Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, May 9, 2016

Municipal Court College seminar

Municipal Court College seminar
March 30, 2015 Monday
New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
A guide to handling Municipal Court matters. This information-packed program is designed for attorneys and those involved in Municipal courts, such as Prosecutors, Police Judges and Court staff.
Program Agenda:
Initial client interview; getting retained; dealing with the prosecutor Plus an update on the conditional dismissal program-
Driving While Suspended
Drug Cases and DREs
Assault and miscellaneous proceedings
DWI/Blood , Alcotest/Ignition Locks/Alcotest Refusal
Q&A and closing comments
Speakers: Kenneth Vercammen Esq Past Chair Municipal Court Section
John Menzel Esq Law Offices of John Menzel (Point Pleasant)
Josh Reinitz, Esq.
Tara Auciello Edison Prosecutor
Norma Murgado Elizabeth & Woodbridge Prosecutor
Call : (732)214-8500 Seminar S96200S5
email to
Prior Book Municipal Court College Book Table of Contents
Letters, Motions/Briefs, Articles/Research
Kenneth A. Vercammen, Esq. 1
01 Municipal Court Questionnaire 1
02 Retainer Municipal Court 5
03 Request for Complete Discovery 8
04 Letter of Representation Only 9
05 Discovery Request Alcotest 7110 11
06 Discovery Request Driving While Suspended 19
07 Speeding Law and Discovery 23
08 Discovery Request to MVC 31
09 Discovery Complainant 35
10 OPRA Field Sobriety Chief of Police 39
11 OPRA Required Officer Training 46
12 CDS Motions 47
13 DWI Motions 51
14 Motion to Reduce Bail 57
15 Letter to Client re: Reading Discovery from Prosecution 65
16 Reciprocal Discovery to Prosecution 66
17 Notice of Specific Criminal Code Defenses 67
18 Letter to Client re: Reading and Signing Affidavit 68
19 Second Request for Discovery Missing Abstract 69
20 Letter to Client re: DWI Expert 70
21 Letter to Client re: Hearing 71
22 Letter to Client re: Deadline and Attorney Fee for Appeal 73
23 Letter to Client re: No Show in Court 76
24 Suppression Motion 77
25 Suppress Statements: Violation of Miranda Rights 78
26 Dismissal Motion re: Failure to Provide Discovery 79
27 Motion for Conditional Discharge 84
28 Motion for Civil Reservation 85
29 Objection to Lab Certificate 87
30 Motion for SLAP 89
31 Order to Mark Case Try or Dismiss 90
32 Order to Compel Discovery 91
33 Order to Be Relieved as Counsel 92
34 Constructive Possessions of Drugs in a Criminal Case 93
35 Court Cannot Handle Discovery 95
36 Motion for No Loss of Drivers License Suspension 99
37 Motion re: Failure to Give Defendant Copy of AIR 101
38 Motion to Provide Expert at Public Expense 115
39 Fines and Restitutions 123
40 Top 25 Cases Affecting Municipal Court 131
41 Defending a Juvenile Delinquency Case 141
42 Pretrial Intervention Program (PTI) 147
Letter re: No Show in Court 150
Expungement/Erase Criminal Charges 151
Plea by Mail 152
Certification for Application for Appointment as Private Prosecutor
(Storm) 153
Letter Thanking Witness 155
Clients Sentencing and Duties 156
Post Conviction Motion to Vacate Guilty Plea 157
Additional Discovery Brief 167
Brief to Suppress Blood Sample and Objection to Lab Report 171
Certification in Support of Motion to Be Relieved 185
Notice of Appeal 187
Miranda Brief in Support of Motion to Suppress Statements 189
Miranda Law Person is Subject to 193
2nd Request for Hearing 197
Failure to Timely Prosecute 199
Minimum and Maximum Fines MV Offenses 203
Points in Motor Vehicle Violations 251
Pre-Trial Intervention to Dismiss Criminal Charges 253
Defending a Juvenile Delinquency Case 255
Appeals from Municipal Court Convictions 257
DWI Cross Examination Questions 263
Hearsay Not Admissible at Trial in Municipal Court Based on
Crawford Decision 267
Criminal Law Committee Newsletter 275
Pamphlet, Your Rights in Municipal Court 287
Be Not Guilty 289
Criminal Indictable and Disorderly Offense Penalties 293
Minimum Mandatory Fines and Penalties Relating to Selected
Motor Vehicle Offenses 295
Speeding and Radar 313
Suspended Licenses: Dont Be Caught Off Guard as a Defense
Attorney 315
Defense to Possession of Drugs and Controlled Substances 317
Driving Without Insurance Defenses 319
Preparation for the Municipal Court Case 321
Plead Guilty? Nah, Defend DWI Charges! 331
Memo re: Attorney General Guideline: Prosecution of DWI &
Refusal Violations 333
Court Code Listing MVC 359
No Point Violations 363
Crash Accident Report Abbreviations 365
Tae Kwon Do Martial Arts Training for Attorneys 373
Notice of Appeal 375
New Law Finally Establishes a Conditional Dismissal Program
In Municipal Court 377
Brief in Support of Motion to Dismiss Refusal 383
Notice of Motion to Compel the Prosecutor to Fingerprint and DNA
Test Evidence Seized 385
Certification to Compel the Prosecutor to Fingerprint and DNA Test
Evidence Seized 387
Order 388
Letter re: No Representation 389
Certification of Victim 391
Letter re: Summons/Criminal Statutes 393
Letter re: Additional Fees & Appointment 395
Letter re: Letters of Reference/Pre-Sentence Report 397
Letter Requesting Hearing Notice 398
Request to Adjourn so Defendant Can Retain Attorney 399
Scientific and Medical TestsBlood and Urine Documents
Requested 401
Letter re: Arrest Stop Video to Client 403
Recommend DWI Expert to Client 405
Bill for Professional Services Rendered 407
Objection to Alcotest Results Where No Expert Testimony Provided 409
What Your Attorney Can Do For You 411
Criminal Flat Fee Agreement to Provide Legal Service 415
Field Sobriety Records Request and OPRA Request 419
Request for Blood/Urine Discovery 423
Letter re: Recommend Substance Abuse Treatment & Inpatient 427
Letter re: Old Records 429
N.J. Municipal Court Law Review, Winter 2014 431
Additional Vercammen Information [See Vercammen on CD]
Articles/Forms/NJ Municipal Law Review Articles
State v. Chun and the Alcotest 7110 MK-III-C:
Motions and Trial Preparation
John Menzel, Esq. 435
Introduction 435
Contents 435
Applicable Legal Principles 436
Physiology and Breath Testing 437
Alcotest Operation 438
Tolerance Issues 444
Assuring Reliable Functions 445
Alcotest Data 447
Foundation and Discovery 449
Training 455
Conclusion 456
Additional Menzel Material on CD:
Chun material [see Menzel/Chun on CD]
02-13-07 Special Masters Report
11-08-07 Special Masters Report
03-17-08 State v. Chun
09-13-13 M-1538, 1539, 1540
Other Material [see Menzel/Forms-Briefs-Orders on CD]
Annotated Discovery Letter
Client Fee Agreement (DWI-2010)
Client Initial Contact
Client Interview
Client Questionnaire
Discovery Order (Alcotest)
Discovery Order (Blood)
DRE Law Division Brief
DUI Influence Defined
Essential Resources
Insurance Letter
Driving While Refused, Suspended, Revoked
or Prohibited: N.J.S.A. 39:3-40
PowerPoint Presentation
Stephen D. Williams, Esq. 457
About the Panelists 467

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;

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