Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee,GP He was a speaker at the ABA Annual Meeting attended by 10,000 attorneys and professionals. Visit Website www.njlaws.com
Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500
http://www.njlaws.com/

Wednesday, September 2, 2015

NJSA 33:1-81. Underage drinking in bar, Misrepresenting age to induce sale or delivery to minor; disorderly person Rutgers, Rider U, Monmouth U, Kean, Seton Hall and other NJ colleges

NJSA 33:1-81. Underage drinking in bar, Misrepresenting age to induce sale or delivery to minor; disorderly person Rutgers, Rider U, Monmouth U, Kean, Seton Hall and other NJ colleges



33:1-81. It shall be unlawful for:
(a) A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or
(b) A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

(c) Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

(d) Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.
Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1. Hearing; attendance by parent or guardian; subpoena

In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its discretion, compel such attendance by subpoena.

33:1-81.1a. Violations by parent, guardian, notification, fine

A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S.33:1-81 or section 1 of P.L.1979, c.264 (C.2C:33-15) shall be notified of the violation in writing. The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S.33:1-81 or section 1 of P.L.1979, c.264 (C.2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

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. Do you understand that 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. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. 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.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. 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 a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

Monday, August 17, 2015

GOVERNOR SIGNS BILL REFORMING STATE’S JUVENILE JUSTICE SYSTEM 2015 JUVENILE JUSTICE REFORM LAWS

GOVERNOR SIGNS  BILL REFORMING STATE’S JUVENILE JUSTICE SYSTEM

2015 Juvenile Justice Reform Laws

New laws new law makes various changes to this State’s juvenile justice system.  The new law revamps the State’s law governing waiver of juveniles to adult criminal court and increases certain extended sentences for juveniles; requires due process before a juvenile can be transferred to an adult correctional facility; and places limitations on the use of room restriction to discipline incarcerated juveniles.
      Under this State’s current juvenile waiver statute, a juvenile’s case may be transferred to adult criminal court under certain circumstances. Whether a juvenile’s case is waived depends on the age of the juvenile and whether probable cause is established that the juvenile committed the offense charged.  In some instances, waiver depends upon whether it can be shown that the interests of the public require waiver and whether the juvenile can establish that the probability of rehabilitation through the use of court services by the time the juvenile is 19 years old outweighs the reasons for waiver.
      Currently, a prosecutor has 30 days from the receipt of the complaint to file a waiver motion unless good cause is shown to extend this time period.  If a prosecutor motions to waive the case of a juvenile who has reached the age of 16 or older and establishes the requisite probable cause that the juvenile committed a serious offense as enumerated in the statute, often referred to as a “chart 1 offense,” the juvenile will automatically be waived to adult criminal court.  This is referred to as “prosecutorial discretionary waiver.”  The chart 1 offenses include  such offenses as criminal homicide (excluding death by auto), strict liability for drug-induced deaths, first degree robbery, aggravated sexual assault and sexual assault, possession of a firearm with the purpose to use it unlawfully against another person, leader of a narcotics trafficking network, maintaining and operating a controlled dangerous substance production facility, weapons possession while committing certain other controlled dangerous substance offenses, and first or second degree computer criminal activity.
      Juveniles who are 14 or 15 years old and juveniles 16 years of age or older who are charged with less serious offenses, often referred to as “chart 2 offenses,” will be waived to adult criminal court if the State establishes that the nature of the charge against the juvenile or the juvenile’s prior record is sufficiently serious that waiver is in the public interest and if the juvenile fails to establish during an “amenability hearing” that the probability of rehabilitation outweighs the reasons for waiver.  This is referred to as “judicial discretionary waiver.”
      The new law repeals the current juvenile waiver statute and replaces it with a streamlined process for determining whether a juvenile case should be transferred to an adult criminal court.  Under the new law, only juveniles who are 15 years of age and older and who are charged with certain chart 1 offenses as enumerated in the new law would be eligible for waiver.  The new law increases the time allotted to the prosecutor to file a waiver motion from 30 to 60 days after receiving the complaint.
      The new law requires the waiver motion to be accompanied by a written statement from the prosecutor clearly setting forth the facts used in assessing the waiver factors together with an explanation as to how evaluation of those facts support waiver for each particular juvenile. The new law directs the court to review during a hearing whether the prosecution considered the waiver factors.  The court may deny the prosecutor’s waiver motion if the court is clearly convinced that the prosecutor abused the prosecutor’s discretion in considering those factors.
      The new law also provides that a juvenile whose case was waived would serve the juvenile’s sentence in a juvenile facility rather than an adult facility.  The new law directs that the juvenile’s case is to proceed in the adult criminal court as if the case originated there, including through sentencing, but there is a presumption that the juvenile will serve a custodial sentence in a juvenile facility until the juvenile reaches the age of 21.  Juveniles under 21 years of age may be required to serve the sentence in a State correctional facility if the Juvenile Justice Commission finds the juvenile’s continued presence in the facility threatens the public safety, the safety of juvenile offenders, or the operations of the commission.  Also, a juvenile may continue to serve a sentence in a juvenile facility after reaching the age of 21 in the discretion of the commission and if the juvenile consents.
      Also under the new law, certain juvenile cases waived to an adult criminal court will be remanded to the juvenile court for sentencing, which is referred to as “disposition under the juvenile code.” Specifically, if a juvenile was not convicted of the offense on which the waiver was based, but was convicted of another offense, the new law directs that offense be deemed a juvenile adjudication and be remanded to the juvenile court for a disposition, which may include incarceration.  The juvenile therefore would be subject to the penalties under the juvenile code, rather than those under the adult criminal code.
      In addition to revamping the current juvenile waiver statute, the new law establishes a presumption that a juvenile whose case has been waived is to be detained in a juvenile facility pending resolution of the case and pending sentencing.
      The new law changes the current law governing extended sentences for juveniles.  Currently, the juvenile code provides for a custodial sentence of one year for a crime which, if committed by an adult, constitutes a fourth degree crime; two years for a third degree crime; three years for a second degree crime; four years for a first degree crime other than murder; and either 10 or 20 years for murder, depending on the circumstances.  A prosecutor can apply for an extended term of incarceration if the juvenile was adjudicated delinquent on two separate occasions for a first or second degree crime and was previously incarcerated.  Extended terms consist of five years for murder, two years for a crime of the first or second degree, and one year for a crime of the third degree.  Under the new law, the extended sentence remains five years for murder, but increases from two to three years for all other first degree crimes.  The new law removes the requirement that the juvenile had to be previously incarcerated to be eligible for an extended sentence.
      The new law provides that if the prosecutor and defense consent, at any point in the proceedings subsequent to the decision granting waiver, the court may remand the case to juvenile court if it appears the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available to that court and the interests of the public are no longer served by waiver to the adult criminal court.
      The new law establishes data collection and reporting requirements concerning juvenile waiver; biennial reports are to be published on the commission’s website and transmitted to the Governor and the Legislature.
      The new law makes changes to the current law governing the transfer of juveniles from a juvenile facility to a State correctional facility.
      The new law places limitations on the use of solitary confinement, or what is referred to in current Juvenile Justice Commission (JJC) regulations as “room restriction,” in State juvenile correctional facilities and juvenile detention centers.  The new law prohibits a juvenile from being subject to room restriction, unless the juvenile poses an immediate and substantial risk of harm to others or to the security of the facility, and all other less-restrictive options have been exhausted.
      The new law requires that the use of room restriction be documented by the facility or center and aggregate data is to be made available to the public under the State’s Open Public Records Act.  The new law requires the JJC to publish the aggregate data on its website.
      As reported by the committee, this new law is identical to Assembly New law No. 4299 (ACS), as also reported by the committee.

FISCAL IMPACT:
      The new law requires certain data collection and reporting requirements by the Juvenile Justice Commission, in cooperation with the Administrative Office of the Courts, the Attorney General, and the county prosecutors concerning waiver and room restriction.  The new law requires that reports be published on the Internet as well as provided to the Governor and Legislature.  The reporting requirements may require additional manpower for collection, analysis, and creation of reports.
      The new law adds to the list of serious offenses for which a juvenile may be waived to adult court and to an adult correctional facility; however, the new law provides a presumption juveniles will serve custodial sentences in juvenile facilities which may lead to fewer juveniles being sentenced to adult correctional facilities.  According to data provided in the Governor’s proposed budget, as of 2015 adult correctional facilities such as Garden State Youth ($82.73 per day), Albert C. Wagner Youth ($140.10 per day), and Mountainview Youth ($115.97 per day) currently have a lower operating budget that the Juvenile Justice Commission institutions ($611.61 per day). The daily cost per inmate will fluctuate depending on how many juveniles are sentenced to each of the respective facilities.
      The new law revises the requirement that a juvenile being transferred from a juvenile facility to an adult facility be represented by the Office of the Public Defender, unless the juvenile chooses to engage private counsel at the juvenile’s expense.  It is unknown how many juveniles will utilize the public defender versus engaging in private counsel.
      The new law revises room restriction guidelines for juveniles of certain ages which may create a minimal expense if there is a need to relocate juveniles to alternate facilities to remedy issues such as inmate-to-inmate conflicts.
Bill Number:S2003 (Pou)/A4299 (Sumter) 
Legislative Session:2014-2016
ACLU-NJ Position:Supports
Assembly:Passed by Assembly
Senate:Passed by Senate
Governor:Signed into Law
Raises the minimum age for waivers from 14 to 15; eliminates some less serious crimes from the list of offenses subject to waiver; creates presumption that waived juveniles remain housed with juveniles until age 21; provides right to counsel and enhances due process protections before juveniles can be transferred from juvenile detention centers to adult prisons; eliminates use of solitary confinement except to protect health, safety, or the operation of a facility; mandates data collection and public reporting regarding the use of waiver and solitary confinement.
Assembly Republican Press Release -
Legislation sponsored by Assembly Republican Maria Rodriguez-Gregg to relieve an overburdened criminal justice system and rehabilitate young offenders was signed into law this week by Governor Christie.
Maria Rodriguez-Gregg
Maria Rodriguez-Gregg
“Other states have been successful with similar reforms,” said Rodriguez-Gregg, R — Burlington, Atlantic and Camden. “These are common sense reforms that ensure fair treatment for juveniles without compromising public interest and safety.”
Texas and Georgia have made comparable changes. The reforms have been delivered measurable improvements to the corrections systems and been deemed successful.
“An overburdened corrections system means overburdened taxpayers, and it is that relief that makes this legislation a win-win package of reforms,” said Rodriguez-Gregg. “This is fiscally responsible reform.”

Thursday, July 30, 2015

2C:33-15 Underage drinking Possession, consumption of alcoholic beverages by persons under legal age; Belmar, New Brunswick, Seaside Heights, Pt. Pleasant, Asbury Park, Long Branch,

2C:33-15 Underage drinking Possession, consumption of alcoholic beverages by persons under legal age; penalty.

1. a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b.Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant.  Upon the conviction of any person under this section, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the commission along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the commission the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c.In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d.Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e.The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.

f.An underage person and one or two other persons shall be immune from prosecution under this section if:

(1)one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2)the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3)the underage person was the first person to make the 9-1-1 report; and

(4)the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

The underage person who received medical assistance also shall be immune from prosecution under this section. 

Sunday, July 19, 2015

33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

 33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
Our office represents people charged with Underage drinking at events such as PNC Arts Center/ Garden State Arts Center Holmdel, NJ.

 Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

The following is current criminal law plus amendments as of April. 2004 on 33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.


33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.


33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

CONCLUSION

If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and job is on the line, hire the best attorney available.


 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)  732-572-0030
                                   
TRIAL AND LITIGATION EXPERIENCE
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters.  He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings,  and contested administrative law hearings.

Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis.  He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey.

He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South Brunswick,  South River and South Plainfield for conflict cases.  Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success.

Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office.  He represented  indigent individuals facing consequences of magnitude.  He was in Court trying cases and making motions in difficult criminal and DWI matters.  Every case he personally handled and prepared.

His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients.

Since 1985, his primary concentration has been on litigation matters.  Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling Probable Cause Hearings,  Middlesex County Probation Department  as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

Sunday, June 28, 2015

Pretextual stops for tinted windows valid

Pretextual stops for tinted windows valid 
   Usually- Police could stop for tinted windows.  State v. Cohen 347 NJ Super. 375 (App. Div. 2002)    Defendant appealed the Law Division's affirmance of the municipal court's denial of a motion to suppress, which found that a stop of defendant's vehicle was justified based on the officer's reasonable belief that tinted windows constituted a violation of a motor vehicle statute.  We affirmed, holding that N.J.S.A. 39:3-74 prohibits the use of tinted windows that fail to meet the applicable standard set forth in N.J.A.C. 13:20-33.7, Thereby overruling State v. Harrison, 236 N.J. Super. 69 (Law Div. 1989), and In re R.M. and J.M., 343 N.J. Super. 153 (Ch. Div. 2001).   Further, an automobile stop is proper so long as it is based on a reasonable, articulable suspicion that a violation has occurred, and the officer's belief that the tinted windows represented a significant obstruction was sufficient to implicate the "community caretaking" function. Lastly, N.J.S.A. 39:3-15, which exempts non-resident owners of vehicles registered in other states from complying with New Jersey equipment requirements, does not preclude an officer from conducting an identification check of a noncompliance vehicle.
39:3-74.  Windshields must be unobstructed and equipped with cleaners
    Every motor vehicle having a windshield shall be equipped with at least one  device in good working order for cleaning rain, snow or other moisture from the  windshield so as to provide clear vision for the driver, and all such devices  shall be so constructed and installed as to be operated or controlled by the  driver.

    No person shall drive any motor vehicle with any sign, poster, sticker or other non-transparent material upon the front windshield, wings, deflectors, side shields, corner lights adjoining windshield or front side windows of such vehicle other than a certificate or other article required to be so displayed by statute or by regulations of the commissioner.

    No person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides.

2A:61C-1 Shoplifting civil demand, retail thefts, civil action; provided.

2A:61C-1 Shoplifting civil demand, retail thefts, civil action; provided.

In addition to criminal charges in a shoplifting case, the store can demand a civil penalty

1. a. A person who commits the offense of shoplifting as defined in N.J.S.2C:20-11 or a person who commits the offense of theft as defined in Chapter 20 of Title 2C of the New Jersey Statutes by stealing food or drink from an eating establishment shall be liable for any criminal penalties imposed by law and shall be liable to the merchant in a civil action in an amount equal to the following: 

(1)The value of the merchandise as damages, not to exceed $500, if the merchandise cannot be restored to the merchant in its original condition;

(2)Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and 

(3)A civil penalty payable to the merchant in an amount of up to $150.

b.A parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting or the offense of theft of food or drink from an eating establishment shall be liable to the merchant for the damages specified in subsection a. of this section. This subsection shall not apply to a parent whose parental custody and control of such minor has been removed by court order, decree, judgment, military service, or marriage of such infant, or to a resource family parent of such minor. 

c.If a merchant institutes a civil action pursuant to the provisions of this section, the prevailing party in that action shall be entitled to an award of reasonable attorneys fees and reasonable court costs.

d.Limitations on civil action:

(1)Before a civil action may be commenced, the merchant shall send a notice to the defendant’s last known address giving the defendant 20 days to respond. It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft. 

(2)No civil action under this act may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a sum of up to $150. 

(3)The provisions of this act do not apply in any case where the value of the merchandise exceeds $500.

e.If the person to whom a written demand is made complies with such demand within 20 days following the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft. 

5:22-2. Referral Without Juvenile's Consent to adult court

5:22-2. Referral Without Juvenile's Consent to adult court

  • (a) Motion for Referral. A motion seeking waiver of jurisdiction by the Family Part shall be filed by the prosecutor within 30 days after the receipt of the complaint, which time shall not be extended except for good cause shown.
  • (b) Probable Cause; Evidence. At the referral hearing, the court shall receive the evidence offered by the State and by the juvenile, limited to the issue of probable cause. The court also shall permit cross-examination of any witnesses.
  • (c) Standards for Referral. The court shall waive jurisdiction of a juvenile delinquency action without the juvenile's consent and shall refer the action to the appropriate court and prosecuting authority having jurisdiction under the following circumstances:
    • (1) Judicial Discretion for Juveniles Age 14 or Older and Charged with a Chart 2 Offense. The juvenile must have been 14 years of age or older at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act which if committed by an adult would constitute:
      • (A) a crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted of:
        • 1. criminal homicide, other than death by auto; or
        • 2. strict liability for drug-induced deaths (N.J.S.A. 2C:35-9); or
        • 3. first degree robbery; or
        • 4. carjacking; or
        • 5. aggravated sexual assault; or
        • 6. sexual assault; or
        • 7. second degree aggravated assault; or
        • 8. kidnapping; or
        • 9. aggravated arson; or
      • (B) a crime committed at a time when the juvenile had previously been sentenced to and confined in an adult penal institution; or
      • (C) an offense against a person committed in an aggressive, violent, and willful manner, other than a Chart 1 offense enumerated in N.J.S.A. 2A:4A-26a(2)(a); or the unlawful possession of a firearm, destructive device or other prohibited weapon; or arson; or death by auto if the juvenile was operating the vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug; or an attempt or conspiracy to commit any of these crimes; or
      • (D) a violation of N.J.S.A. 2C:35-3 (Leader of a Narcotics Trafficking Network), N.J.S.A. 2C:35-4 (Maintaining and Operating a CDS Production Facility), N.J.S.A. 2C:35-5 (Manufacturing, Distributing or Dispensing Narcotics), or an attempt or conspiracy to commit any of these crimes, other than where the violation, attempt or conspiracy involves the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any school property or within 1000 feet of such school property; or
      • (E) a crime or crimes that are part of a continuing criminal activity in concert with two or more persons, when the circumstances show that the juvenile has knowingly devoted himself or herself to criminal activity as a source of livelihood; or
      • (F) theft of an automobile.
        On a finding of probable cause for any of the offenses enumerated above, the burden is on the prosecution to show that the nature and circumstances of the charge or the juvenile's prior record are sufficiently serious that the interests of the public require waiver. Waiver shall not be granted, however, if the juvenile can show that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services, and facilities available to the court substantially outweighs the reasons for waiver.
    • (2) Judicial Discretion for Juveniles Age 14 or 15 and Charged with a Chart 1 Offense or with Certain Drug Offenses Committed Within a School Zone. The juvenile must have been 14 or 15 years old at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act that if committed by an adult would constitute
      • (A) criminal homicide, other than death by auto; or strict liability for drug-induced deaths; or first degree robbery; or carjacking; or aggravated sexual assault; or sexual assault; or second degree aggravated assault; or kidnapping; or aggravated arson; or an attempt or conspiracy to commit any of these crimes; or
      • (B) possession of a firearm with a purpose to use it unlawfully against the person of another under subsection (a) of N.J.S.A. 2C:39-4, or possession of a firearm while committing or attempting to commit, including the immediate flight therefrom, aggravated assault, aggravated criminal sexual contact, burglary or escape; or
      • (C) a violation of N.J.S.A. 2C:35-3 (Leader of a Narcotics Trafficking Network), N.J.S.A. 2C:35-4 (Maintaining and Operating a CDS Production Facility), N.J.S.A. 2C:35-5 (Manufacturing, Distributing or Dispensing Narcotics), or an attempt or conspiracy to commit any of these crimes; and which violation, attempt or conspiracy involves the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any school property or within 1000 feet of such school property; or
      • (D) computer activity that would be a crime of the first or second degree pursuant to section 4 or section 10 of P.L.1984, c.184 (N.J.S.A. 2C:20-25 or 2C:20-31).
        On a finding of probable cause for any of these enumerated offenses, there is a rebuttable presumption that waiver will occur. The juvenile can rebut this presumption only by demonstrating that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services or facilities available to the court substantially outweighs the reasons for waiver.
    • (3) Prosecutorial Discretion for Juveniles Age 16 or Older and Charged with a Chart 1 Offense or Certain Other Enumerated Offenses. The juvenile must have been 16 years of age or older at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act that if committed by an adult would constitute
      • (A) criminal homicide, other than death by auto; or strict liability for drug-induced deaths; or first degree robbery; or carjacking; or aggravated sexual assault; or sexual assault; or second degree aggravated assault; or kidnapping; or aggravated arson; or
      • (B) possession of a firearm with a purpose to use it unlawfully against the person of another under subsection (a) of N.J.S.A. 2C:39-4, or possession of a firearm while committing or attempting to commit, including the immediate flight therefrom, aggravated assault, aggravated criminal sexual contact, burglary or escape; or
      • (C) a violation of N.J.S.A. 2C:35-3 (Leader of a Narcotics Trafficking Network), N.J.S.A. 2C:35-4 (Maintaining and Operating a CDS Production Facility), or N.J.S.A. 2C:39-4.1 (Weapons Possession While Committing Certain CDS Offenses); or
      • (D) computer activity that would be a crime of the first or second degree pursuant to section 4 or section 10 of P.L.1984, c.184 (N.J.S.A. 2C:20-25 or C.2C:20-31).
        On a finding of probable cause for any of these enumerated offenses, no additional showing is required for waiver to occur. Jurisdiction of the case shall be transferred immediately.
    • (4) Judicial Discretion for Juveniles Age 16 or 17 and Charged with Certain Drug Offenses Committed Within a School Zone. The juvenile must have been 16 years of age or older at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act that if committed by an adult would constitute
      • (A) a violation of N.J.S.A. 2C:35-5 (Manufacturing, Distributing or Dispensing Narcotics), or an attempt or conspiracy to commit this crime; and which violation, attempt or conspiracy involves the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on school property or within 1000 feet of such school property.
        On a finding of probable cause for any such offense, there is a rebuttable presumption that waiver will occur. The juvenile can rebut this presumption only by demonstrating that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services and facilities available to the court substantially outweighs the reasons for waiver.
    • (d) Order of Reference. An order referring a case shall incorporate therein not only the alleged act or acts upon which the referral is based but all other delinquent acts charged against the juvenile arising out of or related to the same transaction.
    • (e) Admissibility of Testimony Given at Referral Hearing. No testimony of a juvenile at a hearing to determine referral by this rule shall be admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense.
Note: Source-R.R.. (1969) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007.

5:22-3. Detention Hearing After Referral

When a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the court waiving jurisdiction shall, on hearing, determine pursuant to the criteria set forth in N.J.S. 2A:4A-36(a) whether the juvenile, if in custody pending trial, shall be confined in an adult or juvenile detention facility. In no case shall a juvenile be remanded to an adult detention facility prior to the hearing provided for herein.
Note: Source-R.R.. (1969) 5:9-5(d). Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended November 5, 1986 to be effective January 1, 1987.

5:22-4. Proceedings After Transfer

Whenever a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the action shall proceed in the same manner as if it has been instituted in that court in the first instance.