https://youtu.be/VjAZ7lle4DI?si=_vddMghRmZqrgTX0
May 4, 2026
March 28, 2022
Denial of suppression Mt where police had probable cause to stop car State v. Gibson
Denial of suppression Mt where police had probable cause to stop car State v. Gibson
Defendant appealed his conviction for possession of a controlled dangerous substance and the denial of his motion to suppress evidence.
Defendant appealed his conviction for possession of a controlled dangerous substance and the denial of his motion to suppress evidence. Officer surveilling residence saw defendant exit house, approach a Buick, hand the driver an object, and saw driver hand defendant money. Officers stopped Buick, found 49 bags of heroin, stopped defendant's car and arrested him with $520 in cash. Officers returned to the residence, defendant's uncle signed a request to search defendant's bedroom and officers found 185 bags of heroin and 37 vials of cocaine. Trial judge denied the motion to suppress evidence from the Buick, but granted it as to the evidence seized from the residence. Defendant argued police lacked reasonable suspicion to stop the Buick. Court agreed. The only evidence presented was the experienced officer's good faith belief he had seen a drug deal. Without further corroborating evidence, the exchange the officer saw, in which he admitted he could not see what defendant gave Buick driver, was just as consistent with innocence as guilt. State's argument that trial judge erred during the hearing in suppressing evidence as to what street source told police was not before the court since State did not cross-appeal. source https://www.law.com/njlawjournal/almID/1641846059NJA341019/
Driver suspended for going 73 in 25 zone State v. Fish
Driver suspended for going 73 in 25 zone State v. Fish
Defendant appealed his convictions for reckless driving and operating an unregistered vehicle. Case Number: A-2027-18
Defendant appealed his convictions for reckless driving and operating an unregistered vehicle. Officers observed defendant participating in a car race in which both vehicles were traveling in excess of 75 miles per hour on a residential street with a speed limit of 25. Officers stopped both vehicles. Driver of other vehicle was arrested for an unrelated offense and defendant was issued summonses. Defendant pled not guilty in municipal court and chose to represent himself but was later appointed counsel. The case was relisted three times to allow defendant to request discovery from the State, but he never did so. Officers testified, court found them credible and found defendant guilty of both charges. Defendant's Law Division trial also found him guilty of both offenses and imposed the same sentence that had been imposed by the municipal court. Defendant argued State failed to timely provide discovery and municipal court abused its discretion in imposing a license suspension. Court found record showed defendant never made a proper request for officers' body cam or dash cam recordings, State did produce the recordings and defendant acknowledged receipt. Court found both judges' finding that defendant's conduct was willful and wanton was amply supported by credible evidence in the record. source https://www.law.com/njlawjournal/almID/1642019665NJA202718/
January 28, 2022
Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2021-2022 March 2, 2022
Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2021-2022
March 2, 2022 at 12 noon
Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute discussion on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.
https://www.facebook.com/events/344815137497455/
For information or membership in Local 9, contact President JohnLeo Fedorka <jlaf57@gmail.com> Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement can attend the update on Municipal Court. Please share
Speaker: KENNETH VERCAMMEN, Esq. of Edison
Contributing writer for the NJ Police Chief Magazine
Editor: NJ Municipal Court Law Review
Past President Middlesex Municipal Court Prosecutors Assoc
NJRPFA welcomes all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.
New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org
About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA. The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members. develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions. https://www.facebook.com/Retired-Police-Fire-Middlesex-Monmouth-Local-9-Njrpfa-981589945241076
October 23, 2021
Instructions for In State Residents Requesting a New Jersey Fingerprint-Based Criminal History Record Check (records from NJ only)
Instructions for In State Residents Requesting a New Jersey Fingerprint-Based Criminal History Record Check (records from NJ only)
Effective July 1, 2021 Applicants and/or Employers will have the ability to download the result of the Personal Record Request letter by clicking on the link below. This will begin for applicants that schedule appointments with IdentoGo on July 1, 2021. In order to download the Personal Record Request letter Applicants and/or Employers will need the IdentoGo PCN, Last Name and Date of Birth as entered on IdentoGO form to be authenticated. The Applicants and/or Employers will have up to 90 days from the date fingerprinted to download the Personal Record Request letter. If after 90 days the Applicant will need to go through the Personal Record Request process again and be fingerprinted. https://njportal.com/NJSP/prr
The Division of State Police, Criminal Information Unit (CIU) provides fingerprint-based New Jersey criminal history record checks to any resident of the state of New Jersey requesting a copy of his/her own criminal history record. A personal record request is typically for the purpose of:
- GOOD CONDUCT
- IMMIGRATION
- NATURALIZATION
- PERSONAL RECORD
- VISA
- INTERNATIONAL ADOPTION
- FOREIGN BUSINESS
- EXPUNGMENT
All Personal Record Requests are New Jersey state only searches.
An individual may obtain a criminal history record check via electronic live scan at one of the approved fingerprint capturing sites. The New Jersey State Police utilizes the live scan fingerprinting services provided by IDEMIA, a private company under contract with the State of New Jersey. In order to be fingerprinted for one of the purposes listed above, you are required to contact IDEMIA to schedule a time and place to have your fingerprints captured at an IdentoGO site.
The quickest and easiest way to schedule your appointment is via the World Wide Web at https://uenroll.identogo.com/.
Web scheduling is available 24 hours per day, seven days per week. Applicants who do not have World Wide Web access should call IDEMIA at the company’s toll-free telephone number, 1-877-503-5981(Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 8:00 a.m. to 12:00 noon). Spanish-speaking operators are available upon request. You must bring proper identification with the home address the appointment was scheduled with as outlined on IDEMIA’s website.
Appointment registration and location information will be available on the Idemia Universal Enrollment Platform (UEP), allowing applicants to schedule appointments using a unique Service Code for each agency/fingerprint reason.
IDEMIA has assigned a Service Code for each unique combination of agency and applicant type. The six character Service Code is used for uniquely identifying the Agency (ORI), and Reason for Fingerprinting (RFP). The use of the Service Code ensures that applicants are being printed for the correct purpose and are not accidently or incorrectly being processed for a service they don’t need. The distribution of the Service Code is dependent on the agency to confirm the correct applicants have the correct service. Below is a list of criminal history Background Checks provided by the New Jersey State Police. Corresponding service codes are listed for each type of request.
The fee for this fingerprinting service is $44.13, which includes the $14.13 vendor fee and associated state sales tax. The following forms of payment are accepted: VISA, Master Card, American Express, Discover, prepaid debit cards, or electronic debit (ACH) from a checking account. Payment will be collected at the Idemia fingerprint site on the day of the scheduled appointment. Appointments must be canceled by 5:00 p.m. on the business day prior to your scheduled time (you must cancel by Saturday at noon for a Monday appointment).
Failure to provide complete and accurate information may result in having to be fingerprinted again and incurring additional costs. (There are no refunds once a criminal histroy background check is completed). Questions or revisions to responses must be made within a ninety day (90) period or the full process will have to be repeated. If you do not receive your response within ten (10) working days please contact the Criminal Information Unit at 609 882-2000 ext. 2918 or CIU@njsp.org.
Any questions regarding New Jersey Criminal History Record Check Process can be directed to the New Jersey State Police, Criminal Information Unit at 609 882-2000 ext. 2918 or CIU@njsp.org.
Personal Records Request:
Applicants that require one of the following fingerprint-based New Jersey criminal history record checks and need the results mailed to the applicant’s address.
- Immigration
- Naturalization
- Personal Record
- Visa
- Expungement
- Good Conduct
Criminal History Record Information (CHRI) NJ
Criminal History Record Information (CHRI):
The New Jersey State Police frequently receives inquiries from government, business, and citizens on the regulations and procedures for obtaining an individual's criminal history record. This web site has been developed to assist you in answering the most common questions asked about this process.
New Jersey Administrative Code (N.J.A.C.) 13:59-1 et seq. authorizes the dissemination of New Jersey Criminal History Record Information (CHRI) by the New Jersey State Police (NJSP), Identification & Information Technology Section (I&ITS), State Bureau of Identification (SBI) for noncriminal justice purposes. The following entities are authorized to obtain from the SBI all records of convictions in the New Jersey state courts and, regardless of their age, all records of pending arrests and charges for violations of New Jersey laws, unless such records have been expunged:
- Governmental entities of this state, the federal government, or any other state for any official governmental purpose, including, but not limited to, employment, licensing and the procurement of services;
- A person or non-governmental entity of any state, that seeks to directly engage the services of the subject of the record, for the purpose of determining the subject's qualifications for employment, volunteer work or other performance of service;
- Attorneys-at-law licensed by any state for use in any contested matters docketed in any state or federal court or administrative agencies of this state;
- Private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9.
- A person for the purpose of obtaining his/her personal record request.
Requests for CHRI by requesters shall be on forms prescribed by the Superintendent of the State Police, with the exception of Attorneys-at-law who may obtain this information through the lawful issuance of a subpoena. source https://www.njsp.org/criminal-history-records/
September 6, 2021
DIRECTIVE #19-21 - Standard Juvenile Intake Screening Form
DIRECTIVE #19-21
- Standard Juvenile Intake Screening Form August11,2021
This promulgates for immediate statewide use a standard Juvenile Intake Screening Form (CN 12833), as approved by Judicial Council. The purpose of the form is to assist the court in determining (based on the severity of the charges) whether a juvenile delinquency case should be addressed either by a judge or by a court diversion program. To ensure consistency in that screening, the attached form sets forth the statutory factors that are to be applied when screening a case under N.J.S.A. 2A:4A-71.
More serious matters proceed to a judge for review with legal counsel representing the youth. Less serious matters, in contrast, are referred to court diversion programs, which have the youth and their parent(s)/guardian(s) (1) meet with a group of judiciary volunteers (Juvenile Conference Committee - JCC) or a court staff person (Intake Service Conference)(ISC); (2) referred to a county Family Crisis Intervention Unit (FCIU) for services; or (3) appear before a juvenile referee.
In these court diversion programs, the delinquency charges are addressed without requiring legal counsel for the youth. For matters addressed by JCC or by ISC, the youth and parent(s)/guardian(s) enter into an agreement to resolve the charges, which if approved by the judge, results in the case being dismissed once the diversion is completed successfully. For matters diverted to FCIU, the court enters an order referring the case to FCIU, and the case is dismissed. For matters diverted to a juvenile referee, the referee conducts an adjudicatory hearing and makes a recommendation to the judge for approval. The juvenile referee may find that the youth committed an act of delinquency and recommend a disposition or find the youth did not commit an act of delinquency and recommend dismissal.
ADA
Americans with Disabilities Act
ENSURING
AN OPEN DOOR TO JUSTICE
Directive #19-21
Family/Juvenile - Standard Juvenile Intake Form August 11, 2021
Page 2 of 2
Please share this directive and the attached form with your judges and staff.
Attachment: CN 12833 - Standard Juvenile Intake Screening Form cc: Chief Justice Stuart Rabner
Acting Attorney General Andrew Bruck
Public Defender Joseph E. Krakora
Lyndsay Ruotolo, Director, Div. of Criminal Justice County Prosecutors
Steven D. Benville, Judiciary Chief of Staff
AOC Directors and Assistant Directors
Clerks of Court
Special Assistants to the Administrative Director
Amelia Wachter-Smith, Chief, Family Practice
Michele Walsh, Assistant Chief, Family Practice Assistant Family Division Managers
Emily Mari, Esq ., Staff Attorney, Family Practice Division
N.:w jl"fll."'I. Cot1ru ~ -~;o.•="•-1-41
In the Matter of
Juvenile Name
County
Municipality/Arresting Agency Offense(s)
Co-Delinquents/Adult Co-Defendants (if any) Screening
Factors considered (N.J.S.A. 2A:4A-71)
Risk that ·uvenile resents a substantial dan er to others Famil Circumstances
First Offense
Prior diversion or referee
Number of Prior Diversions._ _ _
Number Successful:
Char e(s)
Number of Prior Delinquency Adjudications (Non-VOP):
Most Serious Prior Ad'udication
Last Disposition Type:
□ Diversion (FCIU, JCC, ISC) □ Adjudication In ut of victim or arrestin a0 enc
Arnenabili to remedial education 2A:4A-71. l) Probation or Deferred status
Dual status (open FN)
Party ID
Gender Birth Date
Docket Number
Race
Age at Time of Offense Inctdent Date
Prosecutor Comments
Residence
Date recommendation and file forwarded to the Judge:
Was Youth in Detention at Time of Screening If Not Diverted (FCIU, JCC, ISC), Why Not?
D Yes D No
Recommendation of the Juvenile Unit (Family Comi): Divert: D FCIU D JCC DISC
D Referee D Court D Transfer
Published: 08/2021 , CN: 12833
page 1of2
Initials
New Jersey Judiciary
Juvenile Intake Screening Form
Famil
Court Comments
Name of Officer Screening Complaint:
J ·1ItkS 'F
Date complaint received by the Prosecutor's Office:
Date screened:
Date complaint/recommendation forwarded to the Family Division
Recommendation of the Assistant Prosecutor
Divert: □ FCIU
D Referee D Court D Transfer _ _ _ _ _ _ _ _
Recommendation o f the Assistant Prosecutor
Hearing Required with notice to all parties? D Yes D No Date of Hearing: Comments
Date Judge's Signature
Divert: □ FCIU □ JCC □ ISC
To Be Completed by Juvenile Prosecutor Team
□ JCC
□ Dismissal □ Should be Stationhouse Adjustment
□ ISC
Prosecutor Consent to Court Intake Diversion Recommendation: 1 □ Yes □ No (hearing requested) □ NIA
To Be Completed by Juvenile Judge If There Is a Conflict
D Referee
D Court
D Transfer
1 Rule 5:20-l(c) states:
Court Intake Services Referral. Every complaint alleging juvenile delinquency shall be reviewed by court intake services in the manner provided by law for recommendation as to whether the complaint should be dismissed, diverted or referred for further court action. Where the complaint alleges conduct which, if committed by an adult, would constitute a crime as defined by N.J.S. 2C: l-4a or a repetitive disorderly persons offense as defined by N.J.S. 2A:4A-22(h), or any disorderly persons offense as defined in chapter 35 or chapter 36 of Title 2C, the matter shall not be diverted by the court unless the prosecutor consents thereto. Nothing in this rule precludes the court from diverting any complaint pursuant to N.J.S. 2A:4A-73(a) after a hearing wherein all parties have an opportunity to be heard.
Published: 08/2021, CN: 12833 page 2 of2
Initials: Initials: Initials:
June 18, 2020
Metlife Hyatt Legal Plan Wills, Power of Attorney, Living Wills and esta...
Hyatt Metlife Will preparation online by Kenneth Vercammen’s Law Office without having to travel to law office and follow up consults over phone & online.
To assist Hyatt Metlife members we now offer document preparation remotely and consults. We are concerned about your health and well being.
1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.
2. Metlife Hyatt attorney needs emailed:
Claim Number [s] __
Last four digits of Social or Member ID
For example, in estate planning, Metlife Hyatt pays for
-Wills for husband & wife [need only one claim number for Wills]
-Power of Attorney for husband & wife [need only one claim number for Power of Attorney]
-Living Will husband & wife [need only one claim number for Living Will]
So obtain three claim numbers for estate planning.
HYATT Metlife members should call HYATT Metlife legal at 800.821.6400to obtain an authorization numbers for each Will, Power of Attorney and Living Will you want.
Also determine if they use last four digits of Social or a member ID.
The attorney cannot obtain that.
3. On Will Questionnaire Type response/ Fill in details., Email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com. Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.
4. Ken V will call to discuss after typed interview form received.
5. We will draft documents and email to you. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries.
Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE.
The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.
We sometime sign in the parking lot if you bring a witness age over 20 and documents signed within 21 days of preparation.
June 17, 2020
AG Grewal Releases Guidance on Municipal Court Prosecutions of COVID-19 Related Offenses AG Grewal Releases Guidance on Municipal Court Prosecutions of COVID-19 Related Offenses Municipal COVID Guidance spacer
AG Grewal Releases Guidance on Municipal Court Prosecutions of COVID-19 Related Offenses
https://www.nj.gov/oag/newsreleases20/pr20200617a.html
 | | |
| ||
| TRENTON – Attorney General Gurbir S. Grewal released guidance addressing prosecutions of COVID-19 related offenses, which is designed to ensure that there is accuracy, uniformity and consistency by municipal prosecutors and in municipal courts throughout the state. “While the vast majority of New Jersey residents followed the Governor’s Executive Orders and helped us to slow the spread of COVID-19 and save lives, and continue to do so, some did not,” said Attorney General Grewal. “We have a duty as law enforcement officers to bring violators to justice, and to do so in a way that ensures uniformity. We also have a responsibility to exercise discretion in the interests of justice, including to use diversion programs and community court if available. My guidance today advises municipal prosecutors on the best ways to achieve those important goals of uniformity and consistency, deterrence, and responsible discretion.” The guidance emphasizes that no municipal prosecutor may adopt a categorical policy or practice of refusing to enforce COVID-19 related charges, but provides a significant number of options for the exercise of prosecutorial discretion in individual cases to achieve the interests of justice. The guidance notes that a categorical policy of refusing to enforce such charges would be inappropriate because each charge had already been reviewed and approved by a designated county prosecutor or assistant prosecutor—as the Attorney General previously required—and also that such a policy would lead to disparate administration of these laws. The guidance does provide municipal prosecutors with significant options for using discretion in appropriate cases involving violations of the Governor’s Executive Orders. The guidance makes clear that prosecutors may accept a plea to a lesser or other offense, move to amend an original charge, and request dismissal of a charge. While one reason to do so would be where the prosecutor believes there is insufficient evidence, the guidance adds that other factors include the individual’s age and criminal history, and the nature and circumstances of the offense, including whether the individual had been previously warned, whether their offense jeopardized the health, welfare, or safety of another person, including a minor, and whether their misconduct required a significant law enforcement or first responder response. In general, “a municipal prosecutor may also consider the impact of adverse collateral consequences of a conviction based on the specific circumstances or factors presented by the defendant or elicited by the court.” The guidance also emphasizes the role of condition dismissals, diversion programs and community court, whenever appropriate in the interest of justice. Factors again would include the nature and circumstances, the actions of the defendant, and the needs and interest of any victim. The guidance addresses the impact of Executive Order 152. Last week, Governor Murphy announced that, going forward, all outdoor political activity—and all outdoor worship services—would be permitted to gather in any number, in recognition of the lower risks of COVID-19 transmission outdoors and the centrality of these activities to society. The guidance makes clear that in order to “ensure that all outdoor political activities and outdoor worship services receive uniform treatment,” the Attorney General is directing prosecutors to dismiss the limited number of Executive Order violations that were previously filed against organizers of outdoor political protests or outdoor religious services. Based on the information the Division of Criminal Justice has to date, five individuals have been charged with such violations, and no individual protestors or worshipers have been cited. | ||
April 12, 2020
Spring 2020 top cases Municipal Court Law
Spring 2020 top cases Municipal Court Law
1. No more phony stop for license plate holder partially obstructing Garden State name State v Roman- Rosado
2. Elimination of mandatory DL suspensions related to drugs and other offenses
3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated
4. No Insurance 39:6B-2 Mandatory suspension on no insurance eliminated
5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense
6. Driver’s license suspension for Failure to comply with installment order Repealed
7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal
State v. Thompson
8. Roadside statements inadmissible where roadside stop was improper State v. Alessi
9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy
10. Annual Happy Hour & Networking Social July 10, 2020
11 photo Expungement seminar
1. No more phony stop for license plate holder partially obstructing Garden State words State v Roman- RosadoA-3703-17T4
Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).
In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.
Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.
For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.
Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).
2. Elimination of mandatory DL suspensions related to drugs and other offenses
On December 20, 2019, Governor Murphy signed S1080 into law as L. 2019, c. 276. Two provisions of this new law, namely Section 12 and subsection b. of Section 20, took effect on December 27, 2019. The remainder of this new law will take effect on January 1, 2021.
Section 12 and subsection b. of Section 20, took effect on December 27, 2019 when the Governor submitted a certification to the Secretary of Transportation expressing his opposition to the enactment or enforcement of a law requiring driver’s license suspension for drug offenses as set forth in 23 U.S.C. § 159(a)(3)(A).
Section 12 amended N.J.S.A. 39:4-49.1 to eliminate the suspension, revocation or postponement of driving privileges for a person who operates a motor vehicle on a highway while knowingly having in the person’s possession or in the motor vehicle any controlled dangerous substance or prescription drug without a valid prescription. Regarding the fine, this section excludes those persons who violate the provisions of N.J.S.A. 2C:35-10 (Possession, use or being under the influence, or failure to make a lawful disposition)
Also effective on December 27, 2019 is subsection b. of Section 20, which repealed N.J.S.A. 2C:35-16 and 39:5-30.13. New Jersey Statute 39:5-30.13 allowed for the suspension or postponement of driving privileges for persons convicted of or adjudicated delinquent for a drug offense in State court, federal court, or the District of Columbia. This law has been repealed.
Also repealed effective December 27, 2019 is N.J.S.A. 2C:35-16 which provides for the forfeiture or postponement of driving privileges of anyone convicted of or adjudicated delinquent for an offense under Chapters 35 or 36 of Title 2C as well as the suspension, revocation or postponement of driving privileges for those persons admitted to supervisory treatment, i.e., conditional discharge under N.J.S.A. 2C:36A-1, or pretrial intervention under N.J.S.A. 2C:43-12, without a plea of guilty or finding of guilt. DL suspension for Conditional Discharge eliminated.
repealed 2C:35-16 - Forfeiture or postponement of driving privileges for conviction for a person convicted of or adjudicated delinquent for a violation of any offense defined in chapter 35 Drugs or chapter 36 Paraphernalia
3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated The legislature did away with loss of license for the CDS in motor vehicle 39:4-49.1. New:A person shall not operate a motor vehicle on any highway while knowingly having in the person's possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c. 226 (C.24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in humans or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.
A person who violates this section, except a person who violates the provisions of N.J.S.2C:35-10, shall be fined not less than $50.
4. No Insurance 39:6B-2 Mandatory suspension on no insurance eliminated
33:1-81 Misrepresenting age to induce sale or delivery to minor; disorderly person –No more mandatory DL suspension
39:4-56.5 Abandonment of motor vehicle revised 2019- No more DL suspension
5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense,a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State N.J.S.2B:12-31
Repealed 2A:4A-43.3.Suspension, postponement of right to operate motor vehicle [was with 2A:4A-43) for an initial act of graffiti ] section 6 of P.L.1995, c.251 (C.2A:4A-43.3);
Repealed 2C:33-3.1 Penalties for juvenile violating N.J.S.2C:33-3.False public alarms. No more Driver license suspension section 2 of P.L.1999, c.195 (C.2C:33-3.1);
6. Driver’s license suspension for Failure to comply with installment order Repealed 39:4-203.2.
39:5-30.13. repealed Suspension, revocation, postponement of driving privilege for persons convicted of certain drug offenses in any federal court or other states
39:4-56.5 Abandonment of motor vehicle revised 2019
No more DL suspension
7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal
State v. Thompson
In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).Docket A-1909-19T6
Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion.
Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!
https://www.law.com/njlawjournal/almID/1581570609NJA190919T/
8. Roadside statements inadmissible where roadside stop was improper State v. Alessi
The circumstances of this case do not legitimize the stop. Law enforcement must have reasonable and articulable suspicion of a traffic violation, the commission of a crime, or unlawful activity before executing a traffic stop. Accordingly, the roadside statement given by defendant during the unlawful stop should have been excluded at trial, and the Court affirms the Appellate Division’s reversal of her convictions for hindering apprehension and false reporting. Because defendant’s roadside statement permeated the trial, severely affecting her credibility and ability to mount a defense to the separate burglary charge, that conviction is reversed as well. 14-1-3686
9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy
SUPREME COURT OF NEW JERSEY
Pursuant to N.J. Const. Art. VI., sec. 2 par. 3, it is ORDERED that, effective immediately and until further order, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey," which is an Appendix to Part VII of the Rules Governing the Courts of the State of New Jersey, are supplemented and relaxed so as to permit plea agreements in post-conviction relief cases affected by the Supreme Court decision in State v. Eileen Cassidy, 235 N.J. 482 (2018).
This limited rule relaxation applies only to post-conviction relief proceedings in which evidential breath samples from defendants in driving while intoxicated (DWI) cases were procured using Alcotest machines calibrated without using a NIST-traceable thermometer, namely, the approximately 13,000 cases that involve findings of guilt, either by trial or by plea, referred to in the Court's January 29, 2019 order that designated a Special Master to make judicial and administrative decisions in matters affected by the Court's decision in Cassidy.
In all other aspects, including for all cases not affected by the Court's decision in Cassidy, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey" remain in full force and effect. December 18, 2019
10. Annual Happy Hour & Networking Social July 10, 2020 Co- sponsors requested
Co-sponsored by NJ State Bar Association Sections & several Chambers of Commerce
For the past five years different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July 10, 2020 at Bar Anticipation from 5:30-7:30.
We are requesting professional groups serve as co-sponsor for this Happy Hour. There will be no cost to a professional group, and great benefit for your members. It may even be a source of new members. We only ask that you help publicize the event. There will be a small table to greet members.
Location: Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free food 5:15-7:15. The reduced price Happy Hour is 6-7PM with $2.00 House Drink, House Wine Special or Bud/Bud Light draft. We provide special VIP wristband.
We ask each attendee to bring a canned food donation for the St. Matthews St. Vincent Food Bank.
11 New trial ordered where police did not give full Miranda warning
State v Hager
The court considered whether the omission of one of the Miranda warnings during custodial interrogation adequately conveys the substance of the warnings and concluded it did not, notwithstanding the fact that defendant continuously interrupted the administration of the warnings. Acknowledging out-of-state authority holding that a suspect may waive Miranda warnings by interrupting their delivery, the court concluded that the suspect's interruption of the warnings does not discharge law enforcement of their duty to deliver them. Finding that the erroneous introduction of the partially unwarned statements was not harmless error, the court reversed defendant's conviction, which followed a bifurcated jury trial, and vacated his guilty plea on the weapons offense. Relying on United States v. Pagane, 542 U.S. 630 (2004), however, the court rejected defendant's contention that suppression of the weapon was mandated as a remedy for the Miranda violation despite the fact that the weapon was seized as a result of a search warrant based on the statements. (14-07-0678)
Allan Marain Esq. and Ken Vercammen speakers at Expungement seminar
Expungements to remove criminal arrests continue to be processed. The new Expungement law is starting in June 2020.
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Mr. Marain notes on his website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed? Are any felony convictions, or even just arrests, on your record?
N.J. Municipal Court - Law Review SUBSCRIPTION INFO
Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review. This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.
Vouchers accepted. Please send a stamped, self-addressed envelope for their return. Multiple subscriptions encouraged.
Please must send a $20.00 check payable to Vercammen & Associates, PC.
Name: ______________________________________
(or staple business card here)
Address:______________________________________
We also need your email address ________________________
Return to:
Kenneth A. Vercammen, Esq.,
Editor- NJ Municipal Court Law Review
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Tax ID # available
Criminal Articles from NJLaws Website and BeNotGuilty.com website
Criminal Law- Recent Cases
Cut & paste all reported and sometimes unreported criminal case squibs from NJ Judiciary.
Criminal Statutes and Criminal Jury Charges
Drug & DWI Law
Municipal Court and Police Phone number and Directions
New NJ Statutes , Recent cases and Court Rules
Traffic Law & Municipal Court- Articles from BeNotGuilty.com
Defending DWI and Drug Possession (2020) Bound book
List Price: $59.00 USD
NJ State Bar’s new book
Written by: Kenneth A. Vercammen
This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.
This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.
Special Feature: Over 50 modifiable forms and motions
Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.
Bonus!Also includes a section on marketing the DWI and drug defense practice.
Table of Contents:1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice
Book # 1177719 New Jersey Institute for Continuing Legal Education A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com
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