|
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
Pleadings in criminal actions shall consist only of the complaint, the indictment
or accusation, and the plea. Any defense or objection capable of determination
without trial of the general issue may be raised before trial by motion
to dismiss or for other appropriate relief.
Note: Source-R.R. 3:5-5(a)(b)(1). 3:10-2. Time and Manner of Making Motion;
Hearing on Motion
(a) Time and Manner of Making Motion. Unless otherwise required by law,
pre-indictment motions shall be heard by the judge to whom the case is
assigned. If the case has not been assigned to a judge pre-indictment
motions shall be made to the Criminal Presiding Judge or designee, except
as otherwise provided by law. Unless otherwise required by law, or ordered
by the Criminal Presiding Judge, post-indictment motions shall be made
to the judge to whom the indictment has been assigned. At the arraignment/status
conference counsel shall advise the court of their intention to make motions.
The dates for filing, briefing and for the hearing of such motions shall
be set by the court at the arraignment/status conference. Unless otherwise
ordered by the court, motions and status conferences shall be scheduled
on the same day. The court may for good cause shown and in the interest
of justice permit additional motions to be made thereafter. A motion shall
include all defenses and objections then available to the defendant. (b)
Hearing on Motion. A motion made before trial shall be determined before
the trial memorandum is prepared and the trial date fixed, unless the
court, for good cause, orders it deferred for determination at or after
trial. (c) Defenses and Objections Which Must Be Raised Before Trial.
The defense of double jeopardy and all other defenses and objections based
on defects in the institution of the prosecution or in the indictment
or accusation, except as otherwise provided by R. 3:10-2(d) (defenses
which may be raised only before or after trial) and R. 3:10-2(e) (lack
of jurisdiction), must be raised by motion before trial. Failure to so
present any such defense constitutes a waiver thereof, but the court for
good cause shown may grant relief from the waiver. (d) Defenses and Objections
Which May Only Be Raised Before or After Trial. The defense that the indictment
or accusation fails to charge an offense and the defense that the charge
is based on a statute or regulation promulgated pursuant to statute which
is unconstitutional or invalid in whole or in part may only be raised
by motion either before trial or within 10 days after a verdict of guilty
or within such further time as the court may fix during such 10-day period,
or on appeal. Such defenses shall not be considered during trial. (e)
Lack of Jurisdiction. The court shall notice the defense of lack of jurisdiction
in the court at any time during the pendency of the proceeding except
during trial.
Note: Source-R.R. 3:5-5(b)(2)(3) and (4); caption amended, former Rules
3:10-2, -3, -4, -5 and -6 amended, redesignated and incorporated into
R. 3:10-2 as paragraphs (c), (d), (e), (a), and (b) July 13, 1994 to be
effective January 1, 1995. 3:10-3. [Reserved] Note: Source-R.R. 3:5-5(b)(2)
(first sentence); former R. 3:10-3 redesignated R. 3:10-2(d)July 13, 1994
to be effective January 1, 1995. 3:10-4. [Reserved] Note: Source-R.R.
3:5-5(b)(2) (fifth sentence); former R. 3:10-4 redesignated R. 3:10-2(e)
July 13, 1994 to be effective January 1, 1995. 3:10-5. [Reserved] Note:
Source-R.R. 3:5-5(b)(2) (third sentence), 3:5-5(b)(3); former R. 3:10-5
amended and redesignated R. 3:10-2(a) July 13, 1994 to be effective January
1, 1995. 3:10-6. [Reserved] Note: Source-R.R. 3:5-5(b)(4); former R. 3:10-6
amended and redesignated R. 3:10-2(b) July 13, 1994 to be effective January
1, 1995. 3:10-7. Effect of Determination of Motion
Except as provided in R. 3:9-3(f), if a motion is determined adversely
to the defendant, the defendant shall be permitted to plead if the defendant
has not previously pleaded but a plea previously entered shall stand.
If an objection or defense specified in R. 3:10-2 is sustained and is
not otherwise remediable the court shall order the indictment or accusation
dismissed. If the court grants a motion to dismiss an indictment or accusation,
it may also order that the defendant be held in custody or that bail be
continued for a specified time pending the filing of a new indictment
or accusation.
Note: Source-R.R. 3:5-5(b)(2) (sixth sentence), 3:5-5(b)(5). Amended
July 21, 1980 to be effective September 8, 1980; amended July 13, 1994
to be effective September 1, 1994; amended July 13, 1994 to be effective
January 1, 1995.
RULE 3:12. DEFENDANT'S OBLIGATION TO PROVIDE NOTICE 3:12-1. Notice Under
Specific Criminal Code Provisions
A defendant shall serve written notice on the prosecutor if the defendant
intends to rely on any of the following sections of the Code of Criminal
Justice: Ignorance or Mistake, 2C:2-4(c); Accomplice: Renunciation Terminating
Complicity, 2C:2-6(e)(3); Intoxication, 2C:2-8(d); Duress, 2C:2-9(a);
Entrapment, 2C:2-12(b); General Principles of Justification, 2C:3-1 to
2C:3-11; Insanity, 2C:4-1; Lack of Requisite State of Mind, 2C:4-2; Criminal
Attempt (renunciation of criminal purpose), 2C:5-1(d); Conspiracy (renunciation
of criminal purpose), 2C:5-2(e); Murder (affirmative defense, felony murder),
2C:11-3(a)(3); Criminal Restraint, 2C:13-2(b); Theft by Extortion, 2C:20-5;
Perjury (retraction), 2C:28-1(d); False Swearing (retraction), 2C:28-2(b);
Controlled Dangerous Substances Near or On School Property, 2C:35-7; and
Distributing, Dispensing or Possessing Controlled Substances Within 500
Feet of Public Housing Facilities, Parks or Buildings, 2C:35-7.1. No later
than seven days before the arraignment/status conference the defendant
shall serve on the prosecutor a notice of intention to claim any of the
defenses listed herein; and if the defendant requests or has received
discovery pursuant to R. 3:13-3(c), the defendant shall, pursuant to R.
3:13-3(d), furnish the prosecutor with discovery pertaining to such defenses
at the time the notice is served. The prosecutor shall, within 14 days
after receipt of such discovery, comply with R. 3:13-3(c) and (g) with
respect to any defense for which the prosecutor has received notice. For
good cause shown the court may extend the time of service of any of the
foregoing, or make such other orders as the interest of justice requires.
If a party fails to comply with this Rule, the court may take such action
as the interest of justice requires. The action taken may include refusing
to allow the party in default to present witnesses in support or in opposition
of that defense at the trial or to allow the granting of an adjournment
or delay during trial as the interest of justice demands. Note: Source-R.R.
3:5-9A. Former Rule 3:12 amended August 28, 1979 to be effective September
1, 1979; main caption amended and former Rules 3:12 and 3:12A amended,
combined and redesignated as Rule 3:12-1, July 13, 1994, second paragraph
amended December 9, 1994, to be effective January 1, 1995; amended July
12, 2002 to be effective September 3, 2002. 3:12-2. Notice of Alibi; Failure
to Furnish
(a) Alibi. If a defendant intends to rely in any way on an alibi, within
10 days after a written demand by the prosecutor the defendant shall furnish
a signed alibi, stating the specific place or places at which the defendant
claims to have been at the time of the alleged offense and the names and
addresses of the witnesses upon whom the defendant intends to rely to
establish such alibi. Within 10 days after receipt of such alibi, the
prosecutor shall, on written demand, furnish the defendant or defendant's
attorney with the names and addresses of the witnesses upon whom the State
intends to rely to establish defendant's presence at the scene of the
alleged offense. The trial court may order such amendment or amplification
as the interest of justice requires. (b) Failure to Furnish. If the information
required in paragraph (a) is not furnished, the court may refuse to allow
the party in default to present witnesses at trial as to defendant's absence
from or presence at the scene of the alleged offense, or make such other
order or grantsuch adjournment, or delay during trial, as the interest
of justice requires. Note: Former Rules 3:11-1 and -2 amended and redesignated
R. 3:12-2 July 13, 1994 to be effective January 1, 1995.
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
|
