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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977

Rule 3:10-2. Time and Manner of Making Motion; Hearing on Mo

(a) Time and Manner of Making Motion. Unless otherwise required by law, preindictment motions shall be heard by the judge to whom the case is assigned. If the case has not been assigned to a judge pre-indictment motions shall be made to the Criminal Presiding Judge or designee, except as otherwise provided by law. Unless otherwise required by law, or ordered by the Criminal Presiding Judge, post-indictment motions shall be made to the judge to whom the indictment has been assigned. Unless otherwise instructed by the court, at the arraignment counsel shall advise the court of their intention to make motions. Absent good cause, all motions shall be filed with the court and be accompanied by a brief by the scheduled Initial Case Disposition Conference. If, however, the party opposing the motion bears the burden of proof, the time for submitting the brief is at the discretion of the court. The dates for briefing and for the hearing of such motions shall be set by the court either before or at the Initial Case Disposition Conference. Unless otherwise ordered by the court, motions and conferences shall be scheduled on the same day. The court may for good cause shown and in the interest of justice permit additional motions to be made thereafter. A motion shall include all defenses and objections then available to the defendant.

(b) Hearing on Motion. A motion made before trial shall be determined before the trial memorandum is prepared and the trial date fixed, unless the court, for good cause, orders it deferred for determination at or after trial.

(c) Defenses and Objections Which Must be Raised Before Trial. The defense of double jeopardy and all other defenses and objections based on defects in the institution of the prosecution or in the indictment or accusation, except as otherwise provided by R. 3:10-2(d) (defenses which may be raised only before or after trial) and R. 3:10-2(e) (lack of jurisdiction), must be raised by motion before trial. Failure to so present any such defense constitutes a waiver thereof, but the court for good cause shown may grant relief from the waiver.

(d) Defenses and Objections Which May Only be Raised Before or After Trial. The defense that the indictment or accusation fails to charge an offense and the defense that the charge is based on a statute or regulation promulgated pursuant to statute which is unconstitutional or invalid in whole or in part may only be raised by motion either before trial or within 10 days after a verdict of guilty or within such further time as the court may fix during such 10-day period, or on appeal. Such defenses shall not be considered during trial.

(e) Lack of Jurisdiction. The court shall notice the defense of lack of jurisdiction in the court at any time during the pendency of the proceeding except during trial.

(f) Motions Subject to R. 3:25-4(i)(3). In cases where an eligible defendant has been ordered to be detained pending trial, all briefing, arguments, and evidentiary hearings required to complete the record on a pretrial motion shall be completed promptly but in no event later than 60 days after the filing of the notice of motion, unless the court finds that good cause exists to extend the time within which to complete the record, and the court sets forth on the record, whether orally or in writing, those facts that support its finding of good cause.

Note: Source-R.R. 3:5-5(b)(2) (second and fourth sentences); caption amended, Rule amended and redesignated as paragraph (c), Rules 3:10-3 3:10-4, 3:10-5, and 3:10-6 amended, redesignated and incorporated into R. 3:10-2 as paragraphs (d), (e), (a), and (b) respectively July 13, 1994 to be effective January 1, 1995; paragraph (a) amended April 12, 2016 to be effective May 20, 2016; paragraph (a) amended August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted August 30, 2016 to be effective January 1, 2017.

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
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Ken Vercammens Resume Directions to Ken Vercammen and Associates

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