January 28, 2018

Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2017-2018 March 7, 2018

March 7, 2018 at 12 noon,
Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA
at South Amboy Ancient Order of Hibernians 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.
       For information or membership in Local 9, contact President Mike Burns mcbkc@aol.com 732-721-7474 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       www.njlaws.com/mun.html
 Past President Middlesex Municipal Court Prosecutors Assoc

About the New Jersey 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. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the PENSION, HEALTH BENEFITS and GENERAL WELFARE of police and firefighter retirees as well as their survivors and/or other beneficiaries. There are over 3,000 members of the association in various county Locals in NJ, as well as Local 22 in the State of Florida. These members are retirees from State, County and Local Firefighters, Police, Sheriff, Prosecutors, and Attorney General’s Office to name a few. These members reside in NJ, NY, PA, FL, VA, SC and many other states.

Local 9 has supported numerous organizations, individuals and members in times of need, with personal support and financial donations. We also support members by co-hosting various activities throughout the year.
Our Associate Members are from various occupations that support the association’s mission and members. These members are Attorneys, Mortgage Brokers, Real Estate Brokers, State Assemblymen, Senators and Businessmen that support the retired Firefighters and Police in NJ.
We welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. You may contact any member for an application, write to the above address or contact Mike Burns at mcbkc@aol.com or at 732-721-7474. Thank You.
                           Mike Burns                                                                                                     President Local 9

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org

December 25, 2017


N.J.S. 2C:25 – 27(C)     DOMESTIC VIOLENCE                        
(1) When a defendant is found guilty of a crime or offense involving domestic violence, the court shall inform the defendant that the defendant is prohibited from purchasing, owning, possessing, or controlling a firearm pursuant to N.J.S. 2C:39-7 and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S. 2C:58-3. The court shall order the defendant to arrange for the immediate surrender to a law enforcement officer of any firearm that has not already been seized or surrendered and any firearms purchaser identification card or permit to purchase a handgun possessed by the defendant. No later than five business days after the order is entered, however, the defendant may arrange to sell any surrendered firearm to a licensed retail dealer of firearms who shall be authorized to take possession of that purchased firearm from the law enforcement agency to which it was surrendered no later than 10 business days after the order is entered. Any card or permit issued to the defendant shall be deemed immediately revoked. The court shall establish a process for notifying the appropriate authorities of the conviction requiring the revocation of the card or permit. A law enforcement officer accepting a surrendered firearm shall provide the defendant with a receipt listing the date of surrender, the name of the defendant, and any item that has been surrendered, including the serial number, manufacturer, and model of the surrendered firearm. The defendant shall provide a copy of this receipt to the prosecutor within 48 hours of service of the order, and shall attest under penalty that any firearms owned or possessed at the time of the order have been transferred in accordance with this section and that the defendant currently does not possess any firearms. The defendant alternatively may attest under penalty that he did not own or possess a firearm at the time of the order and currently does not possess a firearm. If the court, upon motion of the prosecutor, finds probable cause that the defendant has failed to surrender any firearm, card, or permit, the court may order a search for and removal of these items at any location where the judge has reasonable cause to believe these items are located. The judge shall state with specificity the reasons for and the scope of the search and seizure authorized by the order.

(2) A law enforcement officer who receives a firearm that is surrendered, but not purchased and taken possession of by a licensed retail dealer of firearms within 10 business days of when the order is entered pursuant to paragraph (1) of this subsection, may dispose of the surrendered firearm in accordance with the provisions of N.J.S.2C:64-6. A firearm purchased by a licensed retail dealer from a defendant shall become part of the inventory of the dealer.

December 18, 2017

Middlesex County Prosecutor’s Office new “Veterans Diversion Program”

Middlesex County Prosecutor’s Office new “Veterans Diversion Program”

The Middlesex County Prosecutor’s Office now has a “Veterans Diversion Program” (hereinafter referred to as VDP), in accordance with N.J.S.A. 2C:43-22, et seq.
Under the VDP, any active and former military service member (hereinafter referred to as a “veteran”) who is charged with 3rd or 4th degree crimes which do not include violence, and who is suffering from a mental condition, may be eligible for diversion to mental health and rehabilitative treatment, rather than face traditional criminal prosecution.  (Any exceptions to the requirements for admission will be determined exclusively by the MCPO on a case-by-case basis.)

In Middlesex County, the VDP is administered exclusively by the County Prosecutor’s Office (MCPO), and involves intensive supervision and monitoring of a qualifying veteran’s treatment and progress by an applicable mental health treatment provider, the Veteran’s Administration (VA), the MCPO, and a volunteer mentor.  Veterans who are approved for admission into the program will have to regularly attend counseling and, where applicable, receive mental health and/or substance abuse treatment.  These conditions include, but are not limited to, making restitution where applicable, refraining from future criminal activity, refraining from use of alcohol or frequenting locations where alcohol is sold or used, and attendance at required court proceedings.  A veteran who successfully completes the terms and conditions of the program (which are memorialized in a court order), has not been the subject of any subsequent criminal charges, and continues to make progress with mental health and/or substance abuse treatment, may have their charges dismissed within 6 months to 2 years, depending on the particular course of treatment and compliance.  The Prosecutor (or designee) retains the sole discretion over who is admitted into VDP, the specific terms of the admission, and the duration that the defendant is in the VDP.

source: http://www.middlesexcountynj.gov/Government/Departments/PSH/Prosecutor/Pages/Veterans-Diversion-Program.aspx

If you would like to refer a veteran for consideration into MCPO’s VDP program, please complete the following form and e-mail it to the address noted on the form itself.​​

Discovery Superior Court Middlesex

Discovery Superior Court Middlesex
      Pursuant to the recent amendments to R.3:9-1,which were made effective on May 20,2016, any discovery relating to a filed indictment will be available through the Prosecutor's Office within seven (7) days of the return or unsealing of that indictment.  R.3:9-1(a).
In Middlesex County, discovery can be obtained by contacting the Pre-Trial Services Unit of the Middlesex County Prosecutor's Office at mcpodiscovery@co.middlesex.nj.us.  It is respectfully requested that 24 hours notice be given in order to have the discovery prepared and accessible for pick up at the front desk of the Middlesex County Prosecutor's Office. Thereafter, that discovery will be turned over to the attorney of record upon the provision of a signed Notice of Appearance.

Source: http://www.middlesexcountynj.gov/Government/Departments/PSH/Prosecutor/Pages/DiscoveryInfo.aspx

December 8, 2017

Additional penalties for driving while suspended:

Additional penalties for driving while suspended:
·       Driving while suspended for failing to pay an insurance surcharge will result in an additional $3,000 ne, plus the fines and penalties listed above (N.J.S.A. 39:3-40).
·       Driving while a license and/or registration is suspended for failure to properly insure a vehicle will result in a ne of $500, an additional driver license suspension of one to two years and possible court ordered imprisonment for up to 90 days (N.J.S.A. 39:3-40).
·       Driving while a license and/or registration is suspended and having a collision that causes injury to another person will result in a ne, continued suspension and the potential for a minimum 45-day jail sentence (N.J.S.A. 39:3-40).
·       Driving while a license and/or registration is suspended for a drug or alcohol offense, refusal to take a breath test or if the motorist is a habitual offender, will result in a ne of $500 and an additional license suspension of one to two years and/or possible court-ordered imprisonment for 10 to 90 days (N.J.S.A. 39:3-40).
·       Driving while a driving privilege is suspended due to driving while under the influence, refusal to submit to a chemical test or for a habitual offender offense, and driving on school property or within 1,000 feet of school property or through a school crossing zone will result in one to two years additional suspension time, a $500 ne and between 60 to 90 days imprisonment for a first offense. For second and third offenses, the suspension and fines remain the same, but the imprisonment term is increased to 120 to 150 days and 180 days, respectively (N.J.S.A. 39:3-40).
• Driving after failing to install an interlock device, as ordered by the court, results in a one-year suspension, in addition to any other suspensions already imposed, and may include penalties as a disorderly person (N.J.S.A. 39:4-50.19).
other violations:
·       A motorist who refuses to submit to a chemical test and driving on any school property or within 1,000 feet of school property or through a school crossing zone. Motorist will receive for a first offense a $600 to $1,000 ne and a one-to two- year driving privilege suspension; for second offenses the ne is $1,000 to $2,000 and the driving privilege will be suspended for four years. For a third offense, the ne is $2,000 and the driving privilege is suspended for 20 years (N.J.S.A. 39:4-50.4a).
·       A motorist who allows another motorist, who is currently suspended for driving under the influence or operating while suspended, to operate his/ her vehicle. The result may be a loss of driving and/or registration privileges (N.J.S.A. 39:3-40).
·       A motorist who has another person take the driving test. Motorist may be need $200 to $500 and/or imprisonment from 30 to 90 days. The driver license may also be revoked (N.J.S.A. 39:3-37).
·       Failure to appear at any scheduled court proceeding when charged with a non- indictable criminal offense, an ordinance violation or a motor vehicle offense. It will result in a court-ordered driver license suspension until the pending matter is settled (2B:12-31).
·       Failure to meet the conditions of a sentence imposed (such as to pay a ne, make restitution or perform community service). It will result in a court-ordered driver license suspension (2B:12-31).
·       Failure to pay a total of six months’ court-ordered child support or provide health insurance. If a child support-related warrant exists in the motorist’s name, the courts can order basic and commercial driver licenses and professional occupational licenses to be suspended until payments are made (N.J.S.A. 2A:17-56.44).

  • Source http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_7.pdf