Monday, July 23, 2012
What to tell police if you are arrested.mov
Contact Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
What to tell police if you are arrested
1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line.
Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and is playing golf today.
4. Call your lawyer at the first opportunity.
5. Make bail. Borrow money from relatives and friends. You may need money to hire investigators and experts.
6. Bring to your attorney the Complaint and Arrest report if provided.
7. Obtain names, addresses, phone number of your witnesses.
8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line.
9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don't want to waste a trip to the courthouse.
10. Stop taking any illegal drugs. You will be required to take several drug tests.
Consequences of a Criminal Guilty Plea in Superior Court
1. If you plead guilty you will have a criminal record.
2. Before the judge can accept your guilty plea, you will have to stand up in open court and tell the judge what you did that makes you guilty of the particular offense in front of all persons in the courtroom.
3. You can go to jail, pay thousands of dollars in fines, and may be barred from future employment
4. You may not be able to get a job as a teacher, public employee, banking industry, real estate or other state regulated field.
5. On employment applications, you will have to answer yes that you were convicted of a crime.
6. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 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.
7. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
8. In all drug cases, the statute requires mandatory driver's license suspension. New Jersey does not have a special license to go to work or school.
9. 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.
10. You must pay restitution if the court finds there is a victim who has suffered a loss.
11. 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.
12. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
13. You must wait 5-10 years to expunge a first offense. 2C:52-3
14. You lose the presumption against incarceration in future cases. 2C:44-1