2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, May 19, 2011

E368 1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car. 2. If Defendant had Prior CD, can't get PTI. 3.

NJ Laws Email Newsletter E368
Kenneth Vercammen, Attorney at Law

May 18, 2011

Office Phone Number:

(732) 572-0500


In This Issue:

1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.

2. If Defendant had Prior CD, can't get PTI.

3. Reflections on Memorial Day .

4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.

1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car. State v Shannon _____ NJ Super. ______ (App. Div. 2011) A-2549-08T4.

The court reversed defendant's conviction of possession of cocaine, finding his motion to suppress the cocaine found in a warrant-less search of his Jeep should have been granted. The search was not incident to arrest, did not occur late at night, the stop was in a residential area, and four Asbury Park Police Officers were at the scene with defendant, who was alone. The court found no exigency existed pursuant to State v. Pena-Flores, 198 N.J. 6 (2009).

2. If Defendant had Prior CD, can't get PTI. State v O'Brien ____ NJ Super. ______ (App. Div. 2011) A-4190-09T2

The question presented is whether a defendant who previously received supervisory treatment under the conditional discharge statute, N.J.S.A. 2C:36A-1, and who later applied for and obtained an order vacating the conditional discharge, may thereafter be admitted into PTI. The court answer the question in the negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28, Guideline 3(g) prohibit any person previously placed into supervisory treatment under the conditional discharge statute from subsequent admission into PTI, whether the conditional discharge is later vacated or not.

3. Reflections on Memorial Day

Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.

We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.

"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000

On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.

Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW 2002 Memorial Day address


4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help

Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.

If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.

Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court, Introductory DWI

Monday, May 23, 2011

5:30 PM to 9:00 PM

Brunswick Hilton, East Brunswick

This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court.

An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that police, attorneys, prosecutors and court staff 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.

Sponsor: NJ Institute for Continuing Legal Education 732-214-8500

Cost: $189.00 includes dinner, CD with forms and 400+ page book

Other information:

Speakers include:


Past Chair, NJSBA Municipal Court Section

Past GP Solo Section Attorney of the Year

2006 NJSBA Municipal Court Practitioner of the Year

Hon. E Ronald Wright

Chief Judge, New Brunswick, North Brunswick


Former Municipal Prosecutor (Spotswood, East Brunswick and for the SPCA)

Editorial Assistance provided Ashley Kolata. Ms. Kolata currently attends Rutgers School of Law, Newark. She will be entering her second year and is currently participating in our Kenneth Vercammen's summer internship program.

Editor's Note and Disclaimer:

All materials Copyright 2011. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.



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