Handling Drug DWI and Serious Cases in Municipal Court

Handling Drug, DWI and Serious Cases in Municipal Court Seminar  

 October 25, 2021  3-6:35

Virtual seminar via Zoom

 

     Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year

Norma M. Murgado, Esq.
Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge)

Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown

John Menzel, Esq.
Past Chair, NJSBA Municipal Court Practice Section 

William Brigiani, Esq. Past Middlesex Bar President

 

This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court.

An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar

For lawyers  $150- $190 tuition depending on NJSBA membership  

½ price for Judges. 

One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · CustomerService@njsba.com

Seminar  

https://www.facebook.com/events/573561613247879

Free for law students based on space available.

 

    Municipal Court and Criminal Law attorneys may also be interested in the   book Defending DWI and Drug Possession (2020) Bound book

List Price: $59.00 USD

NJ State Bar’s new book

Written by: Kenneth A. Vercammen

     This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.

This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.

Special Feature: Over 50 modifiable forms and motions

Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.

Bonus!
Also includes a section on marketing the DWI and drug defense practice.

Table of Contents:
1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice 

Book # 1177719   New Jersey Institute for Continuing Legal Education  A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com

https://tcms.njsba.com/personifyebusiness/njicle/Store/ProductDetails.aspx?productid=46708744

Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar

 

July 28, 2021   Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm

   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

New  Expungement Law took effect 2020, revised again 2021

    COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.

SPEAKER: Kenneth Vercammen, Esq.

              (Author- Criminal Law Forms by the American Bar Association)

The NJ statute on expungement was revised effective June 15.  Nothing is automatically erased yet. 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 under certain instances. This program will discuss the expungement process. I 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?

    To attend email VercammenLaw@Njlaws.com

https://www.facebook.com/events/714526569340533

        Can’t attend?  We can email you materials

Send email to VercammenLaw@Njlaws.com

    More info: 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.

https://www.facebook.com/events/2552232138434263/

Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate, 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 past 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 which 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^th degree black belt.

KENNETH VERCAMMEN

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

Defense to assault self-defense NJ

 Watch Youtube video at: https://youtu.be/8QBRnKJeiPw

Defense to assault self-defense JUSTIFICATION SELF DEFENSE (N.J.S.A. 2C:3 4) In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law at the beginning of their case and prior to a trial. The same law applies in Municipal Court trials. The defendant contends that if the State proves he/she used or threatened to use force upon the other person(s), that such force was justifiably used for his/her self-protection. The self-defense statute reads: "The use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion." In other words, self defense is the right of a person to defend against any unlawful force. Self defense is also the right of a person to defend against seriously threatened unlawful force that is actually pending or reasonably anticipated. When a person is in imminent danger of bodily harm, the person has the right to use force or even deadly force when that force is necessary to prevent the use against him/her of unlawful force. The force used by the defendant must not be significantly greater than and must be proportionate to the unlawful force threatened or used against the defendant. Unlawful force is defined as force used against a person without the person's consent in such a way that the action would be a civil wrong or a criminal offense. If the force used by the defendant was not immediately necessary for the defendant's protection or if the force used by the defendant was disproportionate in its intensity, then the use of such force by the defendant was not justified and the self defense claim fails. There are different levels of force that a person may use in his/her own defense to prevent unlawful harm. The defendant can only use that amount or degree of force that he/she reasonably believes is necessary to protect himself/herself against harm. If the defendant is attempting to protect himself/herself against exposure to death or the substantial danger of serious bodily harm, he/she may resort to the use of deadly force. Otherwise, he/she may only resort to non deadly force. Non Deadly Force A person may also use non deadly force in his/her own defense. If you find that this defendant did use non deadly force to defend himself/herself, then you must determine whether that force was justified. A person may use non deadly force to protect himself/herself if the following conditions exist: 1. The person reasonably believes he/she must use force and 2. The person reasonably believes that the use of force was immediately necessary and 3. The person reasonably believes he/she is using force to defend himself/herself against unlawful force, and 4. The person reasonably believes that the level of the intensity of the force he/she uses is proportionate to the unlawful force he/she is attempting to defend against. Remember, only if you conclude that in using force or deadly force the defendant reasonably believed he/she was defending against unlawful force is the defense available to him/her.

What to do when being arrested shut up NJ

Watch Youtube video at: https://youtu.be/5cd_RifEkWQ

Top 10 things to do if you are arrested

1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you. 2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card. 3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it. NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line. Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and was out playing golf for a decade on the nicest courses in Florida. 4. Hire a trial lawyer at the first opportunity. Hire an experienced criminal lawyer. Don’t hire an ambulance chaser that mails you a solicitation letter advising they handle cases cheap, then sends a young attorney with no trial experience to handle the case. Remember, good things ain’t cheap, and cheap things ain’t good. [Zig Ziglar] 5. Borrow money from relatives and friends. You made need more money to hire a good attorney You may need money to hire investigators and experts. 6. Provide your attorney the Complaint. Provide Arrest report if provided. 7. Obtain names, addresses, phone number of your witnesses and provide to your attorney. 8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line or suppression issue. 9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don’t want to waste a trip to the courthouse or show up the wrong day or time. 10. Please prepare and mail to my office a list of 15 reasons why the judge should not impose the maximum penalties or fines.

Disorderly Conduct Sandy Hook National Gateway, Gunnison Beach, Fort Dix, McGuire, Naval Earle NJ

Watch Youtube video at: https://youtu.be/dyYHr4ff_2c 

Sandy Hook § 2.34 Disorderly conduct.

Sandy Hook § 2.34 Disorderly conduct. (a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts: (1) Engages in fighting or threatening, or in violent behavior. (2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace. (3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances. (4) Creates or maintains a hazardous or physically offensive condition. (b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst https://www.blogger.com/blog/posts/2685945316424594861

Sandy Hook criminal charges NJ

 Watch Youtube video at: https://youtu.be/JV0ABQyK-Tg

Federal DWI in Sandy Hook NJ 18 U.S.C.A 13 Laws of States adopted for areas within Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst If charged with a DWI or drug offense at Sandy Hook, the case will be handled in the Federal Magistrate Court, currently in Newark at the Federal Courthouse. A Federal case takes much longer and is more complicated than the typical local Municipal Court case. Ken Vercammen has office has handled drug, DWI and different criminal charges arising out of charges at Sandy Hook. Hire an attorney with experience. You would not want a doctor for surgery that you were their first victim. DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 4 - VEHICLES AND TRAFFIC SAFETY 4.23 - Operating under the influence of alcohol or drugs. (a) Operating or being in actual physical control of a motor vehicle is prohibited while: (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph. (b) The provisions of paragraph (a) of this section also apply to an operator who is or has been legally entitled to use alcohol or another drug. (c) Tests. (1) At the request or direction of an authorized person who has probable cause to believe that an operator of a motor vehicle within a park area has violated a provision of paragraph (a) of this section, the operator shall submit to one or more tests of the blood, breath, saliva or urine for the purpose of determining blood alcohol and drug content. (2) Refusal by an operator to submit to a test is prohibited and proof of refusal may be admissible in any related judicial proceeding. (3) Any test or tests for the presence of alcohol and drugs shall be determined by and administered at the direction of an authorized person. (4) Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use. (d) Presumptive levels. (1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator's blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol. (2) The provisions of paragraph (d)(1) of this section are not intended to limit the introduction of any other competent evidence bearing upon the question of whether the operator, at the time of the alleged violation, was under the influence of alcohol, or a drug, or drugs, or any combination thereof. [52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003] (a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (b) (1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. ..... https://www.blogger.com/blog/post/edit/2685945316424594861/5940035402350572253 Source https://www.justice.gov/usam/criminal-resource-manual-610-deportations-expulsions-or-other-extraordinary-renditions

Attorney General Grewal directed all New Jersey municipal, county, and state prosecutors to adjourn, until at least January 25, 2021, any juvenile or adult case involving the marijuana possession-related offenses, or dismiss. Guidance for Marijuana Possession-Related Cases Pending in Municipal and Superior Courts As we await guidance from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated cannabis the Attorney General issued a new directive concerning marijuana possession-related cases currently pending in Municipal and Superior Courts. This memorandum supplements prior guidance issued by this office concerning the prosecution of low-level marijuana cases. All New Jersey municipal, county, and state prosecutors are instructed to seek an adjournment, until at least January 25, 2021, of any juvenile or adult case involving any of the following charges, alone or in combination with each other, where there are no other pending charges: • possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(3); • possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(4); • being under the influence of marijuana or hashish in violation of N.J.S. 2C:35-10(c); • failure to make lawful disposition of marijuana or hashish in violation of N.J.S. 2C:35-10(d); • use or possession with intent to use drug paraphernalia under N.J.S. 2C:36-2 involving only marijuana or hashish; • possession of a controlled dangerous substance while operating a motor vehicle in violation of N.J.S. 39:4-49.1 involving only marijuana or hashish; and • any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S. 2C:36A-1 involving only marijuana or hashish. In cases where there are other pending charges in addition to the marijuana possession- related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges. The Attorney General wrote: Please note that this shall not be construed in any way to create any substantive right that may be enforced by any third party, nor does it affect the prosecution of distribution of marijuana or possession with the intent to distribute marijuana in violation of N.J.S. 2C:35-5. Fairness and justice require that we, as prosecutors, not move forward with charges that the Legislature may foreclose in the near future. We will provide more comprehensive guidance, including direction on handling of previously adjudicated matters, when the Legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use cannabis. https://www.nj.gov/oag/newsreleases20/Marijuana-Guidance-Memo-Adjournments.pdf

c

Guidance for Marijuana Possession-Related Cases Pending in Municipal and Superior Courts 

        As we await guidance from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated cannabis the Attorney General issued a new directive concerning marijuana possession-related cases currently pending in Municipal and Superior Courts. This memorandum supplements prior guidance issued by this office concerning the prosecution of low-level marijuana cases.

       All New Jersey municipal, county, and state prosecutors are instructed to seek an adjournment, until at least January 25, 2021, of any juvenile or adult case involving any of the following charges, alone or in combination with each other, where there are no other pending charges: 

·       possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(3); 

·       possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(4); 

·       being under the influence of marijuana or hashish in violation of N.J.S. 2C:35-10(c); 

·       failure to make lawful disposition of marijuana or hashish in violation of N.J.S. 

2C:35-10(d); 

·       use or possession with intent to use drug paraphernalia under N.J.S. 2C:36-2 

involving only marijuana or hashish; 

·       possession of a controlled dangerous substance while operating a motor vehicle in 

violation of N.J.S. 39:4-49.1 involving only marijuana or hashish; and 

• any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S. 2C:36A-1 involving only marijuana or hashish. 

In cases where there are other pending charges in addition to the marijuana possession- related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges. 

The Attorney General wrote:

Please note that this shall not be construed in any way to create any substantive right that may be enforced by any third party, nor does it affect the prosecution of distribution of marijuana or possession with the intent to distribute marijuana in violation of N.J.S. 2C:35-5. 

Fairness and justice require that we, as prosecutors, not move forward with charges that the Legislature may foreclose in the near future. We will provide more comprehensive guidance, including direction on handling of previously adjudicated matters, when the Legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use cannabis.   

https://www.nj.gov/oag/newsreleases20/Marijuana-Guidance-Memo-Adjournments.pdf