Thursday, January 23, 2020

Seminar: Remove & Expungement of Criminal Arrests and Convictions – New Law signed 12/18/19 Free Seminar

March 10 at 7pm-8pm
North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902
732-246-3545
       COST: Free if you pre-register. Complimentary materials provided.   Please bring a canned food donation, which will be given to an Edison Bank. Please email us if you plan on attending or if you would like us to email the materials.
 
SPEAKERS: Kenneth Vercammen, Esq. & Allan Marain, Esq.          (Ken V Author- Criminal Law Forms by the American Bar Association)        
(Allan Marain, Author, www.NJExpungements.com)
         The NJ statute on expungement was revised in a law signed 12/18/19.  If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allan Marain is past chair of Criminal Law Section of the New Jersey State Bar Association. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
 
Can’t attend?  We can email you materials
Send email to VercammenLaw@Njlaws.com
 
                          More info: For more serious charges The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.
 
      
         Typical Court costs and Legal fees for expungement range from $1,500-$2,500.
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate, Civil Litigation and Estate Administration matters. Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  As the Past Chair of  the Municipal Court Section he has served on its board for 10 years. 
Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.
Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.
         For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.
His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings.  Ken also serves as the Editor of the popular legal website and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.
         Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation that permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4th degree black belt.

Monday, January 20, 2020

Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar

Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar
July 29, 2020 from 5:00 PM-5:45 PM

Location:
Law Office of Kenneth Vercammen
2053 Woodbridge Avenue,
Edison, NJ 08817

New Expungement Law took effect 2020

Cost: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys-if space exists you can attend if you want to learn more about expungements.

SPEAKER: Kenneth Vercammen, Esq. & Allan Marain, Esq.
(Ken V Author- Criminal Law Forms by the American Bar Association)
The NJ statute on expungement was revised in a law signed 12/18/19. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge under NJ Law past criminal arrests and convictions can be expunged/erased easier under certain instances. This program will discuss the expungement process. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone's ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?

To attend email VercammenLaw@Njlaws.com
Can't attend? We can email you materials
Send email to VercammenLaw@Njlaws.com

More info: The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.

Typical Court costs and Legal fees for expungement range from $1,500- $2,500.

Friday, January 10, 2020

Winning Strategies in Municipal Court Seminar

Winning Strategies in Municipal Court Seminar

Monday, April, 2020
5:30pm-9:05pm
NJ Law Center, New Brunswick

Speakers: Kenneth A. Vercammen, Esq., Author ABA Criminal Law Forms

Norma Murgado, Elizabeth & Woodbridge Prosecutor,
Lorraine Nielsen, Prosecutor Milltown, East Brunswick, North Brunswick
Joshua Reinitz, Esq.
John Menzel, Esq.

Program agenda

5:30 Recent case law, Court Rules, Conditional Dismissal and Status of
Legalized Weed, - Kenneth A. Vercammen, Esq.
5:50 Initial client interview; getting retained; dealing with the prosecutor -
Kenneth A. Vercammen, Esq.
6:20 Driving While Suspended – Joshua H. Reinitz, Esq.
6:50 Drug Cases, DREs and what not to do to annoy the prosecutor – Lorraine Nielsen, Esq.
7:30 Immigration, Assault and miscellaneous proceedings – Norma Murgado, Esq.
7:45 DWI/Under the Influence of Drugs - John Menzel, Esq. with prosecutorial response
8:15 Alcotest/Ignition Locks/Alcotest Refusal – John Menzel, Esq. with prosecutorial response
8:45 DWI: Point-Counterpoint – John Menzel, Esq. and Norma Murgado, Esq.
9:00 Question & Answer

New Jersey's #1 guide to handling municipal court matters.

This information-packed program is designed for attorneys who do not concentrate in municipal court law, including general practitioners seeking to expand into this practice area, and not novice attorneys looking to create a niche practice. Seasoned municipal court lawyers will also be able to brush up and enhance their skills.

Hear a panel of NJ respected municipal court practitioners give insight into winning strategies for the cases you are handling. You'll quickly be able to represent clients in a wide range of cases you may have otherwise referred to others. Gain confidence in your ability to handle municipal court law matters - make an investment in your legal career and register today!

Sponsor NJICLE Institute for Continuing Legal Education, a Division of the NJSBA
(732) 214-8500 CustomerService@njsba.com

General Tuition: $170
NJSBA Member: $136
NJSBA Section Member: $128 Municipal Court Judges 1/2 price
Presented in cooperation with the NJSBA Municipal Court Practice Section Seminar ICMCP096219 NJ

Law Center 1 Constitution Sq. New Brunswick, NJ 08901

Includes 300 page book, which is available for purchase after program




Monday, December 23, 2019

Seminar: Remove & Expungement of Criminal Arrests and Convictions

Seminar: Remove & Expungement of Criminal Arrests and Convictions-
New Law signed 12/18/19 Free Seminar
February 11, 2020 at 6 pm

Cost: Free if you pre-register. Complimentary materials provided. Please bring a canned food donation, which will be given to the Community Food Bank. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKER: Kenneth Vercammen, Esq. & Allan Marain, Esq.
(Ken V Author- Criminal Law Forms by the American Bar Association)
The NJ statute on expungement was revised in a law signed. If someone has been arrested or even had a private criminal complaint signed 12/18/19 against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/erased easier under certain instances. This program will discuss the expungement process. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone's ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?

Clara Barton Branch of Edison Library
141 Hoover Avenue
Edison, NJ 08837
(732)-738-0096

Can't attend? We can email you materials
Send email to VercammenLaw@Njlaws.com

More info: For more serious charges The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.

Typical Court costs and Legal fees for expungement range from $1,500- $2,500.

Thursday, November 21, 2019

2C :29-2 . Resisting arrest penalty NJ


2C :29-2 .  Resisting arrest 
Resisting Arrest;    a. (1) Except as provided in paragraph (3), a  person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.  (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:

   (a)   Uses or threatens to use physical force or violence against the law enforcement officer or another; or

   (b)   Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

     It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
    Criminal Indictable and Disorderly Offense Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8     jail  6 month maximum 
probation 1-2 year max                                           
 community service  180 days maximum  
                               
Disorderly- fines:    $1,000 Fine  maximum under 2C: 43- 3
 plus mandatory costs, VCCO and other penalties                 
       There are many other penalties that the court must impose in criminal cases, including DNA testing.   
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

Eluding Police 2C:29-2b
    Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowinglyflees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degreeif the flight or attempt to elude creates a risk of death or injury to any person. 
2nd degree 5-10 years prison          $150,000 fine       [presumption of jail]
3rd degree           3- 5 years            $15,000 fine  1 year- 5 year probation
  There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html
       If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!  

For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the persons conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that persons drivers license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500

2C:29-2 Resisting Arrest, Eluding Officer

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C:29-2. Resisting Arrest; Eluding Officer. a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
(a)Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b)Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the persons conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that persons drivers license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey drivers licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. If the person is the holder of a drivers or vessel operators license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the persons non-resident driving or vessel operating privileges, whichever is appropriate, in this State.
For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.

2C :21-5 Bad checks penalty, money orders, electronic funds transfers.



2C :21-5 Bad checks, money orders, electronic funds transfers.

   c.   An offense under this section is:

   (1)   a crime of the second degree if the amount of the check, money order, or electronic funds transfer is $75,000.00 or more;

   (2)   a crime of the third degree if the amount of the check, money order, or electronic funds transfer is $1,000.00 or more but is less than $75,000.00;

   (3)   a crime of the fourth degree if the amount of the check, money order, or electronic funds transfer is $200.00 or more but is less than $1,000.00;

   (4)   a disorderly persons offense if the amount of the check, money order, or electronic funds transfer is less than $200.00.

         Indictable Crime Penalties    [Felony type]  [ Superior Court]
                  Jail potential        Fine max         Probation

2nd degree5-10 years  $150,000              [presumption of jail]
3rd degree  3- 5 years                                  $15,000     1 year- 5 year
4th degree  0- 18 months   $10,000            1 year- 5 year
    Disorderly person criminal offenses- cases in Municipal Court
Jail 2C: 43- 8          jail  6 month maximum 
                                probation 1-2 year max                                     
                                community service  180 days maximum  
                               
Disorderly- fines:   $1,000 Fine  maximum  under 2C: 43- 3
                                    plus mandatory costs, VCCO and other penalties                   
         There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.

2C :21-5  A person who issues or passes a check or similar sight order for the payment of money, or authorizes an electronic funds transfer, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section.  For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check, money order, or electronic funds transfer (other than a post-dated check, money order, or electronic funds transfer) would not be paid, if:

   a.   The issuer had no account with the drawee at the time the check or money order was issued or the electronic funds transfer was made; or

   b.   Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address.  Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com


Thursday, November 14, 2019

2C:29-1 Obstructing administration of law or other governmental function


  2C:29-1 Obstructing administration of law or other governmental function
     a.  A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b.An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
                         Jail 2C: 43- 8    jail  6 month maximum 
                                               probation 1-2 year                      
                                               community service  180 days maximum  
                                               mandatory costs, VCCB and other penalties
Disorderly- fines:     2C: 43- 3     $1,000 Fine  maximum        

       There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.   

Max 4th degree       0- 18 months   $10,000   1 year- 5 year

Tuesday, November 5, 2019

2C :28-7 penalty Fake ID called Tampering with public records or information

2C :28-7 penalty Fake ID called Tampering with public records or information
Disorderly person criminal offenses-  in Municipal Court
Jail 2C: 43- 8       jail  6 month maximum 
                         probation 1-2 year max                             
                         community service  180 days maximum  
                               
Disorderly- fines:    $1,000 Fine  maximum under 2C: 43- 3
                             plus mandatory costs, VCCO and other penalties                   
       There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.       
  a.  Offense defined.    A person commits an offense if he:

   (1)   Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;

   (2)   Makes, presents, offers for filing, or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in paragraph (1);  or

   (3)   Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.

   b.   Grading.    An offense under subsection a. is a disorderly persons offense unless the actor's purpose is to defraud or injure anyone, in which case the offense is a crime of the third degree.

   c.   A person commits a crime of the fourth degree if he purposely and unlawfully alters, destroys, conceals, removes or disables any camera or other monitoring device including any videotape, film or other medium used to record sound or images that is  installed in a patrol vehicle.
 Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal. 
New law finally establishes a Conditional Dismissal Program in Municipal Court.Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.
The Conditional Dismissal program in Municipal Court for certain first-time offenders permits defense counsel to make a Motion that the charge would be dismissed at the end of a one year probationary period.
“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around,”  “The program will help foster participants’ rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record.” This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.
The law allows future Dismissal for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar programs before.
“First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served 
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

2C:14-4 Lewdness penalty

2C:14-4 Lewdness penalty

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C:14-4. Lewdness

a.   A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted or alarmed.
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8      jail  6 month maximum 
                           probation 1-2 year max                                     
                           community service  180 days maximum  
                               
Disorderly- fines:    $1,000 Fine  maximum under 2C: 43- 3
                                plus mandatory costs, VCCO and other penalties                   
     There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.         
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.
c. As used in this section:
"lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.
Amended 1992, c. 8, s.1.
2C:14-5. Provisions generally applicable to Chapter 14 a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter.
b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim.
c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.
L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-6. Sentencing If a person is convicted of a second or subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of the United States, this state, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a.
L.1978, c. 95, s. 2C:14-6, eff. Sept. 1, 1979.
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
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500