MISCHIEF RESEARCH FACILITY PROPERTY 2C:17-3b(3)jury charge

CRIMINAL MISCHIEF RESEARCH FACILITY PROPERTY

N.J.S.A. 2C:17-3b(3)model jury charge

Countof the indictment charges defendant with committing the offense of criminal mischief by[insert aspect[s] of offense alleged in the indictment]. In pertinent part, the indictment alleges that

(Read material part of Countto jury)

Defendant is charged with violating a provision of our law that provides that a person is guilty of criminal mischief ifhe/shedamages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by a research facility or otherwise causes physical disruption to the functioning of the research facility.

In order to convict defendant of this offense, you must find that the State has proved beyond a reasonable doubt each of the following three elements:

1.That(name of location)is a research facility;

2.That defendant damaged/defaced/eradicated/altered/received/released/caused the loss of research property used by(name of research facility);

[OR, IN THE ALTERNATIVE]

2.That defendant caused physical disruption to the functioning of(name of research facility), and

3.That defendant acted purposely, knowingly or recklessly whenhe/shecommitted the[damage/defacement-physical disruption.][1]

The first element that the State must prove beyond a reasonable doubt is that(name oflocation)is a research facility.Research facility means any building, laboratory, institution, organization, school, or person engaged in research, testing, educational or experimental activities, or any commercial or academic enterprise that uses warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education and includes, but is not limited to, any enclosure, separately secured yard, pad, pond, vehicle, building, structure or premises or separately secured portion thereof used for research purposes.[2]

The second element that the State must prove beyond a reasonable doubt is that defendant damaged/defaced/eradicated/altered/received/released/caused the loss of research property used by(name of research facility).

[OR, IN THE ALTERNATIVE/CHARGE AS APPROPRIATE]

The second element that the State must prove beyond a reasonable doubt is that defendant caused physical disruption to the functioning of(name of research facility).Physical disruption means interference, interruption or destruction of any operation of a research facility but does not include any lawful activity that results from public, governmental or research facility employee reaction to the disclosure of information about the research facility.[3]

The third element that the State must prove beyond a reasonable doubt is that defendant acted purposely, knowingly or recklessly whenhe/shecommitted the[damage/defacement - physical disruption].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 defendant acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances or believes or hopes that they exist.[4]In other words, for you to find that defendant acted purposely, you must be satisfied beyond a reasonable doubt that it washis/herpurpose or conscious object to(damage, deface, etc., research property)used by(name of research facility)[or, in the alternative]to cause physical disruption to the functioning of(name of research facility).

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 defendant acts knowingly with respect to a result ofhis/herconduct if defendant is aware that it is practically certain thathis/herconduct will cause such a result.[5]Thus, for you to find that defendant acted knowingly, you must be satisfied beyond a reasonable doubt that defendant knew whathe/shewas doing and that defendant was aware that the nature ofhis/herconduct and the attendant circumstances were such as to make it practically certain that defendants conduct would(damage, deface, etc., researchproperty)used by(name of research facility)[or, in the alternative]would cause physical disruption to the functioning of(name of research facility).

A person acts recklessly whenhe/sheconsciously disregards a substantial and unjustifiable risk.A conscious disregard requires that defendant actually be aware of the risk, but thathe/sheignores it anyway.The risk must be of such a nature and degree that, considering the nature and purpose of defendants conduct and the circumstances known tohim/her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the same situation.[6]In other words, for you to find that defendant acted recklessly, you must be satisfied beyond a reasonable doubt that defendant was aware of and disregarded a substantial and unjustifiable risk thathis/herconduct would(damage, deface, etc., research property)used by(name of research facility)[or, in the alternative]would cause physical disruption to the functioning of(name of research facility).

You should understand that purpose, knowledge and recklessness are conditions of the mind.They cannot be seen.They can only be determined by inferences from conduct, words or acts.Therefore, it is not necessary for the State to produce witnesses to testify that defendant stated, for example, thathe/sheacted purposely, knowingly or recklessly whenhe/shedid a particular thing.It is within your power to find that proof of purpose, knowledge or recklessness has been furnished beyond a reasonable doubt by inferences which may arise from the nature of the acts and the surrounding circumstances.The place where the acts occurred and all that was done or said by defendant preceding, connected with, and immediately succeeding the events in question are among the circumstances to be considered.

If you find that the State has failed to prove beyond a reasonable doubt every element of the offense, you must find defendant not guilty.But if you determine that the State has proved beyond a reasonable doubt every element of criminal mischief as have been explained to you, you must find defendant guilty of that offense.

---

[1]N.J.S.A. 2C:17-3b(3) provides two ways in which this form of criminal mischief can be committed.It can occur if defendant (1) damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by a research facility or (2) if defendant otherwise causes physical disruption of the functioning of a research facility.Both of the above are third degree offenses irrespective of the amount of the pecuniary loss suffered by the research facility.

[2]SeeN.J.S.A. 2C:1-14p.

[3]SeeN.J.S.A. 2C:17-3b(3).

[4]SeeN.J.S.A. 2C:2-2b(1).

[5]SeeN.J.S.A. 2C:2-2b(2).

[6]SeeN.J.S.A. 2C:2-2b(3).

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

Miranda Warning, Right to Remain Silent

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complies with. State v Yough, 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) affd per curiam 224 NJ Super. 90 (App. Div. 1988). WHAT IS INTERROGATION? As set forth in NJ Practice , Vol. 32 Criminal Practice and Procedure (West 1998) Section 755, (L. Arnold) in Rhode Island V Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) the United States Supreme Court held that the term "interrogation" under Miranda refers not only to express questioning but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit, an incriminating response from the suspect. It is "an established principle of our federalist system" that states may afford "individual liberties more expansive than those afforded by the federal constitution." State v Novembrino 105 NJ 95, 144-145 (1987). Generally, a statement given by a defendant is not admissible in a criminal case unless the court is satisfied beyond a reasonable doubt that the defendant was informed of his Miranda rights before giving the statement and "in light of all the circumstances attending the confession it was given voluntarily." State v Hampton, 61 NJ 250, 272 (1972). What is at stake is ensuring the use of effective procedural safeguards to secure the right of the Fifth Amendment to the United States Constitution that " no person shall be.... compelled in any criminal case to be a witness against himself," which is now made applicable to state action by the Due Process Clause of the Fourteenth Amendment. However, once informed of his rights " a defendant may waive effectuation of these rights provided the waiver is made voluntarily, knowingly and intelligently." State v Flower 224 NJ Super. 208, 213 (Law Div 1987) affd per curiam 224 NJ Super. 90 (App. Div. 1988). citing Miranda v Arizona 384 US 436, 444, 86 S. Ct 1602, 1612, 16 L. Ed 2d 694 (1966); emphasis in Flowers. In State v Flower 224 NJ Super. 208, 213 (Law Div 1987) affd per curiam 224 NJ Super. 90 (App. Div. 1988), the defendant had a low IQ and limited vocabulary. He gave confessions to police and a confession to DYFS. The court excluded the confession to the police, even though Miranda warnings were given and there was lack of coercion and an admitted waiver of rights by the defendant. The court concluded that since the Defendant could not understand his Miranda rights, he could not waive them. One cannot knowingly and intelligently waive a right that he cannot understand or appreciate. 224 NJ Super. at 216. The court also excluded confessions to a DYFS investigator on the same grounds since she was acting in a law enforcement capacity and failed to inform Defendant of his Miranda rights. Id at 220. Where it is charged that a confession was given under the influence of narcotics or during a withdrawal period, central question of voluntariness remains the same, and the trial court must scrutinize all the pertinent facts attending the confession with particular focus on Defendants demeanor, coherence, articulateness, capacity to full use of his faculties, his memory and his overall intelligence. State v Arcediano 371 F. Supp. 457 (D. NJ 1974); See also Wade v Yeager 245 F. Supp 62 (D. NJ 1964). The State must prove beyond a reasonable doubt that the waiver was made knowingly and intelligently. If the suspect is intoxicated or under the influence of drugs to the point that he cannot understand his constitutional rights, then any waiver is void. If the suspect is suffering from a mental disability which renders him incapable of understanding his constitutional rights, then any waiver is void. The level of mental disability which would render a suspect incapable of understanding his constitutional rights is probably close to the point at which the suspect could be said to be incapable of managing his own affairs. Where circumstances cast doubt on knowing and intelligent quality of alleged waiver of right to counsel, there can be no waiver. State vs. Dickens 192 NJ Super. 290 (App. Div. 1983). Intoxication is grounds to suppress statements. See e.g. Common vs. Brithsher 563 A.2d 502, App granted 575 A.2d 107. (If Defendants intoxication combined to render him incapable of understanding Miranda warning waiver of Miranda rights would be invalid); Common vs. Andel 477 A.2d 13 56 (1984); (Defendants waiver of his Miranda rights was vitiated by his intoxication, his eyes glaring and had a strong odor of alcohol. Statements made by defendant while in custody should suppressed.) The court has always set high standards of proof for the waiver of constitutional rights Johnson vs. Zerbst 304 US 458 58 S. Court 1019, 82 Ed 146 (1938). In Common vs. Hosey 334 NE 2d 44 ( Mass 75 ) the court reversed and remanded a matter where tried judge allowed admission of defendants statement to police where defendant was extremely high, extremely emotional and detected from reality. Due process requires not only that a conviction not be based on an involuntary confession but also that a trial court hold what has become known as a Jackson Denno hearing when a defendant contests the voluntariness of his statement. Miller vs. Dugger 838 F. 2d 1530 ( 11 Cir. 1988) cert. den 486 US 1061. 1085.S. Ct. 2832 100 L. Ed 2d 933 (1988). At the Jackson- Denno hearing and at oral argument, we will explain through cross-examination and witnesses the involuntary nature of any statements the state intends to produce. Custodial interrogation of a suspect must cease if he or she "indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent." Miranda v Arizona, 384 U.S. at 473-474. The suspect need not assert his or her privilege to remain silent with the "utmost of legal precision." State v Johnson 120 N.J. 263, 281 (1990) (quoting State v Bey (I) 112 N.J. 45, 65 (1988)). Silence itself can be deemed to be an invocation of the privilege against self-incrimination. State v Johnson 120 N.J. at 281. A suspects request to terminate questioning must be honored, regardless of how ambiguously or equivocally the request is worded. State v Harvey 121 N.J. 407, 417, 419 (1990) (the defendants statement that he would tell the police about the murder, but first wanted to speak with his father, was held to be an invocation of the privilege), cert. denied, 499 U.S. 931 (1991); State v Bey (I) 112 N.J. 45, 64-65 (1988) (defendants statement that he "did not want to talk about it" deemed to be an invocation of the privilege); State v Bohuk, 269 N.J. Super. 581, 593 (App. Div.) (refusal to respond to even preliminary questions concerning a drunk driving charge must be regarded as an assertion by the defendant of the Fifth Amendment privilege), certif. denied, 136 N.J. 29, cert. denied, 513 U.S. 865, 115 S. Ct. 183, 130 L. Ed. 2d 117 (1994). Once the right to remain silent has been asserted, it must be "scrupulously honored." Michigan v Mosley 423 U.S. 96, 102-103 (1975); State v Adams 127 N.J. 438, 445 (1992); State v Fuller 118 N.J. 75, 81 (1990). Under New Jersey law, once a suspect has invoked his or her right to remain silent, the police must issue a new set of Miranda warnings before questioning may resume. State v Hartley 103 N.J. 252, 267 (1986). Any statement obtained without administering fresh warnings is unconstitutionally compelled and inadmissible. State v Hartley 103 N.J. at 256. Moreover, where the police have not "scrupulously honored" a previous invoked right to silence, readministration of Miranda rights may not necessarily cure the violation, when the second questioning follows so closely on the first as to be part and parcel of a continuos interrogation. State v Heartily 103 NJ. at 280-281; State v Malign 288 NJ. Super. 139, 147 (App. Div. 1996). See also West over v United States 384 U.S. 436, 496-497 (1966). If there is any uncertainty or ambiguity about whether or not a suspect has asserted the right to remain silent, the police must cease asking questions about the crime, State v Dixin 125 N.J. 223, 240-41 (1991), but may question the suspect to clarify if the suspect intends to assert his or her right to remain silent. State v. Harvey 151 N.J. 117, 221 (1997); State v Johnson 120 N.J. at 283. See also State v Harvey 121 N.J. at 418-19. "Only if the suspect [then] makes clear that he is not invoking his Miranda rights should substantive questioning be resumed." State v Wright 97 N.J. 113, 120 n. 4 (1984) (quoting U.S. v Riggs 537 F. 2d 1219 (4th Cir. 1976)); See also State v Bohuk 269 N.J. Super. at 593. Waiver of the right to remain silent must be knowing, intelligent and voluntary. Miranda v Arizona 384 U.S. at 463-466; State v Hartley 103 N.J. at 260. The question of waiver is to be determined on a case by case basis, taking into account, among other circumstances, the background, experience, and conduct of the accused. North Carolina v Butler 441 U.S. 369, 374-375 (1979); State v Kennedy 97 N.J. 278, 286 (1984). The State bears the heavy burden of proof to show beyond a reasonable doubt that a defendant has waived his or her right against self-incrimination, State v Reed 133 N.J. at 251; State v Bey (II) 112 N.J. 123, 135 (1988), in contrast to the federal preponderance of the evidence standard. Colorado v Connelly 479 U.S. 157, 165 (1986). State v Hartley 103 N.J. at 260. The issue of waiver arises only if the police have scrupulously honored the suspects right to silence once invoked, or if the suspect never invoked his or her Miranda rights. State v Adams 127 N.J. 438, 445-446 (1992); State v Hartley 103 N.J. at 261. Misrepresentations by police officers during the course of questioning a suspect, by themselves, are not generally sufficient to justify a finding of involuntariness or lack of knowledge. However, misrepresentations by police officers are relevant in analyzing the totality of the circumstances. If the misrepresentations by the police officer actually induced the confession or waiver, the defendants statements will be deemed to be involuntary. State v Cooper 151 N.J. 326, 355 (1997); State v Chew 150 N.J. 30, 66 (1997). Under New Jersey State law, "[t]he State must prove the voluntariness of a confession beyond a reasonable doubt." State v. Galloway 133 N.J. at 654; State v Kelly 61 N.J. 283, 294 (1972). In contrast, the federal burden of proof for voluntariness of a confession is by a preponderance of the evidence. Lego v Twomey 404 U.S. 477, 489 (1972). Further, unlike federal law, New Jersey law requires that the voluntariness issue be demonstrated by admissible evidence. Compare N.J.R.E. 104(c) with Fed. R. Evid. 1101(d)(1); See State v Cavallo 88 N.J. 508, 526, 529 (1986). It should be noted that even if the State establishes the admissibility of a defendants confession, it must still adduce independent proof of facts and circumstances to corroborate the confession, plus independent proof of the crime. State v Maben 132 N.J. 487, 491, 502 (1993); State v Johnson 31 N.J. 489, 502-503 (1960). 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 - 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. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

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

Miranda Applies Not Only upon Arrest, but Also upon Custodial Interrogation

Miranda applies not only upon arrest, but also upon custodial interrogation

It is fundamental that Miranda Warnings are required when a person is subject to custodial interrogation. Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L. Ed.2d 694, 706 (1966).

Custodial interrogation has been defined as questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. Id.

In State v. Cunningham, 153 N.J. Super. 350, 352-353, (App. Div. 1977), the Court (citingPeople v. Stewart, 62 400 P.2d 97, 102 (1965)), said:

The test ... does not propose a determination of the actual intent or subjective purpose of the police in undertaking the interrogations but a determination based upon the objective evidence.

A defendant is in custody for purposes of Miranda if the actions of the interrogating officers and the surrounding circumstances, fairly construed, would reasonably lead a detainee to believe he was not free to leave. State v. Barnes, 54 N.J. 1, 6 (1969) cert. den. 396 U.S. 1029, 90 S. Ct. 580, 24 L.Ed.2d 525 (1970). As such, the inquiry has been characterized as an objective reasonable man test. Id.

The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complies with. State v Yough, 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) affd per curiam 224 NJ Super. 90 (App. Div. 1988).

Absent Miranda Warnings to a defendant who is in custody, the prosecution may not use a defendants answers to questions. State v. Hartley, 103 N.J. 252, 275 (1986). A valid waiver of a defendants constitutional rights must be made voluntarily, knowingly, and intelligently - the State bears that burden of that proof beyond a reasonable doubt. Miranda v. Arizona, supra, 384 U.S. at 444, 86 S.Ct. at 1612, State v. Bey, 112 N.J. 123, 134 (1988)

WHAT IS INTERROGATION?

As set forth in NJ Practice , Vol. 32 Criminal Practice and Procedure (West 1998) Section 755, in Rhode Island V Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) the United States Supreme Court held that the term interrogation under Miranda refers not only to express questioning but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit, an incriminating response from the suspect.

It is an established principle of our federalist system that states may afford individual liberties more expansive than those afforded by the federal constitution. State v Novembrino 105 NJ 95, 144-145 (1987).

Generally, a statement given by a defendant is not admissible in a criminal case unless the court is satisfied beyond a reasonable doubt that the defendant was informed of his Miranda rights before giving the statement and in light of all the circumstances attending the confession it was given voluntarily. State v Hampton, 61 NJ 250, 272 (1972). What is at stake is ensuring the use of effective procedural safeguards to secure the right of the Fifth Amendment to the United States Constitution that no person shall be.... compelled in any criminal case to be a witness against himself, which is now made applicable to state action by the Due Process Clause of the Fourteenth Amendment. However, once informed of his rights a defendant may waive effectuation of these rights provided the waiver is made voluntarily, knowingly and intelligently.State v Flower 224 NJ Super. 208, 213 (Law Div 1987) affd per curiam 224 NJ Super. 90 (App. Div. 1988). citing Miranda v Arizona 384 US 436, 444, 86 S. Ct 1602, 1612, 16 L. Ed 2d 694 (1966); emphasis in Flowers.

In State v Flower 224 NJ Super. 208, 213 (Law Div 1987) affd per curiam 224 NJ Super. 90 (App. Div. 1988), the defendant had a low IQ and limited vocabulary. He gave confessions to police and a confession to DYFS. The court excluded the confession to the police, even though Miranda warnings were given and there was lack of coercion and an admitted waiver of rights by the defendant. The court concluded that since the Defendant could not understand hisMiranda rights, he could not waive them. One cannot knowingly and intelligently waive a right that he cannot understand or appreciate. 224 NJ Super. at 216. The court also excluded confessions to a DYFS investigator on the same grounds since she was acting in a law enforcement capacity and failed to inform Defendant of his Miranda rights. Id at 220.

Where it is charged that a confession was given under the influence of narcotics or during a withdrawal period, central question of voluntariness remains the same, and the trial court must scrutinize all the pertinent facts attending the confession with particular focus on Defendants demeanor, coherence, articulateness, capacity to full use of his faculties, his memory and his overall intelligence. State v Arcediano 371 F. Supp. 457 (D. NJ 1974); See also Wade v Yeager245 F. Supp 62 (D. NJ 1964).

The State must prove beyond a reasonable doubt that the waiver was made knowingly and intelligently. If the suspect is intoxicated or under the influence of drugs to the point that he cannot understand his constitutional rights, then any waiver is void. If the suspect is suffering from a mental disability, which renders him incapable of understanding his constitutional rights, then any waiver is void. The level of mental disability which would render a suspect incapable of understanding his constitutional rights is probably close to the point at which the suspect could be said to be incapable of managing his own affairs.

Where circumstances cast doubt on knowing and intelligent quality of alleged waiver of right to counsel, there can be no waiver. State vs. Dickens 192 NJ Super. 290 (App. Div. 1983).

Intoxication is grounds to suppress statements. See e.g. Common vs. Brithsher 563 A.2d 502, App granted 575 A.2d 107. (If Defendants intoxication combined to render him incapable of understanding Miranda warning waiver of Miranda rights would be invalid); Common vs. Andel 477 A.2d 13 56 (1984); (Defendants waiver of his Miranda rights was vitiated by his intoxication, his eyes glaring and had a strong odor of alcohol. Statements made by defendant while in custody should suppressed.)

The court has always set high standards of proof for the waiver of constitutional rights Johnson vs. Zerbst 304 US 458 58 S. Court 1019, 82 Ed 146 (1938). In Common vs. Hosey 334 NE 2d 44 ( Mass 75 ) the court reversed and remanded a matter where tried judge allowed admission of defendants statement to police where defendant was extremely high, extremely emotional and detected from reality.

Due process requires not only that a conviction not be based on an involuntary confession but also that a trial court hold what has become known as a Jackson Denno hearing when a defendant contests the voluntariness of his statement. Miller vs. Dugger 838 F. 2d 1530 ( 11 Cir. 1988) cert. den 486 US 1061. 1085.S. Ct. 2832 100 L. Ed 2d 933 (1988).

At the Jackson- Denno hearing and at oral argument, we will explain through cross-examination and witnesses the involuntary nature of any statements the state intends to produce.

Criminal Lawyers Job ABA p40

Issues to determine if defendant was in custody

Was defendant free to leave?

Was defendant put in handcuffs?

Was he in patrol car?

Was he in police station?

Was he free to leave police station?

Was he given Miranda warning?

Respectfully submitted

KENNETH A. VERCAMMEN

ATTORNEY AT LAW

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

Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses

This schedule contains only those motor vehicle offenses that have statutory minimum fines and penalties or those that contain a specified range of minimum/maximum fines and penalties. Motor vehicle offenses that contain only maximum penalties are not included on this list. This chart is designed for quick reference and does not contain every sentencing nuance. Therefore, it is recommended that judges always consult the applicable statute before imposing any sentence. The listed fines do not include court costs. Accordingly, remember to add court costs, up to a maximum of $30.00 (before September 1, 2004) or $33.00 (on or after September 1, 2004), to the appropriate fine. The listed fines also do not include the amount assessed for fines established at N.J.S.A. 39:5-41. As of the date of this chart, the total additional assessments under N.J.S.A. 39:5 41 are $6.00, but reference should be made to this statute to determine the correct amount at the time of sentencing.Traffic Fines, Points and Jail 39:3-9a Failure to notify change in name 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500 39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500 39:3-10 Driving without a license where offender has never been licensed in N.J. or elsewhere Fine or imprisonment for not more than 60 days and $200 no license to issue for at least 180 days $500 39:3-10.18(a) Failure to possess valid commercial driver’s license Fine or imprisonment up to 60 days, or both $250 $500 39:3-10.18(b) Driving a commercial vehicle after driver's license has been suspended 1) Fine or imprisonment up to 90 days, or both none 2) If accident with personal injury to another occurs while violating this section, 90 days imprisonment, $5000 fine and suspension of commercial driving privileges in accordance with N.J.S.A. 39:3-10.20(f) $5000 39:3-10.24 Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to N.J.S.A. 39:3-10.13 First offense: Fine and six month revocation of $250 driver's license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50 $500 39:3-10.24 Refusal to consent to taking samples of breath after arrest for operating commercial vehicle under the influence pursuant to N.J.S.A. 39:3-10.13 Subsequent offense: Fine and 2 year revocation of $250 driver's license, and satisfy the requirements of a program of alcohol education pursuant to N.J.S.A. 39:4-50 $500 39:3-12 Illegal securing of driver’s license Fine or imprisonment for not less than 30 days nor $200 more than 90 days, or both $500 39:3-13.2a Violation of conditions of the special learner's permit, other than conviction of alcohol or drug related offense 39:3-13.8 $100 $100 39:3-20 Weight in excess of limitation permitted by certificate of registration for commercial vehicles Plus $100 per 1000 lbs. or fraction thereof of excess $500 weight none 39:3-20.1 Misuse of registration of empty trucks 39:3-20.2 Fine and suspension or revocation of the privilege $25 $100 39:3-27.11 Misuse of fire department or first aid squad plates 39:3-27.12 $25 $50 39:3-27.17 Misuse of disabled veteran plates 39:3-27.18 $25 $50 39:3-27.21 Misuse of commuter van plates 39:3-27.22 $25 $50 39:3-27.27 Misuse of street rod plates $25 $50 39:3-29 Failure to exhibit documents $150 $150 39:3-35 Lending or misusing registration certificate or plates $25 $50 39:3-37 Falsifying application on examination Fine or imprisonment for not more than 6 months, or both $200 $500 39:3-38 Counterfeiting plate or marker Fine or revocation of driver’s license not exceeding 6 months $50 $100 39:3-38 Using other than issued marker $25 $50 39:3-38 Using counterfeit plate Fine or revocation of driver's license not exceeding 6 months, or both $50 $100 39:3-40 Driving when license refused, suspended, revoked or prohibited (See article at benotguilty.com) 39:3-70.2 Air pollution $25 $100 39:3-76.2a Restraint or booster seat for child under age 8 Fine shall be suspended if defendant can prove possession and use of approved restraint 39:3-76.2d $10 $25 39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20 39:3-76.5 Failure to equip motorcycles with permanent seat and footrests for passenger $50 $100 39:3-79.8 Prohibition of supplying fuel to vehicle without label First offense (penalty may be collected in accordance with N.J.S.A. 2A: 58-10 et seq.)$25 $25 Subsequent offense (penalty may be collected in accordance with N.J.S.A. 2A:58-10 et seq.) $50 $50 39:3-80 Vehicle with inferior tires First offense $50 $100 Subsequent offense $100 $200 39:3-81 Tires fitted with projections (penalty may be collected in accordance with N.J.S.A. 2A:58-10 et seq.) $25 $50 39:3-84.3(i) Violation of dimensional limitations $150 $500 39:3-84.3(j) Violation of weight limitations Fine an amount equal to $0.02 per pound for each $50 pound of the total excess weight provided the total excess weight is 10,000 Ibs. or less, or shall be fined an amount equal to $0.03 per pound for each pound of the total excess weight provided that the total excess weight is more than 10,000 lbs., but in no event should the fine be less than $50 39:3-84.3(l) Violation of designated routes First offense none $400 Second offense $700 $700 Subsequent offense $1000 $1000 39:3B-25 School bus driver using cell phone $250 $500 39:4-14.10 Electric personal assistive mobility device violations 39:4-14.11 First offense: Warning No Fine 39:4-14.10 39:4-14.11 Second offense $10 $10 39:4-14.10 Third or subsequent offense, requires court to none impound the device for not more than 30 days. A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violation. 39:4-48 Operating or using a vehicle without consent of owner $100 minimum 39:4-49 Tampering with vehicle First offense $10 $50 Subsequent offense: Fine or imprisonment not exceeding 30 days, or both $50 $100 39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substance- Fine and 2 years suspension of driver's license $50 Plus MVC/DMV restitution fee; plus additional car insurance eligibility points. 39:4-50 Operating under the influence (See DWI article at benotguilty.com) 39:4-50.4a Refusal to undergo breathalyzer test (See Refusal article at benotguilty.com) 39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .08% and is under the legal age to purchase alcoholic beverages Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4- 50, or any other law 39:4-51a Consumption of alcoholic beverage by operator passenger First offense $200 $200 Second or subsequent offense: Fine or 10 days community service $250 $250 39:4-51b Possession of open container of alcohol in passenger compartment First offense $200 $200 Subsequent offense: Fine or community service for 10 days $250 $250 39:4-52 Racing on highway First offense $25 $100 Subsequent offense $100 $200 5 DMV points, 5 car insurance points 39:4-53 Leaving vehicle with engine running $10 $25 39:4-56.1 Willful abandonment of motor vehicle to obstruct traffic Fine and suspension of driver’s license not less than 1 year nor more than 5 years $200 $500 Subsequent offense: Fine and suspension of driver's license for 5 years $500 $1000 39:4-56.5 Abandonment of motor vehicle First offense: Fine and license or driving privileges may be suspended or revoked for not more than 2 years $100 $500 Subsequent offense: Fine and license or driving privileges may be suspended or revoked for a period of not more than 5 years $500 $1000 39:4-56.8 Failure of towing service to tow disabled vehicle $25 $50 39:4-63 Placing, throwing, or depositing injurious substances on highway Fine and may forfeit right to operate a motor vehiclefor 30 days $100 $500 39:4-64 Throwing or dropping debris from a vehicle $200 $1000 39:4-66.2 Operation of motor vehicle on public or private property to avoid traffic signal Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three year 39:4-76 Driving overweight vehicle on interstate bridge $0.02 per pound for each pound of excess weight if the excess does not exceed 10,000 pounds, and $0.03 per pound for each pound of excess weight if the excess weight exceeds 10,000 pounds, but in no event less than $50.00. In addition, the owner of the vehicle shall be responsible for damages to the bridge $50 none 39:4-77.1 Snow or ice falling off moving vehicle- noncommercial vehicle $200 $1000 39:4-77.1 Snow or ice falling off moving vehiclecommercial vehicle $500 $1500 39:4-80 Failure to obey directions of officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years 39:4-81 Failure to obey traffic control device 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years 39-:4-82 Failure to keep right 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years 39:4-82.1 Failure to drive on right-hand roadway 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years 39:4-83 Failure to keep to right at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and violation stays on MVC/DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years 39:4-84 Failure to pass to right when proceeding in opposite direction Fine or imprisonment not exceeding 15 days, or both $50 $200 5 MVC/DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license. 39:4-85 Failure to pass to left when overtaking Fine or imprisonment not exceeding 15 days, or both $50 $200 4 MVC/DMV points and 4 additional car insurance points. Also, Judge/Magistrate can suspend Driver's license. 39:4-85.1 Wrong way on one-way street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points, usually for three years. 39:4-86 Failure to overtake and pass properly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 4 MVC/DMV points and 4 additional car insurance points. 39:4-87 Failure to give overtaking vehicle right of way 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-87.1 Failure to yield to bus Fine or imprisonment not exceeding 15 days, or both (effective 8/1/04)39:4-203 $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-88 Failure to drive properly in marked lanes 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-89 Following vehicle too closely 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 5 MVC/DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license. 39:4-90 Failure to yield right of way at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-90.1 Entering or leaving limited access highways improperly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-91 Failure to yield right of way to emergency vehicles 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-92.1 Following fire department vehicle too closely back to fire station 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-94 Train unnecessarily blocking highway 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60 days, or both $50 $200 Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both $100 $500 5 MVC/DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license. 39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-97a Motor vehicle operation causing property damage 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-97.1 Slow speed as to block traffic 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property First offense; $250 surcharge (for offenses occuring on or after July 1, 2004) $50 $150 Second offense; $250 surcharge (for offense occuring on or after July 1, 2004) $100 $250 Third or subsequent offense; $250 surcharge (for offenses occuring on or after July 1, 2004) $200 $500 39:4-97.3 Operating a motor vehicle while using a cell phone 39:4-97.3(d) Effective July 1, 2004 $100 $250 39:4-98 Speeding- Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points, 30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license for speeding. Also, in 65 mph zone, fines are doubled 39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points. 39:4-116 Failure to make proper turn at arrow 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-117 Special pedestrian interval; pedestrian violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-117 Special pedestrian interval; motorist violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-119 Failure to observe flashing traffic signals 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-122 Failure to obey whistle of police officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points. 39:4-124 Failure to turn as indicated by buttons or markers at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points. 39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 3 MVC/DMV points and 3 additional car insurance points. 39:4-126 Failure to signal before starting, turning or stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 3 additional car insurance points. 39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-127.1 Failure to stop at railroad crossings 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-127.2 Failure to stop at approaches to movable span bridges 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 additional car insurance points. 39:4-128.1 Passing school bus while picking up or discharging- First offense: Fine or imprisonment not exceeding 15 days or 15 days community service, or both $100. Community service may be collecting trash cans or working at recycling center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $250 none 5 MVC/DMV points and 5 additional car insurance points. 39:4-129(a) Leaving the scene of accident involving injury or death- First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction $2500-$5000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person. 39:4-129(b) Leaving the scene of accident involving damages to attended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200-$400. Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400-$600 2 MVC/DMV points and 2 car insurance points. 39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction. $400-$600 2 MVC/DMV points and 2 car insurance points 39:4-130 Failure to report accident $30 $100 39:4-132 Failure of repairman to report damages Fine or imprisonment not less than 30 days nor more than 90 days, or both $100 $500 39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 2 MVC/DMV points and 2 car insurance point 39:4-145 Failure to yield to a line of vehicles entering stop or yield intersection after stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200 39:4-207.9 Failure to maintain handicapped parking space $200 $500 39:4-208 Improper traffic & parking on State property 39:4-209 $1 $15 39:4-208 Altering, conterfeiting or misuse of State parking permits 39:4-209 none $50 39:6B-2 Failure to carry motor vehicle insurance coverage First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year $300 $1000 Subsequent offense: Fine and shall be subject to 14 none days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction $5000 39:8-18 Affixing approval sticker without reinspection or conformity to standards First offense: Fine and suspension of re-inspection center’s license for at least 1 year but not more than 3 years $1000 $1500 Subsequent offense: Fine and permanent revocation of reinspection center's license $2000 $3500 39:9-2 Commercial driver exceeding maximum permitted on-duty hours First offense: If default in payment of fine, defendant shall be imprisoned for not more than 5 days 39:9-4 $25 $25 Subsequent offense: If default in payment of fine, defendant shall be imprisoned for not more than 10 days $25 $50 39:10-10 Failure to deliver certificate of ownership $25 $25 39:10-12 False application for a duplicate certificate of ownership Fine or imprisonment not exceeding 30 days, or both $200 $500 39:10B-2 Identification of motor component parts: Violation of record maintenance requirements Fine or imprisonment not exceeding 90 days, or both. $25 $100 39:11-3 Operating a junk yard without a license 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100 39:11-9 Failure of junk yard owner to certify the condition of vehicles sold 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100 39:12-2 Operating a driving school without a license First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500 39:12-2.1 Failure of driving school instructor to receive required training First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500 39:12-5 Driving school employing an unlicensed instructor First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500 39:12-11 Driving school failing to keep records First offense: Fine or imprisonment not less than 10 days nor more than 30 days, or both 39:12-12 $100 $250 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 3 months, or both $250 $500 39:12-15 Failure to wear seat belts in driver's school (instructor and student) First offense $25 $25 Subsequent offense $50 $50 .NJ.A.C. 13:19-10.2 Point Accumulation; period of suspension (a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule: POINTS ACCUMULATED PERIOD OF SUSPENSION 12 to 15 points in a period of two years or less; 30 days 16 to 18 points in a period of two years or less; 60 days 19 to 21 points in a period of two years or less; 90 days 22 to 24 points in a period of two years or less; 120 days 25 to 27 points in a period of two years or less; 150 days 28 or more points in a period of two years or less; not less than 180 days 15 to 18 points in a period greater than two years; 30 days 19 to 22 points in a period greater than two years; 60 days 23 to 26 points in a period greater than two years; 90 days 27 to 30 points in a period greater than two years; 120 days 31 to 35 points in a period greater than two years; 150 days 36 or more points in a period greater than two years; not less than 180 days 12 to 14 points in a period greater than two years; 30 days (b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.

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

Middlesex Municipal Court Prosecutors 2009

Carteret Thomas Downs  Patricia Colligan Dunellen Miles Winder East Brunswick William Shipers  Jeremy Solomon Edison Joseph Lombardi  Maxwell Billek  Charyn Atlas Helmetta   Highland Park Patrick Bradshaw Jamesburg Chris Rafano Metuchen Marc Woliansky Middlesex Boro Melissa Tong Milltown Robert Seguin Monroe Bernard Skip Shihar New Brunswick  Bob Goodwin North Brunswick Lorraine Nielson, , Dave L Old Bridge W. Lane Miller Perth Amboy  John Cassese Piscataway Tom Lanza  John Kawczynski Plainsboro/Cranbury Daniel J. Graziano, Jr./Sahbra Jacobs Sayreville Robert Blanda South Amboy Thomas E. Downs IV South Brunswick Jeremy Solomon /Melissa Tong South Plainfield Tom Lanza South River David Stahl Spotswood Lorraine Nielson                     Woodbridge Harold Parra  Norma Murgado/Robert Carroll  Chris Rafano/  John Shaunessy rev. 1/13/2009    Middlesex Mun Prosecutors List by Ken Vercammen, Past Chair- Municipal Court Practice Section of NJ State Bar Association Please fax any revisions to Kenneth Vercammen, Esq. at 732-572-0030. Thank you

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