2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, November 23, 2021

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.  

         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 

   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
more info:

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

Thursday, October 28, 2021

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
more info:

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.)
 
 
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
732.828.3433, x. 102
        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

 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

Tuesday, October 12, 2021

E627 Newsletter

 

E627 VercammenLaw News
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
3.  Expungements 2021
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
(732) 985-2487
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 
http://www.njlaws.com/expungement.html
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 

Oct. 19 Spotswood Public Library
Tuesday, 11 am 
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY
Free Zoom program open to the public, you do not need to be a Township resident to attend

SPEAKERS: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
 and  Heather Antonuccio, Deputy Surrogate Of Middlesex County

November 9, 2021 Piscataway Public Library Estate Planning and Probate 2021 at 6:30pm free Zoom program open to the public
more info:

Nov 16 7pm South Brunswick Estate Planning and Probate at  Library Zoom 
5 Running Races for Charity  
Sept 25, 2021 Semper Fi Seaside 5k

10/2 Shillelagh Belmar 5K from Bar Anticipation

October 3 - Little Silver 5k   
 
Sat 10/09/21 5k Myrtle Beach
Sun 10/17/21 Shrewsbury 5k Classic 9am https://www.raceforum.com/shrewsbury-5k
Oct 24, 2021 East Brunswick 12k & 5k  9am RVRR start EB Community Arts Center 721 Cranbury Rd. East Brunswick  a well-run RVRR event post-race we may go to Lori’s Lakeside on Farrington Lake, North Brunswick https://runsignup.com/Race/NJ/EastBrunswick/EastBrunswickRoadRaces