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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
Court Rule 3:4-1. Procedure After Arrest
(a) Arrest Without Warrant. (1) Preparation of Complaint. A law enforcement
officer shall take a person who was arrested without a warrant to a police
station where a complaint shall be prepared immediately. If it appears
that issuance of a warrant is authorized by Rule 3:3-1(c) or the prosecution
of the person would be jeopardized by immediate release, the complaint
may be prepared on a Complaint-Warrant (CDR2) form. Otherwise, the complaint
shall be prepared on a Complaint-Summons (CDR1) form. (2) Issuance of
Process. If a Complaint-Summons (CDR1) has been prepared, the law enforcement
officer may serve the summons and release the defendant. If a Complaint-Warrant
(CDR2) has been prepared, without unnecessary delay, and no later than
12 hours after arrest, the matter shall be presented to a judge, or, in
the absence of a judge, to a judicial officer who has the authority to
set bail for the offense charged. The judicial officer shall determine
whether to issue a warrant or summons as provided in Rule 3:3-1, and if
a warrant is issued, shall set bail immediately. (b) Arrest on Warrant.
If bail was not set when the arrest warrant was issued, the person who
is arrested on that warrant shall have bail set without unnecessary delay,
and no later than 12 hours after arrest. (c) Identification procedures.
If the defendant has been released on a summons, any post-arrest identification
procedures required by N.J.S.A 53:1-15 or otherwise required by law, shall
be completed on the return date of the summons.
Note: Source-R.R. 3:2-3(a), 8:3-3(a). Amended July 7, 1971 to be effective
September 13, 1971; caption amended, former rule redesignated as paragraph
(a) and paragraphs (b) and (c) adopted July 21, 1980 to be effective September
8, 1980; paragraph (b) amended July 16, 1981 to be effective September
14, 1981; paragraphs (a) and (b) amended, new paragraph (c) adopted and
former paragraph (c) redesignated paragraph (d) and paragraph (d)(7) deleted
November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (c)
amended April 10, 1987 to be effective immediately; paragraph (b) amended
January 5, 1988 to be effective February 1, 1988; captions added to paragraphs
(a)(b) and (c), new paragraph (c) adopted, paragraph (d) introductory
text deleted and paragraphs (d)(1)(2)(3)(4)(5) and (6) redesignated as
paragraphs (b)(1)(a)(b)(c)(d) and (f) and paragraph (1)(e) amended and
paragraphs (b)(2) and (3) adopted, July 13, 1994 to be effective January
1, 1995; paragraph (a) amended and redesignated as paragraph (b), paragraph
(b) amended and redesignated as paragraph (a), paragraph (c) deleted,
and new paragraph (c) adopted July 5, 2000 to be effective September 5,
2000. 3:4-2. First Appearance After Filing of Complaint
(a) Time of First Appearance. Without unnecessary delay, following the
filing of a complaint the defendant shall be brought before a judge for
a first appearance as provided in this Rule. If the defendant remains
in custody, the first appearance shall occur within 72 hours after arrest,
excluding holidays, and shall be before a judge with authority to set
bail for the offenses charged. (b) Procedure in Indictable Offenses. At
the defendant's first appearance before a judge, if the defendant is charged
with an indictable offense, the judge shall: (1) give the defendant a
copy of the complaint and inform the defendant of the charge; (2) inform
the defendant of the right to remain silent and that any statement may
be used against the defendant; (3) inform the defendant of the right to
retain counsel and, if indigent, the right to be represented by the public
defender; (4) ask the defendant specifically whether he or she wants counsel
and record the defendant's answer on the complaint; (5) if the defendant
asserts indigence, and does not affirmatively, and with understanding,
waive the right to counsel, assure that the defendant completes the appropriate
application form for public defender services and files it with the criminal
division manager's office; (6) inform the defendant that there is a pretrial
intervention program and where and how an application to it may be made;
(7) inform the defendant of his or her right to have a hearing as to probable
cause and of his or her right to indictment by the grand jury and trial
by jury, and if the offense charged may be tried by the court upon waiver
of indictment and trial by jury, the court shall so inform the defendant.
All such waivers shall be in writing, signed by the defendant, and shall
be filed and entered on the docket. If the complaint charges an indictable
offense which cannot be tried by the court on waiver, it shall not ask
for or accept a plea to the offense; and, (8) admit the defendant to bail
as provided in Rule 3:26. (c) Procedure in Non-Indictable Offenses. At
the defendant's first appearance before a judge, if the defendant is charged
with an non-indictable offense, the judge shall: (1) give the defendant
a copy of the complaint and inform the defendant of the charge; (2) inform
the defendant of the right to remain silent and that any statement may
be used against the defendant; (3) inform the defendant of the right to
retain counsel and, if indigent and entitled by law to the appointment
of counsel, the right to be represented by a public defender or assigned
counsel; and (4) assign counsel, if the defendant is indigent and entitled
by law to the appointment of counsel, and does not affirmatively, and
with understanding, waive the right to counsel. (d) Trial of Indictable
Offenses in Municipal Court. If a defendant who is charged withan indictable
offense that may be tried in Municipal Court is brought before a Municipal
Court, that court may try the matter provided that the defendant waives
the rights to indictment and trial by jury. The waivers shall be in writing,
signed by the defendant, and approved by the county prosecutor, and retained
by the Municipal Court.
Note: Source-R.R. 3:2-3(b), 8:4-2 (second sentence). Amended July 7,
1971 effective September 13, 1971; amended April 1, 1974 effective immediately;
text of former Rule 3:4-2 amended and redesignated paragraphs (a) and
(b) and text of former Rules 3:27-1 and -2 amended and incorporated into
Rule 3:4-2, July 13, 1994 to be effective January 1, 1995; paragraphs
(a) and (b) amended June 28, 1996 to be effective September 1, 1996; paragraph
(b) amended January 5, 1998 to be effective February 1, 1998; caption
amended, paragraphs (a) and (b) deleted, new paragraphs (a), (b), (c),
and (d) adopted July 5, 2000 to be effective September 5, 2000.
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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