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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C: 36A-1. Conditional discharge for certain first offenses; expunging
of records. a. Whenever any person who has not previously been convicted
of any offense under section 20 of P.L. 1970, c.226 (C.24:21-20), or a
disorderly persons or petty disorderly persons offense defined in chapter
35 or 36 of this title or, subsequent to the effective date of this title,
under any law of the United States, this State or any other state relating
to marijuana, or stimulant, depressant, or hallucinogenic drugs, is charged
with or convicted of any disorderly persons offense or petty disorderly
persons offense under chapter 35 or 36 of this title, the court upon notice
to the prosecutor and subject to subsection c. of this section, may on
motion of the defendant or the court:
(1) Suspend further proceedings and with the consent of the person after
reference to the State Bureau of Identification criminal history record
information files, place him under supervisory treatment upon such reasonable
terms and conditions as it may require; or
(2) After plea of guilty or finding of guilty, and without entering a
judgment of conviction, and with the consent of the person after proper
reference to the State Bureau of Identification criminal history record
information files, place him on supervisory treatment upon reasonable
terms and conditions as it may require, or as otherwise provided by law.
b. In no event shall the court require as a term or condition of supervisory
treatment under this section, referral to any residential treatment facility
for a period exceeding the maximum period of confinement prescribed by
law for the offense for which the individual has been charged or convicted,
nor shall any term of supervisory treatment imposed under this subsection
exceed a period of three years. If a person is placed under supervisory
treatment under this section after a plea of guilty or finding of guilt,
the court as a term and condition of supervisory treatment shall suspend
the person's driving privileges for a period to be fixed by the court
at not less than six months or more than two years. In the case of a person
who at the time of placement under supervisory treatment under this section
is less than 17 years of age, the period of suspension of driving privileges
authorized herein, including a suspension of the privilege of operating
a motorized bicycle, shall commence on the day the person is placed on
supervisory treatment and shall run for a period as fixed by the court
of not less than six months or more than two years after the day the person
reaches the age of 17 years.
If the driving privilege of a person is under revocation, suspension,
or postponement for a violation of this title or Title 39 of the Revised
Statutes at the time of the person's placement on supervisory treatment
under this section, the revocation, suspension or postponement period
imposed herein shall commence as of the date of the termination of the
existing revocation, suspension or postponement. The court which places
a person on supervisory treatment under this section shall collect and
forward the person's driver's license to the Division of Motor Vehicles
and file an appropriate report with the division in accordance with the
procedure set forth in N.J.S. 2C:35-16. The court shall also inform the
person of the penalties for operating a motor vehicle during the period
of license suspension or postponement as required in N.J.S. 2C:35-16.
Upon violation of a term or condition of supervisory treatment the court
may enter a judgment of conviction and proceed as otherwise provided,
or where there has been no plea of guilty or finding of guilty, resume
proceedings. Upon fulfillment of the terms and conditions of supervisory
treatment the court shall terminate the supervisory treatment and dismiss
the proceedings against him. Termination of supervisory treatment and
dismissal under this section shall be without court adjudication of guilt
and shall not be deemed a conviction for purposes of disqualifications
or disabilities, if any, imposed by law upon conviction of a crime or
disorderly persons offense but shall be reported by the clerk of the court
to the State Bureau of Identification criminal history record information
files. Termination of supervisory treatment and dismissal under this section
may occur only once with respect to any person. Imposition of supervisory
treatment under this section shall not be deemed a conviction for the
purposes of determining whether a second or subsequent offense has occurred
under section 29 of P.L. 1970, c.226 (C.24:21-29), chapter 35 or 36 of
this title or any law of this State.
c. Proceedings under this section shall not be available to any defendant
unless the court in its discretion concludes that:
(1) The defendant's continued presence in the community, or in a civil
treatment center or program, will not pose a danger to the community;
or
(2) That the terms and conditions of supervisory treatment will be adequate
to protect the public and will benefit the defendant by serving to correct
any dependence on or use of controlled substances which he may manifest;
and
(3) The person has not previously received supervisory treatment under
section 27 of P.L. 1970, c.226 (C.24:21-27), N.J.S. 2C:43-12, or the provisions
of this chapter.
d. A person seeking conditional discharge pursuant to this section shall
pay to the court a fee of $75.00. The court shall forward all money collected
under this subsection to the treasurer of the county in which the court
is located. This money shall be used to defray the cost of juror compensation
within that county. A person may apply for a waiver of this fee, by reason
of poverty, pursuant to the Rules Governing the Courts of the State of
New Jersey. Of the moneys collected under this subsection, $30.00 of each
fee shall be deposited in the temporary reserve fund created by section
25 of P.L. 1993, c.275. After December 31, 1994, the $75.00 fee shall
be paid to the court, for use by the State.
Amended 1988, c.44, s.12; 1993, c.275, s.14.
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 driver's 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
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