept. 1, 1979 2C:52-18. Supplying information to violent crimes compensation board Information contained in expunged records may be supplied to the Violent Crimes Compensation Board, in conjunction with any claim which has been filed with said board. L.1979, c. 178, s. 125, eff. Sept. 1, 1979. 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established. L.1979, c. 178, s. 126, eff. Sept. 1, 1979. 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs Expunged records may be used by any judge in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor or judge of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges. L.1979, c. 178, s. 127, eff. Sept. 1, 1979. 2C:52-21. Use of expunged records in conjunction with setting bail, presentence report or sentencing Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any judge, county prosecutor, probation department or the Attorney General when same are requested for use in conjunction with a bail hearing or for the preparation of a persistence report or for purpose of sentencing. L.1979, c. 178, s. 128, eff. Sept. 1, 1979. 2C:52-22. Use of expunged records by parole board Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed. L.1979, c. 178, s. 129, eff. Sept. 1, 1979. 2C:52-23. Use of expunged records by department of corrections Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of persons placed in its custody. L.1979, c. 178, s. 130, eff. Sept. 1, 1979. 2C:52-24. County prosecutor's obligation to ascertain propriety of petition Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court's attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner's affidavit, such facts shall be communicated by the prosecutor to the hearing judge. L.1979, c. 178, s. 131, eff. Sept. 1, 1979. 2C:52-25. Retroactive application This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act. L.1979, c. 178, s. 132, eff. Sept. 1, 1979. 2C:52-26. Vacating of orders of sealing; time; basis If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information. L.1979, c. 178, s. 133, eff. Sept. 1, 1979. 2C:52-27. Effect of expungement Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows: a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b. b. The fact of an expungement of prior charges which were dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and c. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law. L.1979, c. 178, s. 134, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 45, eff. Sept. 24, 1981. 2C:52-27.1 Petition to rescind order of debarment for health care claims fraud. 5. a. If an order of expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is granted by the court to a person convicted of health care claims fraud in which the court had ordered the offender's professional license be forfeited and the person be forever barred from the practice of the profession pursuant to paragraph (1) of subsection a. of section 4 of P.L.1997, c.353 (C.2C:51-5), the person may petition the court for an order to rescind the court's order of debarment if the person can demonstrate that the person is sufficiently rehabilitated. b.If an order to rescind the court's order of debarment is granted, the person granted the order may apply to be licensed to practice the profession from which the offender was barred. L.1997,c.353,s.5. 2C:52-28. Motor vehicle offenses Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39. L.1979, c. 178, s. 135, eff. Sept. 1, 1979. 2C:52-29. Fee Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of $30.00 to defer administrative costs in processing an application hereunder. L.1979, c. 178, s. 136, eff. Sept. 1, 1979. 2C:52-30. Disclosure of expungement order Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00. L.1979, c. 178, s. 137, eff. Sept. 1, 1979. 2C:52-31. Limitation Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.L.1970, c. 227 (C. 26:2G-17 et seq.), or the registry created by the Administrative Office of the Courts pursuant to section 2C:43-21. L.1979, c. 178, s. 138, eff. Sept. 1, 1979. 2C:52-32. Construction This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of expunging their police and criminal records. L.1979, c. 178, s. 139, eff. Sept. 1, 1979.

Criminal Mischief 2C:17-3

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Criminal Mischief 2C:17-3. a. Offense defined. A person is guilty of criminal mischief if he: (1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S. 2C:17-2; or (2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property. b. Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. (2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00. It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less. (3)Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility. (4)Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree. (5)Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree. (6)Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof. c. A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property. d. As used in this section: (1)"Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner. (2)"Spray paint" means any paint or pigmented substance that is in an aerosol or similar spray container. Amended 1979, c.178, s.30; 1981, c.290, s.17; 1991, c.336, s.1, 1995, c.20, s.2; 1995, c.251, s.1; 1998, c.54, s.1; 1999, c.95, s.1. 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

Criminal Matters

Compiled by Kenneth A. Vercammen, Past Chair NJ State Bar Municipal Court and DWI Section Our office represents people charged with criminal and disorderly persons offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted of a criminal offense, you face prison, high fines, Probation over 18 months and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal matters. Our website kennethvercammen.com provides information on criminal offenses we can be retained to represent people. According to the NJ Judiciary Website http://www.judiciary.state.nj.us/criminal/crproc.htm#indictment, the Criminal Division of Superior Court manages criminal complaints from the time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an "indictment" by a panel of citizens gathered to consider evidence, called a "grand jury". Arrests can occur at the scene of a crime or based on warrants or sworn statements ordering a court appearance. All arrests must be based on "probable cause", or reasonable grounds to believe that an offense has been committed, and the defendant may have committed the offense. Complaints state the reasons for the charge, and refer to offenses listed in the "New Jersey Code of Criminal Justice" (Title 2C) that includes all of the laws against criminal behavior. Criminal offenses are heard, or considered in Superior Court, and are more serious than non-criminal charges heard in municipal courts where the offense occurred. Defendants found guilty, or "convicted" of crimes face more serious consequences, with punishments spanning probation supervision and fines to the loss of liberty through confinement for a year or more. Crimes are classified by degree. Degrees range from first to fourth degree offenses. A First degree crime carries the potential penalty of 10-20 years in prison. A Second degree crime carries a potential penalty of 5-10 years. Defendants who are convicted of first and second degree crimes face a presumptive term of incarceration. It is assumed that they will be sentenced to serve time in prison. A Third degree crime may result in 3-5 years if convicted, while Fourth degree crimes carry a potential penalty of up to 18 months in jail. There is a presumption of non-custodial sentences on 3rd and 4th degree offenses. Complaints heard in municipal courts are "disorderly persons" offenses or "petty disorderly persons" violations, which carry less restrictive punishments upon conviction. Disorderly persons offenses may be sentenced to up to 6 months in a county jail. Petty disorderly convictions may render up to 30 days in jail. First Appearance Once a complaint is issued, defendants are either arrested or issued a summons or notice to appear in municipal or Superior Court on a first appearance. If they fail to appear, a warrant may be issued for the accused's arrest by a judge if there is proof of service, or evidence that the accused received the summons or notice and failed to appear. At the first court appearance, defendants are advised of their rights. Their bail is reviewed. Right To Counsel At their first appearance defendants are advised of their right to counsel. This means that they are entitled to have an attorney represent them and answer the charges. In making indigence determinations, Criminal Division staff consider defendants' ability to post bail, the amount of bail posted, the willingness of friends and family members to pay for an attorney, and any factor related to a defendant's claim of impoverishment. They review tax returns, credit and wage records and any other relevant information regarding the ability of defendants to hire their own attorneys. Pre-Indictment Events Following the filing of a complaint and the first court appearance, the prosecutor's office in each county determines whether to pursue a criminal complaint. Prosecutors determine if cases have merit and sufficient evidence to pursue a conviction. In most counties, the prosecutor's Case Screening Unit reviews police reports and interviews victims and witnesses to determine if the original charges will be prosecuted. If there is insufficient evidence, the charges are downgraded to disorderly persons offenses and "remanded" or sent to the municipal courts for a hearing or dismissed. In some counties, prosecutors pre-screen potential Superior Court filings before a complaint is signed. The Grand Jury If a criminal case has not been, downgraded, diverted or dismissed, the prosecutor will present the case to a grand jury for an indictment. The grand jury is composed of a group of citizens who have been selected from voter registration, drivers license and tax lists. The grand jury considers evidence presented by the county prosecutor and determines if there is sufficient evidence to formally charge defendants and require them to respond to the charge(s). An indictment is not a finding of guilt. Generally, neither the accused nor their attorneys are present. Witnesses normally testify regarding the crime. After considering evidence, if a majority of the 23 jurors vote to indict defendants, they must face further criminal proceedings. The return of an indictment is called a true bill. If a majority finds the evidence to be insufficient to indict, the grand jury enters a no bill and the charge(s) are dismissed. The jury may, however, decide to charge defendants with a less serious offense, to be downgraded or remanded to the municipal court. The accused must appear in municipal court to face a disorderly persons or petty disorderly persons charge. The Indictment Process The grand jury will consider evidence presented by the county prosecutor and determine if there is sufficient evidence to formally charge the defendant and oblige him to respond to the charge(s). The indictment is not a finding of guilt or a conviction. The finding is a true bill that triggers further proceedings in the Criminal Superior Court. If a majority finds the evidence to be insufficient to indict, the grand jury enters a no bill and the charge(s) are dismissed. The jury may, however, decide to charge the defendant with a less serious offense, to be heard in municipal court. In this instance, the offense has been downgraded or remanded. The accused must appear in municipal court to face a disorderly persons or petty disorderly persons charge. The Pre-Arraignment Conference and The Arraignment Within twenty-one days of the return of an indictment, a pre-arraignment conference is held. This pre-arraignment conference is scheduled by Criminal Division Staff. Defendants may wish to apply for public defender representation at this point if they are not yet represented. Prior to this conference, discovery or evidence is available to defense counsel. This exchange of evidence provides the defense with an opportunity to review the evidence the prosecution intends to use against the accused prior to the conference. After reviewing the discovery provided prior to the pre arraignment conference, defendants may decide to apply for Pretrial Intervention, or to enter plea bargain negotiations. Defendants may also indicate their intention to plead guilty to the charge for which they were indicted. Arraignment/Status Conference Standards A formal arraignment occurs no later than 50 days after an indictment. Upon notification by the Criminal Division, defendants must appear and face formal notification of their charges. They may plead guilty at this point, either to the charges listed in the indictment, or to revised charges resulting from plea negotiations. If plea negotiations are ongoing, the parties may review the status of the plea offer. Defendants may also opt to apply for the Pretrial Intervention program at this juncture, or be admitted into the program if they have not applied prior to arraignment. If a guilty plea is entered at the formal arraignment, Criminal Division judges order a presentence investigation to be conducted by Criminal Division case supervisors. Sentencing will follow the presentence investigation, generally 4 to 6 weeks after convictions. Status Conferences and the Pretrial Conference Defendants who have pleaded not guilty at this point may continue plea negotiations or preparation for trial. Pretrial case resolutions may occur at a status conference, where a defendant may decide to enter a guilty plea with or without a negotiated plea bargain. At Pretrial Conferences, defendants may enter a guilty plea to the charges. At the Pretrial Conference, there is a plea cutoff date, after which no further plea negotiations can occur. If no agreement to plead guilty is reached, the matter will proceed to trial. Criminal Division staff track conferences to ensure that cases are moving without undue delays. The Administrative Office of the Courts evaluates statistics entered by Criminal Division staff in each criminal court to stay abreast of overall case movements statewide. The Criminal Practice Division assists local court staff to address backlogs if they should occur. Conclusion It is well established that the prosecution of a defendant is a criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt. Defense counsel must subpoena its necessary witnesses and prepare for trial. Never attempt to represent yourself if you are facing serious charges. Criminal offenses carry substantial penalties which will effect you for the rest of your life. The space limits of this article do not allow detailed explanation of the extensive caselaw on criminal offenses. Other defenses are explained in greater details in other articles on kennethvercammen.com. COURT RULE 3:7. INDICTMENT AND ACCUSATION COURT RULE 3:7. INDICTMENT AND ACCUSATION 3:7-1. Entitling of Papers The indictment and all subsequent papers in connection therewith shall be entitled in the Superior Court. Note: Source-R.R. 3:4-1(b). 3:7-2. Use of Indictment or Accusation A crime punishable by death shall be prosecuted by indictment. Every other crime shall be prosecuted by indictment unless the defendant, after having been advised of the right to indictment, shall waive the right in a signed writing, in which case the defendant may be tried on accusation. Such accusation shall be prepared by the prosecuting attorney and entitled and proceeded upon in the Superior Court. Nothing herein contained, however, shall be construed as limiting the criminal jurisdiction of a municipal court over indictable offenses provided by law and these rules. Note: Source-R.R. 3:4-2(a)(b). Amended August 28, 1979 to be effective September 1, 1979; amended July 13, 1994 to be effective September 1, 1994. 3:7-3. Nature and Contents of Indictment or Accusation (a) Nature and Contents Generally. The indictment or accusation shall be a written statement of the essential facts constituting the crime charged, need not contain a formal commencement and shall be signed by the prosecuting attorney. The indictment shall be endorsed as a true bill by the foreperson and conclude: "against the peace of this State, the government and dignity of the same." Allegations made in one count of the indictment or accusation may be incorporated by reference in another count. It may be alleged in a single count either that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. An indictment or accusation or any count thereof charging the violation of a statute or statutes shall state the official or customary citation thereof, but error in the citation or its omission shall not be ground for dismissal of the indictment or accusation or for reversal of a conviction if the error or omission did not prejudicially mislead the defendant. Surplusage in the indictment or accusation may be stricken by the court on defendant's motion. (b) Indictment for Murder or Manslaughter. Every indictment for murder shall specify whether the act is murder as defined by N.J.S.A. 2C:11-3(a)(1), (2) or (3) and whether the defendant is alleged: (1) to have committed the act by his or her own conduct or (2) to have procured the commission of the offense by payment or promise of payment, of anything of pecuniary value or (3) to be the leader of a drug trafficking network, as defined in N.J.S.A.2C:35-3, and who, in furtherance of a conspiracy enumerated in N.J.S.A. 2C:35-3, commanded or by threat or promise solicited the commission of the offense. In every indictment for aggravated manslaughter or manslaughter, it is sufficient to charge that the defendant committed aggravated manslaughter or manslaughter contrary to N.J.S.A. 2C:11-4. Note: Source-R.R. 3:4-3(a)(b)(c), 3:4-4. Paragraphs (a) and (b) amended August 28, 1979 to be effective September 1, 1979; paragraph (b) amended September 28, 1982 to be effective immediately; paragraph (b) amended July 13, 1993 to be effective immediately; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994. 3:7-4. Amendment of Indictment or Accusation The court may amend the indictment or accusation to correct an error in form or the description of the crime intended to be charged or to charge a lesser included offense provided that the amendment does not charge another or different offense from that alleged and the defendant will not be prejudiced thereby in his or her defense on the merits. Such amendment may be made on such terms as to postponing the trial, to be had before the same or another jury, as the interest of justice requires. Note: Source-R.R. 3:4-5. Amended August 28, 1979 to be effective September 1, 1979; amended July 13, 1994 to be effective September 1, 1994. 3:7-5. Bill of Particulars A bill of particulars shall be ordered by the court if the indictment or accusation is not sufficiently specific to enable the defendant to prepare a defense. The defendant shall move therefore pursuant to Rule 3:10-2. The application shall point out clearly the particulars sought by the defense. The prosecutor shall furnish the bill of particulars within 10 days after the order of the court. Further particulars may be ordered when a demand therefor is promptly made. A bill of particulars may be amended at any time, subject to such conditions as the interest of justice requires. Any particulars that have been furnished to the defendant pursuant to R. 3:13-3 and 4 shall not be subject to an application pursuant to this rule. Note: Source-R.R. 3:4-6; amended June 29, 1990, to be effective September 4, 1990; amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995. 3:7-6. Joinder of Offenses Two or more offenses may be charged in the same indictment or accusation in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on 2 or more acts or transactions connected together or constituting parts of a common scheme or plan. Relief from prejudicial joinder shall be afforded as providedby R. 3:15-2. Note: Source-R.R. 3:4-7; amended August 28, 1979 to be effective September 1, 1979. 3:7-7. Joinder of Defendants Two or more defendants may be charged in the same indictment or accusation if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. The disposition of the indictment or accusation as to one or more of several defendants joined in the same indictment or accusation shall not affect the right of the State to proceed against the other defendants. Relief from prejudicial joinder shall be afforded as provided by R. 3:15-2. Note: Source-R.R. 3:4-8. 3:7-8. Issuance of Warrant or Summons Upon Indictment or Accusation Upon the return of an indictment or the filing of an accusation a summons or warrant shall be issued in accordance with R. 3:3-1 by the criminal division manager as designee of the deputy clerk of the Superior Court in the manner provided by law for each defendant named in the indictment or accusation who is not under bail. The criminal division manager as designee of the deputy clerk of the Superior Court, upon request, shall issue more than one warrant or summons for the same defendant. If the defendant fails to appear in response to a summons, a warrant shall issue. If a summons is issued upon indictment to a defendant who has not been previously held to answer a complaint, the defendant shall undergo all post-arrest identification procedures that are required by law upon arrest, on the return date of the summons, or upon written request of the appropriate law enforcement agency. Note: Source-R.R. 3:4-9. Amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective January 1, 1995. 3:7-9. Form of Warrant and Summons The warrant shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty, shall describe the offense charged in the indictment or accusation and shall command that the defendant be arrested and brought before the court. Conditions of pretrial release shall be fixed by the court and endorsed thereon, and in such case the sheriff or warden may take any bail. The summons shall be in the same form as the warrant except that it shall be directed to thedefendant and require the defendant to appear to plead before the court at a stated time and place. The summons shall also state that if the defendant fails to so appear, a warrant for defendant's arrest shall issue. Note: Source-R.R. 3:4-10(a)(b); amended July 13, 1994 to be effective January 1, 1995. 3:7-10. Execution of Service; Return (a) Execution of Warrant. The warrant shall be executed in accordance with R. 3:3-3. (b) Summons to an Individual. The summons shall be served upon an individual in accordance with R. 4:4-4. (c) Summons to a Corporation. Service of a summons upon a defendant corporation, municipal or otherwise, shall be made in accordance with R. 4:4-4. If the defendant corporation does not appear, the court shall order the clerk to enter an appearance for said corporation and endorse the plea of not guilty on the indictment or accusation, and further proceedings may then be had thereon in the same manner as if the corporation had appeared and so pleaded. A plea to an indictment or accusation by a defendant corporation shall be made by an attorney of this State. (d) Service Upon a Corporation by Publication. If the summons directed to a corporation is returned "not served" and it appears to the satisfaction of the court that the summons could not be served, the court shall by order direct the corporation to cause its appearance and plea to be entered by a day certain. A copy of such order shall within 5 days after the date thereof be published in a newspaper in this State once, at least 2 weeks preceding the day certain so specified. If the defendant corporation does not appear within the time specified by the order, the court, if satisfied that publication has been duly made, shall direct the clerk to enter an appearance and a plea of "not guilty" for the defendant corporation, and thereupon further proceedings may be had on the indictment or accusation as provided by these rules. (e) Return. The officer executing a warrant shall make prompt return thereof to the court, and at the request of the prosecuting attorney any unexecuted warrant shall be returned and cancelled. The officer serving a summons shall make return thereof on or before the return day. At the request of the prosecuting attorney made at any time while the indictment or accusation is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to the sheriff or other authorized officer for execution or service. Note: Source-R.R. 3:4-11, 3:4-12(a)(b), 3:4-13. Paragraph (d) amended July 7, 1971 to be effective September 13, 1971. Call Kenneth Vercammen and issue for a confidential consultation. About the Author Kenneth A. Vercammen is a trial attorney in Edison, Middlesex County, New Jersey. He often lectures for the New Jersey State Bar Association, New Jersey Institute for Continuing Legal Education and Middlesex County College on personal injury, criminal / municipal court law, and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges. In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, matrimonial hearings, and contested administrative law hearings. 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 Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030