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