Sunday, April 17, 2022

Domestic Violence - Plea Form for Use in Domestic Violence Contempt Matters

Family Domestic Violence   Plea Form for Use in Domestic Violence Contempt Matters 

 

This promulgates for immediate statewide implementation the newly created Domestic Violence Contempt and Related Disorderly Persons and Petty Disorderly Persons Plea Form, CN 12692as approved by Judicial Council. This plea form is for use when the court accepts a plea in domestic violence contempt matters heard in the Superior CourtFamily Division

Questions regarding this memorandum should be directed to the Family Practice Division at 609-815-2900 ext. 55350. 

Attachment: CN 12692 FO Plea Form cc: Chief Justice Stuart Rabner 

 New Jersey Judiciary County Family Court Domestic Violence Contempt and Related Prosecutor 

Disorderly Persons & Petty Disorderly Persons File Number Plea Form 

Ind./Acc./Comp.# 

Count 

Nature of Offense 

Degree 

(If you are pleading to an indictable offense, please use the standard Criminal Plea Form - CN 10079) 

Defendant's Name: 

before Judge: 

List the charges to which you are pleading guilty: 

Statutory Maximum 

Max Time Fine 

Max Max Max Max Total 

The potential impact of this plea is:

Yes  No b. Doyouunderstandthatbeforethejudgecanfindyouguilty,youwillhavetotellthejudgewhatYes No 

Did you commit the offense(s) to which you are pleading guilty? 

you did that makes you guilty of the particular offense(s)? 

2.Do you understand what the charges mean? 

3.Do you understand that by pleading guilty you are giving up certain rights? Among these are:a. The right to a bench trial in which the State must prove you guilty beyond a reasonable doubt? b. The right to remain silent? c. The right to confront a witness against you? d. Do you understand that by pleading guilty you are NOT waiving your right to an appeal? (1) The denial of a motion to suppress physical evidence (R. 3-5-7(d)) or(2) The denial of acceptance into a pretrial intervention program (PTI) (R. 3:28-6(d)) e. Do you further understand that by pleading guilty you are waiving your right to appeal the denial of all other pretrial motions except the following? 

4.Do you understand if you plead guilty that: 

a.                   You will have a criminal record? 

b.                  Unless the plea agreement provides otherwise, you could be sentenced to serve the maximum time in jail or prison, to pay the maximum fine and to pay the maximum Victims of Compensation Office Assessment Fee? 

* Victims of Crime Compensation Office Assessment 

 Yes ONo 

 Yes No  Yes No  Yes No OYes No 

Yes DNo 

 Yes ONo  Yes ONo 

a. 

1. 

Form Promulgated by Directive #23-21 08/24/21, CN 12692 page 2 of4 

4. c. 

You must pay a minimum Victims of Crime Compensation Office Assessment Fee 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.) If you are pleading guilty to a domestic violence offense, you must pay a $100 Domestic Violence Surcharge. 

DYes DNo Yes DNo 

Yes DNo Yes DNo Yes 0No 

Yes DNo Yes DNo 

0Yes 0No DYes DNo 

Yes DNo Yes DNo 

Yes DNo 

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 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 for each occasion when a payment or installment payment is made? 

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 are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation? 

g.You will be required to provide a DNA sample and pay for the cost of testing, which could be used by law enforcement for the investigation of criminal activity? 

5.Do you understand that the court could, at its discretion, impose a minimum time in jail or prison to be served before you become eligible for release, and that this period could be as long as one half of the entire sentence imposed? 

6.Do you understand that if you plead guilty of a crime or offense involving domestic violence that a condition of the sentence can restrict your ability to have contact with the victim, the victim's friends, co-workers, or relatives, or an animal - owned, possessed, leased, kept, or held by either party or a minor child residing in the household? 

7.Do you understand that your guilty plea can result in the court entering an order directing the possession of an animal owned, possessed, leased, kept or held by either party or a minor child residing in the household? 

8.Do you understand that when you plead guilty to a crime or offense involving domestic violence, you will be prohibited from purchasing, owning, possessing, or controlling a firearm pursuant to section 6 of P.L.1979, c.179 (C.2C:39-7) and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3 under N.J.S.A. 2C; 25-27c(l)? 

9.Do you understand that a person convicted or a second or subsequent offense of domestic violence contempt must serve a mandatory minimum sentence of at least 30 days in the County Jail? N.J.S.A 2C:25-30 

10. Are you currently on probation or parole?a. Do you realize that a guilty plea can result in a violation of your probation or parole? 

11. Areyoucurrentlyservingajailorprisonsentenceonanothercharge? 

a. Do you understand that a guilty plea can affect your parole eligibility? 

12. Doyouunderstandthatifyouhavepleadguiltyto,orhavebeenfoundguiltyonothercharges,orare currently serving a jail or prison term and the plea agreement doesn't specify otherwise, the court can require that all sentences will run consecutively (one after the other)? 

"Yes" go to question 19. 

"No", you must answer questions 18b-f. 

If"Yes", 

"No", 

13. List any charges the prosecutor has agreed to recommend for dismissal: 

Ind./Acc./Compl.# Count Nature of Offense and Degree 

14. Specify any sentence the prosecutor has agreed to recommend: 

15. Has the prosecutor agreed NOT to speak at sentencing? 

16. Do you understand that you might have to pay restitution if the court finds there is a victim who has suffered a loss? 

17. Do you understand that if you are a public office holder or employee, you can be required to forfeit your office of job because of your guilty plea? 

DYes Yes 

Yes Yes 

Yes OYes 

OYes  Yes 

OYes 

OYes 

OYes 

Yes 

Yes 

DNo No 

DNo DNo 

DNo No 

No No 

No No 

No DNo 

DNo page 3 of4 

18. a. 

b. 

c. 

d. 

e. 19. a. 

b. 

Are you a citizen of the United States? 

If 

If 

Do you understand that if you are not a citizen of the United States, this guilty plea can result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States? 

Do you understand that you have the right to get advice from an attorney about the specific effect your guilty plea will have on your immigration status? 

Have you discussed the potential immigration consequences of your plea with an attorney? 

have you been advised of the possible immigration consequences and of your right to seek individualized legal advice regarding immigration consequences? 

If would you like the opportunity to discuss potential immixgration consequences with an attorney? 

Do you still want to plead guilty? 

Do you understand that pursuant to the rules of the Interstate Compact for Adult Offender Supervision if you are living outside the State of New Jersey at the time of sentencing, or upon entry ofa guilty plea (if a guilty plea is a condition of admission to the Pretrial Intervention Program), that return to your home can be delayed pending acceptance of the transfer of your supervision by your home state? 

Do you understand that pursuant to the same Interstate Compact, transfer of your supervision to another state can be denied or restricted by that state at any time after sentencing, or upon entry of a guilty plea (if a guilty plea is a condition of admission to the Pretrial Intervention Program), if that state determines you are required to register as a sex offender in that state or if New Jersey has required you to register as a sex offender? 

20. Have you discussed the legal doctrine of “merger" (when a defendant commits multiple crimes 

within one incident, they may end up being convicted of only one criminal conviction)with your 

attorney? 

Form Promulgated by Directive #23-21 08/24/21, CN 12692 

Form Promulgated by Directive #23-21 08/24/21, CN 12692 

 

Monday, April 4, 2022

Eluding Police 2C:29-2b

 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 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 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 driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

 

     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                                     

 

         Indictable Crime Penalties    [Felony type]  [ Superior Court]

                  Jail  potential        Fine max Probation

1st degree  10- 20 years        $200,000           [presumption of jail]

2nd degree  5-10 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

 

  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

 

         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 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 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 driver’s 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.

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 driver’s 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 operator’s 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 :29-2 . Resisting arrest

 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                                     

 

         Indictable Crime Penalties    [Felony type]  [ Superior Court]

                  Jail  potential        Fine max Probation

1st degree  10- 20 years        $200,000           [presumption of jail]

2nd degree  5-10 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

 

  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

 

         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 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 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 driver’s 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

 

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

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 driver’s 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 operator’s 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:29-2 Resisting Arrest, Eluding Officer