Law Requires court to conduct inquiry at prosecutor’s request concerning source of bail funds where defendant is charged with crime with bail restric

Kenneth Vercammen's NJ Laws email newsletter E238
February 25, 2007

In this issue:
1. Requires court to conduct inquiry at prosecutor’s request concerning source of bail funds where defendant is charged with crime with bail restrictions.
2- HELP WANTED HTML Clerk to set up webpages
3 Wills, The New Probate Law & Estate Administration Program- last chance to attend Monday, March 19, 2007 7 - 8:30 P.M.
4. Police can ask for consent of home.


1.

Governor Jon S. Corzine also took action on the following legislation. NEW LAWS SIGNED:

A-2987/S-2012 (Watson Coleman, Steele, Johnson, Chivukula, Conaway/Turner, Girgenti) – Requires court to conduct inquiry at prosecutor’s request concerning source of bail funds where defendant is charged with crime with bail restrictions.

2- HELP WANTED HTML Clerk to set up webpages
Law Office Edison

Growing Law Office needs Clerk to update website and help with law office. We sponsor a state wide website with information on litigation, personal injury, criminal and probate matters. Clerk/ programmer needed to update website. Applicants must have familiarity with HTML programming, web page design/ maintenance and Internet technology. If you can update a website, this is the job for you. Please indicate so in the first paragraph of your cover letter. $10.00 an hour start. Work 20 hours per week Monday- Thursday. You select the hours. Fax resume & cover letter to the Law Office of Kenneth Fax 732-572-0030

Great opportunity to obtain legal experience.
GENERAL DUTIES [Not included in Crit advertisement]
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-Prepare correspondence to Law Journals and New Jersey Media with
Revised .-Provide copies of published articles to Judges, Prosecutors and other
New Jersey professionals.
-Ideal for person interested in the legal field, law enforcement or public relations/ media
-Occasional Telephone Answering

Must be dependable and committed to perfection for clients
Kenneth A. Vercammen, Esq.


3. Wills, The New Probate Law, Estate Administration & Elder Law
New Probate Law Effective 2006!

WHERE: Edison High School Community Adult Education

WHEN: Monday, March 19, 2007 7 - 8:30 P.M.
Please note, the Edison Board of Education is discontinuing its Community Adult Education program. This is your last opportunity to attend.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com.

EDISON COMMUNITY ADULT SCHOOL.
EDISON HIGH SCHOOL, Room 193, 50 Blvd. of Eagles, Edison, NJ
732-452-4574 John Russell, Director
-Free for Edison Seniors who pre register

$25 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732-452-4574

4. Police can ask for consent of home. State v. Domicz 188 N.J. 285 (2006)

The court held Under the circumstances, the warrantless thermal scan and seizure of electricity records did not constitute prior unlawful conduct that could tainted the later search. Grand jury subpoena procedures adequately protect any privacy interest in utility records. Law enforcement officers are not required to have a reasonable and articulable suspicion that criminal activity is occurring within a home before seeking consent to search the residence.

Upcoming charity races:
3/18/2007 St. Paddy's 10 Mile Race & Leprechuan 5k 10 mile 10am, 5k, 10:15am Freehold NJ 732-431-2627 Free beer, Free food, long sleeve shirt USATF Sponsored by Freehold Area Running Club FARC www.farcnj.com

3/24/2007 CASC 5K 9:30 Hightstown NJ 732-742-6868
For more events visit www.metrorace.com
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Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

Erase old criminal arrests and guilty pleas- New legal service available

ERASE/EXPUNGEMENT OF OLD ARRESTS TODAY TO AVOID EMBARRASSMENT AND DISCLOSURE

by KENNETH A. VERCAMMEN, ESQ.
Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church worshipers. The courts and police must keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" could be open to anyone in New Jersey including credit agencies. Under one proposal, for a $15.00 fee, someone could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen. Many employers often do a criminal background check on new and promoted employees.
Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged/ erased under certain instances.
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.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all expungements are held 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 cases is finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.

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5. Upcoming Community Events



Feb. 10 ABA Elder Law meeting, Miami

Feb. 11 Cynthia's birthday

Feb. 10 JSRC Party

March 4 Belmar Parade

March 9 Friendly Sons Friday This year's dinner will be at the DoubleTree Hotel in Somerset, NJ The recipient of "Irishman of the Year" will be Assemblyman Patrick Deignan. The dinner will be a black tie, men only. Tickets will be $100.00 and made payable to Friendly Sons of St. Patrick. Call Kenneth Vercammen if interested. We are trying to set up a table.

March 11 St Patrick Parade - Woodbridge

March 19 Edison Will / Probate

March 21 Middlesex Bar Awards Dinner - Law Center


Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

1. New statute Broadens definition of "toxic chemical"

Drug statutes to include nitrous oxide and other substances.
Governor Jon S. Corzine today took action on the following legislation. S-1280/A-3083 (Bryant/Fisher, Burzichelli) - This bill strengthens the prohibition on inhalation abuse, known as "huffing," by broadening the definition of "toxic chemical" in N.J.S.A. 2C:35-10.4.
Under current law, it is a disorderly persons offense to inhale the fumes of any toxic chemical for the purpose of causing a condition of intoxication or to possess any toxic chemical for the purpose of causing a condition of intoxication. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both.
The bill defines "toxic chemical" as "any chemical or substance having the property of releasing toxic fumes," and provides that the term "toxic chemical" includes but is not limited to nitrous oxide, and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.
The bill specifically provides that it does not apply to the lawful possession and use of nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide, or to the lawful sale of nitrous oxide for non medical use.
The bill amends N.J.S.A. 2C:36-1 through N.J.S.A. 2C:36-3, the drug paraphernalia statutes, to include objects commonly associated with inhalation abuse, such as the following: compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient; chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical. Use or possession of a toxic chemical under N.J.S. 2C:36-2 would be a disorderly persons offense. Distributing, dispensing or possessing with intent to distribute or manufacture a toxic chemical under N.J.S. 2C:36-3 would be a crime of the fourth degree punishable by a term of imprisonment not to exceed 18 months, a fine of up to $10,000 or both.
http://www.njleg.state.nj.us/2006/Bills/A3500/3083_S1.HTM

Judge releases findings regarding Alcotest DWI machine

Judge releases findings regarding Alcotest DWI machine

After months of testimony and hearing, Court Special master Michael Patrick King rederered Findings and Conclusions Submitted to
Supreme Court on February 13, 2007 regarding the DWI Alcotest machine.

I. PROCEDURAL HISTORY
The case arises from quasi-criminal actions involving
twenty defendants who were arrested in Middlesex County for
driving while under the influence of alcohol in violation of
N.J.S.A. 39:4-50. Defendants challenged the admissibility and
reliability of breath test results obtained from the Alcotest
7110 MKIII-C, firmware version NJ 3.11 (Alcotest 7110).
On October 14, 2005 the Law Division granted the State's
motion to consolidate the cases pending as of May 23, 2005 in
several Middlesex County municipal courts. Among other things,
Judge Cantor denied the State's motion to take judicial notice
of the opinion in State v. Foley, 370 N.J. Super. 341, 359 (Law
Div. 2003), which ruled that the Alcotest 7110 MKIII-C was
scientifically accurate and reliable and that its reported
readings would be admitted into evidence without the need for
expert testimony. At the time of Foley, New Jersey was using
firmware version 3.8.
In her written statement of November 10, 2005 Judge Cantor
explained that the Alcotest 7110 MKIII-C was a new instrument
adopted throughout New Jersey on a county-by-county basis on a
sequential timetable. She emphasized that only the Camden
County, Law Division in Foley had found it scientifically
reliable and that Judge Orlando, in dictum, had concluded that
New Jersey should make certain changes in the instrument's
firmware and the instructions given to its users. Ibid.
Because the Alcotest 7110 MKIII-C was a novel scientific
instrument which had never been vetted by an appellate court or
our Supreme Court, Judge Cantor concluded that its scientific
reliability remained a justiciable issue.
On December 1, 2005 the Appellate Division granted the
State's motion for leave to appeal and denied its motion for a
summary reversal. The Appellate Division remanded the matter to
the trial court for an accelerated hearing on the validity of
breath tests for alcohol, obtained through the use of Alcotest
instruments.
On December 14, 2005 our Supreme Court certified the appeal
pending in the Appellate Division on its own motion pursuant to
R. 2:12-1. The Court vacated the remand to the Law Division and
remanded the matter to retired Appellate Division Judge Michael
Patrick King, to preside as a Special Master. The Court ordered
the Special Master to conduct a hearing and report his findings
and conclusions on an accelerated basis.

The Court ordered the Special Master to:

1. Conduct a plenary hearing on the
reliability of Alcotest breath test
instruments, including consideration of the
pertinent portions of the record in State v.
Foley, 370 N.J. Super. 341 (Law Div. 2003),
and the within matters in the Superior
Court, Law Division, Middlesex County,
together with such additional expert
testimony and arguments as may be presented
by the parties;

2. Determine whether the testimony
presented by the parties should be
supplemented by that of independent experts
selected by the Special Master;

3. Grant, in the Special Master's
discretion, motions by appropriate entities
seeking to participate as amici curiae, said
motions to be filed with the Special Master
within ten days of the filing date of this
Order;

4. Invite, in the Special Master's
discretion, the participation of entities or
persons as amici curiae or, to the extent
necessary in the interests of justice, as
intervenors to assist the Special Master in
the resolution of the issues before him; and

5. Within thirty days of the completion of
the plenary hearing, file findings and
conclusions with the Clerk of the Court and
contemporaneously serve a copy on the
7
parties and amici curiae, which service may
be effectuated by the posting of the report
on the Judiciary's website . . . .


The Court also ordered the parties, and permitted all amici
curiae who participated in the plenary hearing, to serve and
file initial briefs within fourteen days of the filing of the
Special Master's report as well as responses, if any, within ten
days. It further ordered the Clerk to set the matter for oral
argument on the first available date after completion of
briefing by the parties. Finally, the Court ordered the stay of
N.J.S.A. 39:4-50 proceedings pending in Middlesex County, and
directed all Superior and Municipal Court judges before whom
such proceedings were pending, to ensure strict enforcement of
the Court's Guidelines for Operation of Plea Agreements in the
Municipal Courts of New Jersey.
On January 9, 2006 the Special Master granted to the
Association of Criminal Defense Lawyers of New Jersey (ACDL)
leave to appear as amicus curiae. On January 23, 2006 the
Special Master also admitted the New Jersey State Bar
Association (NJSBA) as amicus curiae, under R. 1:13-9, in view
of the matter's public importance.
On January 10, 2006 the Court sua sponte issued an order
addressing issues that affected the prosecution of N.J.S.A.
39:4-50 offenses statewide. The Court ordered all prosecutions
and appeals which did not involve the Alcotest 7110 to proceed
in the normal course. The Court, however, ordered the stay of
prosecutions and appeals involving repeat offenders and the
execution of their sentences where the convictions were based
solely on Alcotest readings. The Court also ordered that first-
offender prosecutions proceed to trial based on clinical
evidence when available and on Alcotest readings. It ordered,
however, that the execution of sentences for all first offenders
be stayed pending disposition of the Court's final decision on
the Alcotest 7110's reliability, unless public interest required
their immediate implementation.
As explained by the Administrative Director, Judge
Carchman, in a clarifying memorandum to municipal court judges
dated January 17, 2006, a court could admit evidence of an
Alcotest reading, over the objection of defense counsel, without
first holding a hearing on the instrument's scientific
reliability. He further explained that under N.J.S.A. 39:4-
50(a)(2) and (3), the penalty for repeat offenders was the same
whether the finding of guilt was based on observation or blood
alcohol levels. However, for first offenders, the penalty could
vary, making the Alcotest reliability hearing of fundamental
importance.
On March 15, 2006 the Court entered an order directing the
Special Master to designate an independent expert or experts.
Upon deliberation and consultation with the parties and amici
curiae, the Special Master determined that a court-appointed
expert was not necessary for proof purposes, especially because
of the quasi-criminal nature of the proceedings.
Meanwhile, discovery proceeded. On February 3, 2006 the
Special Master entered an order directing the State to give
defendants certain information, documents and materials
pertaining to the Alcotest 7110's firmware, software,
algorithms, electronic schematics, and source codes. Among
other things, the discovery order recognized that the exchange
of firmware and software might require a protective order to be
submitted by the State or manufacturer for court approval. On
February 17, 2006 the Special Master entered a supplemental
discovery order directing the State to lend three Alcotest 7110s
to defense counsel and one to counsel for the amicus NJSBA.
Among other things, the supplemental discovery order also
allowed the manufacturer Draeger Safety Diagnostics, Inc.
(Draeger) to apply to intervene in this matter, especially
because of the issue of "trade secrets."
Draeger objected to the discovery orders claiming that they
permitted the release of trade secrets and proprietary
information. On February 23, 2006 Draeger's intellectual
property counsel prepared a proposed protective order and sent
it to the State for submission to the court.

Draeger's proposal
included a request for indemnification from defense counsel. In
response to defendants' objections to Draeger's initial draft