Plea Bargaining Criminal, Municipal Court and Traffic Cases to reduce penalties and

charges
Kenneth Vercammen's Law office represents people charged with criminal offenses and
disorderly offenses. We provide representation throughout New Jersey. Criminal charges can
cost you. If convicted you can face high fines !ail "ro#ation and other penalties. $on't give
up% &ur Law &ffice can provide e'perienced attorney representation for criminal violations. &ur
we#site www.n!laws.com provides information on criminal offenses we can #e retained to
represent people.
(nder the New Jersey Court )ules a New Jersey *ttorney can negotiate with the
"rosecutor to attempt to reduce penalties.
+he following is the law in New Jersey on "lea ,argains-
)ule- .-/01. "leas "lea *greements 23unicipal Court +raffic4
2a4 "leas *llowed 5uilty "lea.
264 5enerally. * defendant may plead not guilty or guilty #ut the court may in its discretion
refuse to accept a guilty plea. +he court shall not however accept a guilty plea without first
addressing the defendant personally and determining #y in7uiry of the defendant and in the
court's discretion of others that the plea is made voluntarily with understanding of the nature of
the charge and the conse7uences of the plea and that there is a factual #asis for the plea. (pon
the re7uest of the defendant the court may at the time of the acceptance of a guilty plea order
that the plea shall not #e evidential in any civil proceeding. If a defendant refuses to plead or
stands mute or if the court refuses to accept a guilty plea the court shall enter a plea of not
guilty. If a guilty plea is entered the court may hear the witnesses in support of the complaint
prior to !udgment and sentence and after such hearing may in its discretion refuse to accept
the plea.
214 Corporate $efendants. * defendant that is a corporation partnership or unincorporated
association may enter a plea #y an authori8ed officer or agent and may appear #y an officer or
agent provided the appearance is consented to #y the named party defendant and the court
finds that the interest of !ustice does not re7uire the appearance of counsel. If a defendant that
is a corporation partnership or unincorporated association fails to appear or answer the court
if satisfied that service was duly made shall enter an appearance and a plea of not guilty for the
defendant and thereupon proceed to hear the complaint.
2#4 Withdrawal of "lea. * motion to withdraw a plea of guilty shall #e made #efore sentencing
#ut the court may permit it to #e made thereafter to correct a manifest in!ustice.
2c4 Conditional "leas. With the approval of the court and the consent of the prosecuting
attorney a defendant may enter a conditional plea of guilty reserving on the record the right to
appeal from the adverse determination of any specified pretrial motion. * defendant who
prevails on appeal shall #e afforded the opportunity to withdraw the guilty plea. Nothing in this
rule shall #e construed as limiting the right to appeal provided #y ). .-9012c4214.
2d4 "lea *greements. "lea agreements may #e entered into only pursuant to the 5uidelines and
accompanying Comment issued #y the :upreme Court #oth of which are anne'ed as an
*ppendi' to "art VII provided however that-
264 the complaint is prosecuted #y the municipal prosecutor the county prosecutor or the
*ttorney 5eneral; and
214 the defendant is either represented #y counsel or <nowingly waives the right to counsel on
6
the record; and
2=4 the prosecuting attorney represents to the court that the complaining witness and the victim
if the victim is present at the hearing have #een consulted a#out the agreement; and
2>4 the plea agreement involves a matter within the !urisdiction of the municipal court and does
not result in the downgrade or disposition of indicta#le offenses without the consent of the
county prosecutor which consent shall #e noted on the record; and
294 the sentence recommendations if any do not circumvent minimum sentences re7uired #y
law for the offense.
When a plea agreement is reached its terms and the factual #asis that supports the charge2s4
shall #e fully set forth on the record pursuant to section 2a4264 of this rule. If the !udge
determines that the interest of !ustice would not #e served #y accepting the agreement the
!udge shall so state and the defendant shall #e informed of the right to withdraw the plea if
already entered.
*""?N$I@ +& "*)+ VII. 5(I$?LIN?: A&) &"?)*+I&N &A "L?* *5)??3?N+: IN +B?
3(NICI"*L C&()+: &A N?W J?):?C
5(I$?LIN? 6. "()"&:?
+he purpose of these 5uidelines is to allow for fle'i#ility in the definitions and e'clusions
relating to the plea agreement process as that process evolves and certain offenses come to
demand lesser or greater scrutiny.
5(I$?LIN? 1. $?AINI+I&N:
Aor the purpose of these 5uidelines a plea agreement occurs in a 3unicipal Court
matter whenever the prosecutor and the defense agree as to the offense or offenses to which a
defendant will plead guilty on condition that any or all of the following occur-
2a4 the prosecutor will recommend to the court that another offense or offenses #e dismissed
2#4 the prosecutor will recommend to the court that it accept a plea to a lesser or other offense
2whether included or not4 than that originally charged
2c4 the prosecutor will recommend a sentence2s4 not to e'ceed the ma'imum permitted to the
court or remain silent at sentencing
5(I$?LIN? =. ")&:?C(+&)': )?:"&N:I,ILI+I?:
Nothing in these 5uidelines should #e construed to affect in any way the prosecutor's
discretion in any case to move unilaterally for an amendment to the original charge or a
dismissal of the charges pending against a defendant if the prosecutor determines and
represents on the record the reasons in support of the motion.
5(I$?LIN? >. LI3I+*+I&N
No plea agreements whatsoever will #e allowed in drun<en driving or certain drug
offenses. +hose offenses are-
*. $riving while under the influence of li7uor or drugs 2N.J.:.*. =D->09E4 and
,. "ossession of mari!uana or hashish 2N.J.:.*. 1C-=906Ea2>44; #eing under the influence of a
controlled dangerous su#stance or its analog 2N.J.:.*. 1C-=906E#4; and use possession or
intent to use or possess drug paraphernalia etc. 2N.J.:.*. 1C-=/014.
1
If a defendant is charged with driving while under the influence of li7uor or drugs 2N.J.:.*. =D->0
9E4 and refusal to provide a #reath sample 2N.J.:.*. =D->09E.14 arising out of the same factual
transaction and the defendant pleads guilty to the N.J.:.*. =D->09E offense the !udge on
recommendation of the prosecutor may
=
dismiss the refusal charge.
Nothing contained in these limitations shall prohi#it the !udge from considering a plea
agreement as to the collateral charges arising out of the same factual transaction connected
with any of the a#ove enumerated offenses in sections * and , of this 5uideline.
+he !udge may for certain other offenses su#!ect to minimum mandatory penalties refuse to
accept a plea agreement unless the prosecuting attorney represents that the possi#ility of
conviction is so remote that the interests of !ustice re7uires the acceptance of a plea to a lesser
offense.
:(")?3? C&()+ C&33?N+
&ver the years various uni7ue practices and procedures have evolved in connection with
the disposition of 3unicipal Court cases. +hus it is the intent of these 5uidelines to define
regulated plea agreements as including every common practice that has evolved as a
su#terfuge for plea agreements. +herefore for the purpose of these 5uidelines a plea
agreement shall include all of those traditional practices utili8ed #y prosecutors and defense
counsel including FmergerF FdismissalF FdowngradeF or Famendment.F 5enerally FmergersF
involve the dismissal of lesser0included or related offenses when a defendant pleads to the most
serious offense. F$ismissalsF involve motions to dismiss a pending charge or plea agreement
when the municipal prosecutor determines for cause 2usually for insufficient evidence4 that the
charge should #e dismissed. F$owngradesF or FamendmentsF involve the ta<ing of a plea to a
lesser or included offense to that originally charged.
"lea agreements are to #e distinguished from the discretion of a prosecutor to charge or
unilaterally move to dismiss amend or otherwise dispose of a matter. It is recogni8ed that it is
not the municipal prosecutor's function merely to see< convictions in all cases. +he prosecutor is
not an ordinary advocate. )ather the prosecutor has an o#ligation to defendants the :tate and
the pu#lic to see that !ustice is done and truth is revealed in each individual case. +he goal
should #e to achieve individual !ustice in individual cases.
In discharging the diverse responsi#ilities of that office a prosecutor must have some
latitude to e'ercise the prosecutorial discretion demanded of that position. It is well esta#lished
for e'ample that a prosecutor should not prosecute when the evidence does not support the
:tate's charges. Aurther the prosecutor should have the a#ility to amend the charges to
conform to the proofs.
GGGGGGGGGGGGGGGGGGG
"lea ,argaining in :uperior Court- 2Indicta#le; Aelony +ype Cases4
)(L? =-D. ")?+)I*L ")&C?$()?
=-D06. "re arraignment Conference; "lea &ffer; *rraignmentH:tatus Conference; "retrial
Bearings; "retrial Conference
2a4 "re arraignment Conference. *fter an indictment has #een returned or an indictment sealed
pursuant to ). =-/0I has #een unsealed a copy of the indictment together with the discovery for
each defendant named therein shall #e either delivered to the criminal division manager's
office or #e availa#le at the prosecutor's office within 6> days of the return or unsealing of the
indictment. *fter the return or unsealing of the indictment the defendant shall #e notified in
writing #y the criminal division manager's office to appear for a pre arraignment conference
>
which shall occur within 16 days of indictment. *t the pre arraignment conference the defendant
shall #e- informed of the charges; notified in writing of the date place and time for the
arraignmentHstatus conference; and if the defendant so re7uests #e allowed to apply for pretrial
intervention. +he criminal division manager's office shall not otherwise advise the defendant
regarding the case. +he criminal division manager's office shall ascertain whether the
defendant is represented #y counsel and if not whether the defendant can afford counsel. If
indicated that the defendant cannot afford counsel the defendant shall #e re7uired to fill out the
(niform $efendant Inta<e )eport. If a defendant does not appear for a pre arraignment
conference the criminal division manager shall notify the criminal presiding !udge who may
issue a #ench warrant. * defendant's attorney see<ing discovery shall o#tain a copy of the
indictment and discovery from either the criminal division manager's office or the prosecutor's
office no later than 1I days after the return or unsealing of the indictment. No pre arraignment
conference shall #e re7uired where the defendant has counsel and the criminal division
manager's office has esta#lished to its satisfaction- 264 that an appearance has #een filed under
)ule =-I06; 214 that discovery if re7uested has #een o#tained; and 2=4 that defendant and
counsel have o#tained a date place and time for the arraignmentHstatus conference.
2#4 "lea &ffer. "rior to the arraignmentHstatus conference the prosecutor and the defense
attorney shall discuss the case including any plea offer and any outstanding or anticipated
motions and discovery issues and report thereon at the arraignmentHstatus conference. *ny plea
offer to #e made #y the prosecutor shall #e in writing and forwarded to the defendant's attorney.
2c4 *rraignmentH:tatus Conference; In &pen Court. +he arraignmentHstatus conference shall #e
conducted in open court no later than 9E days after indictment. +he !udge shall advise the
defendant of the su#stance of the charge and confirm that the defendant has reviewed with
counsel the indictment and the discovery. +he defendant shall enter a plea to the charges. If the
plea is not guilty counsel shall report on the results of plea negotiations and such other matters
discussed pursuant to ). =-D062#4 which shall promote a fair and e'peditious disposition of the
case. *t that time the dates for hearing of motions and a further status conference if necessary
shall #e scheduled according to the differentiated needs of each case. ?ach status conference
shall #e held in open court with the defendant present.
2d4 "retrial Bearings. Bearings to resolve issues relating to the admissi#ility of statements #y
defendant pretrial identifications of defendant sound recordings and motions to suppress shall
unless otherwise ordered #y the court #e held prior to the pretrial conference and upon a
showing of good cause hearings as to admissi#ility of other evidence may also #e held pretrial.
2e4 "retrial Conference. If the court determines that discovery is complete; that all motions have
#een decided or scheduled in accordance with paragraph 2d4; and that all reasona#le efforts to
dispose of the case without trial have #een made and it appears that further negotiations or an
additional status conference will not result in disposition of the case or progress toward
disposition of the case the !udge shall conduct a pretrial conference. +he conference shall #e
conducted in open court with the prosecutor defense counsel and the defendant present.
(nless o#!ected to #y a party the court shall as< the prosecutor to descri#e without pre!udice
the case including the salient facts and anticipated proofs and shall address the defendant to
determine that the defendant understands- 264 the :tate's final plea offer if one e'ists; 214 the
sentencing e'posure for the offenses charged if convicted; 2=4 that ordinarily a negotiated plea
will not #e accepted after the pretrial conference and a trial date has #een set; 2>4 the nature
meaning and conse7uences of the fact that a negotiated plea will not #e accepted after the
pretrial conference has #een conducted and a trial date has #een set; and 294 that the defendant
has a right to re!ect the plea offer and go to trial and that if the defendant goes to trial the :tate
must prove the case #eyond a reasona#le dou#t. If the case is not otherwise disposed of a
pretrial memorandum shall #e prepared in a form prescri#ed #y the *dministrative $irector of
9
the Courts. +he pretrial memorandum shall #e reviewed on the record with counsel and the
defendant present and shall #e signed #y the !udge who in consultation with counsel shall fi'
the trial date. No admissions made #y the defendant or defendant's attorney at the conference
shall #e used against the defendant unless the admissions are reduced to writing and signed #y
the defendant and defendant's attorney. +he court shall also inform the defendant of the right to
#e present at trial the trial date set and the conse7uences of a failure to appear for trial
including the possi#ility that the trial will ta<e place in defendant's a#sence.
=-D01. "leas
* defendant may plead only guilty or not guilty to an offense. +he court in its discretion
may refuse to accept a plea of guilty and shall not accept such plea without first addressing the
defendant personally and determining #y in7uiry of the defendant and others in the court's
discretion that there is a factual #asis for the plea and that the plea is made voluntarily not as a
result of any threats or of any promises or inducements not disclosed on the record and with an
understanding of the nature of the charge and the conse7uences of the plea. When the
defendant is charged with a crime punisha#le #y death no factual #asis shall #e re7uired from
the defendant #efore entry of a plea of guilty to a capital offense or to a lesser included offense
provided the court is satisfied from the proofs presented that there is a factual #asis for the plea.
Aor good cause shown the court may in accepting a plea of guilty order that such plea not #e
evidential in any civil proceeding. If a plea of guilty is refused no admission made #y the
defendant shall #e admissi#le in evidence against the defendant at trial. If a defendant refuses
to plead or stands mute or if the court refuses to accept a plea of guilty a plea of not guilty shall
#e entered. ,efore accepting a plea of guilty the court shall re7uire the defendant to complete
insofar as applica#le and sign the appropriate form prescri#ed #y the *dministrative $irector of
the Courts which shall then #e filed with the criminal division manager's office.
=-D0=. "lea $iscussions; *greements; Withdrawals
2a4 "lea $iscussions 5enerally. +he prosecutor and defense attorney may engage in
discussions relating to pleas and sentences and shall engage in discussions a#out such matters
as will promote a fair and e'peditious disposition of the case #ut e'cept as hereinafter
authori8ed the !udge shall ta<e no part in such discussions.
2#4 ?ntry of "lea. When the prosecutor and defense counsel reach an agreement concerning
the offense or offenses to which a defendant will plead on condition that other charges pending
against the defendant will #e dismissed or an agreement concerning the sentence that the
prosecutor will recommend or when pursuant to paragraph 2c4 the defendant pleads guilty
#ased on indications #y the court of the ma'imum sentence to #e imposed such agreement and
such indications shall #e placed on the record in open court at the time the plea is entered.
2c4 $isclosure to Court. &n re7uest of the prosecutor and defense counsel the court in the
presence of #oth counsel may permit the disclosure to it of the tentative agreement and the
reasons therefor in advance of the time for tender of the plea or if no tentative agreement has
#een reached the status of negotiations toward a plea agreement. +he court may then indicate
to the prosecutor and defense counsel whether it will concur in the tentative agreement or if no
tentative agreement has #een reached and with the consent of #oth counsel the ma'imum
sentence it would impose in the event the defendant enters a plea of guilty assuming however
in #oth cases that the information in the presentence report at the time of sentence is as has
#een represented to the court at the time of the disclosure and supports its determination that
/
the interests of !ustice would #e served there#y. If the agreement is reached without such
disclosure or if the court agrees conditionally to accept the plea agreement as set forth a#ove
or if the plea is to #e #ased on the court's conditional indication a#out the sentence all the
terms of the plea including the court's concurrence or its indication concerning sentence shall
#e placed on the record in open court at the time the plea is entered. Nothing in this )ule shall
#e construed to authori8e the court to dismiss or downgrade any charge without the consent of
the prosecutor.
2d4 *greements Involving the )ight to *ppeal. Whenever a plea agreement includes a provision
that defendant will not appeal the court shall advise the defendant that notwithstanding the
inclusion of this provision the defendant has the right to ta<e a timely appeal
if the plea agreement is accepted #ut that if the defendant does so the plea agreement
may #e annulled at the option of the prosecutor in which event all charges shall #e restored to
the same status as immediately #efore the entry of the plea. In the event the defendant files an
appeal in a case in which the plea agreement included a provision that the defendant will not
appeal the :tate must e'ercise its right to annul the plea agreement no later than seven days
prior to the date scheduled for oral argument or su#mission without argument.
2e4 Withdrawal of "lea. If at the time of sentencing the court determines that the interests of
!ustice would not #e served #y effectuating the agreement reached #y the prosecutor and
defense counsel or #y imposing sentence in accordance with the court's previous indications of
sentence the court may vacate the plea or the defendant shall #e permitted to withdraw the
plea.
2f4 Conditional "leas. With the approval of the court and the consent of the prosecuting attorney
a defendant may enter a conditional plea of guilty reserving on the record the right to appeal
from the adverse determination of any specified pretrial motion. If the defendant prevails on
appeal the defendant shall #e afforded the opportunity to withdraw his or her plea. Nothing in
this rule shall #e construed as limiting the right of appeal provided for in ). =-90.2d4.
2g4 "lea Cut &ff. *fter the pretrial conference has #een conducted and a trial date set the court
shall not accept negotiated pleas a#sent the approval of the Criminal "residing Judge #ased on
a material change of circumstance or the need to avoid a protracted trial or a manifest in!ustice.
:upreme Court Commentary
* Fmaterial change of circumstanceF means a change occurring after the pretrial
conference that strengthens or wea<ens the case of either the prosecution or the defense
sufficiently to warrant a change in their plea0#argaining position. It may #e either a change in
fact or in the <nowledge of counsel. :ome typical e'amples that may constitute material change
of circumstance are when new charges are filed after the plea cut0off has #een imposed a
!ustifia#le change of attorney has occurred a witness #ecomes no longer availa#le a mistrial or
hung !ury occurs or some evidence is newly discovered. Bowever a change that would
ordinarily have #een anticipated #y a reasona#ly competent prosecutor or defense attorney
including some of the foregoing e'amples is not material nor is a change that results from
counsel's lac< of ordinary
diligence. * Fprotracted trialF is one that will pro#a#ly last two wee<s or more. &ne e'ample of
manifest in!ustice is a se'ual assault case in which the victim is a child- if the trial is li<ely to
have a su#stantial adverse impact on the child the court may grant waiver. F3anifest in!usticeF
does not e'ist simply #ecause the parties are a#le and willing to enter into a plea #argain on or
#efore the date of trial.
* plea cut0off rule was recommended #y twelve mem#ers of the :upreme Court Criminal
.
"ractice Committee in a dissent filed with the 6DD10D> Criminal "ractice Committee
)ecommendations on )ules Necessary to Implement the Criminal $ivision &perating
:tandards. :ee 6=. N.J.L.J. 9> ./0... +hat recommendation was adopted and further modified
#y the :upreme Court as set forth a#ove.
PLEA FORM in Criminal Indictale matters
Cou need to read discuss with Cour *ttorney then sign and initial each line
$?A?N$*N+J: N*3?
#efore Judge GGGGGGGGGG
6. List the charges to which you are pleading guilty-
:tatutory 3a'imum
Ind.H*cc.HComp. K Count Nature of &ffense $egree +ime Aine VCC, *ssmt
Cour total e'posure as the result of this plea is- +&+*L GGGGGGGGGG
*"")&")I*+? *N:W?)
1 a. $id you commit the offense2s4 to which you are pleading guiltyL GGG
1.#. $o you understand that #efore the !udge can find you guilty you will have to tell the !udge
what you did that ma<es you guilty of the particular offense2s4L GGG
=. $o you understand what the charges meanL GGG

$o you understand that #y pleading guilty you are giving up certain rightsL *mong them are-
a. +he right to a !ury trial in which the :tate must prove you guilty #eyond a reasona#le dou#tL

#. +he right to remain silentL

>. c. +he right to confront the witnesses against youL

$o you understand that if you plead guilty-
a. Cou will have a criminal recordL

#. (nless the plea agreement provides otherwise you could #e sentenced to serve the
ma'imum time in confinement to pay the ma'imum fine and to pay the ma'imum Violent
Crimes Compensation ,oard *ssessmentL
c. Cou must pay a minimum Violent Crimes Compensation ,oard assessment of M9E 2M6EE
minimum if you are convicted of a crime of violence4 for each count to which you plead guiltyL
2"enalty is M=E if offense occurred #etween January D 6DI/ and $ecem#er 11 6DD6 inclusive.
M19 if offense occurred #efore January 6 6DI/.4
9. d. If the offense occurred on or after Ae#ruary 6 6DD= #ut was #efore 3arch 6= 6DD9 and
you are #eing sentenced to pro#ation or a :tate correctional facility you must pay a transaction
fee of up to M6.EE for each occasion when a payment or installment payment is madeL If the
offense occurred on or after 3arch 6= 6DD9
and the sentence is to pro#ation or the sentence otherwise re7uires payments of financial
o#ligations to the pro#ation division you must pay a transaction fee of up to M1.EE for each
I
occasion when a payment or installment payment is madeL

N VI&L?N+ C)I3?: C&3"?N:*+I&N ,&*)$ *::?::3?N+
e. If the offense occurred on or after *ugust 1 6DD= you must pay a M.9 :afe Neigh#orhood
:ervices Aund assessment for each convictionL

f. If the offense occurred on or after January 9 6DD> and you agreeing sentenced to pro#ation
you must pay a fee of up to M19 per month for the term of pro#ationL

g. If the crime occurred on or after January D 6DD. you must pay a Law ?nforcement &fficers
+raining and ?7uipment Aund penalty of M=EL

9. h. Cou will #e re7uired to provide a $N* sample which could #e used #y law enforcement for
the investigation of criminal activity and pay for the cost of testingL

/. $o you understand that the court could in its discretion impose a minimum time in
confinement to #e served #efore you #ecome eligi#le for parole which period could #e as long
as one half of the period of the custodial sentenced imposedL
$id you enter a plea of guilty to any charges that re7uire a mandatory period of parole
ineligi#ility or a mandatory e'tended termL
.. a. If you are pleading guilty to such a charge the minimum mandatory period of parole
ineligi#ility is years and months 2fill in the num#er of yearsHmonths4 and the ma'imum period of
parole ineligi#ility can #e years and months 2fill in the num#er of yearsHmonths4 and this period
cannot #e reduced #y good time wor< or minimum custody credits.
I. *re you pleading guilty to a crime that contains a presumption of imprisonment which means
that it is almost certain that you will go to state prisonL

*re you presently on pro#ation or paroleL

D. a. $o you reali8e that a guilty plea may result in a violation of your pro#ation or paroleL
ONH*P
*re you presently serving a custodial sentence on another chargeL
6E. a. $o you understand that a guilty plea may affect your parole eligi#ilityL
ONH*P
66. $o you understand that if you have plead guilty to or have #een found guilty on other
charges or are presently serving a custodial term and the plea agreement is silent on the issue
the court may re7uire that all sentences #e made to run consecutivelyL
ONH*P
List any charges the prosecutor has agreed to recommend for dismissal-
Ind.H*cc.HCompl. K Count Nature of &ffense and $egree
61.
6=. :pecify any sentence the prosecutor has agreed to recommend-
Bas the prosecutor promised that he or she will N&+-
D

a. :pea< at sentencingL

#. :ee< an e'tended term of confinementL

6>. c. :ee< a stipulation of parole ineligi#ilityL

69. *re you aware that 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 a#le or will #e a#le in the future to pay
restitutionL
6/. $o you understand that if you are a pu#lic office holder or employee you can #e re7uired to
forfeit your office or !o# #y virtue of your plea of guiltyL
6.. $o you understand that if you are not a (nited :tates citi8en or national you may #e
deported #y virtue of your plea of guiltyL

6I. Bave you discussed with your attorney the legal doctrine of mergerL
6D. *re you giving up your right at sentence to argue that there are charges you pleaded guilty
to for which you cannot #e given a separate sentenceL

1E. List any other promises or representations that have #een made #y you the prosecutor
your defense attorney or anyone else as a part of this plea of guilty-
16. Bave any promises other than those mentioned on this form or any threats #een made in
order to cause you to plead guiltyL
11. a. $o you understand that the !udge is not #ound #y any promises or recommendations of
the prosecutor and that the !udge has the right to re!ect the plea #efore sentencing you and the
right to impose a more severe sentenceL
#. $o you understand that if the !udge decides to impose a more severe sentence than
recommended #y the prosecutor that you may ta<e #ac< your pleaL

c. $o you understand that if you are permitted to ta<e #ac< your plea of guilty #ecause of the
!udgeJs sentence that anything you say in furtherance of the guilty plea cannot #e used against
you at trialL
1=. *re you satisfied with the advice you have received from your lawyerL

1>. $o you have any 7uestions concerning this pleaL

!E""ET# $ERCAMME" % A&&OCIATE&, PC
ATTOR"E' AT LA(
1E9= Wood#ridge *ve.
?dison NJ EII6.
6E
2"hone4 .=109.10E9EE
2Aa'4 .=109.10EE=E
we#site- www.n!laws.com
66