2.Sealing of Certain Marijuana or Hashish Records Pursuant to N.J.S.A. 2C:52-5.2 Directive 08-21
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.
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
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