Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Monday, July 3, 2017

Consent searches that are coerced are not effective to surrender a constitutional right.

Consent searches that are  coerced are not effective to surrender a constitutional right.
a. Consent sufficient to waive a constitutional right must both be “‘the product of an essentially free and un- constrained choice by its maker’” (Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973)) and be revocable. Neither of those conditions is satisfied here.
In these circumstances, someone who will be denied the ability to drive unless he or she agrees in advance to submit to a chemical search can hardly be said to have “‘freely and voluntarily’” consented to such a search. Schneckloth, 412 U.S. at 222 (citation omitted).
…..
Consent searches trigger application of the unconstitutional conditions doctrine, which “vindicates the Constitution’s enumerated rights by preventing the government from coercing people into giving them up.” Koontz v. St. Johns River Water Mgmt. Dist., 133 S. Ct. 2586, 2594 (2013); see id. at 2596
States have available a wide range of other tools, including expedited warrant procedures and numerous mechanisms to keep impaired drivers from getting behind the wheel in the first place, that are more effective.
Thus, the Court’s decisions consistently “have determined that ‘[w]here a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing, reasonableness generally requires the obtaining of a judicial warrant.’” Riley v. California, 134 S. Ct. 2473, 2482 (2014) (ellipses omitted) (quoting Vernonia School Dist. 47J v. Acton, 515 U.S. 646, 653 (1995)). “Such a warrant ensures that the inferences to support a search are ‘drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.’” Ibid. (quoting Johnson v. United States, 333 U.S. 10, 14 (1948))
It is of course true that a person may consent to a search for which a warrant otherwise would be required. This “‘jealously and carefully drawn’ exception [to the warrant requirement] recognizes the validity of searches [undertaken] with the voluntary consent of an individual possessing authority” to give it. Georgia v. Randolph, 547 U.S. 103, 109 (2006) (citations omitted). This Court’s cases teach, however, that a valid consent must be “the product of an essentially free and unconstrained choice.” Schneckloth v. Bustamonte, 412 U.S. 214, 218, 225 (1973) (quoting Culombe v. Connecticut, 367 U.S. 568, 602 (1961)). That standard is not satisfied here.

Since McNeely, States have continued to expand their use of electronic warrants, a trend we can expect to continue. See, e.g., Fla. Stat. Ann. § 933.07 (West 2015) (allowing use of electronic warrants); Notice to the Bar, New Jersey Supreme Court (Nov. 14, 2013), perma.cc/B5BY-QF84 (authorizing the expanded use of electronic and remote “warrants for nonconsensual blood testing in all driving while intoxicated (DWI) cases where no indictable charge is anticipated”). For example, Arizona has achieved success in combating drunk driving through its pioneering use of electronic warrants, which can take fewer than fifteen minutes to process. Diana Hegyl, iCISng eSearch Warrant Application, Jud. Branch News 6 (Mar. 2013), perma.cc/BR6L-EB3S. In 2012 alone, Maricopa County Courts processed 10,510 electronic search warrants for the city of Phoenix. Although Arizona requires a warrant to compel a blood or breath BAC test (see State v. Butler, 302 P.3d 609, 613 (2013)) and does not have a criminal compelled-consent law, that State has a lower reported incidence of drunk driving than the national average. Drunk Driving US Map, Ctrs. for Disease Control & Prevention (Jan. 21, 2015), perma.cc/P5KM-J2ZZ.

Criminal Law Committee ABA Solo Div Report Summer 2017

Criminal Law Committee ABA Solo Div Report Summer 2017 COUNCIL AGENDA REPORT FORM
Division Name and Number:  Practice Specialty Division: 3

Division Director Name: Kari Petrasek

Reporting Board or Committee: Criminal Law Committee

Completed By: Kenneth Vercammen Co-Chair, Edison, NJ  

1. What has your board or committee done since its last report (e.g., conference call, meetings, use of discussion lists, planning for CLE programs, publications and articles, collaboration with other boards, committees, or sections)?
-Requested meeting at New York Annual meeting
-Started work on new ABA book Handling DUI and Drug Possession Defense for Attorneys
--Meet with Shannon Lessman of ABA Publications in Chicago on March 13 to discuss chapters for DUI and Drug defense
-Sent Request to Dee Lee and Dave. L for Brown Bag webinar
-Continue to Publicize ABA “Criminal Forms Book to help generate revenue for Division
-Added info to GP Solo Linkedin
- Invited members to submit articles to GP Solo EReport
- Offered forms for free to members from NJ Bar Annual seminar “Handling Drug, DWI and Serious Cases seminar
--Also helped publicize ABA book ABA’s “Smart Marketing for Smart Firm Lawyers” a book from the American Bar Association. My staff implemented many of the ideas to improve our law office. 
Smart Marketing and the Small Firm Lawyer                                                                              
List Price: $59.95                                                                                                                          
Sponsor(s): Solo, Small Firm and General Practice Division Publisher(s): ABA Book Publishing ISBN: 978-1-62722-484-0 Product Code: 5150468 2014, 156 Pages, 7 x 10


2. What is the status of your board or committee’s business plan for the year (e.g., participation of board or committee members, goals achieved, and new goals)?
- Attend August 11 Yankees Game at ABA NY Annual Meeting
-Continue to help promote ABA books to raise revenue for section
-Offer to GP Solo members free portions of articles/ forms from NJ Bar Annual Drug DWI seminar
-Invite Chair elect the legendary Steve Williams and Division members to free NJ Bar Summer Happy Hour at the NJ Shore on July 15
- Hope to submit articles to Solo EReport
-Sent draft of proposed DUI book to

Does your board or committee need any assistance from the Director, Staff, Division Officers, or Council? If yes, please explain:
  Help promote the ABAS’ CRIMINAL LAW FORMS book
Book from the American Bar Association
Solo & Small Firm Division Author: Kenneth Vercammen
  Criminal Law Forms helps lawyers face the challenges of:
     Criminal defense
     DWI cases
     Juvenile offenses
     Domestic violence
     Traffic violations
     Auto Accidents
     and much more

-Also helped publicize ABA book ABA’s “Smart Marketing for Smart Firm Lawyers” a book from the American Bar Association. My staff implemented many of the ideas to improve our law office. 
Smart Marketing and the Small Firm Lawyer                                                                              
List Price: $59.95                                                                                                                          
Sponsor(s): Solo, Small Firm and General Practice Division Publisher(s): ABA Book Publishing    


ACTION ITEMS
List any action items to be presented to Council. These are items that require discussion, reporting, and/or decision-making on the part of the Council (e.g. a request for support of matters appearing before the House of Delegates, revisions of Division policies, and requests for use of extraordinary Division resources).

INFORMATIONAL ITEMS

List any informational items to be represented to Council. These items are matters for the Council’s information and do not require action.

Tuesday, June 27, 2017

Disorderly arrests at PNC and legal representation

Disorderly arrests at PNC and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile 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. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
   
Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
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 drivers 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.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
 
    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    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 given the age at the time of sentencing, the non-resident driving privilege 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.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.       

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

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 took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Tuesday, June 20, 2017

Disorderly arrests at The Shore Thing and legal representation

Disorderly arrests at The Shore Thing and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile 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. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
    
Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
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 drivers 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.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
  
    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    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 given the age at the time of sentencing, the non-resident driving privilege 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.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.        

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

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 took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Disorderly arrests at Bamboo Bar and legal representation

Disorderly arrests at Bamboo Bar and legal representation
Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile 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. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
    
Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
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 drivers 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.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
  
    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    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 given the age at the time of sentencing, the non-resident driving privilege 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.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.        

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

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 took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500