NJ Laws Email Newsletter E296
Kenneth Vercammen, Attorney at Law
February 25, 2009
In This Issue:
_______________
1. Brendan
Vercammen
Wins Wrestling
District
Championship.
2. Division in dicta
Says All 3rd
Offense Unsafe
Have 4 Points.
3. Conflict of
Interest if Trial
Counsel Represents
Both Defendant
and Another Person
Who May Have
Committed Offense.
4. Defendant Should
be Present in Court
and Advised of the
Right to Appeal
Unless They Waive
Appearance.
5. D.V. Related
Assault Can Be
Expunged.
6. 2009 Metuchen
Public Defender
Volunteer
Internships.
1. Brendan Vercammen Wins Wrestling District Championship
South Brunswick's Brendan Vercammen (171) won the District 20
wrestling championship on February 21. He defeated a defending champ
from Old Bridge. South Brunswick's Joe Dougherty was named the
District 20 Coach of the Year.
Winning 2nd place and earning a trip to the Region 5 tournament were
Cody Shelcusky, Colin Preacher, Kevin Wadiak and James Pagano.
Finishing 3rd place and also participating in the Region 5 championships are
Tyler Jaramillo and Jeff Goldhagen.
The Regions are at North Hunterdon High School on Route 31 on
Tuesday, Friday & Saturday. Come out & support the team.
Joe Dougherty of South Brunswick led his squad to a third-place finish in
the Districts and a 19-9 record this season to be named district Coach of the
Year. Also helping this great team record were seniors Manny Ortiz, Edmund
Jasabe, Josh Weinstein, plus Mike Blaine and the super freshmen Fran White,
Drew Seroka, and Justin Lopez.
Home News Article:
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009902210354
Star Ledger Article:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/district_20_results_high_schoo.html
Wrestling Blog:
http://blogs.mycentraljersey.com/onthemat/?s=vercammen
Recent Cases:
2. Appellate Division in dicta Says All 3rd Offense Unsafe
Have Four Points. Patel v. MVC 403 NJ Super. 373 (App. Div. 2008).
New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the
Motor Vehicle Commission shall assess the driver points for a third or
subsequent offense. The statute also affords relief from the assessment of points
when an offense is committed more than five years after a prior offense. In this
appeal, the court has construed that language to apply only to offenses that
occur after the third offense.
3. Conflict of Interest if Trial Counsel Represents Both Defendant
and Another Person Who May Have Committed Offense.
State v. Alexander 403 NJ Super. 250 (App. Div. 2008).
In this appeal, the court reversed the denial of post-conviction relief
because trial counsel's representation of both defendant and another individual,
who allegedly participated in crimes with defendant, placed counsel in a per se
conflict of interest. The court held that because the conflict arose between the
entry of a guilty plea but before sentencing, there was no cause to disturb the
plea, but that defendant was entitled to be resentenced following a determination
of what might have occurred had defendant sought to cooperate with law
enforcement regarding his alleged cohort.
4. Defendant Should be Present in Court and Advised of the Right
to Appeal Unless They Waive Appearance. State v. Taimanglo
403 NJ Super. 112 (App. Div. 2008).
Part III of the Rules govern municipal appeals in the Law Division.
Defendant must be afforded right to be present and allocution unless
waived on the record. He must also be advised of right to appeal and
State v. Molina, 187 N.J. 531 (2006) applies in the absence of adherence
to R. 3:21-4(h). The conviction in this case is affirmed because the remand
conducted pending the appeal permitted defendant to raise all issues in the
Law Division and the de novo review cured defects in the municipal court
proceedings.
5. D.V. Related Assault Can Be Expunged. In the Matter of the
Expungement of the Criminal Records of N.M.H.
___ NJ Super. ___ (Law Div. Decided January 17, 2008)
No. 14-3-2048
A person who has pleaded guilty to simple assault is not prevented
from having the offense expunged solely on the basis that it constitutes
an act of domestic violence.
6. 2009 Metuchen Public Defender Volunteer Internships
The Public Defenders provide Indigent individuals charged with
criminal or serious motor vehicle charges with free or limited cost
legal defense. The Public Defender of Metuchen invites students
interested in attending law school or a career in law enforcement to
apply to serve as volunteer interns. Volunteer Law Clerk interns will
attend Wednesday evening and Friday afternoon court sessions.
The Kenneth Vercammen & Associates Law Office in Edison also
offers a law clerk volunteer internship. Information regarding our Law
Office plus articles on some of the type of matters students may work
on can be found on the Internet website www.njlaws.com. Please post
these positions.
Interested students must mail or fax a cover letter indicating the internship
they are applying for and resume. If no personal cover letter by student, the
resume will not be considered.
Details on internships at: http://www.njlaws.com/intern.htm
VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN
Court times: WEDNESDAY 3pm PM [approx]- 8:15 PM, Friday 9am,
plus hearing preparation work.
VOLUNTEER INTERNSHIP DESCRIPTION:
-INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL
COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING,
ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER
DISORDERLY AND TRAFFIC OFFENSES
-MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE
REPORTS
-ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL
ATTORNEYS,
-PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS
-CONDUCT APPROPRIATE LEGAL RESEARCH
- ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY
ACTIVE PARTICIPATION
- PARTICIPATE IN PUBLIC RELATIONS ACTIVITIES and help
set up seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and
criminal law websites.
Volunteer to help indigent people charged with criminal and motor
vehicle offenses of magnitude. In additional to time in court, you will be
given research assignments. You can work more hours if you want. Help
people less fortunate than you who are down on their luck.
Program lasts 12 weeks. Minimum time commitment September-
May is 10 hours per week.
For Summer- College graduates and Law students only. Minimum
Volunteer time commitment in summer- 18 hours per week. Send cover
letter and resume. After sending resume, call to schedule interview
732-572-0500.
We sponsor a state wide website www.njlaws.com with information
on criminal, litigation, personal injury, and probate matters. It is helpful if
applicants have some familiarity with HTML programming, web page
design and maintenance and Internet technology. If you can update a website,
please indicate so in the first paragraph of your cover letter. This office is
committed to excellence and service to clients and the community. Applicants
must have attention to detail. We attempt to give assignments which will be
meaningful and memorable but, nevertheless, expect that interns will pitch in
on whatever needs to be done.
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030
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Editor's Note and Disclaimer:
All materials Copyright 2009. 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
