HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT - Introductory DWI

HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT - Introductory DWI

Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Section

Monday, May 23, 2011 5:30 PM to 9:00 PM Brunswick Hilton, East Brunswick

Learn everything you need to know to successfully handle these cases!

This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court.

An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.

Gain a thorough understanding of Municipal Court practice, procedure, & recent developments...
• Criminal Case Law and Legislative Update

• The Prosecutor’s Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues

• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff

• Recent developments in traffic law, merged traffic tickets and more

Developing issues in DWI cases

• A special Q&A session: Ask the Experts

• What’s new on the Alcotest, Ecto-Hart and HGN

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.0 hours of total CLE credit. Of these, 4.0 qualify as hours of credit toward certification in criminal trial law.

Speakers include:

KENNETH A. VERCAMMEN, ESQ.

Past Chair, NJSBA Municipal Court Section Past GP Solo Section Attorney of the Year 2006 NJSBA Municipal Court Practitioner of the Year K. Vercammen & Associates (Edison)

(

HON. EDWARD J. HERMAN, PJMC

(New Brunswick)

WILLIAM G. BRIGIANI, ESQ.

Former Municipal Prosecutor (Spotswood, East Brunswick and for the SPCA) (East Brunswick)

(

JOHN MENZEL, ESQ.

Law Offices of John Menzel (Point Pleasant)

NORMA M. MURGADO, ESQ.

Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge) Murgado & Carroll, Esq. (Elizabeth)

HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT S1507-22144

Reg. Fee	Reg. Type
General Tuition (REG)	$189.00	REG
NJICLE Season Tickets (STX)	1 Season Ticket(s)	STX
MEMBERS, CO-SPONSORING SECTION (COS*)	$145.00	COS*
MEMBERS, NJSBA (NJB*)	$155.00	NJB*
MEMBERS, NJSBA YLD (YLD*)	$145.00	YLD*
Recent admittees (past 2 years) (YL)	$165.00	YL
Paralegals (PAR)	$129.00	PAR
Law Students (with Student ID) (STU)	$0.00	STU
Full Time Judges (JUD)	$0.00	JUD

Credit Type	Credit Amount
PAS:	3.0 credits pending ($12 fee for all PA credits)
NYP (t&n/t):	4.0 credits
CrT:	4.0 credits
NEW JERSEY:	This program has been approved for 4.0 credits (50 minute hour)

For information, call ICLE Call Phone: (732)214-8500

DOOR REGISTRATIONS: $209 Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.

* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.

BRUNSWICK HILTON

Three Tower Center Blvd.

East Brunswick, NJ 08816

http://www.njicle.com/seminar.aspx?sid=1382

2C:24-4 Endanger Welfare of Child

2C:24-4 Endanger Welfare of Child

a.Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

b. (1) As used in this subsection:

"Child" means any person under 16 years of age.

"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

"Prohibited sexual act" means

(a)Sexual intercourse; or

(b)Anal intercourse; or

(c)Masturbation; or

(d)Bestiality; or

(e)Sadism; or

(f)Masochism; or

(g)Fellatio; or

(h)Cunnilingus;

(i)Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or

(j)Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.

"Reproduction" means, but is not limited to, computer generated images.

(2)(Deleted by amendment, P.L.2001, c.291).

(3)A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.

(4)Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.

(5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.

(b)Any person who knowingly possesses or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the fourth degree.

(6)For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.

2C:14-2A Aggravated Sexual assault.

2C:14-2A Aggravated Sexual assault.

2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1)The victim is less than 13 years old;

(2)The victim is at least 13 but less than 16 years old; and

(a)The actor is related to the victim by blood or affinity to the third degree, or

(b)The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(3)The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4)The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5)The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6)The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7)The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

b.An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c.An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1)The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2)The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3)The victim is at least 16 but less than 18 years old and:

(a)The actor is related to the victim by blood or affinity to the third degree; or

(b)The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(4)The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

L.1978, c.95; amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004, c.130, s.13.