DWI & what attorney will do Offense: dwi 39:4-50

Offense: dwi 39:4-50 3. Representation/ What we will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. Rev 1/25/23 1. Telephone consultation with client; 2. Office consultation with client; 3. Offer sound legal advice to client, plus access to our legal info website www.njlaws.com 4. Preparation of Letter of Representation to Municipal Court; 5. Preparation of Letter of Representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file and access to legal information online 9. Review of necessary statutes and case law; 10. Follow up with Municipal Prosecutor for discovery if suspension or jail is likely; 11. Prepare defense and mitigating factors; 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Negotiations with the Prosecutor 15. Set up Zoom hearing 16. Representation in Virtual Municipal Court via Zoom, Microsoft Teams or phone. Note additional fees will apply if we will be required to travel to a court instead of Virtual online. 17. Preparation of End of Case Letter Free Brochures available on other legal topics such as Worker's Comp, Wills, Personal Injury 18. Free monthly update e-mail newsletter. Provide your email address; 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to annual client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service. 22. Free T- shirt, Pen, Please ask Ken V or staff upon retaining the office. Client can pay by check [mailed or dropped off in our mail slot], cash by appointment or credit card. Please email how you wish to pay up front. For Credit Card Charges law office needs 1. Card number 2. Expiration 3. SECURITY CODE 4. Email address 5. Address where card is billed if different from home address We have client email us: 1. The credit card number 2. Expiration date 3. Authorization to charge the card for the amount 4. any other relevant information regarding the matter 5 Last four digits of credit card 6 Three-digit code on back of credit card. We will then run credit card. You can also call in the credit card info. Some clients are more comfortable sending credit card info in two separate emails but my bookkeeper prefers one. Some clients want to mail or drop off a check, but file is not opened documents not started until office is paid. [or come into office by appointment to pay] Checks are payable to Vercammen PC Upon being paid in full, we agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. We do not represent you until all fees are paid. Fees must be paid in full prior to a Letter of Representation being sent to the Court. Neither this office nor most experienced attorneys accept payment plans if the fees are less than $2,500. Fees are not reduced and not negotiable. Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid in full. We will seek to achieve solutions, which are just and reasonable for you. The legal work includes research, correspondence, preparation and drafting of pleadings or other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. The Law Firm will provide legal representation through an attorney who is licensed to practice law in New Jersey. 4. Other Legal Services. We provide representation only on the charges/tickets/offenses you provided to us at the initial interview form. The Law Firm does not guarantee Kenneth Vercammen will be the trial attorney. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after the first appearance at the court unless retained to appear multiple times. Most cases are resolved at first appearance. (b) File any Motions or Briefs not set forth on page 1 (c) Appeal any decisions of the trial court or make additional appearances after appearing in Court or provide representation after sentencing (d) provide other legal services or advice not listed on page 1; or (e) Represent you in Superior Court, any other court, violation of probation or revocation of conditional discharge, expungement, Motor Vehicles hearing or Immigration issues. 

Criminal mischief 2C:17-3

2C:17-3  Criminal mischief

4th degree  0- 18 months       $10,000             1 year- 5 year

3rd degree  3- 5 years            $15,000             1 year- 5 year

Disorderly person criminal offenses- 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.    

 

2C:17-3 a. Offense defined. A person is guilty of criminal mischief if he:

 

(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or

 

(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

 

b.Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.

 

(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00.  

     It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.

 

(3)Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.

 

(4)Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

 

(5)Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

 

(6)Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.

 

(7)Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service.  Criminal mischief is a crime of the second degree if the substantial interruption or impairment recklessly causes death.

 

(8)Criminal mischief is a crime of the fourth degree if the actor purposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances.

 

c.A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate.  If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

 

d.As used in this section:

 

"Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.

 

e.A person convicted of an offense of criminal mischief that involves the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings, may, in addition to any other penalty imposed by the court, be required to pay to the owner of the property monetary restitution in the amount of the pecuniary damage caused by the damage or destruction.

 

   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, mandatory 6 month- 2 year loss of license, 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, 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 Crime 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 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!  

 

  Purposely

2C:2-2 .  General requirements of culpability

 a.  Minimum requirements of culpability.    Except as provided in subsection c.(3) of this section, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

      b.  Kinds of culpability defined.

   2C:2-2  b (1)  Purposely.  A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result.  A person acts purposely with  respect to attendant circumstances if he is aware of the existence of such  circumstances or he believes or hopes that they exist. "With purpose," "designed,"  "with design"  or equivalent terms have the same meaning.

 

 2C:2-2 b (2)  Knowingly.    A person acts knowingly with respect to the nature of his conduct or the attendant circumstances if he is aware that his conduct is of that nature, or that such circumstances exist, or he is aware of a high probability of their existence.  A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. "Knowing,"  "with knowledge"  or equivalent terms have the same meaning.

 

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 

[Copyright 2019  Vercammen Law    Fines, Jail penalty criminal]                                                                                                        

Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive.  If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.

         

You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.

         

When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

         

Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.  Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.

         Kenneth Vercammen, Certified Criminal Trial Attorney

         Past NJSBA “Municipal Court Attorney of the Year”

Former Prosecutor of Cranbury Municipal Court 

and co-Author of: ABA  "Handling Drug and DWI Cases." 

Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!

 

Criminal Lewdness 2C:14-4 & Penalties

2C:14-4 Lewdness Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. 2C:14-4. Lewdness a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted or alarmed. 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. b. A person commits a crime of the fourth degree if: (1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child. (2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct. c. As used in this section: "lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person. Amended 1992, c. 8, s.1. 2C:14-5. Provisions generally applicable to Chapter 14 a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter. b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim. c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable. L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979. 2C:14-6. Sentencing If a person is convicted of a second or subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of the United States, this state, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a.