E701 VercammenLaw News

1. Recent cases: Juvenile out of state could request virtual hearing

2 Saying “I just need my lawyer right here “ invoked right to counsel

3 Recent YouTube videos to educate the public

4. Municipal Court 101 Seminar 2024 Wednesday, May 15

5 Photo: Daniel E. Rosner

1. Recent cases: Juvenile out of state could request virtual hearing State in the Interest of T.W.

Juvenile appealed the denial of her request to appear virtually at her trial. Juvenile was charged with offenses, that if committed by an adult, would constitute third-degree invasion of privacy and disorderly-persons harassment. Prior to the filing of the complaint, juvenile and her mother moved to South Carolina. Juvenile and mother appeared by telephone at the pretrial conference. Juvenile's counsel filed a motion to allow juvenile to appear at trial virtually asserting that appearing in person would be a financial hardship and mother did not have money to fund the travel.

Trial court distinguished juvenile's case from Pathri v. Kakarlamath, 462 N.J. Super. 208, expressed concerns about impact of her non-appearance on her Sixth Amendment rights and denied the motion. Juvenile argued trial court abused its discretion and the Oct. 22, 2022 "The Future of Court Operations - Updated to In-Person and Virtual Court Events" order specifically provided for the type of relief she sought. She also asserted trial court's denial of her motion violated her constitutional right to be present at her trial. State argued public defender was obligated to provide juvenile and her mother with travel costs. Court reversed and remanded. Court was confident of trial court's ability to safeguard juvenile's constitutional rights and ensure confidentiality using available technologies and established court procedures for virtual proceedings. State's refusal to consent to a virtual appearance was unreasonable. A-1698-22 Unreported Source Daily Briefing 2023-09-19

2 Saying “I just need my lawyer right here “ invoked right to counsel State v. McClean

Defendant appealed his jury conviction of felony murder and related crimes arising from an armed robbery. Police identified defendant as a suspect in an armed robbery that resulted in a shooting death. Defendant was arrested and shortly after the interview with police began, defendant asked, three times in quick succession, that his attorney be called. He then indicated, "I just need my lawyer right here." Detectives clarified that defendant wanted a lawyer present, and defendant repeatedly indicated that he did. A detective then explained that the interview was concluded, defendant would be taken to the jail for processing, and he would have an opportunity to see his attorney at his arraignment. Defendant then requested that the interview continue, and he told the detectives that he did not want his attorney present. Defendant eventually admitted to the armed robbery. Trial court denied defendant's pretrial motion to suppress his statement, rejecting defendant's argument that police failed to honor his invocation of the right to counsel. Upon trial, the jury convicted defendant of armed robbery, murder, and firearms crimes. Defendant appealed.

Court reversed and remanded for a new trial. Court concluded defendant unequivocally invoked his right to counsel by asking that his attorney be called and stating, "I just need my lawyer right here." There was no need for additional inquiries, but detectives made three additional inquiries nonetheless. The attempts to clarify defendant's statements, after he repeatedly stated that he wanted counsel, impermissibly disregarded defendant's assertion of rights. The interrogation did not fully cease after defendant invoked his right to counsel, which in turn meant that he did not initiate a new interaction with police when he changed course and said he would talk without his attorney present. Defendant's purported waiver of his right to counsel therefore was not voluntary. A-0520-19 Unreported Source Daily Briefing 2023-09-18

3.Recent YouTube videos to educate the public

DWI penalty 2nd offense

https://youtu.be/Wxay5t0H_KI?si=xPOIoGkhNnjB278V

Scientific Reliability of Alcotest machine

https://youtu.be/6wlTpCT6FUY

Supreme Court permits DWI plea

https://youtu.be/REGHsUXpbN0

Trial court should have carefully watched video where police did not wait for search https://youtu.be/oF5B9EwgIKg

Metlife Legal Plan covers Wills

https://youtu.be/sdRt2ACea4s

Legalease Legal Plan covers Wills

https://youtu.be/aFIksuoP5BA?si=HmA-_NaT2NmbxQe8