NJ Laws Email Newsletter E344
NJ Laws Email Newsletter E344
Kenneth Vercammen, Attorney at Law
July 21, 2010
In This Issue:
1. You are invited.....
Friday, July 30, 2010 4-7 PM
2. Supreme Court Affirms Constitutionality of Domestic Violence Act.
3. Police cannot search home without warrant.
4. Erase & Eliminate Criminal Arrests
Office Phone Number:
(732) 572-0500
Greetings Kenneth Vercammen,
1. You are invited.....
Friday, July 30, 2010 4-7 PM
Happy Hour, Open House, Client & Community Appreciation Social. Open to the public
Where: 2053 Woodbridge Avenue, Edison, NJ 08817
RSVP -Yes, We will be attending the party
Name: _____________________________
Email: _____________________________
2. Supreme Court Affirms Constitutionality of Domestic Violence Act. Crespo v. Crespo 201 NJ 207 (2010)
The Prevention of Domestic Violence Act is constitutional. Judgment of the Appellate Division is affirmed substantially for the reasons expressed in the thorough opinion of Judge Fisher. Note - Judge Fisher wrote that discovery can be ordered by Trial Judge.
3. Police cannot search home without warrant. State v. Jefferson __ NJ Super. ____ (App. Div. 2010) A-1945-06T4 (05-21-10)
(1) In the absence of a warrant or a recognized exception from the Fourth Amendment's warrant requirement, the police could not lawfully enter defendant's home to conduct a Terry type detention and investigation of defendant.
(2) A police officer's wedging herself in the doorway to prevent defendant from closing his front door was entry into the home.
(3) The police failed to show either "hot pursuit" exigent circumstances or a community caretaking exception from the warrant requirement.
(4) Although the police entry was unlawful, defendant had no right to resist physically, and the search of his person incident to arrest was lawful.
(5) Consent to search defendant's apartment, given by defendant's wife, was tainted by the unconstitutional police conduct and was not shown to be voluntary.
4. Erase & Eliminate Criminal Arrests
Attention individuals with criminal arrested from their pasts. Legally erase criminal arrests. 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.
Editorial Assistance provided by Nikhil Joshi, who attends The New Jersey Institute of Technology as a Graduate Student. Mr. Joshi obtained his Bachelor's Degree from the University of Washington and is currently participating in Kenneth Vercammen's Summer Internship Program.
Kenneth Vercammen, Attorney at Law
July 21, 2010
In This Issue:
1. You are invited.....
Friday, July 30, 2010 4-7 PM
2. Supreme Court Affirms Constitutionality of Domestic Violence Act.
3. Police cannot search home without warrant.
4. Erase & Eliminate Criminal Arrests
Office Phone Number:
(732) 572-0500
Greetings Kenneth Vercammen,
1. You are invited.....
Friday, July 30, 2010 4-7 PM
Happy Hour, Open House, Client & Community Appreciation Social. Open to the public
Where: 2053 Woodbridge Avenue, Edison, NJ 08817
RSVP -Yes, We will be attending the party
Name: _____________________________
Email: _____________________________
2. Supreme Court Affirms Constitutionality of Domestic Violence Act. Crespo v. Crespo 201 NJ 207 (2010)
The Prevention of Domestic Violence Act is constitutional. Judgment of the Appellate Division is affirmed substantially for the reasons expressed in the thorough opinion of Judge Fisher. Note - Judge Fisher wrote that discovery can be ordered by Trial Judge.
3. Police cannot search home without warrant. State v. Jefferson __ NJ Super. ____ (App. Div. 2010) A-1945-06T4 (05-21-10)
(1) In the absence of a warrant or a recognized exception from the Fourth Amendment's warrant requirement, the police could not lawfully enter defendant's home to conduct a Terry type detention and investigation of defendant.
(2) A police officer's wedging herself in the doorway to prevent defendant from closing his front door was entry into the home.
(3) The police failed to show either "hot pursuit" exigent circumstances or a community caretaking exception from the warrant requirement.
(4) Although the police entry was unlawful, defendant had no right to resist physically, and the search of his person incident to arrest was lawful.
(5) Consent to search defendant's apartment, given by defendant's wife, was tainted by the unconstitutional police conduct and was not shown to be voluntary.
4. Erase & Eliminate Criminal Arrests
Attention individuals with criminal arrested from their pasts. Legally erase criminal arrests. 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.
Editorial Assistance provided by Nikhil Joshi, who attends The New Jersey Institute of Technology as a Graduate Student. Mr. Joshi obtained his Bachelor's Degree from the University of Washington and is currently participating in Kenneth Vercammen's Summer Internship Program.
