2. Season's Greetings Worldwide
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
KALA XRISTOUGENNA! Greek
FROHE WEIHNACHTEN
Feliz Navidad y próspero Año Nuevo
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE KERSTDAGEN
BUON NATALE
HYVÄÄ JOULUA
My favorite: Singing Yellow Lab puppies like Lexi dog
Caroling Canines!
We hope you have enjoyed the NJ Laws Newsletter, produced by Law Office. We spend hundreds of hours each year researching relevant cases, new laws and creating website articles for our clients and readers. We mailed to clients our 2018 American Flag calendar.
After December 27 we will have some additional American Flag calendars available. If you would like additional copies to give to friends, family or co-workers, stop in our office. Share the Flag and support the USA- America is #1.
3. Expungement of Arrests Not Resulting in Conviction (N.J.S.A. 2C: 52-6) Usually Expungement of criminal charges that are dismissed at first appearance.
The new law sets forth procedures to expunge all records and information of an arrest or charge when a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation, where the proceedings were dismissed; the person was acquitted, or the person was discharged without a conviction or finding of guilt in Municipal Court or Superior Court. Regardless of whether the proceedings were in Municipal Court or Superior Court, no fee will be charged for these expungements on or after April 18, 2016.
An expungement under this amendment to the statute shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargain agreement involving the conviction for other charges. This bar does not apply once the conviction is itself expunged. See N.J.S.A. 2C: 52-6a(3). ·
It should be noted that the law did not amend the expungement procedures for persons who have had charges dismissed pursuant to the Pretrial Intervention (PTI) program, a conditional discharge (N.J.S.A. 2C: 36A-1), or Conditional Dismissal program (N.J.S.A.2C: 43-13.1 et al.). Such petitions shall be barred from expungement until six months after entry of the order of dismissal. There will be no fee for these expungements. See N.J.S.A. 2C: 52-6c.
A. Dismissal, Acquittal, or Discharge without a Conviction or Finding of Guilt on or after April18, 2016
1. Municipal Court Proceedings dismissal
Where the proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt on or after April 18, 2016 in Municipal Court, that court must provide the person, upon request, with appropriate documentation to be transmitted to the Superior Court to request an expungement. See N.J.S.A. 2C: 52-6a(1). Upon receipt of the Application and accompanying Expungement Order, Criminal Division staff will assign an expungement reference number to the Order and calendar the matter within 14 days for signature of the ex parte order by the Superior Court judge designated to handle expungements.
2. Superior Court Proceedings dismissal
Where the proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt on or after April 18, 2016 in the Superior Court, that court must, upon application by the person, order the expungement of all records relating to the arrest or charge at the time of the dismissal, acquittal, or discharge. See N.J.S.A. 2C: 52-6a.
The provisions of N.J.S.A. 2C: 52-7 through N.J.S.A. 2C: 52-14 (i.e., verified petition, service, and denial) do not apply. The form Expungement Order (Form C) in the prose expungement packet should be utilized. This order should be made readily available in the Criminal Division to ensure that defense counsel or the person can submit it at the time of the dismissal, acquittal, or discharge without a conviction or finding of guilt. Once the judge who presided over the proceedings has signed the order, it should be assigned an expungement reference number by Criminal Division staff.
3. Approval of the Expungement
If granted, a copy of the signed Expungement Order shall be forwarded by the Superior Court to the prosecutor and, if applicable, to the appropriate Municipal Court. The prosecutor must promptly distribute copies of the Expungement Order to the appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order. See N.J.S.A. 2C: 52-6a(4).
B. Dismissal, Acquittal, or Discharge without a Conviction or Finding of Guilt prior to April18, 2016
A person who did not apply for the expungement of an arrest or charge not resulting in a conviction, at the time of the dismissal, acquittal, or discharge, may present, at any time following the disposition of the proceedings, a duly verified petition as provided in N.J.S.A. 2C: 52-7, in the Superior Court in the county in which the disposition occurred. These applications should be assigned to the Superior Court judge designated to handle expungements. Information on filing an expungement petition is included in the prose expungement packet.
4. Fun Upcoming Running Races & Charity Events Selected by Kenneth Vercammen
December 2, Big Chill 5k Rutgers New Brunswick
9:05 Bring an unwrapped toy for a child
Lazy Lightning Dead Cover Band
6 PM · Cranford Elks
December 3, Edison Elks breakfast 8:30-10:30 - All you can eat.
December 3, Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ
December 4, Monday at 6 PM - 8 PM Excellence in CLE Awards Reception
Location: New Jersey Law Center
1 Constitution Sq. New Brunswick, NJ 08901$35.00
About The Excellence in CLE Awards Reception:
A reception honoring the volunteers who generously give their time to speak, organize and help make NJICLE the state's leading CLE provider.
December 5, Young Lawyers Annual Holiday Brew Ho-Ho at 6 PM - 8 PM
Co-sponsored by NJSBA Young Lawyers Division and New Jersey Defense Association [founded by Ken V at Wurlitzers]
Fox & Hound Pub and Grill, Edison Menlo Mall
$25 - MCBA|NJSBA|NJDA Young Lawyers
$35 - MCBA|NJSBA|NJDA Members
December 7 South Plainfield Public Library
Wills, Estate Planning & Probate Seminar
at 7pm at 7:00pm
Free community program, you do not need to be a resident to attend
South Plainfield Public Library, 2484 Plainfield Avenue, South Plainfield, NJ 07080
December 9, St. Paul 5k at North Brunswick Community Park off Rt 130 9am
to benefit St. Paul Milltown
December 13, Municipal Court Practice, Immigration Law and Criminal Law Section
Joint Holiday Party after the CLE Seminar
December 13, 201; 7 5:00 PM - 8:00 PM
Come attend the 5 p.m. CLE Seminar Title: Crimes, DP's and Immigration For Municipal Court Practitioners...
6 p.m. Holiday Party
New Jersey Law Center, 1 Constitution Sq. New Brunswick, NJ 08901
December 16, Young Lawyers Symposium
New Jersey Law Center, 1 Constitution Sq. New Brunswick, NJ 08901
9:00 AM - 4:00 PM ET
9:00, Welcome from the YLD CLE Chair, Jonas Seigel, Esq.
9:05, Breakout Sessions
1. Marketing and self-improvement
You can't practice law if you don't have clients. Join some successful
attorney/marketers and rainmakers as they discuss the secrets of self-promotion & some proven ways to bring in business.
Speakers: Deborah Tesser; Kenneth A. Vercammen, Esq.;
Elise R. Holtzman, JD, PCC
December 20, Raritan Valley Pub crawl New Brunswick, NJ
December 24, Christmas Eve Mass Our Lady of Peace Church North Brunswick 5:30
Thank you to our office of counsel attorneys Jolene Steele Esq. and Paul Kim Esq. who help provide excellent client service.
Thank you David Spevack, Esq. Prosecutor - Edison, Woodbridge Carteret for speaking at the seminar Review of the Major Municipal Court Cases 2016-2017 Middlesex County Bar Association.
