Friday, February 26, 2016

May 6, 2015 - Expungement Criminal Arrests and conviction Seminar at Ken Vercammens Law office for person previously charged with offenses and their family who are concerned about old criminal charges of their children. In NJ

May 6, 2015 - Expungement Criminal Arrests and conviction Seminar at Ken Vercammens Law office for person previously charged with offenses and their family who are concerned about old criminal charges of their children. In NJ

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 drivers license for 6 months - 2 years. 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

MANUFACTURING OF BURGLARS TOOLS - In NJ

MANUFACTURING OF BURGLARS TOOLS - In NJ

(N.J.S.A.2C:5-5a)

[Countof] [T]he indictment charges defendant with manufacturing of burglars tools.That section of our statutes provides that:

Any person who manufacturers . . . any engine, machine, tool or implement adapted, designed, or commonly used for committing or facilitating the offense of,[1]knowing the same to be so adapted, designed, or commonly used, [with the purpose to use or employ it] [OR with a purpose to provide it to some person whom he knows has such a purpose to use or employ it], is guilty of an offense.

In order for defendant to be found guilty of this offense, the State must prove each of the following elements beyond a reasonable doubt:

1.that the defendant manufactured an engine, machine, tool or implement adapted, designed, or commonly used for committing or facilitating the offense of;

2.thathe/sheknew the engine, machine, tool or implement was adapted or designed or commonly used for committing or facilitating that offense; and

3.thathis/herpurpose was [to use or employ it] [OR to provide it to some other person whomhe/sheknew had the purpose to use or employ it] to commit or facilitate that offense.[2]

The first element that the State must prove beyond a reasonable doubt is that defendant manufactured an engine, machine, tool or implement adapted, designed, or commonly used for committing or facilitating the offense of, in this case [identity by name, type, or exhibit number].

The engine, machine, tool or implement that defendant is charged with manufacturing must be specially or specifically designed or adapted or commonly used for commission or facilitation of this offense and not merely be something designed or adapted or commonly used for some other purpose that can be or is used for committing or facilitating this offense.[3]

The elements of the offense ofare[see appropriate Model Jury Charge] OR [I have already defined for you (OR I will define for you)the elements of the offense ofin the instructions regarding count _____ of the indictment].

The second element that the State must prove beyond a reasonable doubt is that defendant knew that the engine, machine, tool, or implement was designed, adapted, or commonly used for committing or facilitating the offense of.A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result of his conduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.

The third element that the State must prove beyond a reasonable doubt is that defendants purpose was to use or employ the engine, machine, tool or implement [OR to provide the engine, machine, tool or implement to another whomhe/sheknows has the purpose to use or employ it] for committing or facilitating the offense of.A person acts purposely with respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious object to engage in conduct of that nature or to cause such a result.A person acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances orhe/shebelieves or hopes that they exit.

[IF DEFENDANT IS ACCUSED OF PROVIDING IMPLEMENT TO ANOTHER:

I have already defined the term knowing for you].

Purpose and knowledge are conditions of the mind that cannot be seen and that can be determined only by inferences from conduct, words or acts.A state of mind is rarely susceptible of direct proof but must ordinarily be inferred from the facts.Therefore, it is not necessary that the State produce witnesses to testify that an accused said thathe/shehad a certain state of mind whenhe/sheengaged in a particular act.It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of defendants acts and conduct, from all thathe/shesaid and did at the particular time and place, and from all surrounding circumstances.

If the State has failed to prove each element of this offense beyond a reasonable doubt, then you must find the defendant not guilty.If the State has proven each element of this offense beyond a reasonable doubt, then you must find defendant guilty.

CHARGE IF APPROPRIATE:

POSSESSION OF BURGLARS TOOLS(lesser included offense)

As part ofhis/herdenial of guilt to the charge of manufacturing burglars tools, defendant asserts thathe/shedid not manufacture, but merely possessed it without having any role or part in its manufacture.It is the States burden to prove beyond a reasonable doubt that defendant manufactured rather than merely possessed the engine, machine, tool or implement.

The word possess as used in criminal statutes signifies a knowing, intentional control of a designated thing, accompanied by a knowledge of its character.

Thus, the person must know or be aware thathe/shepossesses the item (in this case), andhe/shemust know what it is thathe/shepossesses or controls (that it is (they are) burglars tool(s)).

[Where applicable charge the following:this possession cannot merely be a passing control that is fleeting or uncertain in its nature].In other words, to possess within the meaning of the law, the defendant must knowingly procure or receive the item possessed or be aware ofhis/hercontrol thereof for a sufficient period of time to have been able to relinquishhis/hercontrol ifhe/shechose to do so.(Define knowingN.J.S.A.2C:2-2 and any other definition relevant to the item allegedly possessed).

A person may possess(an item) even though it was not physically onhis/herperson at the time of the arrest, ifhe/shehad in fact, at some time prior tohis/herarrest, had control over it.

When we speak of possession, we mean a conscious, knowing possession.The law recognizes two kinds of possession:they are actual possession and constructive possession.

ACTUAL POSSESSION

A person is in actual possession of a particular article or thing whenhe/sheknows what it is: that is,he/shehas knowledge of its character and knowingly has it onhis/herperson at a given time.

CONSTRUCTIVE POSSESSION

The law recognizes that possession may be constructive instead of actual.

Constructive possession means possession in which the person does not physically have the property, but though not physically on ones person,he/sheis aware of the presence of the property and is able to and has the intention to exercise control over it.

A person who, although not in actual possession, has knowledge of its character, knowingly has both the power and the intention at a given time to exercise control over a thing, either directly or through another person or persons, is then in constructive possession of it.

JOINT POSSESSION

The law recognizes that possession may be sole or joint.If one person alone has actual or constructive possession of a thing, possession is sole.If two or more persons share actual or constructive possession of a thing, possession is joint; that is, if they knowingly share control over the article.

If the State has failed to prove each element of the offense beyond a reasonable doubt, then you must find the defendant not guilty.If the State has proven each element of the offense beyond a reasonable doubt, then you must find defendant guilty of manufacturing burglars tools.If the State has not proven beyond a reasonable doubt that defendant manufactured rather than possessed the engine, machine, tool or implement, but has proven all of the other elements beyond a reasonable doubt, then you must find the defendant guilty of possession of burglars tools.

[1]Specify here, and at every other relevant point in the charge, the offense in chapter 20 of this Title or offenses involving forcible entry into premises that defendant is charged with manufacturing the burglars tool adapted, designed, or commonly used for committing or facilitating.

[2]State v. Gertrude, 309N.J. Super.354, 358 (App. Div. 1998).

[3]SeeCannel,Criminal Code Annotated, Comments 2.(second paragraph) and 4. toN.J.S.A.2C:5-5 ([T]he linkage of the manufacture of implements with the publishing of plans suggests that the higher penalty was intended for those persons who produce a specialized implement.Such persons pose a greater danger to the public).

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.

MANSLAUGHTER IN COURSE OF ELUDING AN OFFICER In NJ

MANSLAUGHTER IN COURSE OF ELUDING AN OFFICER In NJ

(N.J.S.A. 2C:11-4a(2)) model jury charge

The defendant is charged in count with manslaughter in violation of N.J.S.A. 2C:11-4a(2). The indictment reads in pertinent part as follows:

(Read indictment or appropriate count, if indictment contains more than one count.)1

The State contends that on (date), while committing the crime of fleeing [or attempting to elude] a law enforcement officer, defendant caused the death of [insert victims name].

The section of the statute applicable to this case reads in pertinent part as follows:

Criminal homicide constitutes manslaughter when:

The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer.

It does not matter that the act which caused death was committed recklessly, or unintentionally or accidentally.

In order for you to find the defendant guilty of manslaughter, the State is required to prove beyond a reasonable doubt, from all the evidence in the case, all of the essential elements of the crime charged. Accordingly, before you can find the defendant guilty of manslaughter, the State must prove beyond a reasonable doubt:

1. That on or about [insert date] the defendant was engaged in the crime of fleeing [or attempting to elude] a law enforcement officer.2

1 It is assumed that the indictment would contain a separate count charging defendant with the predicate crime of eluding an officer.

2 If the facts indicate an attempted crime, see appropriate charge on attempt elsewhere herein and modify to the extent necessary. And if defendants involvement was or may have been as an accomplice (N.J.S.A. 2C:2-6), see appropriate charges elsewhere herein including, if also applicable, the defense of renunciation (N.J.S.A. 2C:2-6(e)). MANSLAUGHTER IN COURSE OF ELUDING AN OFFICER N.J.S.A. 2C:11-4a(2) Page 2 of 4

3 State v. Martin, 119 N.J. 2, 11, 19-34 (1990).

2. That the death of [name of victim] was caused by the defendant.

3 That the death of [name of victim) was caused at some time within the course of the defendants flight [or attempt to elude] the law enforcement officer.

The first element requires the State to prove beyond a reasonable doubt that the defendant was engaged in the crime of eluding by fleeing [or attempting to elude] a law enforcement officer in violation of the criminal code.

[Charge elements of eluding an officer, N.J.S.A. 2C:29-2b, if not previously charged.

See Model Charge.]

OR

[I have already instructed you on the elements of the crime of eluding an officer.]

The second and third elements require the State to establish that the victims death was caused by the defendant and was caused during the commission of the crime of eluding. In order to meet its burden of proof as to the second and third elements, the State must prove beyond a reasonable doubt the following:

1. That, but for defendants conduct in the commission of the crime of eluding, the victim would not have died. In other words, that the victims death would not have occurred without the commission of the crime of eluding.3

2. That the victims death was a probable consequence of the commission of MANSLAUGHTER IN COURSE OF ELUDING AN OFFICER N.J.S.A. 2C:11-4a(2) Page 3 of 4

4 The fact that a police officers pursuit of the defendant may be the direct cause of the victims death does not necessarily mean that the statute is inapplicable. If the evidence may support such a theory, the court should give a fact-specific causation charge as contemplated in State v. Martin, 119 N.J. at 16-18.

5 Where divergent factual versions give rise to different theories of causation, the trial court must provide the jury with appropriate instructions to apply, depending on which version it chooses to accept. Thus, in appropriate cases the court must fashion its charge to instruct the jury how to deal with the defendants (as well as with the States) factual contentions. Martin, 119 N.J. at 16-18.

6 State v. Pelham, 176 N.J. 44, 455-456 and n. 2 (2003).

the crime of eluding.4 In order for the death to be a probable consequence of the crime of eluding, the death must not have been too remote, or too accidental in its occurrence, or too dependent on anothers volitional acts to have a just bearing on the defendants liability or the gravity of his offense. In other words, you must decide if the State has proven beyond a reasonable doubt that, under all the circumstances, the death did not occur in such an unexpected or unusual manner that it would be unjust to find the defendant responsible for the death.5

[NOTE: In cases where Causation - Removal of Life Support is an issue, the jury should be instructed as follows:

You have heard testimony that on [date], (insert victims name) was taken off life support and that he/she died at some point after this was done. Should you find beyond a reasonable doubt that (insert victims name) died from medical complications that resulted from injuries caused by defendants actions, the removal of life support, in this case (method of removal), is not an intervening cause that relieves defendant of any criminal liability for those actions.6 That is, if defendants actions set in motion (insert victims name) need for life MANSLAUGHTER IN COURSE OF ELUDING AN OFFICER N.J.S.A. 2C:11-4a(2) Page 4 of 4

7 Pelham, 176 N.J. at 467.

support, without which death would result naturally, then the causal link between defendants action and the death of (insert victims name) was not broken by an unforeseen, extraordinary act when (insert victims name) was removed from life support and then expired, unless there was an intervening volitional act of another.]7

[CHARGE IN ALL CASES]

In conclusion, you must decide whether, after a consideration of all the evidence, that the State has proven to your satisfaction beyond a reasonable doubt each of these elements, as I have just explained them:

(1) that the defendant was engaged in the commission of crime of eluding, meaning that the State has proven the following [recapitulate the elements of eluding an officer, N.J.S.A. 2C:29-2b];

(2) that the death of (name of victim) was caused by defendant;

(3) that the death of that person was caused at some time during the crime of eluding;

If you find, after consideration of all the evidence, that the State has proven each of these elements beyond a reasonable doubt, then you will find the defendant guilty of manslaughter.

On the other hand, if you find that the State has failed to prove to your satisfaction beyond a reasonable doubt any one or more of these elements, then you must find the defendant not guilty of manslaughter.

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 drivers license for 6 months - 2 years. 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

Wednesday, February 17, 2016

Domestic violence defense

https://www.youtube.com/watch?v=j-Ewqn14PV8

Discovery demands in DWI blood and urine cases

https://www.youtube.com/watch?v=e_UwczwP3fg

Defense of Pot charges and penalties 2C:35-10 Marijuana pot charges CDS

https://youtu.be/UJ3506O1FSI

Criminal Mischief 2C:17-3 damages tangible property of another

https://www.youtube.com/watch?v=v0apt3zCG0c

Consequences of a criminal conviction

https://www.youtube.com/watch?v=SMcDstM-9XI

Friday, February 12, 2016

Major Criminal and Traffic Cases Affecting Municipal Court in NJ

Major Criminal and Traffic Cases Affecting Municipal Court in NJ

Major Criminal and Traffic Cases Affecting Municipal Court
Borgata Hotel Casino & Spa, Atlantic City
Municipal Court Practice Section Thursday, May 20      8 - 9:30 a.m.
Up-to-the minute information on the newest cases and procedures affecting New Jersey municipal court practice.
Speakers: Kenneth Vercammen, Past Chair, NJSBA Municipal Court Section, Edison, NJ
Past Municipal Court Attorney of the Year
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
Hon. Roy McGeady, PJMC  Chair, Presiding Municipal Court Judges Conference
CD with forms and Materials
provided to all attendees!
NJSBA Annual Meeting and Convention
May 19 – 21, 2010
For Registration information, call the Meetings Department at 732-249-5000. NJSBA , New Jersey Law Center, One Constitution Square, New Brunswick, NJ 08901-1520.
All day conference fees range between $300-$400
http://www.njsba.com/calendar_events/AM10RegForm_WEB.pdf?meeting_reg=Download+Meeting+Registration+Form
Borgata Hotel Casino & Spa
includes admittance to all program sessions and exhibits as
well as:
Wednesday    Opening Wine & Cheese Reception
Welcome Reception
Thursday         Continental Breakfast, Buffet Luncheon,
Afternoon Refreshments

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.

LIMITATION ON FORCE by police model jury charge 2C:3-7b in NJ

LIMITATION ON FORCE by police model jury charge 2C:3-7b in NJ

LIMITATIONS ON USE OF FORCE IN LAW ENFORCEMENTmodel jury charge (N.J.S.A. 2C:3-7b)

There are, however, limitations on the use of force a person may use in effecting a lawful arrest. The use of force is not justified unless:

(1) The defendant makes known the purpose of the arrest or the defendant reasonably believes that the purpose of the arrest is otherwise known by the person arrested or cannot reasonably be made known to (him/her), and

(2) When the arrest is made under a warrant, the warrant is valid or the defendant reasonably believes it to be valid.

Accordingly, before you can find the defendant not guilty of the offense charged by reason of this defense, you must find that the defendant complied with at least one of these requirements.

In addition, there are limitations on the amount or degree of force a person may use in effecting an arrest. Deadly force is defined as force which the actor uses with the purpose of causing, or which he knows to create a substantial risk of causing, death or serious bodily harm. Serious bodily harm means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault. The use of deadly force is not justifiable unless:

(1) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer, and

(2) The actor reasonably believes that the force employed creates no substantial risk of injury to innocent persons, and

(3) The actor reasonably believes that the crime for which the arrest was made was homicide, kidnapping, sexual assault, criminal sexual contact, arson, robbery, burglary of a dwelling, or an attempt to commit one of these crimes, and

(4) The actor reasonably believes:

(a) There is an imminent threat of deadly force to himself or to a third party, or

(b) The use of deadly force is necessary to thwart the commission of a crime listed above, or

Therefore, if you find that the force used by the defendant was deadly force, before you can find the defendant not guilty, you must further find that all of the aforementioned requirements have been satisfied. If you find that deadly force was used and that the defendant was not authorized to act as a peace officer or someone summoned by and assisting a person whom he/she reasonably believes to be acting as a peace officer, the use of deadly force is not justified and you cannot find the defendant not guilty by reason of this defense.

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.

LIABILITY FOR ANOTHERS CONDUCT model jury charge 2C:2-6 in NJ

LIABILITY FOR ANOTHERS CONDUCT model jury charge 2C:2-6 in NJ

LIABILITY FOR ANOTHERS CONDUCT model jury charge(N.J.S.A. 2C:2-6)

ACCOMPLICE

CHARGE # ONE - Where defendant is charged as accomplice and jury does not receive instruction on lesser included charges.

The indictment charges/or the State alleges[1] that the defendant is legally responsible for the criminal conduct of X[2], in violation of a law which reads in pertinent part as follows:

A person is guilty of an offense if it is committed by his own conduct or the conduct of another person for which he is legally accountable, or both.

A person is legally accountable for the conduct of another person when he/she is an accomplice of such other person in the commission of an offense.

A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of the offense, he/she (a) solicits such other person to commit it and/or (b) aids or agrees or attempts to aid such other person in planning or committing it.

This provision of the law means that not only is the person who actually commits the criminal act responsible for it but one who is legally accountable as an accomplice is also responsible as if he/she committed the crime(s) himself/herself.

In this case, the State alleges that the defendant is guilty of the crime(s) committed by X because he/she acted as his/her accomplice. In order to find the defendant guilty, the State must prove beyond a reasonable doubt each of the following elements:

1. That X committed the crime(s) of ___________________. I will now explain the elements of this/these offense(s).

2. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

3. That this defendants purpose was to promote or facilitate the commission of the offense(s).

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the act.

Remember that one acts purposely with respect to his/her conduct or a result thereof if it is his/her conscious object to engage in conduct of that nature or to cause such a result.

Solicit means to strongly urge, suggest, lure or proposition. Aid means to assist, support or supplement the efforts of another. Agrees to aid means to encourage by promise of assistance or support. Attempt to aid means that a person takes substantial steps in a course of conduct designed to or planned to lend support or assistance in the efforts of another to cause the commission of a substantive offense.

If you find that the defendant, with the purpose of promoting or facilitating the commission of the offense(s), solicited X to commit it/them and/or aided or agreed or attempted to aid him/her in planning or committing it/them, then you should consider him/her as if he/she committed the crime(s) himself/herself. (If more than one offense is charged, instruct jury that accomplice status should be considered separately as to each charge).

To prove the defendants criminal liability, the State does not have to prove his/her accomplice status by direct evidence of a formal plan to commit a crime. There does not have to be verbal agreement by all who are charged. The proof may be circumstantial. Participation and agreement can be established from conduct as well as the spoken words.

(READ IF APPROPRIATE)

Mere presence at or near the scene does not make one a participant in the crime, nor does the failure of a spectator to interfere make him/her a participant in the crime. It is, however, a circumstance to be considered with the other evidence in determining whether he/she was present as an accomplice. Presence is not in itself conclusive evidence of that fact. Whether presence has any probative value depends upon the total circumstances. To constitute guilt there must exist a community of purpose and actual participation in the crime committed.

While mere presence at the scene of the perpetration of a crime does not render a person a participant in it, proof that one is present at the scene of the commission of the crime, without disapproving or opposing it, is evidence from which, in connection with other circumstances, it is possible for the jury to infer that he/she assented thereto, lent to it his/her countenance and approval and was thereby aiding the same. It depends upon the totality of the circumstances as those circumstances appear from the evidence.

(RESUME ACCOMPLICE CHARGE)

An accomplice may be convicted on proof of the commission of a crime or of his/her complicity therein even though the person who it is claimed committed the crime(s) has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity from prosecution or conviction of has been acquitted.

In order to convict the defendant as an accomplice to the crime(s) charged, you must find that the defendant had the purpose to participate in that particular crime(s). He/She must act with the purpose of promoting or facilitating the commission of the substantive crime(s) with which he/she is charged.

It is not sufficient to prove only that the defendant had knowledge that another person was going to commit the crime(s) charged. The State must prove that it was defendants conscious object that the specific conduct charged be committed.

In sum, in order to find the defendant guilty of committing the crime(s) of _______________________, the State must prove each of the following elements beyond a reasonable doubt:

1. That X committed the crime(s) of ______________________________.

2. That this defendants purpose was to promote or facilitate the commission of the offense(s).

3. That this defendant solicited him/her to commit it/them and/or did aid or agree or attempt to aid him/her in planning or committing it/them.

4. That this defendant possessed the criminal state of mind that is required to be proved against the person who actually committed the criminal act.

(Again, remind the jury to consider the accomplice status separately as to each charge).

If you find that the State has proven each and every one of the elements that I have explained to you beyond a reasonable doubt, then you must find the defendant guilty. If on the other hand you find that the State has failed to prove one or more of these elements beyond a reasonable doubt, then you must find the defendant not guilty. As I have previously instructed, your verdict(s) must be unanimous. All twelve jurors must agree as to guilty or not guilty.

[1] Where the evidence indicates a rational basis for accomplice liability, the judge can charge the jury on that basis even though the indictment does not expressly allege a violation of N.J.S.A. 2C:2-6. The court should indicate its intention to so charge, with or without request, before summations so that counsel can prepare to comment on the issue of accomplice liability during summations. See State v. Hakim, 205 N.J. Super. 385, 388 (App. Div. 1985).

[2] X can be a named person or an unknown person.

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.

LEWDNESS (Victim with mental disease jury charge in NJ

LEWDNESS (Victim with mental disease jury charge in NJ

LEWDNESS
(Victim with mental disease or defect)
(N.J.S.A. 2C:14-4b(2))1model jury charge
The defendant is charged with the offense of lewdness, in that he/she is alleged to have(Summarize the appropriate portions of indictment).
The pertinent part of the statute (N.J.S.A. 2C:14-4b(2)) on which this indictment is based reads as follows:
A person commits an act of lewdness if:
He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actors conduct.
Therefore, the elements that the State must prove beyond a reasonable doubt are as follows:
1. That the defendant exposed his/her intimate parts;
2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person;
3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a person with a mental disease or defect; and
4. That the victim, because of (his/her) mental disease or defect, was unable to understand the sexual nature of the defendants conduct.
The first element that the State must prove beyond a reasonable doubt is that the defendant exposed his/her intimate parts. Intimate parts include the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. Specifically, the defendant in this case is charged with exposing(insert facts of case).
1In order to commit fourth degree lewdness, the defendant must expose his genitals for sexual gratification and know or reasonably expect that he is likely to be observed by a person who is under the age of 13 and at least four years younger than the defendant. Moreover, the nudity must be occasioned by the sexual desire of the actor to be observed by a minor who is less than thirteen.State v. Hackett, 166N.J. 66 (2001).LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))Page 2 of 3
2N.J.S.A.2C:2-2b(1).
3The mental element accompanying the defendants act is a critical part of this offense. The State must prove beyond a reasonable doubt that the defendant knew or reasonably expected that (he/she) was likely to be observed by non-consenting persons who could be affronted or alarmed.State v. Zeidell, 154N.J. 417, 430 (1998).
4N.J.S.A.2C:2-2b(2)
The second element that the State must prove beyond a reasonable doubt is that the defendant acted with the purpose of arousing or gratifying the sexual desire of himself/herself or any other person.(If charge is related to gratifying another, insert specifically alleged facts).
A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a persons conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.2
Purpose is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts. It is not necessary for the State to produce a witness to testify that the defendant stated that he/she acted with a particular state of mind. It is within your power to find that proof of purpose has been furnished beyond a reasonable doubt by inferences that may arise from the nature of the acts and circumstances surrounding the conduct in question. The third element that the State must prove beyond a reasonable doubt is that the defendant knew or reasonably expected that he/she was likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the defendants conduct.3Here, the State alleges(Insert applicable facts).
A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if a person is aware that his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/her conduct if a person is aware that it is practically certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts.4LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))Page 3 of 3
Like purpose, knowledge is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts.
The fourth element that the State must prove beyond a reasonable doubt is that the victim of the alleged lewd act was unable to understand the sexual nature of the defendants conduct because of mental disease or defect. In this case, the State alleges that the victim is suffering from .
If you find that the State has proven every element beyond a reasonable doubt, then you must find the defendant guilty. If, however, the State has failed to prove any element beyond a reasonable doubt, then you must find him/her not 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.

LEWDNESS (Victim less than 13 years of age) jury charge in NJ

LEWDNESS (Victim less than 13 years of age) jury charge in NJ

LEWDNESS
(Victim less than 13 years of age)
(N.J.S.A. 2C:14-4b(1))1model jury charge
The defendant is charged with the offense of lewdness, in that he/she is alleged to have(Summarize the appropriate portions of indictment).
The pertinent part of the statute (N.J.S.A. 2C:14-4b(1)) on which this indictment is based reads as follows:
A person commits an act of lewdness if:
He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor
Therefore, the elements that the State must prove beyond a reasonable doubt are as follows:
1. That the defendant exposed his/her intimate parts;
2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person;
3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a child of less than 13 years of age;
4. That the child was less than 13 years of age; and
5. That the defendant was at least four years older than the child.
The first element that the State must prove beyond a reasonable doubt is that the defendant exposed his/her intimate parts. Intimate parts include the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. Specifically, the defendant in this case is charged with exposing(insert facts of case).
The second element that the State must prove beyond a reasonable doubt is that the
1In order to commit fourth degree lewdness, the defendant must expose his genitals for sexual gratification and know or reasonably expect that he is likely to be observed by a person who is under the age of 13 and at least four years younger than the defendant. Moreover, the nudity must be occasioned by the sexual desire of the actor to be observed by a minor who is less than thirteen.State v. Hackett, 166N.J. 66 (2001).LEWDNESS (Victim less than 13 years of age) (N.J.S.A. 2C:14-4b(1))Page 2 of 3
defendant acted with the purpose of arousing or gratifying the sexual desire of himself/herself or any other person.(If charge is related to gratifying another, insert specifically alleged facts).
2N.J.S.A.2C:2-2b(1).
3The mental element accompanying the defendants act is a critical part of this offense. The State must prove beyond a reasonable doubt that the defendant knew or reasonably expected that (he/she) was likely to be observed by non-consenting persons who could be affronted or alarmed.State v. Zeidell, 154N.J. 417, 430 (1998).
4N.J.S.A.2C:2-2b(2).
A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a persons conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.2
Purpose is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts. It is not necessary for the State to produce a witness to testify that the defendant stated that he/she acted with a particular state of mind. It is within your power to find that proof of purpose has been furnished beyond a reasonable doubt by inferences that may arise from the nature of the acts and circumstances surrounding the conduct in question. The third element that the State must prove beyond a reasonable doubt is that the defendant knew or reasonably expected that he/she was likely to be observed by a child under the age of 13.3Here, the State alleges(Insert applicable facts).
A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if a person is aware that his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/her conduct if a person is aware that it is practically certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts.4
Like purpose, knowledge is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts.
The fourth element that the State must prove beyond a reasonable doubt is that the victimLEWDNESS (Victim less than 13 years of age) (N.J.S.A. 2C:14-4b(1))Page 3 of 3
of the alleged lewd act was less than 13 years of age. In this case, the State alleges that the victim was years old.
The fifth element that the State must prove beyond a reasonable doubt is that the defendant was more than four years older than the victim. In this case, the State alleges that the defendant was years old, and again, the victim was years old.
If you find that the State has proven every element beyond a reasonable doubt, then you must find the defendant guilty. If, however, the State has failed to prove any element beyond a reasonable doubt, then you must find him/her not 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.

LEWDNESS (N.J.S.A. 2C:14-4) model jury charge in NJ

LEWDNESS (N.J.S.A. 2C:14-4) model jury charge in NJ

LEWDNESS

(N.J.S.A. 2C:14-4)model jury charge

Charge where applicable as a lesser included offense to indictable crimes under Sexual Offenses chapter of Title 2C.

The indictment charges the defendant with . In the event you find the State has not proven each and every element of this crime to you beyond a reasonable doubt, then you should consider whether the following statute has been violated:

A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted or alarmed.1

In order to establish the guilt of the defendant the burden is upon the State to prove beyond a reasonable doubt each of the following elements of the offense. They are that on(date)in the(place)the defendant committed an act:

1. which was flagrantly (conspicuously bad) lewd and offensive.

Lewd means sexually indecent behavior. Lewd acts shall include (but are not limited to) the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the defendant (or any other person).

Offensive means an act that is grossly vulgar and causing resentment, one which offends common modesty and delicacy.

2. which the defendant knows or reasonably expects is likely to be observed by non consenting persons who would be affronted or alarmed.

(Define Knowledge)

In other words the State must prove that the defendant intended his/her act to be seen or he/she was aware that (it was probable) it would be seen by casual observers if they had looked.

The defendants act must be done knowingly and not accidental and further it must be under circumstances through which the defendant knew his/her conduct would or was likely to

1The statute abandons the limitation of public lewdness and broadens the prohibited activities to private as well as public places relying instead on the circumstances. N.J. Penal Code Commentary. p. 201. But seeState v. Ramos, 203N.J Super206 (Law Div. 1985).LEWDNESS (N.J.S.A. 2C:14-4) Page 2 of 2

cause alarm to those disinterested, casual, non-consenting spectators who would consider the behavior as threatening sexual aggression.

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.

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