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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
The indictment and all subsequent papers in connection therewith shall be
entitled in the Superior Court.
Note: Source-R.R. 3:4-1(b). 3:7-2. Use of Indictment or Accusation
A crime punishable by death shall be prosecuted by indictment. Every
other crime shall be prosecuted by indictment unless the defendant, after
having been advised of the right to indictment, shall waive the right
in a signed writing, in which case the defendant may be tried on accusation.
Such accusation shall be prepared by the prosecuting attorney and entitled
and proceeded upon in the Superior Court. Nothing herein contained, however,
shall be construed as limiting the criminal jurisdiction of a municipal
court over indictable offenses provided by law and these rules.
Note: Source-R.R. 3:4-2(a)(b). Amended August 28, 1979 to be effective
September 1, 1979; amended July 13, 1994 to be effective September 1,
1994. 3:7-3. Nature and Contents of Indictment or Accusation
(a) Nature and Contents Generally. The indictment or accusation shall
be a written statement of the essential facts constituting the crime charged,
need not contain a formal commencement and shall be signed by the prosecuting
attorney. The indictment shall be endorsed as a true bill by the foreperson
and conclude: "against the peace of this State, the government and
dignity of the same." Allegations made in one count of the indictment
or accusation may be incorporated by reference in another count. It may
be alleged in a single count either that the means by which the defendant
committed the offense are unknown or that the defendant committed it by
one or more specified means. An indictment or accusation or any count
thereof charging the violation of a statute or statutes shall state the
official or customary citation thereof, but error in the citation or its
omission shall not be ground for dismissal of the indictment or accusation
or for reversal of a conviction if the error or omission did not prejudicially
mislead the defendant. Surplusage in the indictment or accusation may
be stricken by the court on defendant's motion. (b) Indictment for Murder
or Manslaughter. Every indictment for murder shall specify whether the
act is murder as defined by N.J.S.A. 2C:11-3(a)(1), (2) or (3) and whether
the defendant is alleged: (1) to have committed the act by his or her
own conduct or (2) to have procured the commission of the offense by payment
or promise of payment, of anything of pecuniary value or (3) to be the
leader of a drug trafficking network, as defined in N.J.S.A.2C:35-3, and
who, in furtherance of a conspiracy enumerated in N.J.S.A. 2C:35-3, commanded
or by threat or promise solicited the commission of the offense. In every
indictment for aggravated manslaughter or manslaughter, it is sufficient
to charge that the defendant committed aggravated manslaughter or manslaughter
contrary to N.J.S.A. 2C:11-4.
Note: Source-R.R. 3:4-3(a)(b)(c), 3:4-4. Paragraphs (a) and (b) amended
August 28, 1979 to be effective September 1, 1979; paragraph (b) amended
September 28, 1982 to be effective immediately; paragraph (b) amended
July 13, 1993 to be effective immediately; paragraphs (a) and (b) amended
July 13, 1994 to be effective September 1, 1994. 3:7-4. Amendment of Indictment
or Accusation
The court may amend the indictment or accusation to correct an error
in form or the description of the crime intended to be charged or to charge
a lesser included offense provided that the amendment does not charge
another or different offense from that alleged and the defendant will
not be prejudiced thereby in his or her defense on the merits. Such amendment
may be made on such terms as to postponing the trial, to be had before
the same or another jury, as the interest of justice requires.
Note: Source-R.R. 3:4-5. Amended August 28, 1979 to be effective September
1, 1979; amended July 13, 1994 to be effective September 1, 1994. 3:7-5.
Bill of Particulars
A bill of particulars shall be ordered by the court if the indictment
or accusation is not sufficiently specific to enable the defendant to
prepare a defense. The defendant shall move therefore pursuant to Rule
3:10-2. The application shall point out clearly the particulars sought
by the defense. The prosecutor shall furnish the bill of particulars within
10 days after the order of the court. Further particulars may be ordered
when a demand therefor is promptly made. A bill of particulars may be
amended at any time, subject to such conditions as the interest of justice
requires. Any particulars that have been furnished to the defendant pursuant
to R. 3:13-3 and 4 shall not be subject to an application pursuant to
this rule.
Note: Source-R.R. 3:4-6; amended June 29, 1990, to be effective September
4, 1990; amended July 13, 1994 and December 9, 1994, to be effective January
1, 1995. 3:7-6. Joinder of Offenses
Two or more offenses may be charged in the same indictment or accusation
in a separate count for each offense if the offenses charged are of the
same or similar character or are based on the same act or transaction
or on 2 or more acts or transactions connected together or constituting
parts of a common scheme or plan. Relief from prejudicial joinder shall
be afforded as providedby R. 3:15-2.
Note: Source-R.R. 3:4-7; amended August 28, 1979 to be effective September
1, 1979. 3:7-7. Joinder of Defendants
Two or more defendants may be charged in the same indictment or accusation
if they are alleged to have participated in the same act or transaction
or in the same series of acts or transactions constituting an offense
or offenses. Such defendants may be charged in one or more counts together
or separately and all of the defendants need not be charged in each count.
The disposition of the indictment or accusation as to one or more of several
defendants joined in the same indictment or accusation shall not affect
the right of the State to proceed against the other defendants. Relief
from prejudicial joinder shall be afforded as provided by R. 3:15-2.
Note: Source-R.R. 3:4-8. 3:7-8. Issuance of Warrant or Summons Upon Indictment
or Accusation
Upon the return of an indictment or the filing of an accusation a summons
or warrant shall be issued in accordance with R. 3:3-1 by the criminal
division manager as designee of the deputy clerk of the Superior Court
in the manner provided by law for each defendant named in the indictment
or accusation who is not under bail. The criminal division manager as
designee of the deputy clerk of the Superior Court, upon request, shall
issue more than one warrant or summons for the same defendant. If the
defendant fails to appear in response to a summons, a warrant shall issue.
If a summons is issued upon indictment to a defendant who has not been
previously held to answer a complaint, the defendant shall undergo all
post-arrest identification procedures that are required by law upon arrest,
on the return date of the summons, or upon written request of the appropriate
law enforcement agency.
Note: Source-R.R. 3:4-9. Amended July 22, 1983 to be effective September
12, 1983; amended July 13, 1994 to be effective January 1, 1995. 3:7-9.
Form of Warrant and Summons
The warrant shall contain the name of the defendant or, if the defendant's
name is unknown, any name or description by which the defendant can be
identified with reasonable certainty, shall describe the offense charged
in the indictment or accusation and shall command that the defendant be
arrested and brought before the court. Conditions of pretrial release
shall be fixed by the court and endorsed thereon, and in such case the
sheriff or warden may take any bail. The summons shall be in the same
form as the warrant except that it shall be directed to thedefendant and
require the defendant to appear to plead before the court at a stated
time and place. The summons shall also state that if the defendant fails
to so appear, a warrant for defendant's arrest shall issue.
Note: Source-R.R. 3:4-10(a)(b); amended July 13, 1994 to be effective
January 1, 1995. 3:7-10. Execution of Service; Return
(a) Execution of Warrant. The warrant shall be executed in accordance
with R. 3:3-3. (b) Summons to an Individual. The summons shall be served
upon an individual in accordance with R. 4:4-4. (c) Summons to a Corporation.
Service of a summons upon a defendant corporation, municipal or otherwise,
shall be made in accordance with R. 4:4-4. If the defendant corporation
does not appear, the court shall order the clerk to enter an appearance
for said corporation and endorse the plea of not guilty on the indictment
or accusation, and further proceedings may then be had thereon in the
same manner as if the corporation had appeared and so pleaded. A plea
to an indictment or accusation by a defendant corporation shall be made
by an attorney of this State. (d) Service Upon a Corporation by Publication.
If the summons directed to a corporation is returned "not served"
and it appears to the satisfaction of the court that the summons could
not be served, the court shall by order direct the corporation to cause
its appearance and plea to be entered by a day certain. A copy of such
order shall within 5 days after the date thereof be published in a newspaper
in this State once, at least 2 weeks preceding the day certain so specified.
If the defendant corporation does not appear within the time specified
by the order, the court, if satisfied that publication has been duly made,
shall direct the clerk to enter an appearance and a plea of "not
guilty" for the defendant corporation, and thereupon further proceedings
may be had on the indictment or accusation as provided by these rules.
(e) Return. The officer executing a warrant shall make prompt return thereof
to the court, and at the request of the prosecuting attorney any unexecuted
warrant shall be returned and cancelled. The officer serving a summons
shall make return thereof on or before the return day. At the request
of the prosecuting attorney made at any time while the indictment or accusation
is pending, a warrant returned unexecuted and not cancelled or a summons
returned unserved or a duplicate thereof may be delivered by the clerk
to the sheriff or other authorized officer for execution or service.
Note: Source-R.R. 3:4-11, 3:4-12(a)(b), 3:4-13. Paragraph (d) amended
July 7, 1971 to be effective September 13, 1971.
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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