| Kenneth Vercammen's Law office represents individuals charged with criminal
and serious traffic violations throughout New Jersey.
2C:33-3. False Public Alarms. a. Except as provided in subsection b.
or c. of this section, a person is guilty of a crime of the third degree
if he initiates or circulates a report or warning of an impending fire,
explosion, bombing, crime, catastrophe or emergency knowing that the report
or warning is false or baseless and that it is likely to cause evacuation
of a building, place of assembly, or facility of public transport, or
to cause public inconvenience or alarm. A person is guilty of a crime
of the third degree if he knowingly causes such false alarm to be transmitted
to or within any organization, official or volunteer, for dealing with
emergencies involving danger to life or property.
B. A person is guilty of a crime of the second degree if in addition
to the report or warning initiated, circulated or transmitted under subsection
a. of this section, he places or causes to be placed any false or facsimile
bomb in a building, place of assembly, or facility of public transport
or in a place likely to cause public inconvenience or alarm. A violation
of this subsection is a crime of the first degree if it occurs during
a declared period of national, State or county emergency.
c. A person is guilty of a crime of the second degree if a violation
of subsection a. of this section in fact results in serious bodily injury
to another person or occurs during a declared period of national, State
or county emergency. A person is guilty of a crime of the first degree
if a violation of subsection a. of this section in fact results in death.
d. For the purposes of this section, "in fact" means that strict
liability is imposed. It shall not be a defense that the death or serious
bodily injury was not a foreseeable consequence of the person's acts or
that the death or serious bodily injury was caused by the actions of another
person or by circumstances beyond the control of the actor. The actor
shall be strictly liable upon proof that the crime occurred during a declared
period of national, State or county emergency. It shall not be a defense
that the actor did not know that there was a declared period of emergency
at the time the crime occurred.
e. A person is guilty of a crime of the fourth degree if the person knowingly
places a call to a 9-1-1 emergency telephone system without purpose of
reporting the need for 9-1-1 service.
Amended 1987, c.6; 1994, c.115; 1996, c.63, s.1; 1999, c.195, s.1; 2002,
c.26, s.16.
2C:33-3.1 Penalties for juvenile violating N.J.S. 2C:33-3.
2. a. In the case of a juvenile adjudicated delinquent for a violation
of N.J.S. 2C:33-3 the court shall suspend or postpone the juvenile's right
to operate a motor vehicle including a motorized bicycle for a period
of six months, in addition to any other disposition ordered by the court
under section 24 of P.L. 1982, c.77 (C. 2A: 4A-43). In the case of a person
who at the time of the disposition is less than 17 years of age, the period
of the suspension of driving privileges authorized herein, including a
suspension of the privilege of operating a motorized bicycle, shall commence
on the day the disposition is imposed and shall run for a period of six
months after the day the person reaches the age of 17 years.
b. In addition to any other sentence imposed by the court under this
code, the court shall suspend or postpone a person's right to operate
a motor vehicle including a motorized bicycle for any person who is convicted
under N.J.S. 2C:33-3 and is less than 21 years of age at the time of the
conviction. The period of the suspension of driving privileges authorized
herein, including a suspension of the privilege of operating a motorized
bicycle, shall commence on the day the sentence is imposed and shall run
for a period of six months.
c. If the driving privilege of any person is under revocation, suspension,
or postponement for a violation of any provision of this Title or Title
39 of the Revised Statutes at the time of any adjudication of delinquency
for a violation of N.J.S. 2C:33-3 or a conviction under N.J.S. 2C:33-3,
the revocation, suspension, or postponement period imposed herein shall
commence as of the date of termination of the existing revocation, suspension,
or postponement.
d. The court before whom any person is convicted or adjudicated delinquent
for a violation of N.J.S. 2C:33-3 shall collect forthwith the New Jersey
driver's license or licenses of the person and forward such license or
licenses to the Director of the Division of Motor Vehicles along with
a report indicating the first and last day of the suspension or postponement
period imposed by the court pursuant to this section. If the court is
for any reason unable to collect the license or licenses of the person,
the court shall cause a report of the conviction or adjudication of delinquency
to be filed with the director. That report shall include the complete
name, address, date of birth, eye color, and sex of the person and shall
indicate the first and last day of the suspension or postponement period
imposed by the court pursuant to this section. The court shall inform
the person orally and in writing that if the person is convicted of personally
operating a motor vehicle during the period of license suspension or postponement
imposed pursuant to this section the person shall, upon conviction, be
subject to the penalties set forth in R.S. 39:3-40. A person shall be
required to acknowledge receipt of the written notice in writing. Failure
to receive a written notice or failure to acknowledge in writing the receipt
of a written notice shall not be a defense to a subsequent charge of violation
of R.S. 39:3-40. If the person is the holder of a driver's license from
another jurisdiction, the court shall not collect the license but shall
notify the director who shall notify the appropriate officials in the
licensing jurisdiction. The court shall, however, in accordance with the
provisions of this section, revoke the person's non-resident driving privileges
in this State.
L.1999, c.195,s.2.
2C:33-3.2 Fines for violation of N.J.S. 2C:33-3.
3. Any person who violates the provisions of N.J.S. 2C:33-3 shall be
liable for a civil penalty of not less than $2,000 or actual costs incurred
by or resulting from the law enforcement and emergency services response
to the false alarm, whichever is higher. Any monies collected pursuant
to this section shall be made payable to the municipality or other entity
providing the law enforcement or emergency services response to the false
alarm. "Emergency services" includes, but is not limited to,
paid or volunteer fire fighters, paramedics, members of an ambulance team,
rescue squad or mobile intensive care unit.
L.1999, c.195,s.3; amended 2002, c.26, s.17.
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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