Sunday, July 16, 2017

Effective July 1, 2017, the New Jersey Department of Law and Public Safety will require DNA collection for 19 disorderly persons offenses at the time of conviction.

DNA Collection

Effective July 1, 2017, the New Jersey Department of Law and Public Safety will require DNA collection for 19 disorderly persons offenses at the time of conviction. The State Police memo dated May 12, 2017 can be viewed

State of New Jersey Department of Law and Public Safety Division of Criminal Justice
Date: Friday, May 12, 2017
From: Andrew A. DeMuth Jr., Manager CODIS Compliance Unit To: File
Re: Statutes for Expansion of DNA Collection Law: DP Offenses
Effective July 1, 2017, DNA collection will be required for the following 19 disorderly persons offenses at the time of conviction.
At the time of collection, the offender’s identity must be electronically verified via the LiveScan machine using the Criminal Inquiry option, not Criminal Arrest as Criminal Arrest prints were already taken at the time of arrest. Care must be taken to avoid taking Criminal Arrest prints from a subject for the same offense twice.
DV Assault
2C:12-1A(3)* DV - SIMPLE ASSAULT-THREAT OF SBI BY PHYSICAL MENACE *For simple assault statutes, DNA collection is only required when committed as an act of Domestic Violence (DV).
DV Restraining Order
CDS Related
2C:35-10C 2C:35-10.4B(1)
2C:35-10.5E(1) 2C:35-24
2C:36-6.2c (AOC Adding)
PRESC/LEGEND DRUG-DISTRIBUTE 4 OR FEWER DOSES PRESC/LEGEND DRUGS-USE W/OUT A LAWFUL SCRIPT PRESC/LEGEND DRUGS-POSS W/OUT A SCRIPT =<4 container="" dos="" drugs="" ephedrine="" for="" in="" o:p="" of="" original="" poss="" prescript="" products="" restrictions="" sales="">

Wednesday, July 12, 2017

Handling Drug, DWI and Serious Cases in Municipal Court Seminar

 October 30, 2017
NJ Law Center, New Brunswick, NJ
     Please forward to any attorneys, prosecutors or judges you believe may be interested.
     Speakers: Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year
Tara Auciello, Esq.
Municipal Prosecutor (South River)
Law Office of Tara Auciello, Esq. (New Brunswick)
William Brigiani, Esq.
Brigiani & Cohen, LLC (East Brunswick)
Gregory DeMichele, Esq.
NJSBA Trustee
DeMichele and DeMichele (Haddon Heights)
John Menzel, Esq.
Past Chair, NJSBA Municipal Court Practice Section
Law Offices of John Menzel (Point Pleasant) 
Norma M. Murgado, Esq.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll, Esqs. (Elizabeth)

$170- $190 tuition depending on  NJSBA membership 
Seminar # ICMCP150717

Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901


NJICLE, A Division of the NJSBA NJ State Bar Association 732-214-8500
CAN’T ATTEND?   Contact NJ ICLE for CD, book, Video
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. 

Includes sandwiches, dessert, a 400-page book  with sample forms, documents & checklists!
     A special Q&A session: Ask the Experts
NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division

    Municipal Court and Criminal Law attorneys may also be interested in the ABA’s CRIMINAL LAW FORMS book
Award winning book from the American Bar Association
Solo & Small Firm Division Author: Kenneth Vercammen 
 Use Criminal Law Forms to help represent persons charged with criminal and traffic offenses. Detailed instruction and valuable insight is offered beginning with the initial contact with the client, to walking into the courthouse, and managing the steps that follow. Two hundred and ten modifiable forms help make criminal lawyers more efficient and productive, while also reducing the chance for mistakes. Criminal Law Forms helps lawyers face the challenges of:
     Criminal defense
     DWI cases
     Juvenile offenses
     Domestic violence
     Traffic violations
     Auto Accidents
     And much more

Regular price $139.95,  GP SOLO Member Price $129.95 To order contact ABA Customer Care, 1-800-285-2221 321 N. Clark Street, Chicago, IL 60653 or fax to 312-988-6030 (PC: 5150457)  

      Author: 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 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. 
   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. Recently, the ABA Solo Division has selected Ken to write its new book on “Marketing for the New and Small Firm Attorney”. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4th degree black belt. 
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)   732-572-0030 

Saturday, July 01, 2017

2C:43-13.1 Conditional Dismissal Eligibility and application.

2C:43-13.1 Conditional Dismissal Eligibility and application.

1. Eligibility and Application. a. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and who has not previously participated in conditional discharge under N.J.S.2C:36A-1, supervisory treatment under N.J.S.2C:43-12, or conditional dismissal under P.L.2013, c.158 (C.2C:43-13.1 et al.), is charged with a petty disorderly offense or disorderly persons offense except as provided in subsection b. of this section, the defendant may, after a plea of guilty or a finding of guilt, but prior to the entry of a judgment of conviction and with appropriate notice to the prosecutor, apply to the court for entry into the conditional dismissal program pursuant to the requirements of P.L.2013, c.158 (C.2C:43-13.1 et al.). As a condition of such application, the defendant shall submit to the fingerprint identification procedures as provided in R.S.53:1-15 before making such application to the court to allow sufficient time for verification of the defendant's criminal history by the prosecutor.

b. (1) A defendant shall not be eligible for participation in the conditional dismissal program if the offense for which the person is charged involved: (a) organized criminal or gang activity; (b) a continuing criminal business or enterprise; (c) a breach of the public trust by a public officer or employee; (d) domestic violence as defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); (e) an offense against an elderly, disabled or minor person; (f) an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; (g) a violation of animal cruelty laws; or (h) any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C.

(2)Nothing in this act shall preclude a defendant charged with any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C from applying to the court for admission into the conditional discharge program in accordance with N.J.S.2C:36A-1.

c. In addition to the eligibility criteria enumerated in this section, the court shall consider the following factors:

(1)The nature and circumstances of the offense;

(2)The facts surrounding the commission of the offense;

(3)The motivation, age, character and attitude of the defendant;

(4)The desire of the complainant or victim to forego prosecution;

(5)The needs and interests of the victim and the community;

(6)The extent to which the defendant's offense constitutes part of a continuing pattern of anti-social behavior;

(7)Whether the offense is of an assaultive or violent nature, whether in the act itself or in the possible injurious consequences of such behavior;

(8)Whether the applicant's participation will adversely affect the prosecution of codefendants;

(9)Whether diversion of the defendant from prosecution is consistent with the public interest; and

(10) Any other factors deemed relevant by the court.

2C:43-13.2 Court approval of defendant's participation in conditional dismissal program.

2. Court Approval of Defendant's Participation in Conditional Dismissal Program. After considering the eligibility criteria set forth in section 1 of P.L.2013, c.158 (C.2C:43-13.1), the defendant's criminal history and the municipal prosecutor's recommendation, the court may, without entering a judgment of conviction, and after proper reference to the State Bureau of Identification criminal history record information files, approve the defendant's participation in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) and place the defendant under a probation monitoring status for a period of one year. The court may also impose financial obligations and other terms and conditions in accordance with P.L.2013, c.158 (C.2C:43-13.1 et al.). Where the court approves a defendant's participation in the conditional dismissal program over the municipal prosecutor's objection, the order approving the defendant's participation in the program shall be a final order but upon request of the municipal prosecutor shall be stayed for a period of 10 days in order to permit the prosecutor to appeal such order to the Superior Court.

L.2013, c.158, s.2.

2C:43-13.3 Extension of conditional dismissal term.

3. Extension of Conditional Dismissal Term. A defendant may apply to the court for an extension of a term of conditional dismissal pursuant to the provisions of P.L.2013, c.158 (C.2C:43-13.1 et al.) to allow sufficient time to pay financial obligations imposed by the court. A judge may also extend a defendant's conditional dismissal term for good cause.

2C:43-13.4 Violation of terms prior to dismissal.

4. Violation of Terms Prior To Dismissal. If a defendant who is participating in the conditional dismissal program established pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) is convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, or otherwise fails to comply with the terms and conditions imposed by the court, the court may enter a judgment of conviction and impose a fine, penalty, or other assessment which may be imposed by the court in accordance with the defendant's prior plea of guilty or finding of guilt.

L.2013, c.158, s.4.

2C:43-13.5 Dismissal.

5. Dismissal. If, at the end of the term of the conditional dismissal, the defendant has not been convicted of any subsequent petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.

L.2013, c.158, s.5.

2C:43-13.6 Effect of dismissal.

6. Effect of Dismissal. The conditional dismissal of petty disorderly persons or disorderly persons offenses granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a petty disorderly persons or disorderly persons offense but shall be reported to the State Bureau of Identification criminal history record information files for purposes of determining future eligibility or exclusion from court diversion programs. A conditional dismissal granted pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.

2C:43-13.7 Limitation.

7. Limitation. A conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall be granted only once with respect to any defendant.

2C:43-13.8 Conditional dismissal assessment, restitution and other assessments.

8. Conditional Dismissal Assessment, Restitution and Other Assessments. A defendant applying for admission to the conditional dismissal program pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.) shall pay to the court an application fee of $75 which, upon collection, shall be deposited into the "Municipal Court Diversion Fund" established pursuant to section 9 of P.L.2013, c.158 (C.2C:43-13.9). Monies in the fund shall be used to defray the cost of intake and monitoring services related to the defendant's participation in the conditional dismissal program as provided by the Probation Division of the Superior Court. If admitted into the program, the defendant shall be required to pay any restitution, costs, and other mandatory assessments that would have been imposed by law for a conviction of the offense charged.

A municipal court judge may impose an assessment, based on the nature of the offense and the character of the defendant, that shall not exceed the amount of a fine that would have been imposed for conviction of the offense charged. Such assessment shall be distributed in the same manner as a fine for the offense charged. A defendant shall be advised of these financial conditions prior to seeking entry into the program.

A defendant may apply for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court may permit the defendant to pay the conditional dismissal fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c.317 (C.2B:12-23.1).

Tuesday, June 27, 2017

39:3-37.1 b Permitting unlicensed driver to use your car vehicle; penalty.

39:3-37.1  b  Permitting unlicensed driver to use your car   vehicle; penalty.

   b.   A person who owns, leases or otherwise has control or custody of a motor vehicle registered under the provisions of this title shall not allow that motor vehicle to be operated by an unlicensed driver.

   c.   The penalty for a violation of this section shall be a fine of not less than $200 or more than $500, imprisonment for not more than 15 days, or both.  

Saturday, April 01, 2017

Milltown Defense by Affidavit or Certification Program - We Go to Court if You Live Out of Area or Cannot Appear for Court

Defense by Affidavit or Certification Program - We Go to Court if You Live Out of Area or Cannot Appear for Court
Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
The following are tickets we have handled without our clients having to appear because they were not available. Our attorneys can appear on your behalf without you having to go to court on the following matters: Violation Points 27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
# 27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 39:3-20 Operating constructor vehicle in excess of 45 mph 3
# 39:4-14.3 Operating motorized bicycle on restricted highway 2
# 39:4-14.3d More than 1 person on a motorized bicycle. 2
# 39:4-35 Failure to yield to pedestrian in crosswalk. 2
# 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
# 39:4-41 Driving through safety zone. 2
# 39:4-52 Racing on Highway 5
# 39:4-55 Improper action or omission on grades and curves 2
# 39:4-57 Failure to observe directions of officer. 2
# 39:4-66 Failure to stop before crossing sidewalk 2
# 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
# 39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
# 39:4-71 Improper driving on sidewalk 2
# 39:4-80 Failure to obey direction of officer 2
# 39:4-81 Failure to observe traffic signal 2
# 39:4-82 Failure to keep right 2
# 39:4-82.1 Improper operating of vehicle on divided highway or divider 2
# 39:4-83 Failure to keep right at intersection 2
# 39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
# 39:4-85 Improper passing on right or off roadway 4
# 39:4-85.1 Wrong way on one-way street 2
# 39:4-86 Improper passing, in No Passing zone 4
# 39:4-87 Failure to yield to overtake vehicle 2
# 39:4-88 Failure to observe traffic lanes 2
# 39:4-89 Tailgating 5
# 39:4-90 Failure to yield at intersection 2
# 39:4-90.1 Failure to use proper entrances to limited access highway 2
# 39:4-91, Failure to yield to emergency vehicle 2
# 39:4-96 Reckless driving 5
# 39:4-97 Careless driving 2
# 39:4-97a Destruction of agricultural or recreational property 2
# 39:4-97.1 Slow speed blocking traffic 2
# 39:4-98 or Speeding up to 14mph above limit 2
# 39:4-99 Speeding 15-29 mph above limit 4
# Speeding 30 mph or more above limit 5
# 39:4-105 Failure to stop at traffic light 2
# 39:4-115 Improper turn at traffic light 3
# 39:4-119 Failure to stop at flashing red signal 2
# 39:4-122 Failure to stop for police whistle 2
# 39:4-123 Improper right or left turn 3
# 39:4-124 Improper turn: from approved turning course 3
# 39:4-125 Improper u-turn 3
# 39:4-126 Failure to give proper signal 2
# 39:4-127 Improper backing or turn in street 2
# 39:4-127.1 Improper crossing of railroad grade crossing 2
# 39:4-127.2 Improper crossing of bridge 2
# 39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
# 39:4-128.1 Improper passing of school bus 5
# 39:4-128.4 Improper passing of frozen dessert truck 4
# 39:4-129 Leaving scene of accident- No injuries 2
# 39:4-129 Personal Injury 8
# 39:4-144 Failure to observe of stop or yield signs 2
Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

Upon request, we provide all potential clients with :
1. Our Written Agreement to Provide Municipal Court Legal Services 2. Municipal Court Information Sheet
We request all potential clients fill out the Municipal Court Information Sheet and return to our office immediately. You also need to fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Visa, Master Charge or American Express over the phone and by fax. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation to the Court, Prosecutor and you. We recommend our clients meet with us once prior to the court date.
After we are retained [paid], we will draft the Defense by Certification for our client. The Certification will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendants Address
In our detailed Court Certification, the client will need to indicate to the court the following: It would be an undue hardship for me to appear in person for trial. I understand my right to a reasonable postponement and waive my right to be present at the trial. I understand that if I plead NOT GUILTY, the judge will hear the testimony of the complainant or other witnesses. If I plead GUILTY, the judge may hear such testimony. I agree to abide by the judgment of the court. I understand that if convicted, for other than a parking offense, a record of same will be sent to the Division of Motor Vehicles which issued my license.
Our client authorizes us to enter a plea to a lower point violation. Our Law Office will prepare the Defense by Certification and mail it to our client.
Our clients must read the Defense by Certification carefully. If you need to make any changes, make the changes in ink on the form directly. You must immediately sign in front of a notary and return it to our office. If the hearing date is less than 10 days away, we recommend you send the signed Certification by Federal Express or UPS.
On the day of the court session or next morning, you should call the court directly to determine the specific reduced charge and the total fine and cost. You should also ask the court who your check should be made payable to and the address for mailing. Do not call our office since we do not have complete details on fines and addresses. You must pay the complete fines within 5 days. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC.
Representation/ What We will do for you in Defense by Certification Case. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors.
1. Telephone consultation with client; 2. Office consultation with client, if requested; 3. Offer sound legal advice to client, plus access to our legal info website 4. Preparation of letter of representation to Municipal Court; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file. If client comes to our office, they may have a free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Draft Defense by Certification Pleading 11. Mail or fax Defense by Certification Pleading to client 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service.
Other Legal Services Available. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Additional services or work must be paid for. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after the decision of the trial court; (b) Appeal any decisions of the trial court or make additional appearances after appearing in Court; (c) provide other legal services or advice not set forth above; or (d) Represent you in any other court or Tribunal
Your Responsibility- Please read carefully and follow instructions to help us help you

1. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. This includes providing details on what you told the police and court. 2 You must notify the court and the law office immediately if your address or phone numbers change. 3 Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid. All fees and requirements under this written retainer agreement and any other written documents must be complied with. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Firm will also withdraw at your request. You must advise our office and the Court in writing. 4 Pay your fines immediately. 5. If you call, you must provide your questions to our receptionist