In this issue:
1. If suspect admits police to home, plain view searches are permitted
2. No Pre Trial Intervention and Dismissal if guilty plea is made.
3. DWI Driver cannot be sentenced an 2nd time school zone offender unless he had a prior school zone conviction.
4. Employees can't steal clients or take confidential info
5. New articles on website: civil, Criminal, Elder, litigation articles added to website www.njlaws.com
__________________________
1. Law Division can find defendant guilty on observation DWI even if Municipal Court found guilty on per se source. State v. Kashi 180 NJ 45 (2004).
The New Jersey Supreme Court affirmed substantially for the reasons expressed by the Appellate Division in its opinion reported at 360 N.J. Super. 538 (2003). Double jeopardy is not implicated in a case where the Law Division in a trial de novo convicts on the charge of driving while intoxicated based on the evidence of the police officer's observations even though the Municipal Court concluded that the evidence was insufficient. Source: New Jersey Lawyer June 7, 2004 p. 17
10. Expungement permitted for possession with intent. State v. P.L. 369 NJ Super. 24 (App. Div. 2004).
N.J.S.A. 2C:52-2c clearly and unambiguously allows the expungement of a conviction for possession of CDS with intent to distribute, as opposed to a conviction for an actual or intended sale of CDS, which is precluded by the statute. Source: New Jersey Lawyer May 24, 2004 p. 25
11. Pardon permits expungement. In Re Petition of L.B. For Expungement of Criminal Records 369 NJ Super. 354 (Law Div. 2004).
A pardon granted by the Governor permits expungement of a criminal record that would otherwise be barred by statute. Source: New Jersey Lawyer May 31, 2004 p. 18
Upcoming charity races- Applications on line, in my Law office's reception area. and Runner's High Store. Main St., Metuchen
10/2/2004 Carnegie Center 5k , 9:30am, fun run, 9am West Windsor, NJ 609-631-9211
10/9/2004 The Rat Race 3.6 miles, 10:11am Wall, NJ 732-988-4953
10/24/2004 East Brunswick Road Races 5k, 10k East Brunswick, NJ 732-839-2129
5. New articles on website: civil, Criminal, Elder, litigation articles added to website www.njlaws.com
Liability for Fall downs in Parking Lots of Commercial Premises
http://www.njlaws.com/liability_for_fall_downs_in_parking_lots_of_commercial_premises.htm
Felony and crimes in New Jersey
http://www.njlaws.com/felony_and_crimes_in_NJ.htm
2C:18-3 Defiant Trespass
http://www.njlaws.com/defiant_trespass.htm
ATRA Alcohol Treatment and Rehabilitation Act NJSA 26:2B-17
http://www.njlaws.com/alcohol_treatment_and_rehabilitation_act.htm
Estate Planning for Parkinson Patients & Guardianship of Disabled Adults
http://www.njlaws.com/estate_planning_for_parkinson_patients.htm
________________________________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
New (Fax) 732-572-0030
website: www.njlaws.com
Editor's Note and Disclaimer: All materials Copyright 2004. 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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject remove. Removals are performed by the webmaster once per month.
