| Kenneth Vercammen
& Associates Law Office represents people charged with criminal offenses.
We provide representation throughout New Jersey. Criminal charges can cost
you. If convicted, you can face prison, fines over $10,000, jail, probation
over 18 months, and other penalties. Don't give up! Our Law Office can provide
experienced attorney representation for criminal violations. Our website
www.njlaws.com provides information on criminal cases.
New Standardized Pretrial Intervention Program (PTI) Procedures
Directive #14-05 promulgates for statewide use a standard set of forms
for processing Pretrial Intervention Program (PTI) cases through the Criminal
and Probation Divisions of the Superior Court. Effective December 1, 2005,
the following language shall be used, replacing any corresponding forms
now in use in the court vicinages:
What is the Pretrial Intervention Program (PTI)? The Pretrial Intervention
Program (PTI) provides defendants, generally first-time offenders, with
opportunities for alternatives to the traditional criminal justice process
of ordinary prosecution. PTI seeks to render early rehabilitative services,
when such services can reasonably be expected to deter future criminal
behavior. The PTI program is based on a rehabilitative model that recognizes
that there may be an apparent causal connection between the offense charged
and the rehabilitative needs of a defendant. Further, the rehabilitative
model emphasizes that social, cultural, and economic conditions often
result in a defendant¹s decision to commit crime. Simply stated,
PTI strives to solve personal problems which tend to result from the conditions
that appear to cause crime, and ultimately, to deter future criminal behavior
by a defendant.
What Are the Benefits of the Pretrial Intervention Program (PTI)? If
PTI is successfully completed, there is no record of conviction and the
defendant avoids the stigma of a criminal record. Although no record of
a conviction exists, a defendant may want to file for an expungement to
remove any record of the original arrest.
Early intervention allows rehabilitative services to be provided soon
after the alleged offense, in an attempt to correct the behavior that
led to the offense. Some of the costs associated with the formal court
process are eliminated through acceptance into PTI. PTI provides early
resolution of a case, which serves the interests of the victim, the public
and the defendant. PTI reduces the burden on the court and allows resources
to be devoted to more serious criminals.
What are the Conditions for Participation in Pretrial Intervention? Supervision
under the PTI program may run from 12 months to three years and is provided
by the Probation Division. Certain standard conditions are imposed on
those accepted into PTI, such as, random urine monitoring, and assessments
of fees, penalties and fines. Additional conditions may also be imposed
to require the performance of community service, payment of restitution,
and submission to psychological and/or drug and alcohol evaluations with
compliance to recommended treatment programs. If a defendant successfully
completes all the conditions of PTI, then the original charges are dismissed
on the recommendation of the Criminal Division Manager with consent by
the prosecutor, and there is no record of conviction. If a defendant does
not successfully complete the conditions of PTI, then the defendant is
terminated from the PTI program and the case is returned to the ordinary
course of prosecution.
Who is Eligible for Pretrial Intervention (PTI)? Any defendant who is
charged with an indictable offense may apply. Admission guidelines stated
in the Court Rules set the following criteria: Age - PTI is designed for
adults. Jurisdiction - Only defendants charged with indictable offenses
in New Jersey may apply. Minor Violations - Charges that would likely
result in a suspended sentence without probation or a fine are generally
not eligible. Those charged with ordinance, health code and other similar
violations are not eligible. Prior Record of Convictions - PTI generally
excludes defendants who have been previously convicted. Parolees and Probationers
- Generally excluded without prosecutor¹s consent and considered
only after consultation with parole and probation departments. Defendants
Previously Diverted - Excludes defendants who have previously been granted
a diversionary program or conditional discharge.
How Does One Apply for Pretrial Intervention? Applications to PTI must
be made no later than 28 days after indictment. There is a $75 non-refundable
application fee. In certain instances, this fee may be waived. The application
process includes an interview with the defendant by a staff member of
the Criminal Division of the Superior Court. A written report is prepared
detailing the decision for admittance or rejection into the PTI program.
When a defendant is accepted into PTI on the recommendation of the Criminal
Division, with the consent of the prosecutor and the defendant, the judge
may postpone all further proceedings against the defendant for a period
not to exceed 36 months. The applicant may appeal a rejection to the Presiding
Judge of the Criminal Division within 10 days of the rejection.
1. You shall obey all federal, state, and municipal laws and ordinances.
You shall notify your probation officer within 24 hours if you are arrested
or issued a complaint summons in any jurisdiction. 2. You shall report
to your probation officer as directed. 3. You shall answer all inquiries
by your probation officer truthfully. 4. You shall permit your probation
officer to visit your residence or any other suitable place. 5. You shall
promptly report any change of address or residence to your probation officer.
6. You must obtain permission if you wish to move outside the state. 7.
You shall seek and maintain gainful employment, and promptly notify your
probation officer when you change your place of employment or find yourself
out of work. 8. You shall cooperate in any test, treatment and/or counseling
deemed necessary by your probation officer during the PTI period of postponement.
If the court finds that you have not complied with the conditions of
your PTI Supervision, the Court may modify the conditions of PTI Supervision,
or terminate you from the program. If you are terminated from PTI Supervision,
your charges will be reactivated and criminal court proceedings will resume.
Failure to comply with the payment requirements may result in further
Court action including termination, attachment of your wages, filing of
a civil judgment, or extension of your PTI Supervision for purposes of
collection.
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
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge
Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030
TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted
a substantial portion of his professional time to the preparation and
trial of litigated matters. He appears in Courts throughout New Jersey
several times each week on many personal injury matters, Criminal and
Municipal/ traffic Court trials, Probate hearings, and contested administrative
law hearings.
Mr. Vercammen served as the Prosecutor for the Township of Cranbury,
Middlesex County and was involved in trials on a weekly basis. He also
argued all pre-trial motions and post-trial applications on behalf of
the State of New Jersey.
He has also served as a Special Acting Prosecutor in Woodbridge, Perth
Amboy, Berkeley Heights, Carteret, East Brunswick, Jamesburg, South Brunswick,
South River and South Plainfield for conflict cases. Since 1989, he has
personally handled hundreds of criminal and motor vehicle matters as a
Prosecutor and now as defense counsel and has had substantial success.
Previously, Mr. Vercammen was Public Defender for the Township of Edison
and Borough of Metuchen and a Designated Counsel for the Middlesex County
Public Defender's Office. He represented indigent individuals facing consequences
of magnitude. He was in Court trying cases and making motions in difficult
criminal and DWI matters. Every case he personally handled and prepared.
His resume sets forth the numerous bar associations and activities which
demonstrate his commitment to the legal profession and providing quality
representation to clients.
Since 1985, his primary concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential Law Clerk
to the Court of Appeals of Maryland (Supreme Court) with the Delaware
County, PA District Attorney Office handling Probable Cause Hearings,
Middlesex County Probation Department as a Probation Officer, and an Executive
Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
|
