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.
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.
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 casesPolice 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
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
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
1.Sopranos stars Vinnie Pastore “Big Pussy”, Federico Castelluccio aka Furio Giunta and Gangster Squad Band at Edison Elks Sept 25, 2021
2.Member of LLC can’t be charged with ordinance violation State v Ehrman
4.Library free Will seminars
1.Sopranos star Vinnie Pastore “Big Pussy”, Federico Castelluccio aka Furio Giunta and Gangster Squad Band at Edison Elks Sep 25, 2021
7:00 PM, $25 per person
Edison Elks 2487
375 Old Post Road
Edison NJ 08817-4653
Tickets on sale at the Lodge
Open to public, fundraiser for charitable events
2. Member of LLC can’t be charged with ordinance violation
State v Ehrman
Defendant challenged numerous complaint-summonses issued in municipal court by the Jersey City Department of Housing, Economic Development and Commerce for municipal violations involving rental properties owned by various limited liability companies (LLCs) of which defendant was a member. In one appeal, defendant challenged an interlocutory order denying his motion to dismiss twenty-five complaint-summonses issued to him individually and granting the State's cross-motion to amend the complaints to name the LLC that was the record owner instead of him. In the other appeal, defendant challenged the order finding the LLC that was the record owner of the property guilty of violating a municipal ordinance following a trial de novo in the Law Division notwithstanding the fact that the LLC made no appearance through counsel and neither the municipal court nor the trial court inquired on the record to ascertain whether there was a knowing and voluntary waiver before proceeding with the trial.
The court reversed and remanded for entry of an order of dismissal without prejudice of the twenty-five complaint-summonses because they were issued to the wrong defendant and therefore fatally defective and both the municipal court and trial court erroneously relied on a Part IV rule governing civil practice to grant the State's cross-motion to amend. The court also reversed the finding of guilt of the LLC and remanded for a new trial because the absence of an appearance through counsel or a clear waiver of such in a quasi-criminal municipal court prosecution constitutes a violation of constitutional dimension requiring reversal. (A-4144-19/A-4447-19
3. Expungements 2021
There are recent Supreme Court directives dealing with expungement. However, don’t assume the local police and local court’s will correctly expunge someone’s past marijuana charges. Hire a real attorney with some experience to obtain a formal court Expungement Order. Details on expungement at
4. Library free Will seminars
September 27, 6 pm West Windsor Mercer County Library Wills, Probate & Estate Planning 2021 Update Virtual Program GotoMeeting Open to the public, you don't have to be a Mercer resident to attend. However, registration is required via www.mcl.org. Estate administration can be very complex, and having some information before you begin can help you through the process.
Registrants will receive an email link for the GoToMeeting session 24 hours before the event. Free to Register