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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
3:3-1. Issuance of an Arrest Warrant or Summons
(a) Issuance of a Warrant. An arrest warrant may be issued on a complaint
only if: (1) a judge, clerk, deputy clerk, municipal court administrator
or deputy municipal court administrator finds from the complaint or an
accompanying affidavit or deposition, that there is probable cause to
believe that an offense was committed and that the defendant committed
it and notes that finding on the warrant; and (2) a judge, clerk, deputy
clerk, municipal court administrator or deputy municipal court administrator
finds that subsection (c) of this rule allows a warrant rather than a
summons to be issued. (b) Issuance of a summons. A summons may be issued
on a complaint only if: (1) a judge, clerk, deputy clerk, municipal court
administrator or deputy municipal court administrator finds from the complaint
or an accompanying affidavit or deposition, that there is probable cause
to believe that an offense was committed and that the defendant committed
it and notes that finding on the summons; or (2) the law enforcement officer
who made the complaint, issues the summons. (c) Determination of Whether
to Issue a Summons or Warrant. A summons rather than an arrest warrant
shall be issued unless: (1) the defendant is charged with murder, kidnapping,
aggravated manslaughter, manslaughter, robbery, aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, criminal sexual contact,
second degree aggravated assault, aggravated arson, arson, burglary, violations
of Chapter 35 of Title 2C that constitute first or second degree crimes,
any crime involving the possession or use of a firearm, or conspiracies
or attempts to commit such crimes; (2) the defendant has been served with
a summons and has failed to appear; (3) there is reason to believe that
the defendant is dangerous to self, other persons, or property; (4) there
is an outstanding warrant for the defendant; (5) the defendant's identity
or address is not known and a warrant is necessary to subject the defendant
to the jurisdiction of the court; or (6) there is reason to believe that
the defendant will not appear in response to a summons. (d) Finding of
No Probable Cause. If a judicial officer finds that there is no probable
cause to believe that an offense was committed or that the defendant committed
it, the officer shall not issue a warrant or summons on the complaint.
If the finding is made by an officer other than a judge, the finding shall
be reviewed by a judge. If the judge finds no probable cause, the judge
shall dismiss the complaint. (e) Additional Warrants or Summonses. More
than one warrant or summons may issue on the same complaint. (f) Process
Against Corporations. A summons rather than an arrest warrant shall issue
if the defendant is a corporation. If a corporation fails to appear in
response to a summons, the court shall proceed as if the corporation appeared
and entered a plea of not guilty.
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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