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Kenneth Vercammen's Law office represents people charged with criminal
offenses and disorderly offenses. We provide representation throughout
New Jersey. Criminal charges can cost you. If convicted, you can face
high fines, jail, probation and other penalties. Don't give up! Our Law
Office can provide experienced attorney representation for criminal violations.
Our website www.njlaws.com provides information on criminal offenses.
We can be retained to represent people.
The following are the Criminal Rules of Court regarding criminal trials
in New Jersey in the Superior Courts:
RULE 3:14. PLACE OF TRIAL 3:14-1. Venue
An offense shall be prosecuted in the county in which it was committed,
except that (a) If it is uncertain in which one of 2 or more counties
the offense has been committed or if an offense is committed in several
counties prosecution may be had in any of such counties. (b) If a person
dies in one county as a result of an offense committed in any other county
or counties, the prosecution may be had in any of such counties. (c) Whenever
the body of any person who died as a result of an offense is found in
any county, prosecution may be had in such county, regardless of where
the offense was committed. (d) Whenever a person dies within the jurisdiction
of this State as a result of an offense committed outside the jurisdiction
of this State, or dies outside the jurisdiction of this State as a result
of an offense committed within the jurisdiction of this State, the prosecution
shall be had in the county in which the death occurred or the offense
was committed. (e) Prosecution for acts of treason against this State
which were committed outside the jurisdiction of this State shall be had
in any county designated by the Chief Justice. (f) Prosecutions for libel
shall be had either in the county in which the publication was made or
the county in which the libeled person resided at the time of the publication.
(g) An accessory may be prosecuted as such either in the county in which
the offense to which he or she is an accessory is triable or the county
in which he or she became such accessory. (h) Any person who steals the
property of another, outside this State, or receives such property knowing
it to have been stolen, and brings it into this State, may be prosecuted
in any county into or through which the stolen property is brought. (i)
Prosecutions for acts of forgery, embezzlement, conversion or misappropriation
may be had either in the county in which such offense was committed or
in the county in which the offender last resided. (j) Prosecutions for
desertion may be had either in the county in which the wife or any child
resided at the time of the desertion or in the county in which the wife
resides when the prosecution is begun. (k) The county of venue for purposes
of trial of indictments returned by a State Grand Jury shall be designated
by the Assignment Judge appointed to impanel and supervise the State Grand
Jury or Grand Juries pursuant to R. 3:6-11(b).
3:14-2. Motion for Change of Venue or Foreign Jury
A motion for change of venue may be made only by a defendant. A motion
for trial by a foreign jury may be made by any party. Such motions shall
be made to the judge assigned to try the case or to the Assignment Judge
of the county in which the indictment was found or the accusation filed
on notice to the other party or parties on such proofs as the court directs
and shall be granted if the court finds that a fair and impartial trial
cannot otherwise be had.
3:14-3. Foreign Juries; Order and Selection
If a foreign jury is ordered, the order shall specify the number of jurors
to be returned and a venire directed to the sheriff of the county from
which such jury shall be taken, which shall be returnable to the court
in the county in which the matter is to be tried. The jurors shall be
selected in the same manner as the general panel of jurors is selected
in the county from which they are taken.
3:14-4. Order for Change of Venue; Costs
If a change of venue is ordered, the criminal division manager's office
in which the indictment or accusation is pending shall transmit to the
criminal division manager's office to which the matter is transferred
all papers filed therein or duplicates thereof, and the prosecution shall
continue in that county. The costs of trial shall be certified to the
Assignment Judge of the county in which the indictment was found or the
accusation was filed.
RULE 3:15. JOINDER AND SEVERANCE 3:15-1. Trial of Indictments or Accusations
Together
(a) Permissible Joinder. The court may order 2 or more indictments or
accusations tried together if the offenses and the defendants, if there
are 2 or more, could have been joined in a single indictment or accusation.
The procedure shall be the same as if the prosecution were under such
single indictment or accusation. (b) Mandatory Joinder. Except as provided
by R. 3:15-2(b), a defendant shall not be subject to separate trials for
multiple criminal offenses based on the same conduct or arising from the
same episode, if such offenses are known to the appropriate prosecuting
officer at the time of the commencement of the first trial and are within
the jurisdiction and venue of a single court.
3:15-2. Relief From Prejudicial Joinder
(a) Motion by State Before Trial. If two or more defendants are to be
jointly tried and the prosecuting attorney intends to introduce at trial
a statement, confession or admission of one defendant involving any other
defendant, the prosecuting attorney shall move before trial on notice
to all defendants for a determination by the court as to whether such
portion of the statement, confession, or admission involving such other
defendant can be effectively deleted therefrom. The court shall direct
the specific deletions to be made, or, if it finds that effective deletions
cannot practically be made, it shall order separate trials of the defendants.
Upon failure of the prosecuting attorney to so move before trial, the
court may refuse to admit such statement, confession or admission into
evidence at trial, or take such other action as the interest of justice
requires. (b) Motion by Defendant and State. If for any other reason it
appears that a defendant or the State is prejudiced by a permissible or
mandatory joinder of offenses or of defendants in an indictment or accusation
the court may order an election or separate trials of counts, grant a
severance of defendants, or direct other appropriate relief. (c) Time.
A motion for separate trial of counts of an indictment or accusation must
be made pursuant to R. 3:10-2, unless the court, for good cause shown,
enlarges the time.
3:15-3. Trial of Criminal Offenses and Lesser, Related Infractions
(a) Joinder of Criminal Offense and Lesser Related Infraction. (1) Except
as provided in paragraph (b), the court shall join any pending non-indictable
complaint for trial with a criminal offense based on the same conduct
or arising from the same episode. (2) Regardless of whether a jury sits
as the finder of facts with respect to the criminal offense, and unless
the complaint charges a disorderly persons offense or a petty disorderly
persons offense that must be submitted to the jury in accordance with
the provisions of N.J.S.A. 2C:1-8(e), the Superior Court judge shall sit
as a municipal court judge on the complaint and shall render the verdict
with respect to the complaint on the proofs adduced in the course of trial.
(3) If evidence is held to be admissible with respect to the trial of
the complaint but inadmissible with respect to the trial of the criminal
offense, the court shall hear that evidence outside of the jury's presence
and may, in its discretion, postpone such hearing until the jury has retired
to deliberate. The court shall not render its verdict on the complaint
until the jury has rendered its verdict or until the jury has been dismissed.
(b) Relief From Joinder. If for any reason it appears that a defendant
or the State is prejudiced by the joinder required by paragraph (a), the
court may decline to join or may grant other appropriate relief. A defendant's
request to avoid joinder shall constitute a waiver of any claim against
twice being placed in jeopardy that would not have arisen had the defendant's
request been denied. (c) Consequence of Failure to Join. In no event shall
failure to join as required in paragraph (a) be deemed to constitute grounds
for barring a subsequent prosecution of the complaint except as required
by statute or by the Federal or State Constitutions.
RULE 3:16. PRESENCE OF THE DEFENDANT
(a) Pretrial. The defendant must be present for every scheduled event
unless excused by the court for good cause shown. (b) At Trial or Post-conviction
Proceedings. The defendant shall be present at every stage of the trial,
including the impaneling of the jury and the return of the verdict, and
at the imposition of sentence, unless otherwise provided by Rule. Nothing
in this Rule, however, shall prevent a defendant from waiving the right
to be present at trial. A waiver may be found either from (a) the defendant's
express written or oral waiver placed on the record, or (b) the defendant's
conduct evidencing a knowing, voluntary, and unjustified absence after
(1) the defendant has received actual notice in court or has signed a
written acknowledgment of the trial date, or (2) trial has commenced in
defendant's presence. A corporation shall appear by its attorney for all
purposes. The defendant's presence is not required at a reduction of sentence
under R. 3:21-10 or, except as provided in R. 3:22-10, at a hearing on
a petition for post conviction relief.
RULE 3:18. MOTION FOR JUDGMENT OF ACQUITTAL 3:18-1. Motion Before Submission
to Jury
At the close of the State's case or after the evidence of all parties
has been closed, the court shall, on defendant's motion or its own initiative,
order the entry of a judgment of acquittal of one or more offenses charged
in the indictment or accusation if the evidence is insufficient to warrant
a conviction. A defendant may offer evidence after denial of a motion
for judgment of acquittal made at the close of the State's case without
having reserved the right.
3:18-2. Motion After Discharge of Jury
If the jury returns a verdict of guilty or is discharged without having
returned a verdict, a motion for judgment of acquittal may be made, even
if not earlier made pursuant to R. 3:18-1 or it may be renewed within
10 days after the jury is discharged or within such further time as the
court fixes during the 10-day period. The court on such motion may set
aside a verdict of guilty and order the entry of a judgment of acquittal
and may so order if no verdict has been returned.
RULE 3:19. VERDICT 3:19-1. Several Defendants or Counts; Written Verdict
Sheets
(a) Several Defendants or Counts. If there are 2 or more counts of an
indictment or 2 or more defendants tried together, the jury may return
a verdict or verdicts with respect to a defendant or defendants as to
whom it has agreed, specifying the counts on which it has agreed; the
defendant or defendants may be tried again on the count or counts as to
which it has not agreed. (b) Written Verdict Sheets. In the discretion
of the court, a written verdict sheet may be submitted to the jury in
conjunction with a general verdict to facilitate the determination of
the grade of the offense under the Code of Criminal Justice or otherwise
simplify the determination of a verdict when multiple charges are submitted
to the jury. The verdict sheet shall be marked as a court exhibit and
retained by the court pursuant to Rule 1:2-3.
3:19-2. Acquittal by Reason of Insanity
If a defendant interposes the defense of insanity and is acquitted after
trial on that ground, the verdict and judgment shall so state. The procedure
for disposition of the defendant shall be as provided by N.J.S.A. 2C:4-8
and 2C:4-9 and by R. 4:74-7, except that in the case of defendants acquitted
of murder by reason of insanity all hearings pursuant to R. 4:74-7(e)
shall be in open court unless good cause is shown for a hearing in camera.
RULE 3:20. NEW TRIAL 3:20-1. Trial by Court or Jury
The trial judge on defendant's motion may grant the defendant a new trial
if required in the interest of justice. If trial was by the judge without
a jury, the judge may, on defendant's motion for a new trial, vacate the
judgment if entered, take additional testimony and direct the entry of
a new judgment. The trial judge shall not, however, set aside the verdict
of the jury as against the weight of the evidence unless, having given
due regard to the opportunity of the jury to pass upon the credibility
of the witnesses, it clearly and convincingly appears that there was a
manifest denial of justice under the law.
3:20-2. Time for Making Motion
A motion for a new trial based on the ground of newly-discovered evidence
may be made at any time, but if an appeal is pending, the court may grant
the motion only on remand of the case. A motion for a new trial based
on a claim that the defendant did not waive his or her appearance for
trial shall be made prior to sentencing. A motion for a new trial based
on any other ground shall be made within 10 days after the verdict or
finding of guilty, or within such further time as the court fixes during
the 10-day period.
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 simply attended law school. When
your life and job is on the line, hire the best attorney available.
Kenneth Vercammen, 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, Hightstown, 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.
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