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Law office represents individuals charged with criminal and serious traffic
violations throughout New Jersey.
Possession, consumption of alcoholic beverages by persons under legal
age 2C:33-15. ; penalty 1. a. Any person under the legal age to purchase
alcoholic beverages who knowingly possesses without legal authority or
who knowingly consumes any alcoholic beverage in any school, public conveyance,
public place, or place of public assembly, or motor vehicle, is guilty
of a disorderly persons offense, and shall be fined not less than $500.00.
b. Whenever this offense is committed in a motor vehicle, the court shall,
in addition to the sentence authorized for the offense, suspend or postpone
for six months the driving privilege of the defendant. Upon the conviction
of any person under this section, the court shall forward a report to
the Division of Motor Vehicles stating the first and last day of the suspension
or postponement period imposed by the court pursuant to this section.
If a person at the time of the imposition of a sentence is less than 17
years of age, the period of license postponement, including a suspension
or postponement of the privilege of operating a motorized bicycle, shall
commence on the day the sentence is imposed and shall run for a period
of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's
license issued by this State, the court shall immediately collect the
license and forward it to the division along with the report. If for any
reason the license cannot be collected, the court shall include in the
report the complete name, address, date of birth, eye color, and sex of
the person as well as the first and last date of the license suspension
period imposed by the court.
The court shall inform the person orally and in writing that if the person
is convicted of operating a motor vehicle during the period of license
suspension or postponement, the person shall be subject to the penalties
set forth in R.S. 39:3-40. A person shall be required to acknowledge receipt
of the written notice in writing. Failure to receive a written notice
or failure to acknowledge in writing the receipt of a written notice shall
not be a defense to a subsequent charge of a violation of R.S. 39:3-40.
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the non-resident
driving privilege of the person based on the age of the person and submit
to the division the required report. The court shall not collect the license
of a non-resident convicted under this section. Upon receipt of a report
by the court, the division shall notify the appropriate officials in the
licensing jurisdiction of the suspension or postponement.
c. In addition to the general penalty prescribed for a disorderly persons
offense, the court may require any person who violates this act to participate
in an alcohol education or treatment program, authorized by the Department
of Health and Senior Services, for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which the
individual has been convicted.
d. Nothing in this act shall apply to possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
pursuant to an employment permit issued by the Director of the Division
of Alcoholic Beverage Control, or for a bona fide hotel or restaurant,
in accordance with the provisions of R.S. 33:1-26, or while actively engaged
in the preparation of food while enrolled in a culinary arts or hotel
management program at a county vocational school or post secondary educational
institution.
e. The provisions of section 3 of P.L. 1991, c.169 (C.33:1-81.1a) shall
apply to a parent, guardian or other person with legal custody of a person
under 18 years of age who is found to be in violation of this section.
L.1979, c.264,s.1; 1979, c.264; amended 1991, c.169, s.2; 1997, c.161.
2C:33-16. Alcoholic beverages; bringing or possession on school property
by person of legal age; penalty Any person of legal age to purchase alcoholic
beverages, who knowingly and without the express written permission of
the school board, its delegated authority, or any school principal, brings
or possesses any alcoholic beverages on any property used for school purposes
which is owned by any school or school board, is guilty of a disorderly
persons offense.
L.1981, c. 197, s. 1, eff. July 9, 1981.
2C:33-17. Availability of alcoholic beverages to underaged, offenses
1. a. Anyone who purposely or knowingly offers or serves or makes available
an alcoholic beverage to a person under the legal age for consuming alcoholic
beverages or entices or encourages that person to drink an alcoholic beverage
is a disorderly person.
This subsection shall not apply to a parent or guardian of the person
under legal age for consuming alcoholic beverages if the parent or guardian
is of the legal age to consume alcoholic beverages or to a religious observance,
ceremony or rite. This subsection shall also not apply to any person in
his home who is of the legal age to consume alcoholic beverages who offers
or serves or makes available an alcoholic beverage to a person under the
legal age for consuming alcoholic beverages or entices that person to
drink an alcoholic beverage in the presence of and with the permission
of the parent or guardian of the person under the legal age for consuming
alcoholic beverages if the parent or guardian is of the legal age to consume
alcoholic beverages.
b. A person who makes real property owned, leased or managed by him available
to, or leaves that property in the care of, another person with the purpose
that alcoholic beverages will be made available for consumption by, or
will be consumed by, persons who are under the legal age for consuming
alcoholic beverages is guilty of a disorderly persons offense.
This subsection shall not apply if:
(1) the real property is licensed or required to be licensed by the Division
of Alcoholic Beverage Control in accordance with the provisions of R.S.
33:1-1 et seq;
(2) the person making the property available, or leaving it in the care
of another person, is of the legal age to consume alcoholic beverages
and is the parent or guardian of the person who consumes alcoholic beverages
while under the legal age for consuming alcoholic beverages; or
(3) the alcoholic beverages are consumed by a person under the legal
age for consuming alcoholic beverages during a religious observance, ceremony
or rite.
L.1985, c.311, s.1; amended 1995,c.31.
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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