Expungement Services to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services

Expungement Services to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services

$1,900 if paid within 7 days  

Credit card or Check payable to Vercammen PC.

Also you need to provide a check or money order for court fees:

 Check for $52.50 payable, Treasurer, State of NJ

Check payable  Postmaster Edison $43.00 for certified mail

What we will do:

-Telephone consultation with client;

-Office consultation with client;

-Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure;

-Review documents supplied by client and court;

-Review of necessary statutes and case law;

-Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD          PURSUANT TO N.J.S.A. 2C:52-6(a)

-Preparation of CERTIFICATION  STATEMENT TO ACCOMPANY PETITION

         - Preparation of ORDER FOR HEARING FOR EXPUNGEMENT PURSUANT to N.J.S.A. 2C:52-6(a)

         - Preparation of ORDER FOR EXPUNGEMENT

Prepare letter to Client with Petition, Statement to Accompany Petition of no pending charges, Order for Hearing, Proposed Order for Expungement

Client signs Petition Statement to Accompany Petition of no pending charges

Attorney calls Superior Court and confirm address for Expungement Unit.

We Mail to Superior Court Expungement Unit-

                           Orig. and one Petition

                           Statement to Accompany Petition

                           Order for Hearing

                           Proposed Order for Expungement

                           Check for $52.50 payable, Treasurer, State of NJ

                           2 self-addressed stamped envelopes

Follow up Court Order for hearing (takes approx 30 days)

Expungement Services to Remove Bill  rev 3/14/13

         Upon receipt of signed Order for hearing, Prepare Certified Mail Green cards for documents to be served on law  enforcement and court. -

-Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Attorney General

                       Department of Law & Public Safety

                       Expungement Section- PO Box 080

                       Trenton, NJ 08625  

        

         - Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Superintendent of State Police

                  Expungement Unit

                  River Road, PO Box 7068

                  West Trenton, NJ 08628

         - Preparation of letter with Order for hearing and proposed Order for Expungement to County Prosecutor;

         - Preparation of letter with Order for hearing and proposed Order for Expungement to Chief of Police;

         - Preparation of letter to client with Order for hearing and proposed     Order for Expungement to Municipal Court Administrator;

                 

         When all the green cert. mail cards come in we put date mailed to Law Enforcement. on form 6 (Cert.) and mail to Court . After receipt of all certified mail Green cards, Preparation of CERTIFICATION OF SERVICE OF ORDER FOR HEARING

         We make copies of cert. mail green cards and letter before mailing out original green cards to court.

        

Misc phone calls to and from client

-Call Superior Court Expungement Unit to confirm they received green cards and no need to appear on hearing date if no objection.

After Expungement granted and receipt of signed Order for Expungement,

         Preparation of letter with signed Order for Expungement to:

         -NJ Attorney General by regular mail

                          Department of Law & Public Safety

         - Preparation of letter with signed Order for Expungement to

         NJ Superintendent of State Police

         - Preparation of letter with signed Order for Expungement to County    Prosecutor;

         - Preparation of letter with signed Order for Expungement to Chief of Police;

         - Preparation of letter with signed Order for Expungement to Municipal Court Administrator; and any other public entity requested by the court. Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies.

Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire.

         Please note we do not open a file and do not handle the case until all fees are paid in full up front.

Any other work not listed above will require additional fees or costs. The client must provide disposition for all prior criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. You may want to order a criminal history CCH on yourself when the expungement is started. The fee to obtain your criminal history is less than $75. For a Criminal History Contact www.bioapplicant.com/nj or call Morpho Trak at 1-877-503-5981. The law office cannot obtain a criminal history. Our Private investigator can do this for you for an extra $900.

If the expungement is granted we recommend to all clients to send a follow up letter and copy of Order for Expungement by Certified Mail to all above Courts and Law Enforcement so they have a copy for their records. The Law Office can handle this for additional fee of $250. You should also serve a copy on the credit reporting agencies.

If the Court grants the expungement petition, the NJ police departments and NJ courts will be required to remove information from their records. The Court order does not pertain to online private companies or websites, which may contain old information. The Federal Government and immigration still has access to expunged /erased records.

If there are objections to the Expungement Petition by the Prosecutor or other entities and a hearing is required, additional fees will apply. They fee you paid does not include appeals if the court denies your petition.

Please fill out blank lines on your computer or by hand and email or return to office to start Expungement, and provide check or credit card info. You need to provide us with the Certified disposition if Municipal Court to provide to the Superior Court. If Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction if a guilty plea. The court-filing fee is typically a separate check.

1.  Petitioner's name is _____________.  Petitioner has never used any other name.      Current address ___________________________________

2.  Petitioner's date of birth is _______, Social Security Number is ________

3.  Petitioner was charged/ arrested on   ________________ for violation of the following: 

N.J.S.A. 2C:  ______________

type of offense   _________________

Town ___________________

Summons/ Warrant/ Complaint #  ____________________

[Leave out traffic tickets ex 39:4-49.1.   Traffic tickets cannot be expunged]

The original complaint number was ___________

4.  This matter was in ___________   County  . 

5. This matter was heard in the   ______________ Municipal Court on __________

6. On ______, I plead guilty of the following offense: ________________________.

I was fined _____, costs of ______ and ______.

 Or

on ________________, charges were dismissed

7. The following are all other charges against me since I was 18 year old, even if the charge was dismissed:  [IF NONE, WRITE NONE]

Petitioner was charged  on   ________________ for violation of the following: 

N.J.S.A. 2C:  ______________

type of offense   _________________

Summons/ Warrant/ Complaint #  ____________________

Other prior offenses:

This matter was in ___________  County , town ______________

Disposition/ result ___________________________________

[If none, write none]

The client must provide a written disposition to the court for all prior criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. The Law Office can obtain the a Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves.

Juvenile adjudication does not bar adult expungement.

Juvenile adjudication does not bar adult expungement. In the Matter of the Expungement Application of D.J.B. __ NJ __ (2014)

         Based on its language and legislative history, N.J.S.A. 2C: 52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a "crime" that would bar a later attempt to expunge an adult conviction under N.J.S.A. 2C:52-2.   

Minitee Police Could Search Car Without a Warrant. State v. Minitee

  Police Could Search Car Involved in armed Robbery Without a Warrant.  State v. Minitee 210 NJ 307 (2012) 

         Under the circumstances of this case, the trial court correctly denied the defendant’s motion to suppress because the warrantless search of the SUV that was involved in the robbery fit within the scope of the automobile exception to the search warrant requirement.

1. The United States Constitution and the New Jersey Constitution guarantee an individual’s right to be secure against unreasonable searches or seizures. A search conducted without a warrant is presumed to be invalid. There are exceptions to the warrant requirement, and the State bears the burden of establishing by a preponderance of the credible evidence that one of the exceptions applies. Only two exceptions are pertinent to this matter—the search incident to arrest exception and the automobile exception. With regard to search incident to arrest, when police place an individual under arrest, they may search his person and the area within his immediate grasp. In the automobile context, New Jersey restricts the scope of the search to the area from which an individual may seize a weapon or destroy evidence. The search in this case cannot be sustained as one incident to Minitee’s arrest. It can only withstand challenge if its circumstances bring it within the scope of the automobile exception. 

2. The New Jersey Constitution provides citizens with greater protections than its federal counterpart. Under New Jersey law, three factors are considered before applying the automobile exception to the warrant requirement: 1) whether the stop was unplanned and unforeseen--the police must have no advance knowledge of the events to unfold so that they cannot create the exigency; 2) whether police had probable cause to believe the automobile contained evidence of criminality; and 3) whether exigent circumstances made it impractical to obtain a warrant. 

3. The Appellate Division based its conclusion that exigent circumstances were lacking in this case on State v. Pena-Flores, 198 N.J. 6 (2009), which discussed facts that can contribute to the presence of exigent circumstances, such as the time of day, location of the stop, unfolding events establishing probable cause, whether it would be safe to leave the car unguarded, and others. However, the discussion in Pena-Flores was not intended to provide an exhaustive list and was focused on the facts of that case. In this case, other facts demonstrate that police were confronted with exigent circumstances. These include an armed robbery, at least two perpetrators on the run who were possibly armed, a search for them that spanned several municipalities, and an attempt to find a discarded weapon before a bystander was injured or it was taken and hidden for future criminal activity. Additionally, the site where the SUV came to rest was poorly lit and not amenable to a thorough search, and the officers had no assurance that the perpetrators on the run were not in the vicinity and able to fire at them. Because the facts of Pena-Flores are distinguishable from this matter, its legal principles are not dispositive of this case. 

4. State v. Martin, 87 N.J. 561 (1981) is instructive. In Martin, police located a car involved in a robbery and could see in the car a glove that matched the description of a glove worn by one of the robbers. The police had the car towed to the station and searched it without a warrant. The Court upheld the search, explaining that the suspected robbers were at large, lighting where the car was discovered was dim, exigency was heightened by the fact that police were actively involved in an ongoing investigation shortly after the robbery and near to where it occurred, and there was an urgent need to ascertain whether the car contained evidence of the armed robbery before the suspects could leave the area or destroy or dispose of other evidence. 

5. In this case, it is not dispositive that the vehicle had been at police headquarters for some time before it was searched. The difficulties the officers faced were exacerbated by the multiple sites that had to be examined for clues, the critical need to locate the handgun, and the fact that events were unfolding close to midnight in the dead of winter. The officers’ actions were reasonable under the circumstances. 

     The judgment of the Appellate Division was REVERSED, and the defendants’ convictions were REINSTATED.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. J.S. IN THE MATTER OF THE GUARDIANSHIP OF A.G., A MINOR

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. J.S. IN THE MATTER OF THE GUARDIANSHIP OF A.G., A MINOR


A-0512-12T1

Defendant, a biological father, appeals the Family Part's judgment terminating his parental rights as to his minor child following a multi-day trial. Among other things, defendant argues that the trial court erred in upholding a decision of the Division of Youth and Family Services to "rule out" two cousins who had expressed interest in serving as alternative caregivers for the child.

Affirming the final judgment, we reject defendant's argument that the Division lacks the authority to rule out relatives under N.J.S.A. 30:4C-12.1 based upon considerations of a child's best interests. Instead, we hold that the applicable statutory provisions and a related regulation, N.J.A.C. 10:120A-3.1, allow the Division to rule out a relative on such best-interests grounds, regardless of the relative's willingness or ability to care for a child. However, the Division's rule-out authority is always subject to the Family Part's ultimate assessment of that child's best interests.

We also uphold the validity of the language in N.J.A.C. 10:120A-3.1(b) prohibiting a relative who the Division rules out on best-interests grounds from pursuing an administrative appeal of that agency determination. However, we urge the Division to act with reasonable diligence in notifying a potential caretaker that he or she has been ruled out, once the investigation of that person has been completed.
10-17-13

Shoplifting 2C:20-11 b

Shoplifting  2C:20-11 b

Call Kenneth Vercammen for representation 732-572-0500

Shoplifting shall consist of any one or more of the following acts:


(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.



(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.



(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.



(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.



(5 )For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.



(6 )For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the  merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.



c.Gradation. 

Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is  $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more. 



(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than  $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.



(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.



(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.



      The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.



Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows:  for a first offense, at least ten days of community service;  for a second offense, at least 15 days of community service;  and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.


Criminal Indictable and Disorderly Offense  Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

                                Jail 2C: 43- 8       jail  6 month maximum

                                                           probation 1-2 year                      

                                                           community service  180 days maximum  

                                                           mandatory costs, VCCB and other penalties

Disorderly- fines:          2C: 43- 3        $1,000 Fine  maximum              

         There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.   

         Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

-Petty Disorderly person - 30 days jail   maximum

Petty DP $500 max Fine, VCCB and other penalties

         Indictable Criminal Penalties    [Felony type]  [ Superior Court]

                                         Jail  potential       Fine max         Probation

         1st degree           10- 20 years            $200,000        [presumption of jail]

         2nd degree          5-10 years               $150,000        [presumption of jail]

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

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

         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.

         If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties! 

Research by:    KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

 2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More information on Fines, jail and penalties on website: www.njlaws.com

[rev 8/28/11  Fines, Jail penalty criminal]                                                                                                                                           


d. Presumptions.  Any person purposely concealing uppercased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

  Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

 He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division.

     

KENNETH  VERCAMMEN  ATTORNEY AT LAW 

2053 Woodbridge Ave. Edison, NJ 08817      732-572-0500

NJ LAWS LEGAL WEBSITE: www.njlaws.com

Criminal website    www.BeNotGuilty.com