E413 NJ Laws Email Newsletter

NJ Laws Email Newsletter E413 Kenneth Vercammen, Attorney at Law January 11,2013

www.njlaws.com In This Issue: 1.Defendants silence at dwi stop cant be used against him at trial. 2. Mobile app for NJ Criminal and Traffic Statutes now available for IPhone

1.Defendants silence at dwi stop cant be used against him at trialState v. Stas(A-14-11; 068060) 9-12-12 The use of defendants silence as substantive evidence of his guilt and for the purpose of assessing his credibility violated his federal constitutional privilege against self-incrimination, and his state statutory and common law privilege against self- incrimination. Given the prominent role that defendants silence played in his conviction, the error was clearly capable of producing an unjust result and warrants a new trial. R. 2:10-2. 2.Mobile app for NJ Criminal and Traffic Statutes now available for IPhone Useful for police officers, attorneys, prosecutors, judges for quick access toNew Jersey Criminal and Traffic statutes. For IPhone, take IPhone, hit apps, and then search njlaws On Computer, go to ITunes, then search in ITunes store the word njlaws For other SmartPhones, Androids, etc, Go to https://play.google.com/store Type in search vercammen Click install -This App contains a detailed list of NJ Criminal and Traffic statutes as well as informative articles. The Mobile app also hasDirections to NJ Courts.