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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Criminal
charges can cost you. If convicted, you can face high fines, jail, Probation
over 18 months and other penalties. Don't give up! Our Law Office can
provide experienced attorney representation for criminal violations.
The following is current criminal law on Obstructing plus amendments
as of April. 2004: 2C:29-1. Obstructing Administration of Law or Other
Governmental Function. a. A person commits an offense if he purposely
obstructs, impairs or perverts the administration of law or other governmental
function or prevents or attempts to prevent a public servant from lawfully
performing an official function by means of flight, intimidation, force,
violence, or physical interference or obstacle, or by means of any independently
unlawful act. This section does not apply to failure to perform a legal
duty other than an official duty, or any other means of avoiding compliance
with law without affirmative interference with governmental functions.
b. An offense under this section is a crime of the fourth degree if the
actor obstructs the detection or investigation of a crime or the prosecution
of a person for a crime, otherwise it is a disorderly persons offense.
The offense is a crime of the third degree if the conduct which the actor
knows has been charged or is liable to be charged against him would constitute
a crime of the second degree or greater. The offense is a crime of the
fourth degree if such conduct would constitute a crime of the third degree.
Otherwise it is a disorderly persons offense.
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment
with a criminal trial attorney. Don't rely on a real estate attorney,
public defender or a family member who took a law class in school. When
your life and job is on the line, hire the best attorney available.
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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