2053 Woodbridge Avenue - Edison, NJ 08817

Monday, July 02, 2007

NJ Laws Newsletter E192 August 30, 2005

In this issue:
2. Hearsay can't be used in leaving the scene of an accident.
3. Marijuana DWI requires prosecution specific training by officer in narcotics.
5. Statute of Limitations: Criminal & Traffic


New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault.
Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence.
Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order. After a hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant. Among the relief the Court may give is:
“...(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.
(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties...
(3) An order providing for visitation...[ meaning the complainant obtains custody]
(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence...
(6) An order restraining the defendant from entering the residence, property,
school, or place of employment of the victim or of other family or household members of the victim...
(7) An order restraining the defendant from making any communication likely to cause annoyance or alarm...
(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members...
(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, any identification documents, a key, and other personal effects.
(10) An order awarding emergent monetary relief to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law...”
(11) An Order awarding temporary custody of a minor child. The court shall presume that the best interests of the child shall be served by an award of custody to the non- abusive parent.
(12) An Order requiring that a law enforcement officer accompany either party to the residence to supervise the removal of personal belongings.
(13) An Order granting any other appropriate relief for the plaintiff and minor children
(14) An Order that the defendant report to the intake office of the Family Part for monitoring
(15) An Order prohibiting the defendant from possessing any firearm or weapon

More information on restraining orders on our new web article:
2. Hearsay can't be used in leaving the scene of an accident. State v King (14-2-9440 App. Div.) [unreported].
Regarding defendant's conviction for leaving the scene of an accident, the panel holds that the judges at both the municipal court and Law Division levels improperly considered the police officers' hearsay as to what one of the witnesses old them on the night of the incident, on the merits; re-evaluating the proofs without the hearsay, the appellate panel finds them lacking, and what remains is "a gossamer web of circumstantial evidence" that the panel deems unpersuasive, requiring vacation of that conviction. (unreported). Source: 179 NJLJ 1099

3. Marijuana DWI requires prosecution specific training by officer in narcotics. State v. Bealor 377 NJ Super. 321 (App. Div. 2005).
1. In order to prove beyond a reasonable doubt that defendant was driving while intoxicated by marijuana, the state must show (1) that marijuana was present in the defendant's system while he was driving; and (2) that the marijuana resulted in a substantial deterioration or diminution of the defendant's mental faculties or physical capabilities as to make it improper for him to drive. In other words, the state must prove that marijuana was the proximate cause of defendant's behavior. 2. The state can prove DWI by marijuana - or any other CDS - by presenting expert testimony that a defendant is "under the influence" of a drug or narcotic "from the subject's conduct, physical and mental condition and the symptoms displayed." Even a nonexpert witness, such as a police officer who has had the "specific schooling and training in the field of narcotics ... if sufficiently experienced and trained may testify generally as to the observable reaction of drug users." 3. Marijuana intoxication is not a matter of common knowledge such that an inference of intoxication may be drawn solely from a lay witness's testimony respecting defendant's behavior.

SPECIAL FUNDRAISING PRICE IS NOW, $ 25.00 this is $ 5.00 off the regular retail price, Also a lot of new bargains this year. NEW, < Baja Fresh Mexican Restaurant,> < Bennigans > < Cold Stone Creamery> Just to name a few. Contact, Ed. DeBaker @ 732-287-0657 or eddeb1931@optonline.net Americanism Chairman, Elks # 2487

5. New web articles on our Law Clerk established website
Statute of Limitations: Criminal & Traffic
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2005. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.