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Kenneth Vercammen's Law office represents individuals charged with criminal
and serious traffic violations throughout New Jersey. The following is
the law in New Jersey:
Criminal restraint 2C:13-2. A person commits a crime of the third degree
if he knowingly:
a. Restrains another unlawfully in circumstances exposing the other to
risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
The creation by the actor of circumstances resulting in a belief by another
that he must remain in a particular location shall for purposes of this
section be deemed to be a holding in a condition of involuntary servitude.
In any prosecution under subsection b., it is an affirmative defense
that the person held was a child less than 18 years old and the actor
was a relative or legal guardian of such child and his sole purpose was
to assume control of such child.
L.1978, c. 95, s. 2C:13-2, eff. Sept. 1, 1979.
2C:13-3. False imprisonment A person commits a disorderly persons offense
if he knowingly restrains another unlawfully so as to interfere substantially
with his liberty. In any prosecution under this section, it is an affirmative
defense that the person restrained was a child less than 18 years old
and that the actor was a relative or legal guardian of such child and
that his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c.
178, s. 24, eff. Sept. 1, 1979.
2C:13-4 Interference with custody.
2C:13-4. Interference with custody. a. Custody of children. A person,
including a parent, guardian or other lawful custodian, is guilty of interference
with custody if he:
(1)Takes or detains a minor child with the purpose of concealing the
minor child and thereby depriving the child's other parent of custody
or parenting time with the minor child; or
(2)After being served with process or having actual knowledge of an action
affecting marriage or custody but prior to the issuance of a temporary
or final order determining custody and parenting time rights to a minor
child, takes, detains, entices or conceals the child within or outside
the State for the purpose of depriving the child's other parent of custody
or parenting time, or to evade the jurisdiction of the courts of this
State;
(3)After being served with process or having actual knowledge of an action
affecting the protective services needs of a child pursuant to Title 9
of the Revised Statutes in an action affecting custody, but prior to the
issuance of a temporary or final order determining custody rights of a
minor child, takes, detains, entices or conceals the child within or outside
the State for the purpose of evading the jurisdiction of the courts of
this State; or
(4)After the issuance of a temporary or final order specifying custody,
joint custody rights or parenting time, takes, detains, entices or conceals
a minor child from the other parent in violation of the custody or parenting
time order.
Interference with custody is a crime of the second degree if the child
is taken, detained, enticed or concealed: (i) outside the United States
or (ii) for more than 24 hours Otherwise, interference with custody is
a crime of the third degree but the presumption of non-imprisonment set
forth in subsection e. of N.J.S. 2C:44-1 for a first offense of a crime
of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime of the
fourth degree if he knowingly takes or entices any committed person away
from lawful custody when he is not privileged to do so. "Committed
person" means, in addition to anyone committed under judicial warrant,
any orphan, neglected or delinquent child, mentally defective or insane
person, or other dependent or incompetent person entrusted to another's
custody by or through a recognized social agency or otherwise by authority
of law.
c. It is an affirmative defense to a prosecution under subsection a.
of this section, which must be proved by clear and convincing evidence,
that:
(1)The actor reasonably believed that the action was necessary to preserve
the child from imminent danger to his welfare. However, no defense shall
be available pursuant to this subsection if the actor does not, as soon
as reasonably practicable but in no event more than 24 hours after taking
a child under his protection, give notice of the child's location to the
police department of the municipality where the child resided, the office
of the county prosecutor in the county where the child resided, or the
Division of Youth and Family Services in the Department of Human Services;
(2)The actor reasonably believed that the taking or detaining of the
minor child was consented to by the other parent, or by an authorized
State agency; or
(3)The child, being at the time of the taking or concealment not less
than 14 years old, was taken away at his own volition and without purpose
to commit a criminal offense with or against the child.
d. It is an affirmative defense to a prosecution under subsection a.
of this section that a parent having the right of custody reasonably believed
he was fleeing from imminent physical danger from the other parent, provided
that the parent having custody, as soon as reasonably practicable:
(1)Gives notice of the child's location to the police department of the
municipality where the child resided, the office of the county prosecutor
in the county where the child resided, or the Division of Youth and Family
Services in the Department of Human Services.
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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