Testifying as a Witness in a Criminal Case NJ

 

Testifying as a Witness in a Criminal Case

Courts, Police and Prosecutors have an increased commitment to addressing the needs of witnesses. As a witness, their assistance is important to our system of criminal justice. As a witness, they find you in the same situation, as do many others, you may be unfamiliar with court procedures and have fears and uncertainties about what is expected or required of witnesses. This article, compiled from suggestions of prosecutors offices, provides a brief explanation of what to expect on the witness stand. COURTROOM PROCEEDINGS: One of the fundamental rules in a criminal case is that both the prosecution and defense have an opportunity to question the witness. There are specific rules of evidence which must be followed by the court. At times, these rules may seem unnecessary or frustrating but they are directed toward one goal- to determine the truth in the case. Some guidelines for you to remember: GUIDELINES FOR WITNESSES IN CRIMINAL TRIALS 1. Prior to testifying, try to prepare yourself by recalling the incident in your mind, but do not memorize your testimony. 2. You are sworn to tell the truth. Tell it by answering accurately about what you know. 3. Listen carefully to the questions asked and think before speaking. If you do not understand the question, ask that it be repeated or explained. Do not look for assistance from the policeman or prosecutor when you are on the stand. If you need help, ask the Judge.  4. Speak clearly and loudly. 5. Answer only the question asked, directly and simply. Do not volunteer information. 6. Do not guess or speculate. If you do not know the answer, be sure to say so. If you give an estimate, make sure everyone understands you are estimating. 7. Do not answer if there is an objection. 8. Do not lose your temper. Upon cross-examination, remain calm and composed.  9. Always be courteous, even if the attorney questioning you appears to be discourteous. Being polite makes a good impression on the court and jury. Do not try to be smart or evasive. 10. Be serious in and around the courtroom. Avoid joking. 11. Neat appearance and proper dress are important. 12. If the question is about distance or time and your answer is only an estimate, be sure to say that it is only an estimate.  13. Leave the stand with confidence, knowing that you have presented the truth to the best of your ability. Fears/Threats If you have any fears about your involvement in your case, contact your own towns local police department. On extremely rare occasions, you may receive a threat. If you are threatened, immediately contact your law enforcement agency to get immediate assistance.   ON BEING A WITNESS: No crime can be solved without the help of witnesses. It is your duty as a witness to give your testimony when needed. While it may not always be convenient for you to come to court to testify, please keep in mind that some day you may be a victim and your own case may depend on the willingness of a witness to come forward and tell what he/she knows.  As your case is being prepared for trial, it may be necessary for the attorney who sent you subpoenas to contact you. It is important to keep them informed of your current address and telephone number. If you move, be sure to let them know. SUBPOENA A Subpoena is a Court Order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person. When you receive a subpoena to appear in court, you are required by law to attend. Be sure to bring the subpoena to court.  WHERE DO I GO? You will find that most subpoenas will request that you report to the Court on the date set for your appearance as a witness. This is to allow the Attorney who sent you the subpoenas an opportunity to discuss the case with you prior to your actually taking the witness stand. GET COMFORTABLE Get a good nights rest. Dress conservatively. Your normal business attire is probably about right. Be early. Give yourself a few minutes to experience the room in which you are about to testify. It is going to be a strange environment for you, so walk around. Get used to the lighting, the acoustics, and the distance your voice might have to travel. JUST THE FACTS Leave your impressions from film, television and other folklore at home. In the real world, the attorney seeking your testimony wants from you but one thing; the facts. What you saw. What you said. What you did. In limited circumstances, what you heard. Unless you are asked to do so, do not draw conclusions. Unless you were called as an expert witness, keep your opinions for another day. RULES TO REMEMBER Rule 1. If you are asked what time it is, give the time. Dont offer instructions on how to build a watch. Listen to the question, answer that question, then wait for the next one. When they run out of questions, your testimony is over. Go home. Dont answer a question you think was asked, should be asked, or want to be asked. And take your time. As with baseball and other matters of importance, there is no clock. Your testimony is very important, thats why you were called in the first place. There is no hurry. As in golf, there are no prizes for speed, just accuracy. Rule 2. If you do not understand a question, respond by saying I do not understand the question. Have counsel rephrase the question, explain or define any word that you dont understand. Thats what you mean by I do not understand the question. Its not impolite. You are not comparing education. You just dont understand the question. If counsel cannot rephrase the question so you can understand and adequately respond, thats not your problem. Being a witness is hard enough. Rule 3. If you knew the answer some time ago, but do not recall at the moment, say I do not recall Not everyone can remember which shoes they wore the second Tuesday of last month. There is no disgrace in failing to recall certain details, especially when they are remote in time. Your testimony is very important, thats why you were called in the first place. Rule 4. If you are asked a question, and you do not know the answer, say I Do not know. Too many witnesses think they have to know, or are expected to know the answer to practically everything asked of them while on the stand. No one can be expected to know everything. If you seem to, your entire testimony may appear rehearsed and unconvincing. When you dont know, you dont know. SAY SO.. Such a reply is entirely appropriate. Rule 5. Tell the truth. You saw what you saw. You did what you did. If someone else has a different version of these events, well, someone else has a different version of these events. In the end, the judge or jury will sort it all out.   Rule 6. Be yourself. As you would converse with a friend or neighbor, speak in your own words and use your own vocabulary. Answer the questions as naturally as you can. You dont want to sound like an actor delivering memorized lines. There is no getting around it; while giving testimony, you are on stage.Everyone in the room, especially trial counsel, is watching you testify. They not only listen to your word, but also watch how you present them. You must be as relaxed and natural as possible. Body language is a powerful communication tool. Use it properly. HELP THE COURT REPORTER Speak up. What you say will be taken down a taped recording, later transcribed onto a printed page by a court reporter. This is called making a record.Consider two limitations in this process; 1. Your testimony has to be verbal. It is difficult to transcribe a nod of the head or shrug of the shoulders. Dont spread your hands apart and claim About this much. If the answer is two and one half feet, say so. 2. Only one person can speak at a time. Pace your responses so as to avoid talking over the attorney asking the questions. HELP YOURSELF Give straight, direct and specific answers whenever possible. Depending upon the question being asked, try and avoid needless qualifiers like In my opinion, I guess, I think, and I believe JUST THE FACTS. Any reservations displayed on direct examination will come back to you on cross. If the answer is yes, blue or I dont know, SAY SO. Dont guess, exaggerate, or speak in broad, sweeping terms. Try not to generalize, and do not explain anything unless specifically instructed to do so. If you make a mistake, or give the wrong answer, STOP.. As soon as you realize you have given the wrong information, or left something out, STOP. Tell the attorney you made a mistake, say I made a mistake. May I correct myself. Clear the record then and there. It is much better than to have the opposing attorney question you about it later on cross examination. If there is an objection, or if the judge or another attorney interrupts your testimony; FREEZE. Do not say another word until instructed to do so. The lawyers will argue out the problem on the spot. Wait until told to proceed. There is no need to squeeze in an answer during this process. Let the lawyers work it out, thats what they do. HELP THE COURT Some attorneys lose their manners right after the bar exam. Some have the personality of a briefcase. For others, this would be an improvement. Do your best anyway, and try to be polite. If you have a bad temper, leave it in the elevator. Do not engage in a battle of wits. You cant win. Its not because you dont get to ask questions. You are gathered for the purpose of finding the truth, not to judge who can best exchange sarcastic remarks.

Termination of Child Support upon Emancipation in New Jersey

3/27/2023

By Kenneth Vercammen, Esq.

Child support is usually paid through a wage withholding garnishment at the parents job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term emancipation is sometimes defined as follows: (i) The completion of the childs formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the childs education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the childs control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.

This office's minimum fee for a Motion for Emancipation is $1,500.

Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.

The Motion will need to include the following type of language: PLEASE TAKE NOTICE that the undersigned, attorney for payor parent, will apply to the above named court, at the Court House, on [motion date] for an Order directing that child support payments shall end since the child is now of legal age and emancipated. PLEASE TAKE FURTHER NOTICE that the undersigned shall rely upon the Certification of payor in support of this motion.

All Motions, Family, Civil, Criminal and Chancery/ Equity must include a Certification of mailing, similar to the following: CERTIFICATION OF MAILING The undersigned hereby certifies that the original Notice of Motion, Certification and all supporting papers have been filed directly with the __________ County Family Division Motions Clerk, _____________, New Jersey. It is further certified that a copy of the Notice of Motion, Certification and all supporting papers have been served by certified and regular mail upon all counsel and individuals indicated in the Notice of Motion.

Often, the Certification we prepare will include some of the following language:

CERTIFICATION OF c1 IN SUPPORT OF NOTICE OF MOTION FOR TERMINATION OF CHILD SUPPORT OF c3 I, c1, of full age, hereby certify the following: 1. I am the defendant in the within cause of action and file this Certification in support of my Notice of Motion seeking relief and modification of the Courts prior Order of ___________________. Exhibit 1 2. I was divorced on ____________________, ____________ County, New Jersey. 3. On _______________, the Honorable ______________, ordered me to pay support in the amount of $________ per week for the support of c3, who was residing with my ex-wife. 4. c3 was born on _______________. My child is now 18 years old. Birth certificate Exhibit 2. He works full-time. C3 is not enrolled full time in school. 5. I anticipate retiring someday and need to invest money into a retirement plan. 6. I request that the court terminate child support. I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Order The Motion, Certification, Exhibits and proposed Order prepared by your attorney will be submitted to a Superior Court Judge in the Family Part. The proposed Order prepared by your attorney will usually contain some of the following language:

O ORDER FOR TERMINATION OF CHILD SUPPORT OF c3 This matter having been opened to the Court upon motion of ___, Esq., attorney for c3, for an Order to terminate child support payments, and the Court having considered he Certifications of c1 and c3, documents attached in support of the Motion, and the argument of counsel, if any, and for good cause shown, it is on this __________ day of __________________, 2015 hereby ORDERED that child support for c3 is terminated as of _______________, and it is further ORDERED that the Probation Department immediately update its records upon receipt of this order, and it is further ORDERED that any child support payments withheld after ___________________, shall be refunded to c3 by the Probation Department or o1 within 20 days of receipt of this order, and it is further

ORDERED that a copy of this order be served upon all Counsel, the Probation Department and parties within ten (10) days.

__________________________ , J.S.C.

After the Order is filed, there is a need to serve copies on the payee parent, Probation Department, your job Personnel Dept/ Human Resources and other relevant persons and entities. Hire an experienced attorney when you have important legal needs. Typical fees for the Motion range between $1,500- $2,500 depending on work involved and experience level of the attorney.

The following is a portion of the additional information we need to draft a Motion: 1. Your Full Name:

___________________________________________________ First Last

2 Your Street Address: ________________________________ City ________________ State __ Zip Code ___________

3. Telephone Number:

Day: ____________________

Cell: ____________________

Night: _________________

4. E-mail address: ______________________________________

5.(a)Referred by: _____________________________________

6. Your Date of Birth: ________________ SS # ____________ Month Day Year

7 Date of Marriage, if any _____________________________

8 Other parent

____________________________________________________ First Last name

9 Street Address _________________________

City ______________ State/Zip ______________

10 Name, Address, & Birthdate of all Child(ren); Person with whom Child(ren) Childs Full Name Address Birthdate Resides with

_________________

___________________

MISCELLANEOUS INFORMATION:

1. Name and Address of Your Employer (Provide Name and Address of Company if Self- Employed) Name of Employer _______________________________ Address ___________________________

BRIEF DESCRIPTION OF SPECIFIC PROBLEMS OR CONCERN? ______________________________________________________

______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________

The above information is a brief outline of work an experienced attorney can do for you. Always schedule an in- office consultation whenever an important legal matter arises.

STATUTE OF LIMITATIONS- criminal & traffic cases NJ

 STATUTE OF LIMITATIONS- criminal & traffic cases NJ

 

       Disorderly person criminal offenses- 1 year.   This means the Complaint must be signed within one year of the offense.  It does not been the Complaint must be served on the defendant, or that the trial must be held within 1 year, or someone be prosecuted within a year.

 

         Indictable Criminal Penalties  [Felony type]   5 year Statute of limitations

 

Jail & Fines:

                                         Jail                      Fine                 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

 

         There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter. For certain offenses such as murder or sexual assault, the statute of limitations is extended.

 

         If you or a family member is charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!  

 

MOTOR VEHICLE STATUTE OF LIMITATIONS

         39: 5- 3               30 days Statute of Limitations except as posted below

         39: 3- 12             Illegal obtaining DL- 1 year Statute of limitations

         39: 3- 34             App. for DL while SUS- 1 year Statute of Limitations

         39: 3- 37             False App.- 1 year Statute of limitations

         39: 4- 129           Leaving the scene of accident- 1 year Statute of                                     Limitations

         39: 10- 24           Misrepresentation on title- 1 year

         39: 3- 40             Driving while suspended DWS- 90 days S of L

         39:4-50               DWI 90 days

         39: 6B- 2             No insurance- 6 months S of L 

         39: 5: 31    DMV Director of Magistrate can revoke license for willful  violations even if statute of limitations has passed 

Research by: KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

 2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More information on Fines, jail and penalties on website: www.njlaws.com

Statute of limitations only applied that the summons must be signed within the statute of limitations. It does not apply if persons fail to appear for their court date.

                                                                                                                             

Monroe Senior Center Wills & Estate Administration

 

Wills & Estates Update Seminar

March 13, 2023 at 10:30am

Monroe Senior Center   

2 Halsey Reed Road

 Monroe Township, NJ 08831

 

     Monroe registered Seniors only

 

Wills & Estate Administration-Protect Your Family and Make Planning Easy Fee program

    Speaker: Kenneth Vercammen, Esq. Edison, NJ (Author-Wills and Estate Administration by the ABA)

 

Main Topics:

1.  Administering the Estate/Probate /Surrogate

2.  Dangers If You Have No Will or documents invalid

3.  Getting your Estate Planning Documents done when you can’t go into a law office

4.  What goes into a Will

5.  Power of Attorneys recommendations

6.  Living Will & Advance Directive for Medical Care

7.  Avoiding unnecessary expenses and saving your family money

 

COMPLIMENTARY MATERIAL: Brochure on Wills, “Answers to Questions about Probate” and Administration of an Estate, Power of Attorney, Living Wills,  and Trusts.

    

Monroe Township Office of Senior Services 

609-448-7140

South Brunswick Library Estate Planning and Probate

 

March 9, 2023 at 6pm 

free  program open to the public

 

2023 Main Topics:

1.   Administering the Estate/Probate /Surrogate

2.   Dangers If You Have No Will or documents invalid

3.   Getting your Estate Planning Documents done when you can’t go into a law office

4.   What goes into a Will

5.   Power of Attorneys recommendations

6.   Living Will & Advance Directive for Medical Care

7.   Avoiding unnecessary expenses and saving your family money

 

Do you have a current will?  Have you ever had to deal with the probate process? The Edison law offices of Kenneth Vercammen will join the library this evening to hold a workshop on the latest legal issues regarding Estate Planning and Probate. Remember, the laws are constantly changing and you should be aware of what is new and how it will affect you and your family.  In a recent newsletter, lawyer Kenneth Vercammen tells us to "beware of the inexpensive forms you can get online."  He warns, "Often cheap online forms are rejected" in the probate process.  a hear what you need to know when considering how to legally protect your assets for your family.

7:7-3. Notice of Alibi

 

Court Rule 7:7-3. Notice of Alibi

7:7-3. Notice of Alibi •   (a) Alibi. A defendant who intends to rely on an alibi shall, within 10 days after a written demand by the prosecuting attorney, furnish the prosecuting attorney with a signed statement of alibi, specifying the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the defendant intends to rely to establish the alibi. Within 10 days after receipt of the statement of alibi, the prosecuting attorney shall, on written demand, furnish the defendant or defendants attorney with the names and addresses of the witnesses upon whom the State intends to rely to establish defendants presence at the scene of the alleged offense. The court may order any amendment to or amplification of the alibi statement as required in the interest of justice. •   (b) Failure to Furnish.If the information required by paragraph (a) of this rule is not furnished, the court may refuse to permit the party in default to present witnesses at trial as to defendants presence at or absence from the scene of the alleged offense or may make any other order or grant any adjournment or continuance as may be required in the interest of justice.

http://www.njlaws.com/7-7-3.html

Conditional Dismissal Program for First Offenders in NJ Municipal Courts to Dismiss Criminal Charges

  Conditional Dismissal Program for First Offenders in NJ Municipal Courts to Dismiss Criminal Charges

    By Kenneth Vercammen, Esq.

   NJ established 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 their defense attorney 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,”  

This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony and saving evidence.

This means the defendant must plead guilty first to a criminal charge.

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. This program is similar to PTI in Superior Court.

“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,”    

Under this law, Conditional Dismissal is not available to any person who has previously participated in a conditional discharge, conditional dismissal, or supervisory treatment program such as PTI. 

        After taking into consideration the eligibility criteria, the defendant’s criminal history and the prosecutor’s recommendation, the court may, approve the defendant’s participation in the conditional dismissal program and place the defendant under a probation monitoring status for a period of one year.  

      Persons who are charged with indictable offenses (crimes of the first, second, third, or fourth degree) may be eligible for pretrial intervention (“PTI”) pursuant to N.J.S.2C:43-12 et seq.  Persons charged with certain disorderly persons or petty disorderly persons drug offenses may be eligible for conditional discharge pursuant to N.J.S.2C:36A-1.  

.  If the defendant successfully completes the program, the criminal charges are dismissed.

   A defendant may make an application to the conditional dismissal program after a plea of guilty or a finding of guilt, but prior to the entry of judgment of conviction.

  FINGERPRINTING REQUIREMENT. 

   To allow sufficient time for verification of the defendant’s criminal history by the prosecutor and as a condition of the application, the defendant will be required to submit to the fingerprint identification before making an application to the court.

    In addition to these eligibility criteria, the court considering the application must also consider the following factors: the nature and circumstances of the offense; the facts surrounding the commission of the offense; the motivation, age, character and attitude of the defendant; the desire of the complainant or victim to forego prosecution; the needs and interests of the victim and the community; the extent to which the defendant’s offense constitutes part of a continuing pattern of anti-social behavior; whether the offense is of an assaultive or violent nature, either in the act itself or in the possible injurious consequences of such behavior; whether the applicant's participation will adversely affect the prosecution of codefendants; whether diversion of the defendant from prosecution is consistent with the public interest; and any other factors deemed relevant by the court.

      If, at the end of the term, the defendant has not been convicted of any subsequent offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.

     A conditional dismissal granted will not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.

      LIMITATION.  A conditional dismissal can only be granted once with respect to any defendant.

    If the defendant violates a term or condition of supervisory treatment, the court may enter a judgment of conviction or, where the defendant did not previously plead guilty and was not previously found guilty, resume the criminal proceedings

 

 

 

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

 732-572-0500 More information at 

http://www.njlaws.com/conditionaldismissal.html