In this appeal, the court considers whether the performances of defendant's plea attorneys were deficient by: (1) negotiating an agreement that required defendant to plead guilty as a condition of admission to pretrial intervention (PTI), when the Guideline to the Rule in effect at the time of defendant's plea prohibited such a requirement by the State; and (2) failing to advise defendant, a non-citizen of the United States, that his acknowledgment of guilt subjected him to removal proceedings – even though the charges would be dismissed upon defendant's successful completion of PTI. Because the record does not reveal the substance of the plea negotiations between the State and defense counsel, nor the advice counsel rendered to defendant about the immigration consequences of his guilty plea, the court vacates the post-conviction relief court's order and remands for an evidentiary hearing.
Sunday, July 26, 2020
State v. Antoine McCray; State v. Sahaile Gabourel
State v. Antoine McCray; State v. Sahaile Gabourel (082744) (Middlesex & Hudson County & Statewide) (A-75/76-18; 082744)
The history of the CJRA reveals the Legislature did not intend to authorize criminal contempt charges for violations of release conditions. Beyond that, allowing such charges for all violations of conditions of release, no matter how minor, is at odds with the purpose and structure of the CJRA. No-contact orders are treated differently, however, because the CJRA did not modify settled law relating to them. In State v. Gandhi, 201 N.J. 161 (2010), the Court held that violations of no-contact orders -- even if issued as part of a pretrial release order -- can serve as a basis for contempt charges. That precedent remains firmly in place. Because neither appeal here involved a violation of a no-contact order, the Court reverses the judgment of the Appellate Division and dismisses the contempt charges against both defendants.
Monday, July 20, 2020
2C:20-2. Penalty for Theft Charges
2C:20-2. Penalty for Theft Charges b. Grading of theft offenses.
(1)Theft constitutes a crime of the second degree if:
(a)The amount involved is $75,000.00 or more;
(b)The property is taken by extortion;
(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S. 2C:35-2 and the quantity is in excess of one kilogram;
(d)The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more; or
(e)The property stolen is human remains or any part thereof.
(2)Theft constitutes a crime of the third degree if:
(a)The amount involved exceeds $500.00 but is less than $75,000.00;
3rd degree 3- 5 years jail $15,000fine 1 year- 5 year probation
4th degree 0- 18 months $10,000 1 year- 5 year
There are many other penalties that the court must impose in criminal case. There are dozens of other penalties a court can impose, depending on the type of matter. Read
If you or a family member are charged with a criminal offense, you should retain a Certified Municipal Court Law attorney to argue to reduce the penalties!
(3)Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00.
If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.
Disorderly person criminal offenses-
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.
(b)The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;
(d)It is from the person of the victim;
(e)It is in breach of an obligation by a person in his capacity as a fiduciary;
(f)It is by threat not amounting to extortion;
(g)It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
(h)The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;
(i)The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;
(j)The property stolen is a New Jersey Prescription Blank as referred to in R.S. 45:14-14; or
(k)The property stolen consists of an access device or a defaced access device.
……
(4)The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1)Was unaware that the property or service was that of another;
(2)Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or
(3)Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.
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.
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
There are many other penalties that the court must impose in criminal case. 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
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!
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
Copyright 2020 Vercammen Law
2C:35-10 Marijuana 2C:35-10 Pot Charges CDS
| 2C:35-10 Marijuana 2C:35-10 Pot Charges CDS |
Kenneth Vercammen’s Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
The defense of a person charged with possession of drugs or drug paraphernalia is not impossible. Attorneys should not merely suggest that their client plead guilty to save a few dollars. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with controlled dangerous substances (CDS).
More info at http://www.njlaws.com/marijuana.html
The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:
NJSA 2C:5-10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish;
NJSA 2C:35-10(b), using or being under the influence of CDS;
NJSA 2C:35-10(c), failure to deliver CDS to police;
NJSA 2C:36-2, possession of drug paraphernalia
Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.
Moreover, the court must suspend the defendants drivers license for a time period between six months and two years. In addition, probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed.
If you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.
CONDITIONAL DISCHARGE
New Jersey State statute N.J.S.A. 2C: 36A-1 provides that a person not previously convicted of a drug offense and who has not previously been granted supervisory treatment under 24:21-27, 2C:43-12 or 2C: 36A-l may apply for a conditional discharge. The court upon notice to the prosecutor and subject to 2C: 36A-l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.).
Since the granting of a conditional discharge is optional to the court, you should be prepared to prove, through letters, documents, or even witnesses, that the defendants continued presence in the community or in a civil treatment program, will not pose a danger to the community.
You should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. The defendant must be required to pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty, and $50.00 lab fee. The court further has the option to suspend a defendant’s driver’s license between six months and two years.
The conditional discharge period is also between 1 year and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed. If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory.
SUPPRESSION MOTION
A timely Motion to Suppress Evidence must be made pursuant to Rule 3:5-7. The court rules have been amended to provide the Suppression Motion can be held directly in the Municipal Court. Your attorney can subpoena witnesses, sometimes even serving a subpoena duces tecum on the arresting officer to compel him to bring to court the object allegedly observed in plain view. Credibility will be tested when the object that was claimed to be in plain view inside a car is actually only one-half inch long. Cross-examination is very important.
PRE-TRIAL
The Municipal Court prosecutor is responsible for providing discovery. Rules 3:13-3, 7:4-2, State v Polasky, N.J. Super. 549 (Law Div. 1986); State v Tull, 234 N.J. Super. 486 (Law Div. 1989); State v Ford, 240 N.J. Super. 44 (App. Div. 1990). The State must prove the substance seized was a controlled dangerous substance (CDS).
To prove the substance is CDS, either the lab technician who examined the substance must be called testify, or the State will have to admit the lab certificate prepared pursuant to N.J.S.A. 2C:35-19. If the State intends to introduce the lab certificate at the trial, a notice of an intent to proffer that certificate and all reports relating to the analysis of the CDS shall be served on defense counsel at least 20 days before the proceeding begins. This includes an actual copy of the lab certificate.
Within 10 days of receipt, the Defense counsel must notify the Prosecutor in writing. This will not only alert the Prosecutor to the Defendants objections concerning the admission of the lab certificate into evidence, but also set forth grounds for the objection, 2C:35-19c. Failure by defense counsel to timely object shall constitute a waiver of any objection to the certificate, thus, the certificate will be submitted into evidence.
Pre-Trial Motions we usually file:
1) Suppress Evidence
1) Suppress Evidence
2) Miranda/Privilege
3) Exclude Lab Tests
4) Discovery
5) Reciprocal Discovery
6) Experts
7) Reciprocal discovery
8) Speedy Trial
9) Notice of Objection to Lab Reports
PRE‑TRIAL MOTIONS
At a time to be set by the Court, Defendant will move for Orders pursuant to R. 3:10‑5, 3:13‑1, and 7:7-7, as follows and requests oral argument pursuant to R. 1:6‑2(d) to preserve all of defendant's rights and defenses:
1) Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5‑7 and 7:5-2, because evidence‑‑ie defendant's person, breath, blood, and/or other things‑‑was seized unlawfully, without a warrant and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.
2) Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the State's investigation of this case because the statements and evidence (a) create substantial danger of undue prejudice to Defendant contrary to Evid.R. 403 (previously Evid.R. 4), (b) are privileged under Evid.R. 503 (previously Evid.R. 25), and (c) were obtained contrary to U.S. Const. Amends. V, VI, IX, and XIV, NJ Constitution 1, paras.1, 10, and 2], and requirements stated in Miranda v. Arizona, 384 US. 486, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny.
3) Exclude Drug Tests. If police used a drug testing instrument in this case, Defendant will move to exclude evidence(‑ of drug test results because (a) the Attorney General failed to exercise administrative authority and prescribe methods and procedures for periodic inspection of drug testing instruments as required by statute, and (b) without such properly prescribed methods and procedures, the State cannot lay the foundation needed for admission of drug test results into evidence at trial.
4) Discovery. 7.1 Defendant requests that the State provide paper copy of any relevant discovery as required by Rule 3:13-3, Rule 7:7-7(b) . Defendant further requests that the Court enter a DISCOVERY ORDER, provided the prosecutor neither sends notice of specific objections in writing pursuant to R. 3:1‑4 nor moves timely for a protective order pursuant to R. 3:13‑3(d). . If the State fails to provide discovery as requested herein, Defendant may move either before or during trial pursuant to R. 3:13‑3(f), R. 3:17‑4, and Evid.R. 807 (previously Evid.R 64), as applicable, for an Order (a) permitting discovery or inspection of undisclosed materials, (b) granting a continuance, (c) prohibiting introduction in evidence of undisclosed material, (d) monetary sanctions, (e) dismissal of the charges, and (f)such other order as the Court deems appropriate.
5) Reciprocal Discovery. 8.1. Defendant may call certain fact witnesses to testify, inter alia, that: they have known Defendant, b) they saw Defendant before or after police saw Defendant, c) Defendant was not under the influence of drugs, d)and e) there was no articulable suspicion that Defendant had violated the law. The witnesses will be named following/ after the state provides complete discovery.
6) Defendant may call the following experts to testify- Expert Dr. Richard Saperstein, and/or Others to be provided if and when retained following receipt of the state's expert.
7) Defendant may use demonstrative and documentary evidence, which the State may inspect and copy or photograph after paying reasonable expenses therefor: a) photographs c) video e) maps g) pharmacy records h) films d) diagrams f) medical/hospital h) weather records
8) Speedy Trial. Defendant demands a speedy trial pursuant to U.S. Const. Amend. VI and N.J. Const. Art.1, para.10.
9) Notice of Objection. If the State gives notice of intent to proffer a certificate executed by a laboratory employee pursuant to N.J.S. 2C:35‑19c, Defendant hereby objects to it on the grounds that Defendant intends to contest at trial the composition, quality, and quantity of substances submitted to the laboratory for analysis.
THE TRIAL
The burden of primary possession/constructive possession remains on the State. Plea-bargaining is not permitted in Municipal Court CDS cases (while it is available in such varied charges as murder, careless driving, or the burning of old tires). The State must prove knowledge or purpose on the part of the defendant. Copyright 2016 Vercammen Law
Consequences of a Criminal Guilty Plea or Conviction in Municipal Court
Consequences of a Criminal Guilty Plea or Conviction in Municipal Court |
Consequences of a Criminal Guilty Plea or Conviction in Municipal Court 1. If you plead guilty you will have a criminal record. 2. You may be required to do Community Service. Ever see those people on side of road picking up trash or on beach raking garbage. 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, the answer to a question was you convicted of a criminal offense would be yes. 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. Your name may be posted on the internet together with the type of charge. Difficult to get a job if a quick internet search shows a conviction for 2C:12-1a - simple assault 2C:14-4 - lewdness 2C:17-3 - criminal mischief, property damage $499 or less 2C:18-3b - trespassing 2C:20-3 - theft $199 or less 2C:20-4 - theft by deception $199 or less 2C:20-11 - shoplifting $199 or less 2C:29-2 - resisting arrest 2C:33-2 - disorderly conduct 2C:33-4 - harassment 2C:35-10a(4) - possession of under 50 grams of marijuana 2C:35-10b - under the influence or use of a controlled dangerous substance 2C:35-10c - failure to make lawful disposition of controlled dangerous substance 2C:36-2 - possession of drug paraphernalia 9. In certain matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and you pay for the cost of testing. 10. You must wait several years to expunge a first offense. 2C:52-3 11. Future employers may not hire you because you have a criminal record. 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/removed by virtue of your plea of guilty or denied the opportunity to become a citizen. 13. You must pay restitution if the court finds there is a victim who has suffered a loss. 14. You lose the presumption against incarceration in certain cases. 2C:44-1 15. 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. Copyright 2020 Vercammen Law KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 www.BeNotGuilty.com |
Fines, Jail, and Penalties for Criminal Offenses
Fines, Jail, and Penalties for Criminal Offenses
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 max
community service 180 days maximum
Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3
plus mandatory costs, VCCO and other penalties
There are many other penalties that the court must impose in criminal cases, including DNA testing. 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, plus usual Probation, drug testing, DNA testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. Penalty can be reduced. In certain drug cases.
-Petty Disorderly person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other penalties
Indictable Crime Penalties [Felony type] [ Superior Court]
Jail potential max 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
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
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!
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
New Expungement Law Permits Petitions for Expungement of Arrests in Shorter Time Periods
New Expungement Law Permits Petitions for Expungement of Arrests in Shorter Time Periods.
New Expungement Law permits petitions for Expungement of arrests in shorter time periods.
This is an excellent law to help non-violent offenders.
This new law establishes new expungement procedures for records and information pertaining to crimes and offenses, including procedures for persons who are, or previously have been, successfully discharged from the State’s special probation drug court program. It also provides shorter waiting periods before certain records and information become expungeable.
You can now get expungements for both the crime and the disorderly persons convictions.
The new law takes effect until April 18, 2016.
The time period for expunging a Municipal Court criminal charge may be reduced to 3 years if you can show exception circumstances. Otherwise it stays 5 years.
Regarding a person with a criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court in the county in which the criminal conviction was adjudged. That application could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of five years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, for the crime or for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period under current law for a criminal conviction expungement is ordinarily 10 years). Alternatively, the court could grant an expungement on the application if less than five years has expired from the payment of any fine but the five-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
Regarding a person with a conviction for a disorderly persons or petty disorderly persons offense, but no criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court concerning that offense following a procedure similar to that used for criminal convictions. The application, like an application concerning a criminal conviction, could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of three years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period on convictions for such offenses under current law is five years). Alternatively, the court could grant an expungement on the application if less than three years has expired from the payment of any fine but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
Regarding a person with an arrest or charge that did not result in a conviction or finding of guilt, whether the proceedings were dismissed, or the person acquitted or discharged, upon a person presenting an application for expungement:
(1) if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal, or discharge, would order the expungement of all records and information relating to the arrest or charge; or
(2) if the proceedings took place in municipal court, the municipal court would provide the person with appropriate documentation to transmit to the Superior Court to request an expungement, and the Superior Court, upon receipt of the documentation with an expungement request would take action to order the expungement of all records and information relating to the arrest or charge. A person seeking such an expungement of municipal court matters would not be charged an application fee for taking such action.
An expungement related to a dismissal, acquittal, or discharge without a conviction or finding of guilt would not be available whenever the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. However, this bar on such expungements would no longer apply once the conviction connected to the plea bargain was itself expunged.
If the person did not apply for an expungement related to a dismissal, acquittal, or discharge at the time such action occurred, the person could, at any time following the disposition of proceedings, present to the Superior Court in the county in which the disposition occurred an application with a duly verified petition, containing relevant details concerning the applicant and the arrest or charge for which the expungement is sought. The person, pursuing this “after the fact” expungement application, would also not be charged an application fee.
A copy of any Superior Court order of expungement related to a dismissal, acquittal, or discharge would be presented to the appropriate court and the prosecutor. The prosecutor would then be responsible for promptly distributing copies of the expungement order to appropriate agencies with custody and control of the records specified in the order so that they may be properly expunged.
Regarding a person who is, or was prior to the effective date of the law, successfully discharged from the State’s special probation drug court program, the law would permit the Superior Court that had sentenced the person to the program to expunge all records and information relating to prior arrests, detentions, convictions, and proceedings for any offense enumerated in the Criminal Code, Title 2C of the New Jersey Statutes, existing at the time of discharge from the program. However, the person would not be eligible for such an expungement action if the person’s records include a conviction for any offense barred from expungement pursuant to N.J.S.2C:52-2.
For a person who is successfully discharged on or after the effective date of the law, the person would only be eligible to have all prior matters expunged if the person was not convicted of any crime, disorderly persons offense, or petty disorderly persons offense during the term of special probation. For a person who was successfully discharged prior to the effective date of the law, the person would only be eligible to have all matters expunged that existed at the time of discharge from the program if the person has not been convicted of any crime or offense since the person’s date of discharge.
The Superior Court would grant the person successfully discharged from the special probation drug court program the relief of expungement, unless it finds that the need for the availability of the records and information outweighs the desirability of having the person freed from any disabilities associated with their availability. The person would not be charged any fee for such an expungement action.
Lastly, regarding the continued availability of any expunged records and information, the law updates the statutory list of parties within the criminal justice system that may still view such records and information. Along with courts, county prosecutors, the Probation Division of the Superior Court, and the Attorney General, the Pretrial Services Program making pretrial release recommendations on certain persons undergoing the release determination process set forth in sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.) would also be able to examine expunged records and information.
As amended and reported, this law is identical to Assembly Law Nos. 206, 471, 1663, 2879, 3060, and 3108 (ACS/2R), as also amended and reported by the committee. SENATE, No. 2663
More info on hiring an attorney for an expungement at http://www.njlaws.com/expungement.html
This Legislation sponsored by Assembly Democrats Jerry Green, Grace L. Spencer, Reed Gusciora, Gordon Johnson, John F. McKeon, Thomas Giblin, Benjie Wimberly and Annette Quijano to reform New Jersey's expungement laws has been signed in January.
"Expungement offers an incentive against recidivism. It gives people who currently have little chance of finding legal employment the opportunity to leave past mistakes behind them, find a job and be productive," said Green (D-Middlesex/Somerset/Union). "The fact of the matter is, the system is working against those individuals who have served their time and want to change and do better."
The new law (A-206-471-1663-2879-3060-3108) reduces the statutory waiting period for an expungement of a criminal conviction from 10 years to five years from the date of the person's last conviction, payment of fine, satisfactory completion of probation or parole or release from incarceration, whichever is later. In the case of a disorderly persons or petty disorderly persons offense, the waiting period is reduced from five years to three years. Individuals with a criminal conviction or a conviction for a disorderly persons or petty disorderly persons offense must apply for an expungement to the Superior Court in the county where the conviction was adjudged.
"A criminal record can affect a person's ability to secure housing, employment and even loans for school," said Spencer (D-Essex). "How is a person supposed to successfully reintegrate back into society when almost every road to self-dependence is blocked by a criminal record?"
"Individuals who have learned from their mistakes should not be defined by their criminal records for the rest of their lives," said Gusciora (D-Mercer/Hunterdon). "These folks are going back into our communities. It makes sense that we make it easier for them to become constructive citizens."
"Putting your life back together after being incarcerated can take time. It can take even longer with a criminal record looming over you," said Johnson (D-Bergen). "It is a greater benefit to society when these individuals are able to put their past behind them and lead better, more productive lives."
The new law also will allow expungement of conviction records for certain persons who have completed the state's special probation drug court program. The court may order the expungement of all records and information related to all prior criminal arrests, detention, convictions and proceedings for any offense enumerated in the Criminal Code, Title 2C of the New Jersey statutes. A person is ineligible for expungement if his or her records include a conviction for any offense that had been previously barred from expungement.
An individual who is successfully discharged on or after the law's effective date, April 18, 2016, will be eligible to have all prior matters expunged only if he or she was not convicted of any crime, disorderly persons offense or petty disorderly persons offense while on special probation. An individual who was successfully discharged prior to the law's effective date will be eligible to have all matters expunged that existed at the time of discharge only if he or she has not been convicted of any crime of offense since his or her discharge date.
"Participants in drug court have a far lower recidivism rate than offenders who are incarcerated in state prisons," said McKeon (D-Essex/Morris). "If we want these individuals to continue on the right path, then we have to give them the chance to do better instead of setting up roadblocks."
"There's no benefit to continually punishing people who have served their time and now want to redeem themselves," said Giblin (D-Essex/Passaic). "We have to create opportunities for individuals who want to be productive members of society, which is very hard to do with a criminal record."
"These individuals successfully completed a substance abuse program. They did not break any laws while in the program. They have demonstrated a desire to be and do better," said Wimberly (D-Bergen/Passaic). "Expunging their criminal records can help them continue on the path to recovery."
In the case of individuals with an arrest or charge that did not result in a conviction or finding of guilt - whether the proceedings were dismissed, or the person was acquitted or discharged - the following would apply:
• if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal or discharge, would order the expungement of all records and information relating to the arrest or charge; or
• if the proceedings took place in municipal court, the municipal court would provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request an expungement, and the Superior Court, upon receipt of the documentation with an expungement request would take action to order the expungement of all records and information relating to the arrest or charge. A person seeking such an expungement would not be charged an application fee for taking such action.
"The lingering effects of a criminal record can make the difference between successful reintegration and reentry. These individuals went through the judicial process and were absolved," said Quijano (D-Union). "The sooner their records are expunged, the sooner they can get back to normal.” They can hire an attorney for expungement in a shorter waiting period.
Federal DWI in Sandy Hook
Federal DWI in Sandy Hook
NJ 18 U.S.C.A 13 Laws of States adopted 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
If charged with a DWI or drug offense at Sandy Hook, the case will be handled in the Federal Magistrate Court, currently in Newark at the Federal Courthouse. 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.
DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ
DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ
CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 4 - VEHICLES AND TRAFFIC SAFETY
4.23 - Operating under the influence of alcohol or drugs.
(a) Operating or being in actual physical control of a motor vehicle is prohibited while: (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph.
(b) The provisions of paragraph (a) of this section also apply to an operator who is or has been legally entitled to use alcohol or another drug.
(c) Tests. (1) At the request or direction of an authorized person who has probable cause to believe that an operator of a motor vehicle within a park area has violated a provision of paragraph (a) of this section, the operator shall submit to one or more tests of the blood, breath, saliva or urine for the purpose of determining blood alcohol and drug content.
(2) Refusal by an operator to submit to a test is prohibited and proof of refusal may be admissible in any related judicial proceeding.
(3) Any test or tests for the presence of alcohol and drugs shall be determined by and administered at the direction of an authorized person.
(4) Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use.
(d) Presumptive levels. (1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator's blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol.
(2) The provisions of paragraph (d)(1) of this section are not intended to limit the introduction of any other competent evidence bearing upon the question of whether the operator, at the time of the alleged violation, was under the influence of alcohol, or a drug, or drugs, or any combination thereof.
[52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003]
(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.
Assimilative Crimes Act, 18 U.S.C. § 13
The US Attorneys Office wrote the Assimilative Crimes Act, 18 U.S.C. § 13, makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in 18 U.S.C. § 7(3), when the act or omission is not made punishable by an enactment of Congress.
Source https://www.justice.gov/usam/criminal-resource-manual-610-deportations-expulsions-or-other-extraordinary-renditions
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