Plea Bargaining Criminal, Municipal Court
and Traffic Cases to reduce penalties and charges
Kenneth Vercammen's Law office
represents people charged with criminal offenses and disorderly offenses. We
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people.
Under the New Jersey Court Rules, a New
Jersey Attorney can negotiate with the Prosecutor to attempt to reduce
penalties.
The following is the law in New Jersey
on Plea Bargains:
Rule:
7:6-2. Pleas, Plea Agreements (Municipal Court, Traffic)
(a)
Pleas Allowed, Guilty Plea.
(1)
Generally. A defendant may plead not guilty or guilty, but the court may, in
its discretion, refuse to accept a guilty plea. The court shall not, however,
accept a guilty plea without first addressing the defendant personally and
determining by inquiry of the defendant and, in the court's discretion, of
others, that the plea is made voluntarily with understanding of the nature of
the charge and the consequences of the plea and that there is a factual basis
for the plea. Upon the request of the defendant, the court may, at the time of
the acceptance of a guilty plea, order that the plea shall not be evidential in
any civil proceeding. If a defendant refuses to plead or stands mute or if the
court refuses to accept a guilty plea, the court shall enter a plea of not
guilty. If a guilty plea is entered, the court may hear the witnesses in
support of the complaint prior to judgment and sentence and after such hearing
may, in its discretion, refuse to accept the plea.
(2)
Corporate Defendants. A defendant that is a corporation, partnership or
unincorporated association may enter a plea by an authorized officer or agent
and may appear by an officer or agent provided the appearance is consented to
by the named party defendant and the court finds that the interest of justice
does not require the appearance of counsel. If a defendant that is a
corporation, partnership, or unincorporated association fails to appear or
answer, the court, if satisfied that service was duly made, shall enter an
appearance and a plea of not guilty for the defendant and thereupon proceed to
hear the complaint.
(b)
Withdrawal of Plea. A motion to withdraw a plea of guilty shall be made before
sentencing, but the court may permit it to be made thereafter to correct a
manifest injustice.
(c)
Conditional Pleas. With the approval of the court and the consent of the
prosecuting attorney, a defendant may enter a conditional plea of guilty,
reserving on the record the right to appeal from the adverse determination of
any specified pretrial motion. A defendant who prevails on appeal shall be
afforded the opportunity to withdraw the guilty plea. Nothing in this rule
shall be construed as limiting the right to appeal provided by R. 7:5-2(c)(2).
(d)
Plea Agreements. Plea agreements may be entered into only pursuant to the
Guidelines and accompanying Comment issued by the Supreme Court, both of which
are annexed as an Appendix to Part VII, provided, however, that:
(1)
the complaint is prosecuted by the municipal prosecutor, the county prosecutor,
or the Attorney General; and
(2)
the defendant is either represented by counsel or knowingly waives the right to
counsel on the record; and
(3)
the prosecuting attorney represents to the court that the complaining witness
and the victim, if the victim is present at the hearing, have been consulted
about the agreement; and
(4)
the plea agreement involves a matter within the jurisdiction of the municipal
court and does not result in the downgrade or disposition of indictable
offenses without the consent of the county prosecutor, which consent shall be
noted on the record; and
(5)
the sentence recommendations, if any, do not circumvent minimum sentences
required by law for the offense.
When
a plea agreement is reached, its terms and the factual basis that supports the
charge(s) shall be fully set forth on the record pursuant to section (a)(1) of
this rule. If the judge determines that the interest of justice would not be
served by accepting the agreement, the judge shall so state, and the defendant
shall be informed of the right to withdraw the plea if already entered.
APPENDIX TO PART VII
GUIDELINES FOR OPERATION OF PLEA AGREEMENTS
IN THE MUNICIPAL COURTS OF NEW JERSEY
GUIDELINE 1. PURPOSE
The purpose of these Guidelines is
to allow for flexibility in the definitions and exclusions relating to the plea
agreement process as that process evolves and certain offenses come to demand
lesser or greater scrutiny.
GUIDELINE 2. DEFINITIONS
For the purpose of these
Guidelines, a plea agreement occurs in a Municipal Court matter whenever the
prosecutor and the defense agree as to the offense or offenses to which a
defendant will plead guilty on condition that any or all of the following
occur:
(a) the prosecutor will recommend
to the court that another offense or offenses be dismissed,
(b) the prosecutor will recommend
to the court that it accept a plea to a lesser or other offense (whether
included or not) than that originally charged,
(c) the prosecutor will recommend a
sentence(s), not to exceed the maximum permitted, to the court or remain silent
at sentencing.
GUIDELINE 3. PROSECUTOR’S RESPONSIBILITIES
Nothing in these Guidelines should
be construed to affect in any way the prosecutor's discretion in any case to
move unilaterally for an amendment to the original charge or a dismissal of the
charges pending against a defendant if the prosecutor determines and personally
represents on the record the reasons in support of the motion. The prosecutor
shall also appear in person to set forth any proposed plea agreement on the record.
However, with the approval of the municipal court judge, in lieu of appearing
on the record, the prosecutor may submit to the court a Request to Approve Plea
Agreement, on a form approved by the Administrative Director of the Courts,
signed by the prosecutor and by the defendant. Nothing in this Guideline shall
be construed to limit the court's ability to order the prosecutor to appear at
any time during the proceedings.
GUIDELINE 4. LIMITATION.
No plea agreements whatsoever will
be allowed in drunken driving or certain drug offenses. Those offenses are:
A. Driving while under the
influence of liquor or drugs (N.J.S.A. 39:4-50) and
B. Possession of marijuana or
hashish (N.J.S.A. 2C:35-10a(4)), being under the influence of a controlled
dangerous substance or its analog (N.J.S.A. 2C:35-10b), and use, possession or
intent to use or possess drug paraphernalia, etc. (N.J.S.A. 2C:36-2).
No plea agreements will be allowed
in which a defendant charged for a violation of N.J.S.A. 39:4-50 with a blood
alcohol concentration of 0.10% or higher seeks to plead guilty and be sentenced
under section a(1)(i) of that statute (blood alcohol concentration of .08% or
higher, but less than 0.10%).
If a defendant is charged with a
second or subsequent offense of driving while under the influence of liquor or
drugs (N.J.S.A. 39:4-50) and refusal to provide a breath sample (N.J.S.A.
39:4-50.2) arising out of the same factual transaction, and the defendant
pleads guilty to the N.J.S.A. 39:4-50 offense, the judge, on recommendation of
the prosecutor, may dismiss the refusal charge. A refusal charge in connection
with a first offense N.J.S.A. 39:4-50 charge shall not be dismissed by a plea
agreement, although a plea to a concurrent sentence for such charges is
permissible.
Except in cases involving an
accident or those that occur when school properties are being utilized, if a
defendant is charged with driving while under the influence of liquor or drugs
(N.J.S.A. 39:4-50(a)) and a school zone or school crossing violation under N.J.S.A.
39:4-50(g), arising out of the same factual transaction, and the defendant
pleads guilty to the N.J.S.A. 39:4-50(a) offense, the judge, on the
recommendation of the prosecutor, may dismiss the N.J.S.A. 39:4-50(g) charge.
If a defendant is charged with more
than one violation under Chapter 35 or 36 of the Code of Criminal Justice
arising from the same factual transaction and pleads guilty to one charge or
seeks a conditional discharge under N.J.S.A. 2C:36A-1, all remaining Chapter 35
or 36 charges arising from the same factual transaction may be dismissed by the
judge on the recommendation of the prosecutor.
Nothing contained in these
limitations shall prohibit the judge from considering a plea agreement as to
the collateral charges arising out of the same factual transaction connected
with any of the above enumerated offenses in Sections A and B of this
Guideline.
The judge may, for certain other
offenses subject to minimum mandatory penalties, refuse to accept a plea
agreement unless the prosecuting attorney represents that the possibility of
conviction is so remote that the interests of justice requires the acceptance
of a plea to a lesser offense.
SUPREME
COURT COMMENT
Over the years, various unique
practices and procedures have evolved in connection with the disposition of
Municipal Court cases. Thus, it is the intent of these Guidelines to define
regulated plea agreements as including every common practice that has evolved
as a subterfuge for plea agreements. Therefore, for the purpose of these
Guidelines, a plea agreement shall include all of those traditional practices,
utilized by prosecutors and defense counsel, including "merger",
"dismissal", "downgrade" or "amendment."
Generally, "mergers" involve the dismissal of lesser-included or
related offenses when a defendant pleads to the most serious offense. "Dismissals"
involve motions to dismiss a pending charge or plea agreement when the
municipal prosecutor determines, for cause (usually for insufficient evidence),
that the charge should be dismissed. "Downgrades" or
"amendments" involve the taking of a plea to a lesser or included
offense to that originally charged.
Plea agreements are to be distinguished
from the discretion of a prosecutor to charge or unilaterally move to dismiss,
amend or otherwise dispose of a matter. It is recognized that it is not the municipal
prosecutor's function merely to seek convictions in all cases. The prosecutor
is not an ordinary advocate. Rather, the prosecutor has an obligation to
defendants, the State and the public to see that justice is done and truth is
revealed in each individual case. The goal should be to achieve individual
justice in individual cases.
In discharging the diverse
responsibilities of that office, a prosecutor must have some latitude to
exercise the prosecutorial discretion demanded of that position. It is well
established, for example, that a prosecutor should not prosecute when the
evidence does not support the State's charges. Further, the prosecutor should
have the ability to amend the charges to conform to the proofs.
___________________
Plea
Bargaining in Superior Court: (Indictable; Felony Type Cases)
RULE
3:9. PRETRIAL PROCEDURE
3:9-1.
Pre arraignment Conference; Plea Offer; Arraignment/Status Conference; Pretrial
Hearings; Pretrial Conference
(a)
Pre arraignment Conference. After an indictment has been returned, or an
indictment sealed pursuant to R. 3:6-8 has been unsealed, a copy of the
indictment, together with the discovery for each defendant named therein, shall
be either delivered to the criminal division manager's office, or be available
at the prosecutor's office, within 14 days of the return or unsealing of the
indictment. After the return or unsealing of the indictment the defendant shall
be notified in writing by the criminal division manager's office to appear for
a pre arraignment conference which shall occur within 21 days of indictment. At
the pre arraignment conference the defendant shall be: informed of the charges;
notified in writing of the date, place and time for the arraignment/status
conference; and, if the defendant so requests, be allowed to apply for pretrial
intervention. The criminal division manager's office shall not otherwise advise
the defendant regarding the case. The criminal division manager's office, shall
ascertain whether the defendant is represented by counsel and, if not, whether
the defendant can afford counsel. If indicated that the defendant cannot afford
counsel, the defendant shall be required to fill out the Uniform Defendant
Intake Report. If a defendant does not appear for a pre arraignment conference,
the criminal division manager shall notify the criminal presiding judge who may
issue a bench warrant. A
defendant's attorney seeking discovery shall obtain a copy of the indictment
and discovery from either the criminal division manager's office, or the
prosecutor's office, no later than 28 days after the return or unsealing of the
indictment. No pre arraignment conference shall be required where the defendant
has counsel and the criminal division manager's office has established to its
satisfaction: (1) that an appearance has been filed under Rule 3:8-1; (2) that
discovery, if requested, has been obtained; and (3) that defendant and counsel
have obtained a date, place and time for the arraignment/status conference.
(b)
Plea Offer. Prior to the arraignment/status conference the prosecutor and the
defense attorney shall discuss the case, including any plea offer, and any
outstanding or anticipated motions and discovery issues and report thereon at
the arraignment/status conference. Any plea offer to be made by the prosecutor
shall be in writing and forwarded to the defendant's attorney.
(c)
Arraignment/Status Conference; In Open Court. The arraignment/status conference
shall be conducted in open court no later than 50 days after indictment. The
judge shall advise the defendant of the substance of the charge and confirm
that the defendant has reviewed with counsel the indictment and the discovery.
The defendant shall enter a plea to the charges. If the plea is not guilty
counsel shall report on the results of plea negotiations, and such other
matters, discussed pursuant to R. 3:9-1(b), which shall promote a fair and
expeditious disposition of the case. At that time, the dates for hearing of
motions and a further status conference, if necessary shall be scheduled
according to the differentiated needs of each case. Each status conference
shall be held in open court with the defendant present.
(d)
Pretrial Hearings. Hearings to resolve issues relating to the admissibility of
statements by defendant, pretrial identifications of defendant, sound
recordings, and motions to suppress shall, unless otherwise ordered by the
court, be held prior to the pretrial conference and, upon a showing of good
cause, hearings as to admissibility of other evidence may also be held pretrial.
(e)
Pretrial Conference. If the court determines that discovery is complete; that
all motions have been decided or scheduled in accordance with paragraph (d);
and that all reasonable efforts to dispose of the case without trial have been
made and it appears that further negotiations or an additional status
conference will not result in disposition of the case, or progress toward
disposition of the case, the judge shall conduct a pretrial conference. The
conference shall be conducted in open court with the prosecutor, defense
counsel and the defendant present. Unless objected to by a party, the court
shall ask the prosecutor to describe, without prejudice, the case including the
salient facts and anticipated proofs and shall address the defendant to determine
that the defendant understands: (1) the State's final plea offer, if one
exists; (2) the sentencing exposure for the offenses charged, if convicted; (3)
that ordinarily a negotiated plea will not be accepted after the pretrial
conference and a trial date has been set; (4) the nature, meaning and
consequences of the fact that a negotiated plea will not be accepted after the
pretrial conference has been conducted and a trial date has been set; and (5)
that the defendant has a right to reject the plea offer and go to trial and
that if the defendant goes to trial the State must prove the case beyond a
reasonable doubt. If the case is not otherwise disposed of, a pretrial
memorandum shall be prepared in a form prescribed by the Administrative
Director of the Courts. The pretrial memorandum shall be reviewed on the record
with counsel and the defendant present and shall be signed by the judge who, in
consultation with counsel, shall fix the trial date. No admissions made by the
defendant or defendant's attorney at the conference shall be used against the
defendant unless the admissions are reduced to writing and signed by the
defendant and defendant's attorney. The court shall also inform the defendant
of the right to be present at trial, the trial date set, and the consequences
of a failure to appear for trial, including the possibility that the trial will
take place in defendant's absence.
3:9-2.
Pleas
A defendant may plead only guilty or
not guilty to an offense. The court, in its discretion, may refuse to accept a
plea of guilty and shall not accept such plea without first addressing the
defendant personally and determining by inquiry of the defendant and others, in
the court's discretion, that there is a factual basis for the plea and that the
plea is made voluntarily, not as a result of any threats or of any promises or
inducements not disclosed on the record, and with an understanding of the
nature of the charge and the consequences of the plea. When the defendant is
charged with a crime punishable by death, no factual basis shall be required
from the defendant before entry of a plea of guilty to a capital offense or to
a lesser included offense, provided the court is satisfied from the proofs
presented that there is a factual basis for the plea. For good cause shown the
court may, in accepting a plea of guilty, order that such plea not be
evidential in any civil proceeding. If a plea of guilty is refused, no
admission made by the defendant shall be admissible in evidence against the
defendant at trial. If a defendant refuses to plead or stands mute, or if the
court refuses to accept a plea of guilty, a plea of not guilty shall be
entered. Before accepting a plea of guilty, the court shall require the
defendant to complete, insofar as applicable, and sign the appropriate form
prescribed by the Administrative Director of the Courts, which shall then be
filed with the criminal division manager's office.
3:9-3.
Plea Discussions; Agreements; Withdrawals
(a)
Plea Discussions Generally. The prosecutor and defense attorney may engage in
discussions relating to pleas and sentences and shall engage in discussions
about such matters as will promote a fair and expeditious disposition of the
case, but except as hereinafter authorized the judge shall take no part in such
discussions.
(b)
Entry of Plea. When the prosecutor and defense counsel reach an agreement
concerning the offense or offenses to which a defendant will plead on condition
that other charges pending against the defendant will be dismissed or an agreement
concerning the sentence that the prosecutor will recommend, or when pursuant to
paragraph (c) the defendant pleads guilty based on indications by the court of
the maximum sentence to be imposed, such agreement and such indications shall
be placed on the record in open court at the time the plea is entered.
(c)
Disclosure to Court. On request of the prosecutor and defense counsel, the
court in the presence of both counsel may permit the disclosure to it of the
tentative agreement and the reasons therefor in advance of the time for tender
of the plea or, if no tentative agreement has been reached, the status of
negotiations toward a plea agreement. The court may then indicate to the
prosecutor and defense counsel whether it will concur in the tentative agreement
or, if no tentative agreement has been reached and with the consent of both
counsel, the maximum sentence it would impose in the event the defendant enters
a plea of guilty, assuming, however, in both cases that the information in the
presentence report at the time of sentence is as has been represented to the
court at the time of the disclosure and supports its determination that the
interests of justice would be served thereby. If the agreement is reached
without such disclosure or if the court agrees conditionally to accept the plea
agreement as set forth above, or if the plea is to be based on the court's
conditional indication about the sentence, all the terms of the plea, including
the court's concurrence or its indication concerning sentence, shall be placed
on the record in open court at the time the plea is entered. Nothing in this
Rule shall be construed to authorize the court to dismiss or downgrade any
charge without the consent of the prosecutor.
(d)
Agreements Involving the Right to Appeal. Whenever a plea agreement includes a
provision that defendant will not appeal, the court shall advise the defendant
that notwithstanding the inclusion of this provision, the defendant has the
right to take a timely appeal
if the plea agreement is accepted, but that if the defendant
does so, the plea agreement may be annulled at the option of the prosecutor, in
which event all charges shall be restored to the same status as immediately
before the entry of the plea. In the event the defendant files an appeal in a
case in which the plea agreement included a provision that the defendant will
not appeal, the State must exercise its right to annul the plea agreement no
later than seven days prior to the date scheduled for oral argument or
submission without argument.
(e)
Withdrawal of Plea. If at the time of sentencing the court determines that the
interests of justice would not be served by effectuating the agreement reached
by the prosecutor and defense counsel or by imposing sentence in accordance
with the court's previous indications of sentence, the court may vacate the
plea or the defendant shall be permitted to withdraw the plea.
(f)
Conditional Pleas. With the approval of the court and the consent of the
prosecuting attorney, a defendant may enter a conditional plea of guilty
reserving on the record the right to appeal from the adverse determination of
any specified pretrial motion. If the defendant prevails on appeal, the
defendant shall be afforded the opportunity to withdraw his or her plea. Nothing
in this rule shall be construed as limiting the right of appeal provided for in
R. 3:5-7(d).
(g)
Plea Cut Off. After the pretrial conference has been conducted and a trial date
set, the court shall not accept negotiated pleas absent the approval of the
Criminal Presiding Judge based on a material change of circumstance, or the
need to avoid a protracted trial or a manifest injustice.
Supreme
Court Commentary
A "material change of
circumstance" means a change occurring after the pretrial conference that
strengthens or weakens the case of either the prosecution or the defense
sufficiently to warrant a change in their plea-bargaining position. It may be
either a change in fact or in the knowledge of counsel. Some typical examples
that may constitute material change of circumstance are when new charges are
filed after the plea cut-off has been imposed, a justifiable change of attorney
has occurred, a witness becomes no longer available, a mistrial or hung jury
occurs, or some evidence is newly discovered. However, a change that would
ordinarily have been anticipated by a reasonably competent prosecutor or
defense attorney, including some of the foregoing examples, is not material,
nor is a change that results from counsel's lack of ordinary
diligence.
A "protracted trial" is one that will probably last two weeks or
more. One example of manifest injustice is a sexual assault case in which the
victim is a child: if the trial is likely to have a substantial adverse impact
on the child, the court may grant waiver. "Manifest injustice" does
not exist simply because the parties are able and willing to enter into a plea
bargain on or before the date of trial.
A plea cut-off rule was recommended by
twelve members of the Supreme Court Criminal Practice Committee in a dissent
filed with the 1992-94 Criminal Practice Committee Recommendations on Rules
Necessary to Implement the Criminal Division Operating Standards. See 137
N.J.L.J. 54, 76-77. That recommendation was adopted and further modified by the
Supreme Court as set forth above.
PLEA FORM in Criminal Indictable
matters
You
need to read, discuss with Your Attorney, then sign and initial each line
DEFENDANT’S
NAME
before
Judge __________
1.
List the charges to which you are pleading guilty:
Statutory
Maximum
Ind./Acc./Comp.
# Count Nature of Offense Degree Time Fine VCCB Assmt
Your
total exposure as the result of this plea is: TOTAL __________
APPROPRIATE
ANSWER
2 a.
Did you commit the offense(s) to which you are pleading guilty? ___
2.b.
Do you understand that before the judge can find you guilty, you will have to
tell the judge what you did that makes you guilty of the particular
offense(s)? ___
3.
Do you understand what the charges mean?
___
Do
you understand that by pleading guilty you are giving up certain rights? Among
them are:
a.
The right to a jury trial in which the State must prove you guilty beyond a
reasonable doubt?
b.
The right to remain silent?
4.
c. The right to confront the witnesses against you?
Do
you understand that if you plead guilty:
a.
You will have a criminal record?
b.
Unless the plea agreement provides otherwise, you could be sentenced to serve
the maximum time in confinement, to pay the maximum fine and to pay the maximum
Violent Crimes Compensation Board Assessment?
c.
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? (Penalty is $30 if offense occurred between January 9,
1986 and December 22, 1991 inclusive. $25 if offense occurred before January 1,
1986.)
5. d. If the offense occurred on or after
February 1, 1993 but was before March 13, 1995, and you are being sentenced to
probation or a State correctional facility, you must pay a transaction fee of
up to $1.00 for each occasion when a payment or installment payment is made? If
the offense occurred on or after March 13, 1995
and
the sentence is to probation, or the sentence otherwise requires payments of
financial obligations to the probation division, you must pay a transaction fee
of up to $2.00 for each occasion when a payment or installment payment is made?
*
VIOLENT CRIMES COMPENSATION BOARD ASSESSMENT
e.
If the offense occurred on or after August 2, 1993 you must pay a $75 Safe
Neighborhood Services Fund assessment for each conviction?
f.
If the offense occurred on or after January 5, 1994 and you agreeing sentenced
to probation, you must pay a fee of up to $25 per month for the term of
probation?
g.
If the crime occurred on or after January 9, 1997 you must pay a Law
Enforcement Officers Training and Equipment Fund penalty of $30?
5.
h. 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?
6.
Do you understand that the court could, in its discretion, impose a minimum
time in confinement to be served before you become eligible for parole, which
period could be as long as one half of the period of the custodial sentenced
imposed?
Did
you enter a plea of guilty to any charges that require a mandatory period of
parole ineligibility or a mandatory extended term?
7.
a. If you are pleading guilty to such a charge, the minimum mandatory period of
parole ineligibility is years and months (fill in the number of years/months)
and the maximum period of parole ineligibility can be years and months (fill in
the number of years/months) and this period cannot be reduced by good time,
work, or minimum custody credits.
8. Are
you pleading guilty to a crime that contains a presumption of imprisonment
which means that it is almost certain that you will go to state prison?
Are
you presently on probation or parole?
9.
a. Do you realize that a guilty plea may result in a violation of your
probation or parole?
[N/A]
Are
you presently serving a custodial sentence on another charge?
10.
a. Do you understand that a guilty plea may affect your parole eligibility?
[N/A]
11.
Do you understand that if you have plead guilty to, or have been found guilty
on other charges, or are presently serving a custodial term and the plea
agreement is silent on the issue, the court may require that all sentences be
made to run consecutively?
[N/A]
List
any charges the prosecutor has agreed to recommend for dismissal:
Ind./Acc./Compl.
# Count Nature of Offense and Degree
12.
13.
Specify any sentence the prosecutor has agreed to recommend:
Has
the prosecutor promised that he or she will NOT:
a.
Speak at sentencing?
b.
Seek an extended term of confinement?
14.
c. Seek a stipulation of parole ineligibility?
15.
Are you aware that 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?
16.
Do you understand that 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?
17.
Do you understand that if you are not a United States citizen or national, you
may be deported by virtue of your plea of guilty?
18.
Have you discussed with your attorney the legal doctrine of merger?
19.
Are you giving up your right at sentence to argue that there are charges you
pleaded guilty to for which you cannot be given a separate sentence?
20.
List any other promises or representations that have been made by you, the
prosecutor, your defense attorney, or anyone else as a part of this plea of
guilty:
21.
Have any promises other than those mentioned on this form, or any threats, been
made in order to cause you to plead guilty?
22.
a. Do you understand that the judge is not bound by any promises or
recommendations of the prosecutor and that the judge has the right to reject
the plea before sentencing you and the right to impose a more severe sentence?
b.
Do you understand that if the judge decides to impose a more severe sentence
than recommended by the prosecutor, that you may take back your plea?
c.
Do you understand that if you are permitted to take back your plea of guilty
because of the judge’s sentence, that anything you say in furtherance of the
guilty plea cannot be used against you at trial?
23.
Are you satisfied with the advice you have received from your lawyer?
24.
Do you have any questions concerning this plea?
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)
732-572-0030
website:
www.njlaws.com