Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal
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| Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal State v. Valentine 373 NJ Super. ___
(App. Div. 2005) |
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Defendant
sought reversal of his conviction of simple assault because the private
attorney who prosecuted the case in municipal court failed to file a
certification, required by R. 7:8-7(b), that would address the concerns
expressed in State v. Storm, 141 N.J. 245 (1995), thus precluding the
municipal judge from determining whether there was "good cause" for the
private prosecution. The court rejected the state's argument that
defendant's failure to show he was prejudiced may excuse this structural
defect in the municipal proceedings, and reversed. |
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Hire
a Trial Attorney To Represent You If Charged With a Criminal Or Serious
Motor Vehicle Matter Kenneth Vercammen's Law office represents
individuals charged with criminal, drug offenses, and serious traffic
violations throughout New Jersey. Our office also helps people with
traffic/municipal court tickets including drivers charged with Driving
While Intoxicated, Refusal and Driving While Suspended. Criminal and
Motor vehicle violations can cost you. You may have to pay high fines in
court or receive points on your drivers license. An accumulation of too
many points, or certain moving violations may require you to pay
expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or
have your license suspended. Don't give up!
The Law Office of
Kenneth Vercammen can provide experienced attorney representation for
criminal and motor vehicle violations. When your job or driver's license
is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC
surcharges and car insurance increases, you need excellent legal
representation. The least expensive attorney is not always the answer.
Schedule a free in-office consultation if you need experienced legal
representation in a traffic/municipal court matter.
Our website
benotguilty.com provides information on traffic offenses we can be
retained to represent people. Our website also provides details on jail
terms for traffic violations and car insurance eligibility points. Car
insurance companies increase rates or drop customers based on moving
violations. Call the Law Office of Kenneth Vercammen at 732-572-0500 to
schedule a free in-office consultation to hire a trial attorney for
Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. |
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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
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