Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Tuesday, May 31, 2016

Needle Exchange Prohibited. State v. Atlantic City 379 NJ Super. 515 (App. Div. 2005)


Needle Exchange Prohibited. State v. Atlantic 
City 379 NJ Super. 515 (App. Div. 2005)

The Atlantic City ordinance establishing a needle
exchange program, under which municipal
officials are authorized to distribute sterile
hypodermic syringes to drug addicts for use in
injecting drugs, conflicts with and therefore is
pre-empted by the provisions of the Code of
Criminal Justice that prohibit persons from using
or assisting others in using controlled dangerous
substances.

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.
Finesand 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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