NJ LAWS NEWSLETTER E464
Kenneth Vercammen, Attorney at Law
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E464
1. Recent Cases: Expungement of Single Judgment Encompassing Multiple Crimes Denied.
2. Hearsay at Rule 104 hearing not admission at trial for confession to driving.
3. Calendar of Events
4. New YouTube educational videos
Recent Cases:
1. Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B. 436 NJ Super. 48 (App. Div. 2014).
The court held
that expungement is not permitted by N.J.S.A. 2C:52-2(a), which allows
expungement for a person convicted of "a crime," where the petitioner
had pleaded guilty to multiple briberies over the course of two days
even though those crimes had a single purpose and even though they were
memorialized in a single judgment of a conviction.
2. Hearsay at Rule 104 hearing not admission at trial for confession to driving. State v. Harvey (App. Div. Decided September 9, 2014)A-2921-12T1 Unreported.
Following trial
de novo on the record of the Northfield Municipal Court, the Law
Division judge found defendant guilty of driving while intoxicated and
sentenced him as a third-time offender. The appellate panel finds that
the procedure employed in the Law Division violated defendant's rights
to procedural due process and fundamental fairness. There was no basis
for a 104 hearing on this record. Defendant was not seeking to suppress
his statements to the arresting officer, nor did he assert that the
officer lacked probable cause to arrest him for driving under the
influence. The officer testified at the 104 hearing that he was
dispatched to a doctor's office in response to a call stating that
defendant appeared intoxicated and was "gonna drive home." Defendant
made no objection to that testimony, which was not relevant to the issue
before the municipal court, namely, whether defendant drank en route to
the doctor's office or after he parked the pick-up truck in the parking
lot. That testimony, however, became relevant when the State advanced
its alternate theory of operation before the Law Division and the judge
relied on it in finding that the State proved defendant's intent to
drive away from the doctor's office. The testimony was hearsay. The
Law Division judge rejected defendant's attempt to counter those proofs
with the truncated testimony in the municipal court that he had arranged
for someone else to drive him home and his offer to have that person
testify in the Law Division. Because the Law Division determined that
there was insufficient evidence to convict defendant under the only
theory properly before it, namely that defendant drank en route to his
doctor's appointment, that ruling was an adjudication on the merits of
the charge entitling defendant to an acquittal. The panel reverses
defendant's conviction and remands to the Law Division for entry of a
judgment of acquittal. Source Daily Briefing - 9/10/2014
3. Calendar of Events
Friday, March 13, 2015
Happy Hour & Networking Social
5:00PM - 7:00PM
Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social
Friday, March 13, 2015
5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
Please bring a canned food donation for a community food bank,
continuing to provide food and help to individuals in need.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com
3/15/15 St. Paddy's 10 miler & 5k 9:30 Freehold Keg of beer and some food great FARC event keg is outside.
Edison Library
Wills, Estate Planning & Probate Seminar
March 24, 2015 at 7pm Free community program
340 Plainfield Ave.
Edison, NJ 08817
WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
(Author- Answers to Questions About Probate)
The NJ
Probate Law made a number of substantial changes in Probate and the
administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2015 changes in Federal Estate and Gift Tax
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Questions and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about
Probate" and Administration of an Estate, Power of Attorney, Living
Wills, Real Estate Sales for Seniors, and Trusts.
To register go to http://www.edisonpubliclibrary.net/index-ek.shtml
Municipal Court College
March 30, 2015 Monday
5:30pm-9pm
New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
Law students can attend for free [dinner, book, CD not included.] email to customerservice@njicle.com
or call Customer Service at 732.214.8500
A guide to handling Municipal Court matters.
This information-packed program is designed for attorneys and those
involved in Municipal courts, such as Prosecutors, Police Judges and
Court staff.
Speakers: Kenneth Vercammen Esq. Past Chair Municipal Court Section
John Menzel Esq.
Josh Reinitz, Esq.
Tara Auciello Edison Prosecutor
Norma Murgado Elizabeth & Woodbridge Prosecutor
Call : (732)214-8500 Seminar # S96200S5
Sponsor: NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar Association
4. New YouTube Educational Videos
We have
discontinued our WCTC radio show since WCTC was charging us a $+500 per
week recording fee. Instead we are recording short 2-4 minute education
videos on Youtube as part of this weekly email newsletter.
Expungement of Criminal Charges
Evicting Tenants
Snow/Ice Fall Downs
More at:
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Editor's Note and Disclaimer:
All
materials Copyright 2015. 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
