INFERENCES ‑ THEFT 2C:20‑7(b)) in NJ
INFERENCES ‑ THEFT BY RECEIVING STOLEN PROPERTY
(N.J.S.A. 2C:20‑7(b))model jury charge
I
have previously instructed you that the third element which the State
must prove beyond a reasonable doubt is that the defendant either knew
that the property was stolen or believed that it had probably been
stolen at the timehe/shereceived the property (or brought the property into the State).
You may infer that defendant had this requisite knowledge or belief if you find
(Charge whichever alternative(s) is/are appropriate)
(1)Defendant was found in possession or control of two or more items of property stolen on two or more separate occasions,
or
(2)Defendant has received stolen property in another transaction within the year preceding the transaction charged,
or
(3)Defendant
was a person in the business of buying or selling property of the sort
received and acquired the property without having ascertained by
reasonable inquiry that the person from whomhe/sheobtained it had a legal right to possess and dispose of it,
or
(4)Defendant was found in possession of two or more defaced access devices.[1]
An
inference is a deduction of fact that may be drawn logically and
reasonably from another fact or group of facts established by the
evidence. Whether or not an inference should be drawn is for you to
decide using your own common sense, knowledge and everyday experience.
Ask yourselves is it probable, logical and reasonable. However, you are
never required or compelled to draw an inference. You alone decide
whether the facts and circumstances shown by the evidence support an
inference and you are always free to draw or not to draw an inference.
If you draw an inference, you should weigh it in connection with all the
other evidence in the case, keeping in mind that the burden of proof is
upon the State to prove all the elements of the crime beyond a
reasonable doubt.[2]
[1]Access
device means property consisting of any telephone calling card number,
credit card number, account number, mobile identification number,
electronic serial number, personal identification number, or any other
data intended to control or limit access to telecommunications or other
computer networks in either human or computer readable form, either copy
or original, that can be used to obtain telephone service.N.J.S.A. 2C:20-1(s).
Defaced
access device means any access device, in either human readable or
computer readable form, either copy in any manner from its original
configuration.N.J.S.A. 2C:20-1(t).
[2]Direct and circumstantial evidence should be charged first.
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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 record3. 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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