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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


Reduction of Sentence in Criminal Cases

Our office represents people charged with criminal and disorderly persons offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face jail, high fines, Probation over 18 months and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for hashish and other criminal matters. Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

If someone has been convicted of a criminal offense and sent to jail, a formal motion for reduction of sentence can be filed. Pursuant to Rule 2C:43-2(b), the court may suspend the imposition of sentence on a person who has been convicted of an offense. The law office charges a consult fee of $200

 

The New Jersey Practice Series Book further indicates that there is no prohibition against suspending the imposition of sentence even when the defendant was convicted of murder. The New Jersey Practice Criminal Law, Section 702 by Miller cites to State v. Maguire, 176 N.J. Super. 164, 168 reversed on other grounds 84 N.J. 508 (1980).

The motions often include the following language:

The jail term poses a substantial hardship to my wife and my children. (1) I am making this motion pursuant to Rule 3:21-10A to reduce or change the jail term.

I recognize that the court has discretion to reduce or eliminate the continued jail sentence. N.J.S.A. 2C:43-2(b)(7) also permits imprisonment at night or on weekends with liberty to work or participate in training or educational programs.

I would request imprisonment at night or weekends or some other provision to prevent me to return to my job.

The following in a modification of an Order successfully used in a prior Motion:

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION-MIDDLESEX COUNTY

INDICTMENT NO.

Criminal Action

ORDER TO CHANGE SENTENCE PURSUANT TO RULE 3:21-10 FOR REDUCTION OR CHANGE OF SENTENCE

This matter having been opened to the Court upon motion of attorney for D1 for an Order changing the sentence of D1 pursuant to Rule 3:21-10, and the Court having considered the Certification submitted, documents attached in support of the Motion, and the argument of counsel, if any, and for good cause shown, it is on this ______ day of ______________,

ORDERED that the sentence of D1 is modified to ______________________________________________________ pursuant to Rule 3:21-10, and it is further

ORDERED that a copy of this order be served upon all Counsel within ten (10) days.

________________________________,J.S.C.

The following explains in details the requirements for Reduction or Change of Sentence under Court Rule 3:21-10:

(a) Time. Except as provided in paragraph (b) hereof, a motion to reduce or change a sentence shall be filed not later than 60 days after the date of the judgment of conviction. The court may reduce or change a sentence, either on motion or on its own initiative, by order entered within 75 days from the date of the judgment of conviction and not thereafter.

(b) Exceptions. A motion may be filed and an order may be entered at any time (1) changing a custodial sentence to permit entry of the defendant into a custodial or non-custodial treatment or rehabilitation program for drug or alcohol abuse, or

(2) amending a custodial sentence to permit the release of a defendant because of illness or infirmity of the defendant, or

(3) changing a sentence for good cause shown upon the joint application of the defendant and prosecuting attorney, or

(4) changing a sentence as authorized by the Code of Criminal Justice, or (5) changing a custodial sentence to permit entry into the Intensive Supervision Program, or

(6) changing or reducing a sentence when a prior conviction has been reversed on appeal or vacated by collateral attack.

(c) Procedure. A motion filed pursuant to paragraph (b) hereof shall be accompanied by supporting affidavits and such other documents and papers as set forth the basis for the relief sought. A hearing need not be conducted on a motion filed under paragraph (b) hereof unless the court, after review of the material submitted with the motion papers, concludes that a hearing is required in the interest of justice. All changes of sentence shall be made in open court upon notice to the defendant and the prosecutor. An appropriate order setting forth the revised sentence and specifying the change made and the reasons thereof shall be entered on the record.

(d) Consideration During Appeal. Notwithstanding R. 2:9-1(a), the trial court may reconsider a sentence pursuant to this Rule during the pendency of an appeal upon notice to the Appellate Division.

In Municipal Court, the following Rule 7:9-4. provides for Reduction or Change of Sentence:

(a) Time. The court, in its discretion, may reduce or change a sentence, either on its own motion or on the motion of defendant, which may be either oral or written, at any time during which the court retains jurisdiction over the matter.

(b) Procedure. All changes of sentence shall be made in open court upon notice to the defendant and the prosecuting attorney. An appropriate order setting forth the revised sentence and specifying the change made and the reasons for the change shall be entered on the record.

CONCLUSION

If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Dont 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.

 


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



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