Disorderly arrests at Jersey Shore
towns and bars and legal representation
Kenneth Vercammen’s Law Office represents
people charged with criminal and Municipal Court offenses. We provide
representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face high fines, jail,
Probation and other penalties. Don’t give up! Our Law Office can provide experienced
attorney representation for criminal violations. We also help represent persons
who are injured at bars and restaurants.
Our website www.njlaws.com provides information on
criminal offenses we can be retained to represent people.
2C:12-1. Assault. a. Simple assault. A person
is guilty of assault if he:
(1)Attempts to cause or purposely, knowingly or recklessly causes bodily
injury to another; or
(2)Negligently causes bodily injury to another with a deadly weapon; or
(3)Attempts by physical menace to put another in fear of imminent serious
bodily injury.
• Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6-month maximum max
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and
other penalties
Disorderly-
fines: 2C: 43- 3 $1,000 Fine maximum
There are dozens of other penalties a court
can impose, depending on the type of matter.
Resisting Arrest: Eluding Officer
It is a criminal offense in the State of New
Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer
from effecting a lawful arrest.
• A crime of the fourth degree.
•
Indictable Crime Penalties [Felony type] [ Superior Court]
•
• Jail potential Fine max Probation
•
• 1st degree 10- 20 years $200,000 [presumption
of jail]
•
• 2nd degree 5-10 years $150,000 [presumption
of jail]
•
• 3rd degree 3- 5 years $15,000 1
year- 5 year
•
• 4th degree 0- 18 months $10,000 1
year- 5 year
Hindering Apprehension or
Prosecution (2C:29-3)
A person commits an offense if
with purpose to hinder the detention, apprehension, investigation, prosecution,
conviction, or punishment of another for any crime or motor vehicle violation.
• Depending on the
circumstances, a crime of the third degree, fourth degree, or a disorderly
persons offense.
Disorderly
conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons
offense, if with purpose to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof he
(1) Engages in
fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a
hazardous or physically dangerous condition by any act, which serves no
legitimate purpose of the actor.
b.
Offensive language. A person is guilty of a petty disorderly persons offense
if, in a public place, and with purpose to offend the sensibilities of a hearer
or in reckless disregard of the probability of so doing, he addresses
unreasonably loud and offensively coarse or abusive language, given the
circumstances of the person present and the setting of the utterance, to any
person present.
“Public”
means affecting or likely to affect persons in a place to which the public or a
substantial group has access; among the places included are highways, transport
facilities, schools, prisons, apartment houses, places of business or amusement,
or any neighborhood.
· Petty
Disorderly person - 30 days jail maximum
Petty DP $500 max Fine, VCCB
and other penalties
Sometimes an experienced attorney can negotiate with the prosecutor to have
the charges reduced to a Municipal Ordinance. Other times for first offenders
we can make a motion for the first offenders program, Conditional dismissal.
New law finally establishes a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly
Judiciary Committee.
The Conditional
Dismissal program in Municipal Court for certain first-time offenders permits
defense counsel to make a Motion that the charge would be dismissed at the end
of a one year probationary period.
“This initiative
will give a broader range of first-time offenders who have committed a minor
offense an opportunity to turn their lives around,” “The program will help foster participants’
rehabilitation and future success by giving them appropriate penalties without
having the offense be a part of their permanent criminal record.” This law also
helps Police and Prosecutors since it requires a guilty plea, thus reducing the
need for trials and officer testimony.
The law allows
discharge for many non-drug offenses, such as disorderly person’s offenses,
which have not been able to participate in similar programs before.
“First-time
offenders who are screened to meet the eligibility requirements will be able to
use the program to avoid having a record that cannot be expunged until years
after the sentence is served,” “The
legislation will also help courts efficiently adjudicate cases without costly
logjams.”
Possession, Use or Being Under
the Influence, or Failure to Make Lawful Disposition (2C: 35-10)
It is a criminal offense for any person knowingly or purposely, to obtain,
or to possess actually or constructively, a controlled dangerous substance or
controlled substance analog.
• Depending on the
circumstances, a crime of third degree, fourth degree, or a disorderly persons
offense.
Drug offenses: in addition to above penalties, mandatory minimum $500
DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6
month- 2 year loss of license, Probation, drug testing and other penalties. If
attorney’s Conditional Discharge motion is granted for first time offender.
penalty can be reduced. In certain drug cases, the fine can be up to $75,000.
Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of
certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle
over the highways of this State for a period to be fixed by the Court at not
less than 6 months or more than 2 years which shall commence on the day the
sentence is imposed.
There are dozens
of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html
2C:33-15 Underage Possession/Consumption Alcohol
a. Any person under the legal age to purchase
alcoholic beverages who knowingly possesses without legal authority or who knowingly
consumes any alcoholic beverage in any school, public conveyance, public place,
or place of public assembly, or motor vehicle, is guilty of a disorderly
persons offense, and shall be fined not less than $500.00.
b. Whenever this
offense is committed in a motor vehicle, the court shall, in addition to the
sentence authorized for the offense, suspend or postpone for six months the
driving privilege of the defendant. Upon the conviction of any person under
this section, the court shall forward a report to the Division of Motor
Vehicles stating the first and last day of the suspension or postponement
period imposed by the court pursuant to this section. If a person at the time
of the imposition of a sentence is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege of
operating a motorized bicycle, shall commence on the day the sentence is
imposed and shall run for a period of six months after the person reaches the
age of 17 years.
If a person at the time of the imposition of a sentence has a valid drivers
license issued by this State, the court shall immediately collect the license
and forward it to the division along with the report. If for any reason the
license cannot be collected, the court shall include in the report the complete
name, address, date of birth, eye color, and sex of the person as well as the
first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person
is convicted of operating a motor vehicle during the period of license
suspension or postponement, the person shall be subject to the penalties set
forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the
written notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the non-resident driving
privilege of the person based on the age of the person and submit to the
division the required report. The court shall not collect the license of a
non-resident convicted under this section. Upon receipt of a report by the
court, the division shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
c. In addition to
the general penalty prescribed for a disorderly persons offense, the court may
require any person who violates this act to participate in an alcohol education
or treatment program, authorized by the Department of Health and Senior
Services, for a period not to exceed the maximum period of confinement prescribed
by law for the offense for which the individual has been convicted.
d. Nothing in
this act shall apply to possession of alcoholic beverages by any such person
while actually engaged in the performance of employment pursuant to an
employment permit issued by the Director of the Division of Alcoholic Beverage
Control, or for a bona fide hotel or restaurant, in accordance with the
provisions of R.S.33:1-26, or while actively engaged in the preparation of food
while enrolled in a culinary arts or hotel management program at a county
vocational school or post secondary educational institution.
e. The provisions
of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent,
guardian or other person with legal custody of a person under 18 years of age who
is found to be in violation of this section.
33:1-81. Underage drinking
and Misrepresenting age to induce sale or delivery to minor; disorderly
person
Underage drinking
and Misrepresenting age to induce sale or delivery to minor
33:1-81. It
shall be unlawful for:
(a) A person under the legal age for
purchasing alcoholic beverages to enter any premises licensed for the retail
sale of alcoholic beverages for the purpose of purchasing, or having
served or delivered to him or her, any alcoholic beverage; or
(b) A person under the legal age for
purchasing alcoholic beverages to consume any alcoholic beverage on premises
licensed for the retail sale of alcoholic beverages, or to purchase, attempt to
purchase or have another purchase for him any alcoholic beverage; or
(c) Any person to misrepresent or misstate
his age, or the age of any other person for the purpose of inducing any
licensee or any employee of any licensee, to sell, serve or deliver any
alcoholic beverage to a person under the legal age for purchasing alcoholic
beverages; or
(d) Any person to enter any premises licensed
for the retail sale of alcoholic beverages for the purpose of purchasing, or to
purchase alcoholic beverages, for another person who does not because of his
age have the right to purchase and consume alcoholic beverages.
Any person who
shall violate any of the provisions of this section shall be deemed and
adjudged to be a disorderly person, and upon conviction thereof, shall be
punished by a fine of not less than $500.00. In addition, the court shall
suspend or postpone the person’s license to operate a motor vehicle for six
months.
Upon the
conviction of any person under this section, the court shall forward a report
to the Division of Motor Vehicles stating the first and last day of the
suspension or postponement period imposed by the court pursuant to this
section. If a person at the time of the imposition of a sentence is less
than 17 years of age, the period of license postponement, including a
suspension or postponement of the privilege of operating a motorized bicycle,
shall commence on the day the sentence is imposed and shall run for a period of
six months after the person reaches the age of 17 years.
If a person at the
time of the imposition of a sentence has a valid driver’s license issued by
this State, the court shall immediately collect the license and forward it to
the division along with the report. If for any reason the license cannot
be collected, the court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person as well as the first and last
date of the license suspension period imposed by the court.
The court shall
inform the person orally and in writing that if the person is convicted of
operating a motor vehicle during the period of license suspension or
postponement, the person shall be subject to the penalties set forth in R.S.
39:3-40. A person shall be required to acknowledge receipt of the written
notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of R.S. 39:3-40.
If the person
convicted under this section is not a New Jersey resident, the court shall
suspend or postpone, as appropriate given the age at the time of sentencing,
the non-resident driving privilege of the person and submit to the division the
required report. The court shall not collect the license of a
non-resident convicted under this section. Upon receipt of a report by the
court, the division shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
In addition to the
general penalties prescribed for an offense, the court may require any person
under the legal age to purchase alcoholic beverages who violates this act to
participate in an alcohol education or treatment program authorized by the
Department of Health for a period not to exceed the maximum period of
confinement prescribed by law for the offense for which the individual has been
convicted.
CONCLUSION
If charged with
any criminal offense, immediately schedule an appointment with a criminal trial
attorney. Don’t rely on a real estate attorney, public defender or a family member
who took a law class in school. When your life and career is on the line, hire
the best attorney available.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY
AT LAW
2053
Woodbridge Ave.
Edison,
NJ 08817
(Phone)
732-572-0500
No comments:
Post a Comment