Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 www.njlaws.com
Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters

Tuesday, July 14, 2020

Sandy Hook National Gateway Park Criminal Charges

Sandy Hook National Gateway Park Criminal Charges


Sandy Hook National Gateway Park Criminal Charges

       If you are charged for a criminal offense at Sandy Hook National Gateway Park, your case will be transferred and heard in the Federal court, not the local Highlands Municipal court.  So, If charged with a drug offense or criminal offense at Sandy Hook , Gunnison Beach etc the case will be handled in the Federal Magistrate Court, currently in Newark at the Federal Courthouse.

       The Federal law applies to even civilians under18 U.S.C.A 13 for areas within Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst.

       A Federal case takes much longer and is more complicated than the typical local Municipal Court case. Our office has handled numerous drug, DWI and different criminal charges arising out of arrests at Sandy Hook. Hire an attorney with experience. You would not want a doctor for surgery that you were their first victim.


13 USCA 13 Laws of States

This is the Federal law that applies.

(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
(b)
(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2)
(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if
(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and
(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).
(B) For the purposes of subparagraph (A), the term minor means a person less than 18 years of age.
(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.