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Kenneth Vercammen's Law office represents individuals charged with criminal
and serious traffic violations throughout New Jersey.
2C:5-1. Criminal attempt a. Definition of attempt. A person is guilty
of an attempt to commit a crime if, acting with the kind of culpability
otherwise required for commission of the crime, he:
(1) Purposely engages in conduct which would constitute the crime if
the attendant circumstances were as a reasonable person would believe
them to be;
(2) When causing a particular result is an element of the crime, does
or omits to do anything with the purpose of causing such result without
further conduct on his part; or
(3) Purposely does or omits to do anything which, under the circumstances
as a reasonable person would believe them to be, is an act or omission
constituting a substantial step in a course of conduct planned to culminate
in his commission of the crime.
b. Conduct which may be held substantial step under subsection a. (3).
Conduct shall not be held to constitute a substantial step under subsection
a. (3) of this section unless it is strongly corroborative of the actor's
criminal purpose.
c. Conduct designed to aid another in commission of a crime. A person
who engages in conduct designed to aid another to commit a crime which
would establish his complicity under section 2C:2-6 if the crime were
committed by such other person, is guilty of an attempt to commit the
crime, although the crime is not committed or attempted by such other
person.
d. Renunciation of criminal purpose. When the actor's conduct would otherwise
constitute an attempt under subsection a. (2) or (3) of this section,
it is an affirmative defense which he must prove by a preponderance of
the evidence that he abandoned his effort to commit the crime or otherwise
prevented its commission, under circumstances manifesting a complete and
voluntary renunciation of his criminal purpose. The establishment of such
defense does not, however, affect the liability of an accomplice who did
not join in such abandonment or prevention.
Within the meaning of this chapter, renunciation of criminal purpose
is not voluntary if it is motivated, in whole or in part, by circumstances,
not present or apparent at the inception of the actor's course of conduct,
which increase the probability of detection or apprehension or which make
more difficult the accomplishment of the criminal purpose. Renunciation
is not complete if it is motivated by a decision to postpone the criminal
conduct until a more advantageous time or to transfer the criminal effort
to another but similar objective or victim. Renunciation is also not complete
if mere abandonment is insufficient to accomplish avoidance of the offense
in which case the defendant must have taken further and affirmative steps
that prevented the commission thereof.
L.1978, c. 95, s. 2C:5-1, eff. Sept. 1, 1979.
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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