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
http://www.njlaws.com/

Wednesday, November 22, 2017

David Spevack and Kenneth Vercammen Review of the Major Municipal Court Cases 2016-2017 Middlesex County Bar Association Seminar MCBA



David Spevack and Kenneth Vercammen Review of the Major Municipal Court Cases 2016-2017 Middlesex County Bar Association Seminar MCBA
Tuesday, November 21, 2017 Municipal Court Practice CLE Seminar 
2:00 PM until 4:00 PM 
Where: Middlesex Bar Office 87 Bayard Street New Brunswick, New Jersey  08901

Kenneth A. Vercammen, Esq.



David Spevack, Esq.

Prosecutor - Carteret, Edison & Woodbridge


Edison






 

1. DWI Refusal notice withstands challenge. State v Quintero

443 NJ Super. 620 (App. Div. 2016)

2. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente

444 NJ Super. 393 (App. Div. 2016)

3. Police video is public record under OPRA 

Paff v Ocean County Prosecutors Office

446 NJ Super. 163 (App. Div. 2016)

5. No Jury trial for DWI. State v. Denelsbeck

223 NJ 103 (2016)

6. Police can stop for one broken taillight out of 4

State v. Sutherland

445 NJ Super. 358 (App. Div. 2016)

7. US Supreme Court permits DWI breath tests but rejects blood test without warrant.

Birchfield v. North Dakota  136 S. Ct. 2160 (2016)

8. Out of state DWI counts for criminal driving while suspended. State v. Luzhak 

445 NJ Super. 241 (App.Div. 2016)
9. Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop State v. Stein 225 NJ 582 (2016)

10. Suppression granted where stop based only for high beam not affecting driving State v. Scriven

226 NJ 20 (2016) 

12. Driver with prior school zone DWI sentenced as 2nd Offender. State v. Wheatley

447 NJ Super. 532 (App. Div. 2016

13. Town outside surveillance camera not subject to OPRA but maybe subject to common law. Gilleran v. Township of Bloomfield

14. Twitter statement admissible in criminal trials. State v Hannah

448 NJ Super. 78 (App. Div. 2016)

15. No obstruction charge for failure to provide DL for parking ticket. State v Powers 448 NJ Super. 69 (App. Div. 2016)

16. School Zone map admissible if properly authenticated State v.  Wilson 227 NJ 34 (2017)

17 Municipal Court can stay DL suspension after DWI if appeal
 State v. Robertson 228 NJ 138 (2017)
18. DNA on towel not admissible without proper foundation and chain of custody
State v Mauti 208 NJ 519 (2017)
19. Defendant’s furtive movement after car stop justified removal of Passenger State v. Bacome 228 NJ 94 (2017

20. Plain feel search not permitted with strip search for DP State v Evans  449 NJ Super. 66 (App. Div. 2017)
21 Dash cam video in fatal shooting public record
North Jersey Media Group, Inc. v. Township of Lyndhurst 
__ NJ __ 2017 a-35-15
21. Errors by police in warrant and search held ok by court
State v Hamlett
22. Dash cam video in fatal shooting public record
North Jersey Media Group, Inc. v. Township of Lyndhurst
23. Police have duty to preserve video and evidence
State v Richardson unreported
24. Mandatory DNA samples in serious Municipal court criminal
 Effective July 1, 2017 person who pleads guilty to cds and assault criminal disorderly criminal offenses must provide a DNA sample upon a guilty plea.

25. New Criminal rules effective Jan 1, 2017
26. New Expungement Law
New law effective April 18, 2016 for dismissed cases

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit. Of these, 2.0 credits qualify for certification in municipal court law.

See more at:
https://www.facebook.com/events/139882687690127

The Middlesex County Adult Corrections Center has revised its attorney visiting hours

The Middlesex County Adult Corrections Center has revised its attorney visiting hours.  There is also a revised procedure to schedule after hours visits.   

The new hours are as follows:

Monday – Friday               7:30 am – 1:30 pm & 2:30 pm – 5:00 pm

Attorneys who wish to visit clients after hours and/or on the weekends must submit their request in writing no later than 48 hours in advance.  It is the responsibility of the attorney to confirm the request has been received and scheduled.  

Tuesday, November 14, 2017

2C:5-1 Criminal Attempt

2C:5-1 Criminal Attempt

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C:5-1. Criminal attempt a. Definition of attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
(1) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be;
(2) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his part; or
(3) Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
b. Conduct which may be held substantial step under subsection a. (3). Conduct shall not be held to constitute a substantial step under subsection a. (3) of this section unless it is strongly corroborative of the actor's criminal purpose.
c. Conduct designed to aid another in commission of a crime. A person who engages in conduct designed to aid another to commit a crime which would establish his complicity under section 2C:2-6 if the crime were committed by such other person, is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.
d. Renunciation of criminal purpose. When the actor's conduct would otherwise constitute an attempt under subsection a. (2) or (3) of this section, it is an affirmative defense which he must prove by a preponderance of the evidence that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.
Within the meaning of this chapter, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim. Renunciation is also not complete if mere abandonment is insufficient to accomplish avoidance of the offense in which case the defendant must have taken further and affirmative steps that prevented the commission thereof.
L.1978, c. 95, s. 2C:5-1, eff. Sept. 1, 1979.
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 driver's license for 6 months - 2years. 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


2C:35-13 Obtaining CDS by Fraud.

2C:35-13   Obtaining CDS by Fraud. 
  It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.

   L.1987, c.106, s.1; amended 1997, c.181, s.8.