NJ Laws Email Newsletter E259
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
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1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
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Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-How to impress the Court and not annoy the Court staff
-Forms motions and demand letters
-Criminal case law developments during the past year
-The Rules of Professional Conduct: retainer agreements and professionalism
and more
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into 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
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
6. If You Are In A Slip & Fall Accident, We Can Help
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident can be vital to your claim.
Thank you for reading our newsletter! God Bless America USA #1
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NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
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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
