New Jersey Municipal Court and Criminal Interview Form

New Jersey Municipal Court and Criminal Interview Form

Click here to download this Form as a  Microsoft Word file. Click here to download this Form as a  Text file. PLEASE FILL OUT BOTH PAGES OF OUR CONFIDENTIAL INTERVIEW FORM AND FAX OVER TO OUR OFFICE at FAX # (732) 572-0030. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 WOODBRIDGE AVENUE EDISON, NJ 08817 732-572-0500 PLEASE PRINT NAME ____________________________________________________ ADDRESS _________________________________________________ CITY _______________________ STATE ____ ZIP ______________ CELL #(_____)_________________ PHONE-DAY(____)________________ NIGHT (______)_________________ TODAYS DATE ____/_____/_____ E-MAIL ________________________ Referred By: __________________________________ If referred by a person, is this a client or attorney? CHARGES/TICKETS ISSUED [provide tickets, hearing notice and other important papers to front desk to be copied] 1. ____________________________________________________ 2. ____________________________________________________ 3. ____________________________________________________ 4. ____________________________________________________ IMPORTANT INFORMATION Date of Offense: __________________ Time: _____ (A.M./P.M.) Your Age _____ Town: ___________________________ (street/location)?________________________ What Happened: ______________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Write additional details on the back of this page. Other Persons Arrested or Witnesses: _______________________________________________________________________ co-defendant/ Witness Name Their Address Phone No. _______________________________________________________________________ Name Address Phone No. What statements did you give to the police? ____________________________________ ________________________________________________________________________ ________________________________________________________________________ Occupation: _____________ Employer: _______________ Town: ________ Do you need your drivers license for work? _______ Distance driven to work: _______ Prior criminal convictions or arrests (include description of each charge, date of conviction, and place of conviction. If none, write none): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Prior motor vehicle convictions, town and  year(ex: drunk driving, no insurance, driving while suspended, etc. If none, write none): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Prior Traffic ticket downgrades to no point tickets since 1999 [39:4-97.2]: 1. Town _______________________ Year ___________ [if none, write none] 2. Town _______________________ Year ___________ [Please note the DMV/MVC only permits 2 "no point" downgrades in 5 years.] What questions do you have/ how can we help you and anything else important: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ All new clients are entitled to receive our Free Email Newsletter featuring updates in Traffic Law, Criminal and Personal Injury. All paid clients receive a T-shirt upon request. This page must be filled out before meeting with the attorney. Thank you. YOU MUST FILL OUT ALL THE PREVIOUS QUESTIONS PRIOR TO SEEING THE ATTORNEY. Thank you for contacting Kenneth  Vercammen &  Associates, PC for representation in  a Municipal Court matter. Legal Services To Be Provided- Please read! 1. Office consultation with client 2. Preparation of statement to provide  legal services [ retainer agreement ] setting forth fees and work to be performed; 3. Offer sound legal advice to client; 4. Preparation of letter of representation to Municipal Court after fee paid; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Review documents supplied by client and court; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file and client may have free client case folder, Municipal Court brochure, DMV  points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Follow up with Municipal Prosecutor for discovery if suspension or jail is likely; 11. Prepare defense and mitigating  factors; 12. Miscellaneous correspondence, drafting of brief/ pleadings if needed; 13. Review Court hearing notice and send letter to client to remind them of hearing 14. Travel to Municipal Court and Representation  in Municipal Court. 15. Preparation of End of Case Letter with client questionnaire. 16. Free Brochures provided on other legal topics such as Personal Injury, Workers Comp, Wills, Probate and other matter we help clients 17. Free subscription to monthly e-mail newsletter providing legal updates and Invitations to client socials 19. Answer specific questions after the case is over 18. Free T-shirts, Can Koozie, Water bottle for clients - Please ask. 20 Free Magnets, USA Keychains, USA Flag Calendar We will review and research necessary statutes and caselaw, speak with the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services and at all times will  seek to achieve solutions which are just and reasonable for you. Legal Fees. Fees are to be paid at initial consultation (today). Fees must be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth  Vercammen  Law Office today. Fees must be paid in full prior to a Letter of Representation being sent to the Court. Neither this office nor other area  attorneys accept payment plans if the fees are less than $2,500. Fees are not reduced and not negotiable. Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid in full What you should do: After you have retained [paid] your attorney, call the court, plead not guilty. In traffic tickets, the phone number is on the back of the ticket. Judges will often ask you how  many tickets  you have had in the past 5 years. You want to be accurate with your response. In traffic matters we  recommend you contact DMV, now Motor Vehicle Commission and obtain a drivers license  abstract. Call 888-486-3339 or 609-292-6500. Please note the DMV/MVC only permits 2 "no point" downgrades in 5 years. If you have 2 downgrades to unsafe driving 39:4-97.2, you must wait 5 years for another downgrade to unsafe driving 39:4-97.2. If you do not  wait 5 years, the MVC computer will impose 4 points  against you. Write your notes on the back of this  paper during  your interview [Mun Ct Questionnaire-rev 5/7/08 Non cl- G3]

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