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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
Under New Jersey law, the court must order every person convicted of an
offense concerning controlled dangerous substances or drug paraphernalia,
as set out in chapters 35 and 36 of the Criminal Code, to forfeit his or
her driving privileges for a period of six months to two years. In cases
involving juveniles under the age of 17, the period of suspension ordered
by the court begins after the day the juvenile reaches age 17.
A new law in 2006 S-2517/A-878 allows the court to refrain from imposing
the driver's license suspension under certain circumstances. As a condition
of receipt of certain federal funds, federal law (set out in 23 U.S.C.A.
§159) requires each state to comply with one of the following three
options: (1) the state must require driver's license suspension for CDS
offenses in all cases (as does current New Jersey law); or (2) the state
must require drivers' license suspension for CDS offenses unless there
are "compelling circumstances warranting an exception"; or (3)
the state's Governor must submit two certifications to the federal Secretary
of Transportation: one stating that the Governor is opposed to the enactment
or enforcement in the state of a law requiring drivers' license suspensions
for convicted drug offenders; and one stating that the legislature (including
both Houses where applicable) has adopted a resolution expressing its
opposition to such a law. This bill conforms to alternative (2) of the
federal statute. Under the bill, the court will not order a driver's license
suspension for a person convicted of a drug offense if the court finds
"compelling circumstances warranting an exception." For purposes
of the bill, compelling circumstances warranting an exception exist if
the forfeiture of the person's right to operate a motor vehicle will result
in extreme hardship and alternative means of transportation are not available.
The committee amendments were proposed by the Commission to Review Criminal
Sentencing established by P.L. 2003, c.265. These amendments provide that
a person, at any time after sentencing and upon notice to the prosecutor,
may make an application to the court to restore his right to operate a
motor vehicle if the application is based upon new evidence or new information
which demonstrates compelling circumstances warranting an exception. For
example, a person may be sentenced to forfeit his driving privileges for
two years. After serving one year of that sentence he may relocate and
alternative means of transportation may no longer be available near his
new residence. Under the amendments that person may apply to the court
for reconsideration of his loss of driving privileges given the new information
bearing on this matter. Kenneth Vercammen & Associates Law Office
represents people injured in accidents or charged with criminal offenses.
We provide representation throughout New Jersey. Don't give up! Our Law
Office can provide experienced attorney representation for most cases.
Our website www.njlaws.com provides information on personal injury and
criminal cases.
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.
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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