Saturday, April 4, 2020

2C:039-005 Unlawful Possession of Weapons

In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.


Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. 2C:39-5 Unlawful Possession of Weapons

a.Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the third degree.

b.Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree.

c.Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

(2)Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d.Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

e.Firearms or other weapons in educational institutions.

(1)Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

(2)Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.

(3)Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

f.Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the third degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

g. (1) The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section.

(2)The temporary possession of a firearm by a person receiving, possessing, carrying or using the firearm under the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2) shall not be considered unlawful possession under the provisions of this section.

Amended 1979, c.179, s.4; 1990, c.32, s.2; 1992, c.74, s.2; 1992, c.94, s.1; 1995, c.389; 1997, c.375, s.2. --

Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

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

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500



Source  https://njcourts.gov/attorneys/criminalcharges.html

More information on  cases at http://www.njlaws.com

2C:20-2B Theft Taking Credit Card

In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.

2C :20-2 .  Consolidation of theft and computer criminal activity offenses.


   2C :20-2 . a. Consolidation of Theft and Computer Criminal Activity Offenses.  Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction.  A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

   b.   Grading of theft offenses.

   (1)   Theft constitutes a crime of the second degree if:

   (a)   The amount involved is $75,000.00 or more;

   (b)   The property is taken by extortion;

   (c)   The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

   (d)   The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000.00 or more;

   (e)   The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or

   (f)   It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000.00 or more.

   (2)   Theft constitutes a crime of the third degree if:

   (a)   The amount involved exceeds $500.00 but is less than $75,000.00;

   (b)   The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;

   (c)   The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;

   (d)   It is from the person of the victim;

   (e)   It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000.00;

   (f)   It is by threat not amounting to extortion;

   (g)   It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;

   (h)   The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000.00;

   (i)   The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;

   (j)   The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;

   (k)   The property stolen consists of an access device or a defaced access device; or

   (l)   The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine.

   (3)   Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00.

   (4)   Theft constitutes a disorderly persons offense if:

   (a)   The amount involved was less than $200.00; or

   (b)   The property stolen is an electronic vehicle identification system transponder.

   The amount involved in a theft or computer criminal activity shall be determined by the trier of fact.  The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

   c.   Claim of right.  It is an affirmative defense to prosecution for theft that the actor:

   (1)   Was unaware that the property or service was that of another;

   (2)   Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

   (3)   Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

   d.   Theft from spouse.  It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.


https://njcourts.gov/attorneys/criminalcharges.html

More information on  cases at http://www.njlaws.com

2C:20-3 Theft: Unlawful Taking

In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.

A. Movable Property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over movable property of another with the purpose to deprive him thereof.

B. Immovable Property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.


2C:20-2. Consolidation of Theft Offenses; Grading; Provisions Applicable to Theft Generally.

a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

b. Grading of theft offenses.

(1)Theft constitutes a crime of the second degree if:

(a)The amount involved is $75,000.00 or more;

(b)The property is taken by extortion;

(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S. 2C:35-2 and the quantity is in excess of one kilogram;

(d)The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more; or

(e)The property stolen is human remains or any part thereof.

(2)Theft constitutes a crime of the third degree if:

(a)The amount involved exceeds $500.00 but is less than $75,000.00;

(b)The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;

(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;?

(d)It is from the person of the victim;

(e)It is in breach of an obligation by a person in his capacity as a fiduciary;

(f)It is by threat not amounting to extortion;

(g)It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;

(h)The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;

(i)The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;

(j)The property stolen is a New Jersey Prescription Blank as referred to in R.S. 45:14-14; or

(k)The property stolen consists of an access device or a defaced access device.

(3)Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00. If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.

(4)The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:

(1)Was unaware that the property or service was that of another;

(2)Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

(3)Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.


Source  https://njcourts.gov/attorneys/criminalcharges.html

More information on  cases at http://www.njlaws.com

2C:012-001c2 Assault by Auto

 In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.


2C:012-001c2 Assault by Auto
2C:12-1c2 Assault by auto

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.


Source  https://njcourts.gov/attorneys/criminalcharges.html

More information on  cases at http://www.njlaws.com

Wednesday, April 1, 2020

POSSESSION (N.J.S.A. 2C:2-1) Request to charge

 In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.


POSSESSION
(N.J.S.A. 2C:2-1)

To “possess” an item under the law, one must have a knowing, intentional control of that item accompanied by a knowledge of its character.  So, a person who possesses an item such as (                                IDENTIFY RELEVANT ITEM(S))must know or be aware that he/shepossesses it, and he/shemust know what it is that he/shepossesses or controls (that it is                                        ).[WHERE APPLICABLE, charge: Possession cannot merely be a passing control, fleeting or uncertain in its nature.] In other words, to “possess” an item, one must knowingly procure or receive an item or be aware of his/hercontrol thereof for a sufficient period of time to have been able to relinquish his/hercontrol if he/shechose to do so.
The State must prove beyond a reasonable doubt that a possessor acted knowingly in possessing the item.  A person acts knowingly with respect to the nature of his/herconduct or the attendant circumstances if he/sheis aware that his/herconduct is of that nature, or that such circumstances exist, or he/sheis aware of the high probability of their existence.  A person acts knowingly as to a result of his/herconduct if he/sheis aware that it is practically certain that the conduct will cause such a result.  Knowing, with knowledge, or equivalent terms have the same meaning.  
Knowledge is a condition of the mind.  It cannot be seen.  It can only be determined by inferences from conduct, words or acts.  Therefore, it is not necessary for the State to produce witnesses to testify that a particular defendant stated, for example, that he/sheacted with knowledge when he/shehad control over a particular thing.  It is within your power to find that proof of knowledge has been furnished beyond a reasonable doubt by inference which may arise from the nature of the acts and the surrounding circumstances.  
A person may possess                                    (an item) even though it was not physically onhis/herperson at the time of the arrest, ifhe/shehad in fact, at some time prior to his/herarrest, had control over it. 
Possession means a conscious, knowing possession, either actual or constructive.
[CHARGE THOSE FOLLOWING PARAGRAPHS AS APPLY TO YOUR CASE]

ACTUAL POSSESSION
A person is in actual possession of an item when he/shefirst, knows what it is: that is, he/shehas knowledge of its character, and second, knowingly has it on his/herperson at a given time.
CONSTRUCTIVE POSSESSION[1]
Possession may be constructive instead of actual.  As I just stated, a person who, with knowledge of its character, knowingly has direct physical control over an item at a given time is in actual possession of it.  
Constructive possession means possession in which the possessor does not physically have the item on his or her person but is aware that the item is present and is able to and has the intention to exercise control over it. So, someone who has knowledge of the character of an item and knowingly has both the power and the intention at a given time to exercise control over it, either directly or through another person or persons, is then in constructive possession of that item.
[MERE PRESENCE – Read if Appropriate[2]]
            Defendant’s mere presence at or near a place where [contraband] is/are discovered is not in itself, without more, proof beyond a reasonable doubt that defendant was in constructive possession of [that contraband].  It is, however, a circumstance to be considered with the other evidence in determining whether the State has proven possession of the [contraband] beyond a reasonable doubt. 
            Where defendant is one of the persons found in the area where [contraband] is/are discovered, you may not conclude, without more, that the State has proven beyond a reasonable doubt that he/shehad possession of the [contraband] unless there are other circumstance(s) tending to permit such an inference to be drawn.[3]  Such evidence can include, but is not limited to [choose as appropriate]placement and accessibility of the [contraband]; defendant’s access to and connection with the place where the [contraband] was/were found; his/herproximity to the place where the [contraband] was/were found; his/herdemeanor when confronted by police after the [contraband] was/were found; whether defendant made any inculpatory statements after the [contraband] was/were found; whether defendant possessed other [contraband] on his/herperson or property when the [contraband] was/were found; [any other evidence deemed part of the totality of circumstances].[4]
            In summary, the State must prove more than defendant’s mere presence at the time that the [contraband] was/were found.  There must be other circumstance(s) tying defendant to the [contraband] in order for the State to prove constructive possession beyond a reasonable doubt.[5]]
JOINT POSSESSION
Possession may be sole or joint.  If one person alone has actual or constructive possession of an item, possession is sole.  If two or more persons share actual or constructive knowing possession of an item, possession is joint.
More information on  cases at http://www.njlaws.com


[1]          In State v. Spivey, 179 N.J. 229 (2004), the New Jersey Supreme Court affirmed a conviction under N.J.S.A. 2C:39-4.1(a), Possession of a Firearm While Committing Certain Drug Offenses.  There, the Court noted that the statute suggests a temporal and spatial link between possession of the firearm and the drugs.  The Court held:“The evidence must permit the jury to infer that the firearm was accessible for use in the commission of the [drug] crime.”  In the appropriate case, therefore, the possession charge may be supplemented by this language.  
[2]            State v. Randolph, 228 N.J. 566, 590-593 (2017).
[3]          State v. Jackson, 326 N.J. Super. 276, 280 (App. Div. 1999); SeeState v. Brown, 80 N.J. 587, 593 (1979) and State v. Sapp, 71 N.J. 476 (1976), rev’g on dissent144 N.J. Super. 455, 460 (1975).  
[4]          State v. Randolphsupra, 228 N.J. at 590-593, citing State v. Palacio, 111 N.J. 543, 549-54 (1988) and State v. Shipp, 216 N.J. Super. 662, 664-66 (App. Div. 1987).  SeePalacio,Shipp, and State v. Montesano, 298 N.J. Super. 597, 615 (App. Div. 1997), certif. denied150 N.J. 27 (1997), for circumstances more specifically related to presence in or near an automobile in which drugs are found.
[5]          State v. Whyte, 265 N.J. Super. 518, 523 (App. Div. 1992), aff’d o.b.133 N.J. 481 (1993); Jackson, 326 N.J. Super. at 280.  

Sunday, March 22, 2020

2C :33-12 . Maintaining a nuisance

2C :33-12 .  Maintaining a nuisance
    A person is guilty of maintaining a nuisance when:

    a.  By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons;

    b.  He knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct;  or

    c.  He knowingly conducts or maintains any premises, place or resort as a house of prostitution or as a place where obscene material, as defined in N.J.S. 2C :34-2 and N.J.S. 2C :34-3, is sold, photographed, manufactured, exhibited or otherwise prepared or shown, in violation of N.J.S. 2C :34-2, N.J.S. 2C :34-3, and N.J.S. 2C :34-4.

    A person is guilty of a disorderly persons offense if the person is convicted under subsection a. or b. of this section.  A person is guilty of a crime of the fourth degree if the person is convicted under subsection c. of this section.

    Upon conviction under this section, in addition to the sentence authorized by this code, the court may proceed as set forth in section 2C :33-12.1.   Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail  6 month maximum
Probation 1-2 years
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.

Monday, March 16, 2020

Clemency NJ Section 10A:16-8.2

Clemency NJ
     Section 10A:16-8.2 - Petition for executive clemency(a) The petition for executive clemency may be initiated either by the inmate or the Administrator of the correctional facility.(b) The inmate who wishes to apply for executive clemency shall obtain and complete Form Petition of Executive Clemency. The form is available by contacting the State Parole Board. The completed form shall be forwarded to the Administrator for submission to the Office of the Commissioner or designee.(c) The Administrator or designee may complete Form Petition for Executive Clemency on behalf of an inmate.
N.J. Admin. Code § 10A:16-8.2


STATE OF NEW JERSEY 
PETITION FOR EXECUTIVE CLEMENCY 
INSTRUCTIONS: All questions must be answered in full and printed legibly in ink or typed. In the event that this form does not provide sufficient space for any answer, attach additional sheets and number your answer accordingly. If you are confined in a correctional facility, this form must be completed and forwarded to the Administrator of the correctional facility where you are confined. In all other cases the completed petition should be mailed to: 
New Jersey State Parole Board Attn: Clemency Unit
P.O. Box 862
Trenton, New Jersey 08625 
NOTE: It would be helpful if you support this petition with documentation (i.e.; copies of high school diploma, college transcripts, marriage license, proof of employment, proof of citizenship, if applicable etc.); however, it is not necessary that you provide these documents. 
Applicant Name: Address: Telephone #: 
If you are represented by an attorney or other party, please indicate to whom all communications relating to this petition should be addressed. 
Attorney Name: Address: Telephone #: 
  1. Type of Executive Clemency sought by applicant (check one below)¨Pardon ¨Remission of Fine 
¨Commutation of Sentence ¨Other 
  1. List any other names by which you have been known: 
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3. What is your reason for seeking clemency? 
  1. State briefly why you believe you should be granted clemency: 
  2. Date of Birth: SBI No.:
    Place of Birth: Driver's License No.: 
County of Birth: 
Social Security No.: 
  1. If you were not born in the United States, complete below. When did you first enter the United States? 
Port of entry:
Under what name did you enter?
Are you a naturalized citizen of the United States? 
¨Yes Date of Naturalization:¨No Give alien registration number: 
Are you presently under an order for deportation or are deportation proceedings pending? ¨Yes ¨No
Are you under an immigration detainer? 
¨Yes ¨No 
  1. For each member of your family give the following information: 
Name 
(if deceased, give age at death) 
Address 
Occupation 
Father 
Mother 
Brothers 
Sisters 
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  1. Were your parents ever separated or divorced? ¨Yes ¨No 
  2. Please indicate the highest level of education you attended and the dates. 
  3. Were you ever married? (include civil union) ¨Yes ¨No (If "yes", please provide) 
Did any marriage or civil union result in annulment, legal separation, or divorce? ¨Yes ¨No 
(If "yes", please provide) 
School 
Date Attended
Date Completed 
Name Used 
Maiden Name 
Date Married/ Civil Union 
Place of Marriage/ Civil Union 
Name of Court
Location of Court 
Date of Decree 
Type of Decree 
Conditions of Decree 
11. Do you have children? ¨Yes ¨No If yes, how many? _________
Give the following information about your children and any others who are 
dependent upon you for support: 
Name 
Address 
Date of Birth
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12. List each job you have held and give the following information regarding each position: 
Employer:
Date Employed: Salary: 
Employer:
Date Employed: Salary: 
Employer:
Date Employed: Salary: 
Position Held: Reason for Leaving: 
Position Held: Reason for Leaving: 
Position Held: Reason for Leaving: 
(Please use a separate sheet of paper for additional employers) 
  1. Religious affiliation: Name of Church: 
  2. Provide names and addresses of any social clubs, unions, fraternal groups, or other community organizations to which you belong; include dates of participation. 
15. Have you ever served in the United States Armed Forces? 
(If "yes", please provide) 
What branch did you serve?
Date and Place of entry:
Serial, service or identification number: Highest rank: 
¨Yes ¨No 
Discharge:¨Honorable ¨Dishonorable ¨General ¨Bad Conduct ¨Other (explain)
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Date of discharge: (Provide official discharge documents) Do you have a disability that is recognized by the Veteran's Administration? 
¨Yes ¨No
If you do, describe the degree of your disability and indicate amount of financial 
benefit received per month: 
16. Record of arrests: (List each time you were arrested and whether a conviction resulted. If you are uncertain of any details, your statement to that effect may be grounds for rejection of this petition for falsification. If possible, provide any arrest reports or court documents [i.e., Pre-Sentence Investigation Report and/or Judgment of Conviction]. If you are not in possession of these documents, our office will request them from the court.) 
Arrest Date: Location of Court: 
Sentence:
(Confinement, Probation, Fine, etc.) 
Circumstances of Crime: 
Arrest Date: Location of Court: 
Sentence:
(Confinement, Probation, Fine, etc.) 
Circumstances of Crime: 
Arrest Date: Location of Court: 
Sentence:
(Confinement, Probation, Fine, etc.) 
Circumstances of Crime: 
Date of Sentence: Crime(s): 
Date of Sentence: Crime(s): 
Date of Sentence: Crime(s): 
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Arrest Date: Date of Sentence: Location of Court: Crime(s): 
Sentence:
(Confinement, Probation, Fine, etc.) 
Circumstances of Crime: 
Arrest Date: Date of Sentence: Location of Court: Crime(s): 
Sentence:
(Confinement, Probation, Fine, etc.) 
Circumstances of Crime: 
(Please use separate sheets of paper for additional arrests/convictions) 
17. List each instance of incarceration in a correctional facility: 
Name of Facility 
Location of Facility 
Date Entered 
Date Released
18. Have you ever appealed the conviction or sentence for which you are seeking 
clemency?¨Yes ¨No (If "yes", please provide) 
Name of Court
Docket Number
Date of Disposition of Appeal 
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Are any appeals currently pending? ¨Yes ¨No (If "yes", please provide) 
What jurisdiction?
Have you ever filed a motion for post conviction relief? 
¨Yes ¨No 
(If "yes", please provide) 
Have you applied for an expungement? ¨Yes ¨No (If "yes", please provide) 
19. List each instance of parole or probation including (PTI) Pre-Trial Intervention Program (PTI) and Conditional Discharge (CD): 
Disposition 
Date of Disposition 
Disposition 
Date of Disposition 
Type of Supervision (Parole, Probation, PT, CD) 
Date Supervision Began 
District Office 
Date of Discharge 
List each instance of revocation of parole or probation: 
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  1. Have you ever had a court issue a restraining order against you for a domestic violence-related incident? ¨Yes ¨No 
(If "yes". please provide) 
Details of restraining order: 
  1. Do you have any open, pending court matters? ¨Yes ¨No (If "yes". please provide) 
  2. Have you ever been hospitalized for treatment of a psychological disorder? ¨Yes ¨No 
(If "yes". please provide) 
Court (Superior or Municipal) 
Offense 
Date of Arrest
Institution 
Date Entered 
Date Released
23. Please provide a detailed history of your alcohol and/or drug use. 
Substance(s) of choice: 
Frequency of use: 
Age started: 
Amount of money spent on use: 
Ever sold drugs? ¨Yes ¨No 
Ever charged with Driving Under the Influence? 
(If "yes". please provide) 
Disposition:
¨Yes ¨No 
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Have you ever received treatment for alcohol and/or drug addiction? ¨Yes ¨No 
(If "yes", please provide information for each treatment you experienced) Type of treatment: (Check all that apply) 
¨Inpatient¨Narcotics Anonymous (NA) 
Name of treatment facility: Location:
Number of days in treatment: Reason for discharge: 
¨Outpatient¨Alcohol Anonymous (AA) 
Date entered: Date discharged: 
(Please provide additional pages for each instance of treatment)
Did you successfully complete the program? ¨Yes ¨No (If "no", please indicate reason for failure to complete the program) 
Explanation:
Did the court ever order treatment? ¨Yes ¨No (If "yes", please provide for each order) 
Court 
Date 
24. Have you ever returned to active drug or alcohol use after attending Alcoholics Anonymous/Narcotics Anonymous or after having received professional treatment? 
¨Yes ¨No (If "yes", please provide) 
Details of relapse: 
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Have you ever participated in any alcohol or drug treatment programs during your present confinement? ¨Yes ¨No 
(If "yes", please provide) 
If possible, provide copy of certificate of completion to all programs. 
  1. List any other institutional programs you are currently participating in or completed during your present confinement: 
  2. Have you ever previously applied to the Governor of New Jersey for Executive Clemency? 
¨Yes ¨No (If "yes", please provide) 
  1. This petition is subject to a complete investigation. However, the petitioner has the right to request that the State refrain from contacting individuals such as employers or others. Do you desire any such limitation to be placed on the 
investigation? ¨Yes ¨No (If "yes", please provide) 
List of those not to be contacted: 
Name of Program 
Dates of Participation 
Date of Application 
Type of Clemency Sought 
Disposition 
Date of Disposition 
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If this petition is for a Pardon, attach testimonials (letters of support) addressed to the Governor from at least two (2) persons who have knowledge of your community adjustment during the past two (2) years and, if possible, who are aware of the crime(s) for which clemency is sought; or attach a statement explaining why you cannot furnish such testimonials. If this petition is for a Commutation of Sentence, testimonials are not required. 
Petitioner's Signature: 
Sworn and subscribed to before me this day of 20 
at
in the County of State of 
(Notary Public or other authorized to take oaths) 
Date:
NOTE: It is your responsibility to notify our office of any changes in your address or telephone number. 
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State of New Jersey NEW JERSEY STATE PAROLE BOARD P.O. BOX 862 TRENTON,NEWJERSEY 08625 TELEPHONE NUMBER: (609) 292-4257 
PHILIPD.MURPHY
Governor
SHEILA Y. OLIVER 
Lt. Governor 
To Whom It May Concern: 
I, 
(Applicant’s name) 
agency, insurance company, current or former employer(s), State and Federal income tax bureaus, educational institution, or any other named agency to furnish the New Jersey State Parole Board with any requested information and/or documents pertaining to myself, for the purpose of completing a confidential community investigation which is required for processing my application for Executive Clemency. 
____________________________________ ______________ Applicant Signature Date 
____________________________________ Applicant Identification No. (SS#; SBI #; etc.) 
c: Copy for File Copy to Provider 
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hereby authorize any law enforcement 
SAMUEL J. PLUMERI, JR. 
Chairman
rev. 6/11 

source https://www.nj.gov/parole/docs/executiveClemencyApplication.pdf