Officers Local 9 2020 Court Officers, Court attendants & Police: Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2019-2020

  To Court Officers, Court attendants & Police:

Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2019-2020  Please post

March 4, 2020  at 12 noon 

 Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFAat South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879

  This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute discussion on recent cases will be followed by monthly meeting ofRetired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.

       For information or membership in Local 9, contact President JohnLeo Fedorka Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement and fire can attend the update on Municipal Court.  Please share

    We welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.

        Speaker: KENNETH VERCAMMEN, Esq. of Edison

                 Contributing writer for the NJ Police Chief Magazine

Editor: NJ Municipal Court Law Review      

 Past President Middlesex Municipal Court Prosecutors Assoc

                                                                                                             

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org

  About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA. The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members, develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions.

https://www.facebook.com/events/513334419395914/s 

2C :12-1.1 Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.

2C :12-1.1  Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.

   2.   A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the  third degree if the accident results in serious bodily injury to another person.  The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section.

   If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.

   Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction.

   Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

   For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of R.S.39:4-129.

TAMPERING WITH PHYSICAL EVIDENCE (N.J.S.A. 2C:28-6(1))

TAMPERING WITH PHYSICAL EVIDENCE

(N.J.S.A. 2C:28-6(1))

            Count            of the indictment charges the defendant as follows:

(READ INDICTMENT)

            The Statute upon which this charge is based reads as follows:

A person commits a crime . . . if, believing that an official proceeding or investigation is pending or is about to be instituted, he: (1) Alters, destroys, conceals or removes any article, object, record, document or thing of physical substance with purpose to impair its verity or availability in such proceeding or investigation.

            The elements that the State must prove beyond a reasonable doubt to establish the defendant’s guilt on this count are as follows:

                        (1)       that the defendant believed that an official proceeding or investigation was                          pending or about to be instituted;

(2)       that the defendant purposely (choose appropriate conduct)altered, destroyed, concealed or removed an (choose relevant object) article, object, record, document or thing of physical substance;

(3)       that the defendant’s purpose in (choose appropriate conduct)altering, destroying, concealing, or removing the (choose relevant object) was to impair its verity or availability in the proceeding or investigation.

            The first element that the State must prove beyond a reasonable doubt is that the defendant must have believed that an official proceeding or investigation was pending or about to be instituted. An official proceeding[1]  means a proceeding heard, or which may be heard, before any legislative, judicial, administrative or other governmental agency, arbitration proceeding, or other official authorized to take evidence under oath, including any arbitrator, referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding.

            The second and third elements that the State must prove beyond a reasonable doubt are that the defendant purposely(choose appropriate conduct) altered, destroyed, concealed or removed[2]the (choose relevant object)article, object, record, document, or thing of physical substance in order to impair its verity or availability in the official proceeding or investigation. Verity means truthfulness or accuracy. A person acts purposely with respect to the nature of his/herconduct or a result thereof if it is his/herconscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if he/sheis aware of such circumstances or if (he/she) believes or hopes that they exist or if he/shemeans to act in a certain way or to cause a certain result.

            The defendant’s belief and purpose are conditions of the mind which can not be seen and can only be determined by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, that the State produce witnesses to testify that an accused said he/shehad a certain state of mind when he/sheengaged in a particular act. It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference which may arise from the nature of his/heracts and his/herconduct, and from all he/shesaid and did at the particular time and place, and from all of the surrounding circumstances.

            If you find that the State has proven all of the elements of this offense beyond a reasonable doubt, then you must find the defendant guilty. 

            If you find that the State has failed to prove one or more of the elements beyond a reasonable doubt, then your verdict must be not guilty.

---

[1]           SeeN.J.S.A. 2C:27-1d for definition and cite as appropriate.

[2]           Note that in State v. Sharpless, 314 N.J. Super. 440 (App. Div. 1998) the Court held that the phrase “concealment of any article with the purpose to impair its availability” in N.J.S.A. 2C:28-6 refers only to evidence of a completed criminal act, not a current possessory crime. Caution must be exercised when giving this instruction in connection with an indictment that also charges possession of the tampered evidence.

Assault by Auto 2c:12-1

 Assault by Auto

2c:12-1
   c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.  Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. 

   (2)   Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results. 

   (3)   Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

   (a)   on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

   (b)   driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

   (c)   driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution. 

   Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

…….

(4)   Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results.  For purposes of this paragraph, "driving a vehicle in an aggressive manner" shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

2C :12-1.1 Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.

2C :12-1.1  Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.

   2.   A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the  third degree if the accident results in serious bodily injury to another person.  The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section.

   If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.

   Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction.

   Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

   For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of R.S.39:4-129.

Piscataway Library Seminar: Remove & Expungement of Criminal Arrests and Convictions (Ken V Autho

 Piscataway Library Seminar: Remove & Expungement of Criminal Arrests and Convictions – New Law  Free Seminar    

March 4 from 7pm-8pm   Court staff, Prosecutors, Public Defenders, police records & the public invited to attend

      COST: Free if you pre-register.Complimentary materials provided.   Please bring a canned food donation, which will be given to an Edison Bank. Please email us if you plan on attending or if you would like us to email the materials.

Piscataway Public Library

500 Hoes Lane 

Piscataway NJ 08854

732-463-1633x6

SPEAKERS: Kenneth Vercammen, Esq. & Allan Marain, Esq. (Ken V Author- Criminal Law Forms by the American Bar Association and Defending DWI and Drug Cases NJ State Bar)         

(Allan Marainis a trustee, and chairs the Expungement Committee of the Association of Criminal Defense Lawyers of New Jersey.  He is also a past chair of New Jersey Bar Criminal Law Section."

        The NJ statute on expungement was revised in a law signed 12/18/19.  If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allan Marain is past chair of Criminal Law Section of the New Jersey State Bar Association. Ken V served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?

https://www.facebook.com/events/163803638384261

Can’t attend?  We can email you materials

Send email to VercammenLaw@Njlaws.com

       More info: For more serious charges The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.

         Typical Court costs and Legal fees for expungement range from $1,500-$2,500.

Kenneth Vercammenis an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate, Civil Litigation and Estate Administration matters. Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  As the Past Chair of  the Municipal Court Section he has served on its board for 10 years.  

Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.

Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review. 

         For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years. 

His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings.  Ken also serves as the Editor of the popular legal website and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.

         Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation that permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4^thdegree black belt. 

KENNETH VERCAMMEN

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

What information is needed for Expungement?

Criminal harassment requires the state to prove defenntn intended to harass