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Sentencing in criminal cases.

Posted by attorney Kenneth Vercammen

Sentencing in criminal cases. Sentencing. Kenneth Vercammen's Law office represents persons charged with criminal offenses throughout New Jersey. The Judge at the time of sentencing always has several options including but not limited to jail, probation, community service, restitution and substance abuse counseling. The Probation Department, which has interviewed you, will prepare what is called a Pre-Sentence Report. This provides information regarding the offense to the Court together with information regarding your background. The judge will also review any letters or documents that are submitted to the Court on your behalf. If you have a drug charge, the Judge will often have a drug test conducted on the morning of sentencing. If you test positive for illegal drugs, the judge usually will have the defendant locked up. KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 2C:44-1 Criteria for withholding or imposing sentence of imprisonment.? ?2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:??(1)The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner;??(2)The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;??(3)The risk that the defendant will commit another offense;??(4)A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30, or the defendant took advantage of a position of trust or confidence to commit the offense;??(5)There is a substantial likelihood that the defendant is involved in organized criminal activity;??(6)The extent of the defendant's prior criminal record and the seriousness of the offenses of which he has been convicted;??(7)The defendant committed the offense pursuant to an agreement that he either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;??(8)The defendant committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; or the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of his duties or because of the person's status as a sports official, coach or manager;??(9)The need for deterring the defendant and others from violating the law; ??(10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;??(11) The imposition of a fine, penalty or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;??(12) The defendant committed the offense against a person who he knew or should have known was 60 years of age or older, or disabled; and??(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle.

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