Handling Drug DWI and Serious Motor Vehicle Cases in Municipal in NJ

Handling Drug DWI and Serious Motor Vehicle Cases in Municipal in NJ

Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar September 21, 2015 5:30PM-9:00PM NJ Law Center, New Brunswick Speakers:   Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year William G. Brigiani, Esq., Past President Middlesex County Bar John Menzel, Esq., Past Chair Municipal Court Section Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth                            Assistant Prosecutor-Woodbridge William Brigiani Tara Auciello       Edison Prosecutor                   Program Agenda 5:30  Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.) 6:00     Procedure: What to expect on your day in court  Tara Auciello                   Procedural issues; Driving while suspended; probationary drivers 6:25  The Prosecutor’s Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor  (Norma M. Murgado, Esq.) 7:25  domestic violence , assault, recent court rules changes, defending drug cases and cases                    (William G. Brigiani, Esq.) 7:55  Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.) 8:35        Point Counter Point on DWI                  (John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq.         followed by panel interaction) 9:00        Questions http://www.njicle.com/viewprogram.aspx?catid=2115&progid=11383 **Speakers invite questions during the break and after the conclusion of the program This informative seminar on 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 well-respected Municipal Prosecutors 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.         Includes sandwiches, dessert, a 400-page book, CD with sample forms, documents & checklists! A special Q&A session: Ask the Experts NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division $170- $190 tuition depending on  NJSBA membership  Seminar # S150700F5 Location: New Jersey Law Center One Constitution Square New Brunswick, NJ 08901 http://www.njicle.com/ NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500 CustomerService@njicle.com CAN'T ATTEND?   Contact NJ ICLE for CD, book, Video KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax)   732-572-0030 http://www.njlaws.com/Handlingdrugseminar.html

Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record b. You may go to Jail or Prison. c. You will have to pay Fines and Court Costs. 3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500