Seminar: Top Recent Criminal and Traffic Cases in NJ

Seminar: Top Recent Criminal and Traffic Cases in NJ

 Free Seminar September 30 from 5:00pm-5:45  Tuesday

Co-Sponsor Local 9 Retired Police & Fire Middlesex & Monmouth Chapter

   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

        COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. James Food Bank located on Woodbridge Avenue in Edison, NJ. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKER: Kenneth Vercammen, Esq.

                 (Author- Criminal Law Forms by the American Bar Association)

     To attend email VercammenLaw@Njlaws.com

        Can’t attend?  We can email you materials

Send email to VercammenLaw@Njlaws.com

        Ken Vercammen served as the Prosecutor for Cranbury Township, Middlesex County from 1991-1999. He created the NJ Municipal Court Law Review newsletter to provide police officers and individuals involved in the criminal justice system with recent criminal and traffic cases.   

        Police and Courts find helpful information on new cases involving issues of traffic law and search and seizure. Individuals appearing in the Municipal Court and Criminal Courts may want to receive quarterly updates on cases, selected revised motor vehicle laws, and information on Municipal Court practice.  If your department wants a subscription, the annual cost is only $20.00 to receive by both first class mail and email.

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        Top Cases for Municipal Courts in past Year

   BY KENNETH A. VERCAMMEN

1 Court cannot consider Suppression Motion testimony unless agreed by defendant State v Gibson

2 US Supreme Court requires warrant before taking of blood in DWI

 Missouri v McNeely 

3 Police seeing defendant-smoking joint in open door justified the warrantless entry into defendant’s apartment and the seizure of the marijuana cigarette.

 State v Walker 

        4 Sixteen-month delays for DWI inhibited defendant’s speedy trial right. State v Cahill  

        5 Bias statute requires proof of defendant intended bias, not victim perception. State v. Pomianek 

        6 Municipal Court Judge must recuse where there is an appearance of impartiality, not just actual conflict

   Judge can’t hear police cases in town where his son is a cop.

  In the Matter of ADVISORY LETTER NO. 7–11 OF the SUPREME COURT ADVISORY COMMITTEE ON EXTRAJUDICIAL ACTIVITIES 

      7 Investigator violated rules by destroying notes. State v. Dabas 

        8 Sometimes AIR permitted mid trial where defense did not claim prejudice State v Wolfe  

        9 Prosecution should not interfere with defense ability to interview witnesses State v Blazas 

        10 Police Officer reading inaccurate refusal warning is not a defense to refusal charge State v. O’Driscoll 

        11 Court must examine perceived attorney conflict before hearing motion to adjourn. State v Vasquez 

12 Cellphone can’t be tracked without warrant State v. Earls 

        13. No suppression of blood result from 2008 based on 2013 new case

State v Adkins   

          14. After eviction, tenant does not have expectation of privacy State v Hinton  

15. The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the 

16. Denying Public defender client adjournment did not violate rights State v. Miller 

        17. Failure by State Police to create and maintain a centralized statewide database not a violation of the Supreme Court Chun Order. 

State v Chun      

          18 Defendant can be entitled to Adjournment to Select Own Counsel. State v Kates  

19. Police can’t search just because person is in no loitering area.
    State v. Gibson  

20. If Defendant detained, third person’s consent to search no good. State v. Coles 

20. Co-Occupant consent to search valid. State v. Lamb ­­­­­

21 Trial Court to examine if confession based on false promise of leniency. State v. Hreha

22 Suppression granted where stop based on driver high beams on. State v. Witt

23Prior DWI counts for enhanced refusal. State v. Roger Paul Frye

24. DWI statute and Alcotest not unconstitutional State v Campbell

       25. Top new Laws:

       New law finally establishes a Conditional Dismissal for 1^st time offenders in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

        26. No insurance Law 39:6 R-2 amended to provide discretion for no DL suspension