Arrested in Edison? Hire an Edison Criminal
defense Attorney
Kenneth Vercammen's
Law Office represents individuals charged with criminal, drug offenses, and
serious traffic violations throughout New Jersey. Kenneth Vercammen was the NJ
State Bar Municipal Court Attorney of the Year and past president of the Middlesex
County Municipal Prosecutor's Association.
Try to Avoid Some of the
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. 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. You may be required to
do Community Service.
Don't give up! The Law
Office of Kenneth Vercammen can provide experienced attorney representation for
criminal and serious motor vehicle violations.
When your job or
driver's license is in jeopardy or you are facing thousands of dollars in
fines, surcharges and car insurance increases, you need excellent legal
representation.
Kenneth Vercammen &
Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Toll Free 1-800-NJLAWS7
(1-800-655-2977)
Personal Injury and
Criminal on Weekends 732-261-4005
BeNotGuilty. com
Too often lawyers throw up their hands when a
client presents a ticket involving Drug Possession, Driving While Suspended,
DWI or Assault. While defense of criminal court charges involving serious motor
vehicle charges may become an involved process requiring commitment and
persistence, there are a number of viable defenses and arguments that can
achieve a successful result. Rather than simply suggest that a client plead
guilty and avoid trial, an attorney should accept the challenge and apply his
best legal talents to protect the client’s rights.
1. The In-Office Interview at the Law Office
We advise potential clients to bring in a copy
of the complaint, all their papers in connection with their case, accident
report, and any documents they received from the Motor Vehicle Commissions.
Often times I will instruct them to write a confidential narrative if it is a
case that is fact- specific or involves a great deal of detail, such as an
assault case.
When the client is first in the office, we
have them fill out the Confidential New Criminal Case Interview Sheet. We obtain
background information such as their name, address, the offenses charged, date
of the persons arrest, other witnesses, statements given to them by the police,
their occupation and information regarding prior criminal convictions and prior
motor vehicle convictions. Our interview sheet also asks if there is anything
else important, such as a medical condition that affects their case. This form
will also let us know whether or not the client will follow instructions and
cooperate with us.
If they refuse to provide information we may
have a problem client.
After reviewing the summons and the interview sheet, I ask a series of
questions of the client. We request the client wait until the end of the
interview before explaining their side of the story. We also ask them if there
is anything else of importance in connection with the case that we should know.
The client may have pending serious criminal charges in another state or
country. I usually open up our statute book and show the clients the specific
language of the offense they are charged with and explain to them the maximum
penalties that could be imposed. By understanding the charges they are facing,
my clients are more likely to realize the seriousness of the offense and pay
our retainer.
2. Retaining the Attorney
Rule 1:11-2 of the
Rules of Professional Conduct indicate a retainer letter or written statement
of fees is required for new clients. I also provide all my clients with written
information explaining how to appear in court, information on surcharges,
information on points, and information regarding substance abuse treatment, if
applicable.
Once we receive our retainer (are paid), we
begin work right away. Usually while the client is still in the office, we
prepare a discovery letter on the computer to the prosecutor/district attorney
and court and hand a copy to the client. We occasionally call the court to
advise them that we will be handling the case and to inquire who handles
discovery. We check the Lawyers Diary to determine who are the judges and
prosecutor/district attorneys for the county or town. It is important to learn
about the judge and the prosecutor.
We require a great deal of cooperation from
our clients in an effort to help keep their costs reasonable. We require our
clients to take photographs of accident sites and prepare diagrams and provide
us with the names, addresses, and telephone numbers of witnesses.
I recommend that my clients provide me with a
list of between 10 to 15 reasons why they should not go to jail and why court
should impose the minimum license suspension. We recommend they obtain a Motor
Vehicle Abstract. This provides us with information for mitigation of penalties
and also provides information to be considered by the judge in sentencing.
3. Post Interview Work
Many states have
programs for first time offenders who have never previously been arrested or
previously convicted of a criminal offense. Again, to avoid embarrassment it is
a good idea to speak with the prosecutor/ district attorney and the police
officer because they may have a criminal abstract to indicate that the client
is not eligible for a diversions type program.
We also make a Motion to Suppress where there is a question regarding
the validity of a stop or search. Any other Motions to Dismiss should be made
in writing such as statue of limitations or lack of jurisdiction.
Oftentimes in cases
that deal with just one triable issue such as the admissibility of a blood test
result in alcohol or drugs, we can make a Motion in Limine or suggest a
pre-trial conference. It is often a good idea to try to know how the judge will
decide in order to save us a three-hour trial on a complicated case. If the
court rules against us in the Motion in Limine we can enter a guilty plea
contingent upon reserving your right to appeal on that one issue.
4. Discovery Phase
Oftentimes we do not
receive all of the discovery that we request. We send a letter to the
prosecutor requesting additional discovery and request that the discovery be
provided within 10 days. If we do not receive the discovery with 10 days then
we prepare a Motion to Compel Discovery.
In the case
involving essential witnesses, we occasionally write to the witnesses and ask
them to call us so that we can find out what really happened. If possible I
have a law clerk call up after we send the initial letter. The attorney cannot
testify if the witness provides an inconsistent statement but our law clerks
can testify. I sometimes speak to friendly witnesses myself later to make a
decision to determine whether or not the witnesses are credible.
Upon receiving discovery, we forward a
photocopy of all discovery to our client. We then discuss with the client
whether or not they have a reasonable prospect of winning.
In drunk driving cases we review the videotape
with the client prior to the trial date and sometimes make arrangements to
retain an expert.
5. Preparing for Court
If it is a drug
case, we should make an objection to the entry of the lab certificate as
evidence at trial. We are also under a responsibility to provide any reciprocal
discovery to the prosecutor. Occasionally, in a court where there is only one
prosecutor you should call the criminal court prosecutor ahead of time to see
if a matter can be worked out or plea bargained. Some Criminal prosecutors in
lower courts work part time and are not compensated for the many telephone
calls they get in their offices.
If we discover a
favorable case, we make a copy for the judge, prosecutor, and client. Never
assume the part time prosecutor or judge is familiar with all the laws. We can
prepare a Subpoena ad Testificandum for witnesses to testify and Subpoena Duces
Tecum for witnesses to bring documents.
We have our clients hand deliver the Subpoenas and write out their own
check for the subpoena fees. It is better to be over-prepared than
under-prepared.
Over the years I
have made it a practice to build up files on particular legal subjects with
complete case law. I now have files for drunk driving, driving while suspended,
drug possession, assault, and careless driving.
When we receive the
hearing notice we send a follow up reminder to the client to be on time, bring
all papers and call 24 hours ahead to confirm the case is still on the
calendar. The client should be prepared and look neat. The Grateful Dead and
Budweiser T-Shirts should be replaced with something that looks presentable.
They should have their pregnant wives sitting next to them.
Preparation is the
key to winning cases or convincing the prosecutor of exceptional defenses. Upon
arrival at court, we will attempt to ascertain if the police officer is
available. Sometimes the police officer is on vacation, retired, or suspended.
This may assist your ability to work out a satisfactory arrangement.
There is no
prohibition against speaking with States witnesses in a non-threatening way.
Outside of the courtroom, I usually call out the name of the non-law
enforcement States witnesses to determine what their version of the facts are.
If we have an excellent trial issue but believe the judge is going to rule
against us, we bring an appeal notice and file it with the Court on the Record.
I keep in my car blank forms for Order to Compel Discovery, Order Mark Try or
Dismiss, Order to be Relieved, and an Appeal Notice.
6. Plea to a Lesser Defense
If the client is
going to enter a guilty plea to an offense, it is important they understand
what the offense is and put a factual basis on the record. The Judge will be angry if a person is
pleading guilty to a drunk driving case and the judge asked them what he had to
drink, the person insists he only had one beer. The judge will send us back to
our seat and must refuse to take the guilty plea unless an adequate factual
basis is put on the record.
Having previously obtained for my clients
their favorable background, I usually put on the record reasons why the judge
should give them the minimum penalties.
Letters of reference and character reference
letters are helpful in cases where the judge has wide discretion in his
sentencing. After the client pleads guilty, it is a good idea to also ask the
client on the record if he has any questions of myself or of the court.
7. Conclusion
Whether or not we have a trial or there is a
plea to reduce the charge, I wish to walk out knowing I did the best you could
for the client. Even if I lose, I want to have been such an articulate advocate
that the client walks out saying my attorney is great but the judge is wrong.
We try to be innovative and prepare new arguments. We handle a substantial
amount of criminal court and personal injury cases and have put case law and
certain legal defenses on our website: www.NJLaws.com.
About the Author:
Kenneth A. Vercammen is an Edison, Middlesex County trial attorney who has
published 125 articles in national and New Jersey publications on criminal
court and litigation topics.
Criminal Indictable and Disorderly
Offense Penalties
Disorderly person
criminal offenses- ex Simple Assault, shoplifting & cases in Municipal
Court
Jail
2C: 43- 8 jail 6 month maximum
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 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.
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.
-Petty Disorderly
person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other
penalties
Indictable Criminal 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
If
you or a family member are charged with a criminal offense, you should retain
an experienced criminal attorney to argue to reduce the penalties!
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
[rev 10/17/13 Fines, Jail penalty criminal]
