2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Sunday, January 13, 2013

NJAC 10A:31-25.1 Authority for Work Release in NJ

NJAC 10A:31-25.1 Authority for Work Release in NJ

    N.J.S.A. 30:8-44 authorizes the operation of a county Work Release Program for inmates to participate in employment, a vocational training course, or to care for the offender's family in the counties in which the governing body or Board of Freeholders has approved the establishment of this type of program(s)

Tuesday, January 01, 2013

Possesion Of Marijuana by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law


Possesion Of Marijuana by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Vercammen Law 2053 Woodbridge Ave.
Edison, NJ 08817
Defenses to arrest for Possesion Of Marijuana
http://www.njlaws.com/2c_35-10a4possession-marijuana.html?id=2255&a=
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;

(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;

(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

KENNETH VERCAMMEN, ESQ.
732-572-0500
2053 Woodbridge Ave.
Edison, NJ 08817
www.BeNotGuilty.com

Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

video
Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Rights Upon Arrest Contact Kenneth Vercammen Esq. for represenatation
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/what_to_do_if_arrested.html?id=1037&a=
   1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.

2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.

3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it.

NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line.

Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and is playing golf today.

4. Call your lawyer at the first opportunity.

5. Make bail. Borrow money from relatives and friends. You may need money to hire investigators and experts.

6. Bring to your attorney the Complaint and Arrest report if provided.

7. Obtain names, addresses, phone number of your witnesses.

8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line.

9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don't want to waste a trip to the courthouse.

10. Stop taking any illegal drugs. You will be required to take several drug tests.

Consequences of a Criminal Guilty Plea in Superior Court:

1. If you plead guilty you will have a criminal record.

2. Before the judge can accept your guilty plea, you will have to stand up in open court and tell the judge what you did that makes you guilty of the particular offense in front of all persons in the courtroom.

3. You can go to jail, pay thousands of dollars in fines, and may be barred from future employment

4. You may not be able to get a job as a teacher, public employee, banking industry, real estate or other state regulated field.

5. On employment applications, you will have to answer yes, that you were convicted of a crime.

6. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

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

8. In all drug cases, the statute requires mandatory driver's license suspension. New Jersey does not have a special license to go to work or school.

9. 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.

10. You must pay restitution if the court finds there is a victim who has suffered a loss.

11. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

12. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

13. You must wait 5-10 years to expunge a first offense. 2C:52-3

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

KENNETH VERCAMMEN & ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.BeNotGuilty.Com