E630 Newsletter

E630 Vercammen Law News 1.  No hot pursuit into house for petty offense 2.   Sealing of Certain Marijuana or Hashish Records Pursuant to N.J.S.A. 2C:52-5.2 Directive 08-21 3.  Charity runs   1.  No hot pursuit into house for petty offense  Lange v. California 594 US __ (2021) The US Supreme Court ruled that hot pursuit of a person who has committed a petty offense (in this case, DWI) does not justify a categorical rule that will permit police to make a home entry into the suspect's residence without a search warrant  2  Sealing of Certain Marijuana or Hashish Records Pursuant to N.J.S.A. 2C:52-5.2 Directive 08-21 This Directive promulgates the process for sealing records from public access on order of the court at the time of sentencing for a criminal conviction or juvenile adjudication of certain marijuana or hashish offenses in accordance with the statutory amendments to N.J.S.A. 2C:52-5.2, and the marijuana decriminalization laws enacted by L. 2021, c. 19. Additionally, Attorney General Law Enforcement Directive #2021-1, “Directive Governing Dismissals of Certain Pending Marijuana Charges” (issued February 22, 2021), instructs prosecutors to seek dismissal of certain pending marijuana-related charges against either a juvenile or an adult where the conduct occurred on or before February 22, 2021.  The court at the time of sentencing shall order the records of the courts, probation services, and law enforcement agencies to be sealed from the public for a criminal conviction or juvenile adjudication that solely includes the following offense(s):  • N.J.S.A. 2C:35-5(b)(12)(b)1 – distribution of marijuana in a quantity of one ounce or less or hashish in a quantity of five grams or less; or  •      N.J.S.A. 2C:35-5(b)(12)(b) and a violation of N.J.S.A. 2C:35-7 on or within 1000 feet of school property and/or a violation of N.J.S.A. 2C:35- 7.1 on or within 500 feet of a public housing facility, public park, or public building; or  •     •      N.J.S.A. 2C:35-10(a)(3)(b) – possession of marijuana in a quantity of more than six ounces or hashish in a quantity of more than 17 grams.  This Directive also promulgates three revised forms and two new forms for use effective immediately Additionally, the Supreme Court has amended Rule 1:38-3 (“Court Records Excluded from Public Access”) and Rule 1:38-11 (“Sealing of Court Records”) by order dated February 5, 2021 to conform to the statutory requirements to seal these records from public access upon criminal conviction or juvenile adjudication.  System enhancements have been made in the Judiciary’s computerized systems to indicate the cases that have been ordered sealed from public access pursuant to N.J.S.A. 2C:52-5.2. Information concerning these modifications has been previously sent to Judiciary staff under separate cover. Modifications have also been made to remove information concerning sealed cases in the Public Safety Assessment (PSA) risk factors in accordance with N.J.S.A. 2C:52-5.2(d), which provides that these records shall not be considered whenever the Pretrial Services Program conducts a risk assessment on an eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision under N.J.S.A. 2A:162-15 et seq. Additionally, cases that have been ordered sealed pursuant to this statute will not be listed in the “Court History” section of the Presentence Investigation Report in accordance with N.J.S.A. 2C:52-5.2(d), which prohibits use of this information for sentencing purposes in any other case.  .. Operationally, the municipal courts have not been part of the comprehensive enforcement program (CEP). Currently, there is no provision in the system to move cases through the CEP and civil judgment process for municipal court matters. Therefore, the municipal courts will continue their current collection process for cases that are ordered sealed.  More info at https://www.njcourts.gov/attorneys/assets/directives/dir_08_21.pdf 3.   Charity runs 11/20  Manasquan Turkey Run  5-mile 11am party at Leggett’s and Salty Whale after race discount beer co-sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey https://runsignup.com/manasquanturkeyrun 11/21 RVRR  adventure run in Ireland Broad conservation area Sunday Nov 21, then Lory's Lakeside for a snack.  Running is Free to all https://www.facebook.com/events/522467588851675 11/26  Born to Run 5 mile Freehold 11am Friday after Thanksgiving great Freehold FARC event. A free beverage after the race. https://runsignup.com/Race/NJ/Freehold/BorntoRun5Mile 11/27 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH  Saturday 10:17 11/28  Navesink Challenge 15k & 5k  10am  10:10 for 5k Post race at Red Bank elks [Ken V runs 5k] December Charity Runs 12/4 - Jingle Bell 5k (Holmdel) Dec 5 mark mystery trail South B  then stop at Lorys Lakeside in for one cold one11am 12/15  Raritan Valley and sing Christmas songs in Highland Park. Song sheets to be provided. Wear Santa hats. 12/26 Asbury Polar Bear 5k Jan 8/2022  Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am  Start Location: Secret Mystery wooded area North Brunswick to be emailed to pre-registered. Only $20.00 via https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun ‌ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E629 Newsletter

E629 VercammenLaw News

1 What is an Expungement?  2 Help Wanted- Law Office envelope stuffing 3. Last Will seminars of the Year 4. Thank you our Fall 2021 Staff and Law Clerks 5. Videos added to YouTube every week

1.  What is an Expungement of a criminal charge?

An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred.   Sourcehttps://www.nj.gov/corrections/pdf/OTS/FRARA/ParoleHandbook/10557_expunge_kit-11-2012.pdf          There are two ways to have an expungement filed: The online system, or by paper motion      How to help your attorney File for an Order to Expunge Your Criminal and/or Juvenile Record  Locate Your Records  In order to prepare your expungement petition and prove your eligibility, you should provide your attorney with following information:  ·  The date of your arrest as an adult or when you were taken into custody as a juvenile.  ·  The statute(s) and the offense(s) for which you were arrested, taken into custody as a juvenile, convicted or adjudicated delinquent.  ·  The original indictment, accusation, summons, docket number, warrant number or complaint number. Include all, if more than one.  ·  The date of the disposition, which could be the date of the conviction or adjudication of delinquency, date of not guilty verdict or date of dismissal.  ·  The specific punishment or other disposition.  Request State Police Criminal History Record – Fingerprint Check  This step is only necessary if you do not already have your criminal/juvenile history information about your arrests, charges and dispositions.  In order to obtain your criminal/juvenile history record (also known as a rap sheet) from the New Jersey State Police you will need to be fingerprinted. The State Police use the electronic fingerprint scanning services of a private company, Sagem Morpho, Inc.   More info at https://www.state.nj.us/njsp/info/pdf/pdet/060308_fingerprintinstruct.pdf Note: The State Police will have a criminal/juvenile history only if you were fingerprinted when you were arrested. If you were not fingerprinted, and only a complaint was signed against you when you were arrested, you will still have a record with the police department and the court, but you will not have a record sheet within the Division of State Police, State Bureau of Investigation.  Additional information about obtaining criminal/juvenile history record checks can also be obtained from the FBI contacts called channelers. https://www.fbi.gov/services/cjis/identity-history-summary-checks/list-of-fbi-approved-channelers-for-departmental-order-submissions more info at  https://www.nj.gov/corrections/pdf/OTS/FRARA/ParoleHandbook/10557_expunge_kit-11-2012.pdf    Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services What we will do: -Telephone consultation with client;  -Office consultation with client; -Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure; -Review documents supplied by client and court; -Review of necessary statutes and case law; -Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD    PURSUANT TO N.J.S.A. 2C:52-6(a)          - Preparation of other documents required by the court           - Preparation of proposed ORDER FOR EXPUNGEMENT We file with Superior Court Expungement Unit- Petition and supporting documents Email Client with filed Petition  Follow up Court Order for hearing (takes approx 60 days) Expungement Services to Remove Bill     Misc phone calls to and from client -Call Superior Court Expungement Unit to confirm   If Expungement granted and receipt of signed Order for Expungement,           Preparation of letter with signed Order for Expungement to Client           The Court will send by email to -NJ Attorney General                             Department of Law & Public Safety          NJ Superintendent of State Police          - County Prosecutor;          -   Chief of Police;          -   Municipal Court Administrator; and any other public entity requested by the court.           -Any other government entity requested by the defense attorney Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies. Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire.

2 HELP WANTED- Law Office envelope stuffing,  misc. clerk duties Nov 7- Dec 10, maybe more

3-4 hours per day  Monday- Friday     Person picks days and times          $12.00 per hour  OTHER DUTIES -Adding client names to computer database, prepare letters, and work on client traffic ticket matters. - Preparation of documents on Computer and mail to courts -Telephone Answering -General Office duties in Law Office  -Update mailing/ client lists and learn marketing          A good way to learn law office procedures          Email or Call Law Office of Kenneth Vercammen & Associates   732-572-0500

3. Last Will seminars of the Year November 9, 2021 Piscataway Public Library Estate Planning and Probate 2021 at 6:30pm free Zoom program open to the public Link for Registration https://piscatawaylibrary.org/joinus/ more info: https://piscatawaylibrary.org Nov 16 South Brunswick Library 7pm Estate Planning and Probate at  Library, free Zoom program open to the public Please join the South Brunswick Library for a Virtual Presentation of this legal workshop.  Register below to be sent an invitation for the Zoom To register, go to https://sbpl.libnet.info/event/5531704 4. Thank you our Fall 2021 Staff and Law Clerks Andrei Pilipetskii St. John’s Law School grad Amanda Edwards Rutgers U Grad Alyssa Schmidt Desales U Mary Saldanha Stetson Law grad Zach Valbrun NJIT Gabriel Sampson FDU Sarika Akula JP Stevens Meghana Madhav JP Stevens Ben Carr Rutgers   5. Videos added to YouTube every week https://www.youtube.com/channel/UCKn28aj7Ka9tM9hFrhrdRKw http://www.youtube.com/user/kvercammen ‌ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E628 Newsletter

 

E628 VercammenLaw News 1.  Police can’t audiotape prisoner phone calls without written notice State v. McQueen 2.  Miranda not complied with on 2nd interrogation State v Dorff 3.  Library free Will seminars November 9, 2021 Piscataway Public Library 4.  Nov 16 South Brunswick Library 7pm 5.  Legal seminars for attorneys: Expungement Developments October 21, 2021 6.  October 25, 2021  Handling Drug, DWI and Serious Cases in Municipal Court Seminar    1. Recent cases Police can’t audiotape prisoner phone calls without written notice State v. McQueen The right of privacy, and particularly privacy in one’s telephone conversations, is among the most valued of all rights in a civilized society. McQueen’s custodial status in the stationhouse did not strip him of all constitutional protections. Article I, Paragraph 7 broadly protects the privacy of telephone conversations in many different settings. McQueen and Allen-Brewer had a reasonable expectation of privacy in their conversation in the absence of fair notice that their conversation would be monitored or recorded. The recorded stationhouse telephone conversation was not seized pursuant to a warrant or any justifiable exigency and therefore must be suppressed. A-11-20 2. Miranda not complied with on 2nd interrogation State v Dorff In this appeal the court held that defendant's Fifth Amendment right to counsel was violated during a stationhouse interrogation, reversing the trial court order denying defendant's suppression motion. Detectives at the outset of the interrogation advised defendant of her rights under Miranda v. Arizona, 384 U.S. 436 (1966). During the interrogation, defendant made several references to her need to speak with an attorney. The court held that defendant's statement, "[that's why I feel I might need a lawyer," was sufficient to invoke her right to counsel. A detective then commented, "[w]ell, I mean that's a decision you need to make. . . . But if you didn't do anything [wrong], you certainly don't need to have [an attorney]." Defendant immediately responded that she felt she had not done anything wrong and elected to continue with the interrogation. She eventually made an inculpatory admission. The court ruled the detective's brief, spontaneous comment undercut the Miranda warnings and impermissibly burdened the Fifth Amendment right to counsel. By suggesting in effect that innocent persons do not need an attorney, the detective implied that a request to terminate the interrogation to speak with counsel would evince a consciousness of guilt, thereby discouraging the assertion of the right to counsel. The court emphasized the State bears the burden to show scrupulous compliance with Miranda, adding that there is no "good faith" exception to the Miranda rule. Rather, the court held, a Miranda violation such as the one that occurred in this case triggers the exclusionary rule whether it was intentional or inadvertent. A-2485-19) 3.Library free Will seminars November 9, 2021 Piscataway Public Library Estate Planning and Probate 2021 at 6:30pm free Zoom program open to the public Link for Registration https://piscatawaylibrary.org/joinus/ more info: https://piscatawaylibrary.org 4. Nov 16 South Brunswick Library 7pm Estate Planning and Probate at  Library, free Zoom program open to the public Please join the South Brunswick Library for a Virtual Presentation of this legal workshop.  Register below to be sent an invitation for the Zoom To register, go to https://sbpl.libnet.info/event/5531704 5. Legal seminars for attorneys: New Jersey Expungement Developments: Getting into the Weeds to Seal Client Criminal Records  October 21, 2021 Thursday, 12:00 pm until 2:00 pm  Virtual Meeting  Speakers: Kenneth Vercammen, Esq. Allan Marain, Esq. Conner Ouellette, Esq. Assistant Prosecutor - MCPO Moderator: John E. Hogan, Esq. The seminar will focus on: The NJ Courts Expungement Portal Essential Eligibility Considerations and Client Records Traditional Expungements Expedited vs. Early Pathway Expungement of Marijuana Offenses Clean Slate Case law updates, the SBI Review, and Expungement Confirmation The Expungement Effect and When Not to Expunge       Cost: $25-MCBA Members; $50-Non-Attorney Members; Free-Law Clerks  (Law School Students, Paralegals & Legal Secretaries are Free.)   ToRSVP: https://www.mcbalaw.com/events/EventDetails.aspx?id=1540891&group=   This program has been approved by the BCLE of the Supreme Court of NJ for 2 hours of total CLE credit. Of these 2 credits qualify for certification in criminal and municipal court law. The program also meets Regulation 201:2 for newly admitted attorneys. (Recognized for NY CLE Credit Contact: Jonathan Cowles jcowles@mcbalaw.com 732.828.3433, x. 102 https://www.mcbalaw.com/events/register.aspx?id=1540891&itemid=22861a62-ff61-4ded-ac24-6626a9a776c         The Middlesex County Bar Association (MCBA) is a professional association committed to serving the Middlesex County legal community and the general public. The MCBA seeks to enhance member satisfaction by providing a variety of services that stimulate professional growth and personal contacts, assist in the practice of law and provide opportunity for meaningful public service.  CONTACT 87 Bayard Street New Brunswick, NJ 08901 Tel: 732.828.3433 https://www.facebook.com/events/3053930388197482 Handling Drug, DWI and Serious Cases in Municipal Court Seminar   October 25, 2021  3pm-6:35 Virtual seminar via Zoom      Speakers:  Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge) Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown & others Kenneth A. Vercammen, Esq.,  past Municipal Court Attorney of the Year John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section  -Decriminalization of pot -New DWI penalties --New Expungement Law -Can new Dwi law apply to older dwi charges Free for law students based on space available. For lawyers  $150- $190 tuition depending on NJSBA membership   NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar  (732) 214-8500 · CustomerService@njsba.com Seminar  WMCP150721 https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=66169300 ‌ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison