The Supreme Court on November 18 remanded State v Olenowski to a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence.

The Supreme Court on November 18 remanded State v Olenowski to a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence. 

Drug recognition expert (DRE) opinions based on drug influence evaluations (DIEs) are not generally accepted within the scientific community under Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923), the New Jersey State Bar Association (NJSBA) said in its amicus curiae argument to the state Supreme Court on October. NJSBA member John Menzel argued the matter before the court, urging the court to exclude the DIE evidence in the case and remand the matter for the development of an appropriate foundation before the evidence can be admitted. The brief was written by Menzel, Joshua H. Reinitz, and NJSBA past president Miles S. Winder III.

The court focused on the question of why a special master should not be appointed to review whether DIEs meet the standards for admissibility, noting competing studies and scholarly writings on the issue, the credibility of which the court cannot evaluate without further hearings. 

The case arises from Olenowski’s convictions for driving while intoxicated, which occurred on two separate occasions in the same year. He drew a reading of .04 percent blood alcohol content the first time and a zero percent reading the second, but was visibly impaired, according to the officers who arrested him and the DREs who evaluated him. The trial court upheld the convictions, holding that DRE evidence was “generally acceptable and reliable in the scientific community.” The decision was upheld by the Appellate Division.

In its brief, the NJSBA argued that neither the DIE technique nor the DRE opinion are generally accepted in the scientific community or sufficiently reliable to indicate that Olenowski was driving under the influence. “The NJSBA asks this court to declare the DIE technique and DRE opinion derived therefrom inadmissible for any purpose unless its proponent, the state, lays appropriate foundation,” the NJSBA wrote. “Such a ruling would provide guidance to trial courts and avoid the errors committed in the present case.”

  Source: https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1820&utm_source=direct&utm_medium=email&utm_campaign=NJSBA

Expedited Expungement NJ

Expedited Expungement NJ

      If you are charged with a disorderly persons offense, petty disorderly persons offense, or a municipal ordinance violations, and those charges are either dismissed, you are acquitted, or your case is discharged without a conviction or finding of guilt, you may be eligible for an expedited expungement pursuant to N.J.S.A. 2C:52-6.

       The Expungement form needs to be filed with the court the same day the charges are dismissed, or a not guilty finding.

       Otherwise, your attorney can help you with the formal expungement process.

  Expungement of Arrest or Charge Records N.J.S.A. 2C:52-6 These forms are ONLY provided upon request and at the time of disposition to persons seeking the expungement of arrest or charge records relating to a disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation, where those proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt. 

The Expedited Expungement formsare not to be used to expunge arrest or charge records where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. The process requires the completion of the following three steps. 

Step 1: Complete the Application for Expungement of Arrest or Charge Records The Application is used by the Municipal Court to determine whether the Applicant is eligible for an expungement of the arrest(s) or charge(s). The Applicant must complete sections A, B, and C of the form. 

Section A requires the personal information of the Applicant. 

Section B requires the identification of the arrest or charges that the Applicant seeks to have expunged. The Applicant must provide the date of the arrest, the statute or ordinance the Applicant was charged with violating, and the complaint number. If the Applicant does not have some or any of this information, the Applicant can obtain a printout of the case disposition from staff of the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt. 

If a printout is obtained, the Applicant should attach it to the Application. The Applicant may alternatively search for the complaint number by accessing the Municipal Court Case Search via the NJMCdirect website, http://www.njmcdirect.com. 

Section C requires the Applicant to date and sign the request for expungement. 

Step 2: Complete the Order for Expungement of Arrest or Charge Records The Order is the official document that will be reviewed and, if granted, signed by the Superior Court Judge. The Instructions for Completion of the Order are listed below. 

1. At the top left-hand corner, fill in full name and address. 

2. Do not fill in the box marked "For Superior Court Use Only." This will be completed by the Criminal Case Management Office. 3

. In the box where it states, "In the Matter of the Expungement of the Arrest/Charge Records of _______________," print full name. 

4. In the first sentence of the Expungement Order, print full name, date of birth and your State Bureau of Identification (SBI) number, if available, where it is indicated. 

5. Leave the next three spaces blank where it states "IT IS ORDERED this ___ day of __________, ______________." They will be filled in by the court. 

6. After "all information relating to," fill in full name. 

7. On lines 1-5, provide the date of the arrest or issuance of the complaint, the statute or ordinance charged with violating, and the complaint number. This information should be identical to that contained in Section B of the Application for Expungement of Arrest or Charge Records. If more than five rows are needed, attach a separate sheet of paper with the additional information. 

8. Leave the signature line on the next page blank. This is where the judge will sign the order. 

Step 3: Submit the Forms for Expungement of Arrest or Charge Records to the Municipal Court Upon completion of the Application and Order, the Applicant must submit the completed Forms via either hand delivery or mail to the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt.    

The Application will then be reviewed by a Municipal Court Judge. If approved, the Municipal Court Judge will sign the Application and forward the signed Application and Order to the Applicant and the County Criminal Division for submission to the Superior Court Judge. 

In the event the Application is improperly or incompletely filled out, the Applicant will be notified by municipal court staff. After review by a Superior Court Judge, and if granted, a copy of the signed Application and executed Order for Expungement will be forwarded to the appropriate prosecutor and Municipal Court for the expungement of applicable records. A copy of the signed Application and executed Order will also be forwarded to the Applicant. 

2C:12-10 Stalking Definitions; stalking designated a crime; degrees.

2C:12-10  Stalking  Definitions; stalking designated a crime; degrees.


1. a. As used in this act:

(1)"Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.

(2)"Repeatedly" means on two or more occasions.

(3)"Emotional distress" means significant mental suffering or distress.

(4)"Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

b.A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

c.A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.

d.A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.

e.A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.

f.This act shall not apply to conduct which occurs during organized group picketing.

3rd degree                 3- 5 years                                     $15,000    1 year- 5 year

4th degree                  0- 18 months             $10,000     1 year- 5 year

  There are dozens of other penalties a court can impose, depending on the type of matter. Read 

www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

 
2C:12-10.1  Conviction for stalking, permanent restraining order.


3. a. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.

b.A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise.  This hearing shall be in Superior Court.  A permanent restraining order may grant the following specific relief:

(1)An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.

(2)An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact, or contact via electronic device, with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.  As used in this paragraph, "communication" shall have the same meaning as defined in subsection q. of N.J.S.2C:1-14.

c.The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order.

d.Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

e.Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

f.A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state.  Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules.  Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act, which is the basis for the violation of the permanent restraining order.

 
2C:12-10.2  Temporary restraining order for alleged stalking; conditions.


2. a. In any case involving an allegation of stalking where the victim is a child under the age of 18 years or is developmentally disabled as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or where the victim is 18 years of age or older and has a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent, the court may issue a temporary restraining order against the defendant which limits the contact of the defendant and the victim.

b.The provisions of subsection a. of this section are in addition to, and not in lieu of, the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) which provide that a judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim.

c.The parent or guardian of the child or the person described in subsection a. of this section may file a complaint with the Superior Court in conformity with the rules of court seeking a temporary restraining order against a person alleged to have committed stalking against the child or the person described in subsection a. of this section.  The parent or guardian may seek emergency, ex parte relief.  A decision shall be made by the judge regarding the emergency relief forthwith.  If it appears that the child or the person described in subsection a. of this section is in danger of being stalked by the defendant, the judge shall issue a temporary restraining order pursuant to subsection e. of this section.

d.A conviction of stalking shall not be a prerequisite for the grant of a temporary restraining order under this act.

e.A temporary restraining order issued under this act shall limit the contact of the defendant and the child or the person described in subsection a. of this section who was stalked and in addition may grant all other relief specified in section 3 of P.L.1996, c.39 (C.2C:12-10.1).

f.A hearing shall be held in the Superior Court within 10 days of the issuance of any temporary restraining order which was issued on an emergency, ex parte basis.  A copy of the complaint shall be served on the defendant in conformity with the rules of court.  At the hearing the standard for continuing the temporary restraining order shall be by a preponderance of the evidence.

g.If the court rules that the temporary restraining order shall be continued, the order shall remain in effect until either:

(1)the defendant is convicted of stalking, in which case the court shall hold a hearing on the issue of whether a permanent restraining order shall be entered pursuant to section 3 of P.L.1996, c.39 (C.2C:12-10.1); or 

(2)the victim's parent or guardian or, in the case of a victim who has reached the age of 18, the victim, requests that the restraining order be dismissed and the court finds just cause to do so.