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Kenneth
Vercammen & Associates |
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| Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. As set forth in NJ Practice, Vol. 31, Criminal Practice and Procedure, (1997), Sec 292, the defendant has a right to bail before conviction except if he/she is charged with a crime punishable by death and the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed. 3 This means that absent exceptional circumstances the defendant has a right to pretrial liberty if the defendant provides surety in such amount as in the judgment of the court will insure the defendant's appearance at trial. 4 Stated in other terms, the right to bail means that in the absence of exceptional circumstances the defendant has the right to have the court set bail in an amount which does not exceed that which will insure defendant's appearance at trial, and if the defendant can "come up" with cash in that amount, or 10 percent of that amount if the defendant is eligible to be released on 10 percent cash bail,5 or a bond or other surety, then the defendant must be released. BAIL PROCEDURES Any person unable to post bail shall have his or her bail reviewed by
a Superior Court judge not later than the next day which is neither a
Saturday, Sunday or legal holiday. 7 A first motion for a reduction of
bail shall be held by the Court no later than 7 days after it is filed.8 R. 3:26-1(a) provides in relevant part that "all persons, shall
be bailable before conviction on such terms as, in the judgment of the
court, will insure their presence in court when required having regard
for their background, residence, employment and family status and, particularly,
the general policy against unnecessary sureties and detention." These
factors are specified in more detail in State v. Johnson 10 as follows:
seriousness of the charge; the likelihood of conviction and the extent
of punishment; defendant's criminal record, if any, and previous record
on bail, if any; defendant's reputation and mental condition; the length
of his/her residence in the community; defendant's family ties and relationships;
defendant's employment status, record of employment and financial condition;
the identity of responsible members of the community vouching for his/her
reliability; and any other factors indicating defendant's mode of life,
or ties to the community. The likelihood of flight must be considered
in light of these factors and bail set accordingly. R. 3:26-2[c]. R. 3:26-2[d].
61 N.J. 351, 294 A.2d 245 [1972]. RESIDENCE PRIOR RECORD FAMILY TIES EMPLOYMENT TOTAL TIME IN NEW JERSEY MISCELLANEOUS FACTORS MAKING FLIGHT UNLIKELY
3:26-1. Right to Bail Before Conviction (a) Persons Entitled; Standards for Fixing. All persons, except those
charged with crimes punishable by death when the prosecutor presents proof
that there is a likelihood of conviction and reasonable grounds to believe
that the death penalty may be imposed, shall be bailable before conviction
on such terms as, in the judgment of the court, will ensure their presence
in court when required. The factors to be considered in setting bail are:
(1) the seriousness of the crime charged against defendant, the apparent
likelihood of conviction, and the extent of the punishment prescribed
by the Legislature; (2) defendant's criminal record, if any, and previous
record on bail, if any; (3) defendant's reputation, and mental condition;
(4) the length of defendant's residence in the community; (5) defendant's
family ties and relationships; (6) defendant's employment status, record
of employment, and financial condition; (7) the identity of responsible
members of the community who would vouch for defendant's reliability;
(8) any other factors indicating defendant's mode of life, or ties to
the community or bearing on the risk of failure to appear, and, particularly,
the general policy against unnecessary sureties and detention. In its
discretion the court may order the release of a person on that person's
own recognizance. The court may also impose terms or conditions appropriate
to the defendant's release including conditions necessary to protect persons
in the community. Note: Source-R.R. 3:9-1(a)(b)(c)(d); paragraph (a) amended September 28, 1982 to be effective immediately; paragraphs (a), (b), (c) and (d) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 10, 1998 to be effective September 1, 1998. 3:26-2. Authority to Set Bail (a) Authority to Set Initial Bail. A Superior Court judge may set bail
for a person charged with any offense. Bail for any offense except murder,
kidnapping, manslaughter, aggravated manslaughter, aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, a person arrested
in any extradition proceeding or a person arrested under N.J.S.A. 2C:29-9b
for violating a restraining order may be set by any other judge, or in
the absence of a judge, by a municipal court administrator or deputy court
administrator. Note: Source-R.R. 3:9-3(a)(b)(c); amended July 24, 1978 to be effective September 11, 1978; amended May 21, 1979 to be effective June 1, 1979; amended August 28, 1979 to be effective September 1, 1979; amended July 26, 1984 to be effective September 10, 1984; caption amended, former text amended and redesignated paragraph (a) and new paragraphs (b), (c) and (d) adopted July 13, 1994 to be effective January 1, 1995; paragraph (b) amended January 5, 1998 to be effective February 1, 1998. 3:26-3. Bail for Witness (a) Authority to Issue. A Superior Court judge may, on application, conduct
proceedings under N.J.S.A. 2C:104-1 et seq. as to any person who can give
testimony relevant to the prosecution or defense of a pending indictment,
accusation, or complaint for a crime or a criminal investigation before
a grand jury. (b) Application. The application shall be captioned in Superior
Court and entitled "In the Matter of (name of person alleged to be
a material witness)". The application shall include a copy of the
pending indictment, complaint, or accusation and an affidavit containing:
(1) the name and address of the person alleged to be a material witness,
(2) a summary of the facts believed to be known by the alleged material
witness and the relevance to the criminal action or investigation, (3)
the grounds for belief that the person has material and necessary information
concerning the pending criminal action or investigation, and (4) the reasons
why the alleged material witness is unlikely to respond to a subpoena.
If the application requests an arrest warrant, the affidavit shall set
forth why immediate arrest is necessary. Note: Source-R.R. 3:9-4; first paragraph re-designated paragraph (a) and paragraphs (b), (c) (d), (e), (f) and (g) added July 14, 1992 to be effective September 1, 1992; paragraph (g) amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995; paragraphs (a), (b), (c) and (d) amended, former paragraphs (e), (f), and (g) amended and redesignated as paragraphs (f), (g), and (h), and new paragraphs (e) and (i) adopted July 10, 1998 to be effective September 1, 1998. 3:26-4. Form and Place of Deposit; Location of Real Estate; Record of Recognizances, Discharge and Forfeiture Thereof (a) Deposit of Bail. A person admitted to bail shall, together with that
person's sureties, sign and execute a recognizance before the person authorized
to take bail or, if the defendant is in custody, the person in charge
of the place of confinement. The recognizance shall contain the terms
set forth in R. 1:13-3(b) and shall be conditioned upon the defendant's
appearance at all stages of the proceedings until final determination
of the matter, unless otherwise ordered by the court. One or more sureties
may be required. Cash may be accepted, and in proper cases no security
need be required. A corporate surety shall be one approved by the Commissioner
of Insurance and shall execute the recognizance under its corporate seal,
cause the same to be duly acknowledged and shall annex thereto proof of
authority of the officers or agents executing the same and of corporate
authority and qualification. Bail given in the Superior Court shall be
deposited with the clerk of the county in which the offense was committed,
provided that upon order of the court bail shall be transferred from the
county of deposit to the county in which defendant is to be tried. Real
estate offered as bail for indictable and non-indictable offenses shall
be approved by and deposited with the clerk of the county in which the
offense occurred and not with the Municipal Court clerk. In any county,
with the approval of the Assignment Judge, a program may be instituted
for the deposit in court of cash in the amount of 10 percent of the amount
of bail fixed. Note: Source-R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended February 27, 1995 to be effective immediately. 3:26-5. Justification of Sureties Every surety, except an approved corporate surety, shall justify by affidavit and be required to describe therein the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other recognizances and undertakings for bail entered into by the surety and remaining undischarged, if any, and all the surety's other liabilities. No recognizance shall be approved unless the surety thereon shall be qualified. Note: Source-R.R. 3:9-6; amended July 13, 1994 to be effective September 1, 1994. 3:26-6. Forfeiture (a) Declaration; Notice. Upon breach of a condition of a recognizance, the court on its own motion shall order forfeiture of the bail, and the finance division manager shall forthwith send notice of the forfeiture, by ordinary mail, to county counsel, the defendant, and any surety or insurer, bail agent or agency whose names appear on the bail recognizance. Notice to any insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry maintained by the Clerk of the Superior Court pursuant to R. 1:13-3. The notice shall direct that judgment will be entered as to any outstanding bail absent a written objection seeking to set aside the forfeiture, which must be filed within 75 days of the date of the notice. The notice shall also advise the insurer that if it fails to satisfy a judgment entered pursuant to paragraph (c), and until satisfaction is made, it shall be removed from the Bail Registry and its bail agents and agencies, guarantors, and other persons or entities authorized to administer or manage its bail bond business in this State will have no further authority to act for it, and their names, as acting for the insurer, will be removed from the Bail Registry. In addition the bail agent or agency, guarantor or other person or entity authorized by the insurer to administer or manage its bail bond business in this State who acted in such capacity with respect to the forfeited bond will be precluded, by removal from the Bail Registry, from so acting for any other insurer until the judgment has been satisfied. The court shall not enter judgment until the merits of any objection are determined either on the papers filed or, if the court so orders for good cause, at a hearing. In the absence of objection, judgment shall be entered as provided in paragraph (c), but the court may thereafter remit it, in whole or part, in the interest of justice. (b) Setting Aside. The court may, either before or after the entry of judgment, direct that an order of forfeiture or judgment be set aside, in whole or in part, if its enforcement is not required in the interest of justice upon such conditions as it imposes. (c) Enforcement; Remission. In the absence of a motion, when a forfeiture is not set aside or satisfied, the court shall, upon expiration of the 75 days provided for in paragraph (a), summarily enter a judgment of default for any outstanding bail and execution may issue thereon. After entry of such judgment, the court may remit it in whole or in part in the interest of justice. If, following the court's decision on an objection pursuant to paragraph (a) of this rule, the forfeiture is not set aside or satisfied in whole or part, the court shall enter judgment for any outstanding bail and, in the absence of satisfaction thereof, execution may issue thereon. Judgments entered pursuant to this rule shall also advise the insurer that if it fails to satisfy a judgment, and until satisfaction is made, it shall be removed from the Bail Registry and its bail agents and agencies, guarantors, and other persons or entities authorized to administer or manage its bail bond business in this State will have no further authority to act for it, and their names, as acting for the insurer, will be removed from the Bail Registry, as provided in paragraph (a). A copy of the judgment entered pursuant to this rule is to be served by ordinary mail to county counsel, and on any surety or any insurer, bail agent or agency named in the judgment. Notice to any insurer, bail agent or agency shall be sent to the address recorded in the Bail Registry. In any contested proceeding, county counsel shall appear on behalf of the government. County counsel shall be responsible for collection of forfeited amounts. Note: Source--R.R. 3:9-7 (a)(b)(c) (first sentence) (d); paragraphs (a) and (c) amended July 10, 1998 to be effective September 1, 1998; paragraphs (a), (b) and (c) amended July 28, 2004 to be effective September 1, 2004. 3:26-7. Exoneration When the condition of the recognizance has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surrender of the defendant into custody. Note: Source-R.R. 3:9-8. KENNETH VERCAMMEN & ASSOCIATES, PC TRIAL AND LITIGATION EXPERIENCE 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, Berkeley Heights, 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. 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:
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
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