Municipal Court College seminar

Municipal Court College seminar March 30, 2015 Monday 5:30pm-9pm 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 customerservice@njicle.com Sponsor: NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar Association http://www.njicle.com/category.aspx?catid=2115#10268 Prior Book Municipal Court College Book Table of Contents Page 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;