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/

Monday, May 9, 2016

N.J.S.A. 2C:17-6a) model jury charge



CERTAIN ALTERATIONS OF MOTOR VEHICLE TRADEMARKS, IDENTIFICATION NUMBERS, PROHIBITED(N.J.S.A.2C:17-6a)model jury charge
Count _________ of the indictment charges the defendant with altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark] in violation of a statute which provides as follows:
A person who removes, defaces, alters, changes, destroys, covers or obliterates any trademark, distinguishing or identification number, serial number or mark on or from any motor vehicle for an unlawful purpose, is guilty of a crime. . .
In order for the defendant to be found guilty of altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark], the State must prove the following elements beyond a reasonable doubt:
(1)that the defendant purposely [removed] [defaced] [altered] [changed] [destroyed] [covered] [obliterated] any [trademark] [distinguishing or identification number] [serial number or mark] on or from any motor vehicle; and
(2)that the defendant did so for an unlawful purpose.
The first element the State must prove beyond a reasonable doubt is that the defendant purposely [removed] [defaced] [altered] [changed] [destroyed] [covered] [obliterated] any [trademark] [distinguishing or identification number] [serial number or mark] on or from any motor vehicle.A motor vehicle includes motor bicycles, motorcycles, automobiles, trucks, tractors or other vehicles designed to be self-propelled by mechanical power, and otherwise than by muscular power, except motor vehicles running upon or guided by rails or tracks.[1]
A person acts purposelywith respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious object to engage in conduct of that nature or to cause such a result.A person acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances or believes or hopes that they exist.With purpose, designed, with design, or equivalent terms have the same meaning.
Purpose is a condition of the mind that cannot be seen and can only be determined by inferences drawn from the defendants conduct, words or acts.It is not necessary for the State to prove the existence of such a mental state by direct evidence such as a statement by the defendant thathe/shehad a particular purpose.It is within the power of the jury to find that the proof of purposehas been furnished beyond a reasonable doubt by inferences which you may draw from the nature of the acts and circumstances surrounding the conduct of the defendant as they have been presented in the evidence you have heard and seen in this case.
The second element the State must prove beyond a reasonable doubt is that the defendant did so for an unlawful purpose.I have already defined purpose for you.In this case, the State contends that the defendants unlawful purpose in [removing] [defacing] [altering] [changing] [destroying] [covering] [obliterating] the [trademark] [distinguishing or identification number] [serial number or mark] on or from the motor vehicle was _____________________________________________.
[Defendant, onthe other hand, contends thathis/herpurpose in performing the act(s) with whichhe/sheis charged was ___________________________________________________.]
If the State has failed to prove any of the elements beyond a reasonable doubt, you must find the defendant not guilty of altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark].If the State has proven every element beyond a reasonable doubt, you must find the defendant guilty of the crime of altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark].


[1]N.J.S.A.2C:17-6c.
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;

1 comment:

Jenny Simes said...

I only want to throw firecrackers, but also throwing bombs. They threw firecrackers in order to attract the attention of others, confuse the enemy; throwing bombs is my real purpose. However, I can not tell you when I threw firecrackers, when throwing bombs. The game is to falsehoods, so just happy. If you feel pain in the game, it means you play the wrong.
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