Statute of Limitations: Criminal & Traffic

Disorderly person criminal offenses - 1 year. This means the Complaint must be signed within one year of the offense. It does not mean the Complaint must be served on the defendant, or that the trial must be held within 1 year.

Indictable Criminal Penalties [Felony Type] 7 year Statute of Limitations
Jail Fine Probation
1st Degree 10-20 years $200,000 [presumption of jail]
2nd Degree 5-10 years $150,000 [presumption of jail]
3rd Degree 3-5 years $15,000 1 year-5 years
4th Degree 0-18 months $10,000 1 year-5 years

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.

If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!

MOTOR VEHICLE STATUTE OF LIMITATIONS

39:5-3 30 days Statute of Limitations except as posted below
39:3-12 Illegal obtaining DL - 1 year Statute of Limitations
39:3-34 App. for DL while SUS - 1 year Statute of Limitations
39:3-37 False App. - 1 year Statute of Limitations
39:4-129 Leaving the scene of accident - 1 year Statute of Limitations
39:10-24 Misrepresentation on title - 1 year Statute of Limitations
39:3-40 Driving while suspended DWS - 90 days Statute of
Limitations
39:4-50 DWI - 90 days Statute of Limitations
39:6B-2 No Insurance - 6 months Statute of Limitations
39: 5-31 DMV Director of Magistrate can revoke license for willful
violations even if Statute of Limitations has passed

Research by: KENNETH VERCAMMEN & ASSOCIATES, PC

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.