2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, October 02, 2018

E549 1. New Expungement Law takes effect October 1, 2018 to expunge criminal arrests and convictions 2 . No weekend jail for third offender DWIs, must serve straight jail time 3. Plain feel of bulge of rock cocaine permitted search

1. New Expungement Law takes effect October 1, 2018 to expunge criminal arrests and convictions

2 . No weekend jail for third offender DWIs, must serve straight jail time
3. Plain feel of bulge of rock cocaine permitted search

1. New Expungement Law takes effect October 1, 2018 to expunge criminal arrests and convictions
By Kenneth Vercammen 
     This law revises procedures for attorneys expunging criminal and other records and information, including the shortening of certain waiting periods before a person may seek an expungement and increasing the number of convictions, which may be expunged.

     For single indictable crimes [felony type] the waiting period has been reduced from ten years to six year
-  The person is eligible after Six years have passed with respect to all aspects of satisfying the most recent conviction (six years from the date of conviction, payment of fine, satisfactory completion of probation or parole, and release from incarceration)

       These laws take effect on October 1, 2018. Here are some highlights of the new law:
·      The waiting period before a criminal conviction can be expunged is lowered from ten years to six years. In some cases, that six-year wait can be lowered to five years, just as before. (The waiting period before disorderly persons convictions can be expunged remains unchanged);
 source https://www.njexpungements.com/newLaw.php
·      Previously, the number of disorderly persons or petty disorderly persons convictions that could be expunged was three. That number, assuming no independent criminal convictions, is increased to four. Convictions for multiple interdependent or closely-related-in-circumstances disorderly persons or petty disorderly persons offenses occurring within a short period of time can be treated as a single conviction;
·      Previously, criminal convictions could be expunged if there were not more than two additional disorderly persons or petty disorderly persons convictions. The new law raises that limit of additional disorderly persons or petty disorderly persons convictions (or any combination thereof) from two to three;
·      Previously, no conviction could be expunged if the applicant has had one or more criminal charges dismissed as a result of successful completion of a diversion. The new law eliminates that bar;
·      When juvenile adjudications can be expunged, the waiting time is lowered from five years to three years.
Previously the limit on the number of criminal episodes that could be expunged was one. That limit remains one, but is relaxed in some situations. Here are the situations:
·      All criminal convictions for which expungements are sought are listed in a single judgment of conviction;
·      All of the convictions related to crimes that were “interdependent” or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time.

     The official designation of the new law is P.L.2017, chapter 244. Chapter 244 changes eight separate statutes.

There is a different 5 year waiting early pathway expungement [You almost must prove you have been an eagle scout] The difficult early pathway to expunge a single indictable crime stays at five years, and remains expensive and many prosecutor offices require the petitioner to pay for a typed court transcript of guilty plea and sentencing. The early pathway expungement permits the court to grant expungement after five years, if the court finds that expungement would be "in the public interest." N.J.S.A. 2C: 52-2(a)(2) 

2.No weekend jail for third offender DWIs, must serve straight jail time State v. Anicama
Defendant was convicted of a third or subsequent offense of driving while intoxicated (DWI). The Municipal Court allowed him to serve the mandatory 180-day sentence under N.J.S.A. 39:4-50(a)(3) two days per week. The Law Division reversed.
The Appellate Division holds a third or subsequent DWI offender is ineligible for periodic service. Michael's Law amended the DWI statutes to require the 180-day sentence be spent in jail, excepting only up to ninety days spent in inpatient drug or alcohol rehabilitation, and to preclude other options. The amendment to N.J.S.A. 39:4-51 was intended only to bar work release for such offenders, not to lift the prohibition on their release before the jail term had been served. The specific law governing DWI sentences governs over the general provision for periodic service in N.J.S.A. 2B:12-22. The court disapproves State v. Grabowski, 388 N.J. Super. 431 (Law Div. 2006), which permitted such periodic service.   (A-0452-16T4)

3 Plain feel of bulge of rock cocaine permitted search
State v Evans
The panel erred in its application of the “plain feel” doctrine. Officer Laboy had witnessed “hundreds” of instances where defendants concealed contraband in the front of their pants and therefore immediately recognized the “rocklike” substance he felt to be similar to crack cocaine. Between the officer’s experience-derived identification of the substance and the presence of $2000 in cash, the “plain feel” exception -- which the Court adopts -- applied.  (A-85/86-16;

4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar
October 1, 2018 5:30PM-9:05PM
NJ Law Center, New Brunswick, NJ
     New topics:
-New Alcotest breath machine Alcotest 9510 50 adopted for us by NJ Attorney General N.J.R. 1818(c)- 
    -Prosecutors given discretion in pot cash Attorney General Memo on Guidance Regarding Municipal Prosecutors' Discretion in Prosecuting Marijuana and Other Criminal Offenses 
Gurbir S. Grewal, Attorney General 
-State v Cassidy pending before Supreme Court on State Police not complying with DWI Alcotest requirements of State v Chun

Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown
John Menzel, Esq., Past Chair, NJSBA Municipal Court Practice Section
William Brigiani, Esq. Past Middlesex Bar President
     This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in municipal court.  
NJICLE, A Division of the NJSBA NJ State Bar
One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500  CustomerService@njsba.com

5. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties
Monday-Friday   October 10-December 20
start 8:55am 1:30
$10.00 per hour
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
-Telephone Answering
- Preparation of documents on Computer and mail to courts
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on litigation cases
 Must be dependable and committed to perfection. 
     A good way to learn NJ Law Office procedures
Call Law Office of Kenneth Vercammen & Associates 
at 732-572-0500
Check out our website at www.njlaws.com to see more information on our law office.

6. Edison Library
New NJ Estate Tax Law, Wills, & Estate Seminar 
October 2, 2018 at 7pm  Free community program
  Edison Library Main Branch 340 Plainfield Ave. Edison, NJ 08817  

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                 Author- Wills & Estate Administration ABA
     The January 1, 2018 New Estate Tax law changes administration of estates and trusts in New Jersey. 
Main Topics:
 1. NJ Estate Tax eliminated for 2018 & NJ Veterans Tax exemption of up to $3,000
2. The 2018 changes in Federal Estate and Gift Tax  
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys
5.  Living Will              
6.  Administering the Estate/ Probate/Surrogate
7. Avoiding unnecessary expenses
      You do not need to be an Edison resident to attend.
       COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.  
For info call 732-287-2298 x 228
To register go to http://www.edisonpubliclibrary.net/index-ek.shtml
Facebookhttps://www.facebook.com/events/247992682678647  Office space for rent   
700 Sq. Ft. of Professional Space for rent with off street parking.  This building was just remodeled with a new floor, freshly painted walls, new upgraded heat & air conditioning as well as recess lighting and a new bathroom as well.  Your clients will be impressed with your new space! $2000 per month.  

7. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen
10/7, The Valerie Fund 5K Run Long Branch, New Jersey 10am Wakefern Shoprite co-sponsor
10/13, Shillelagh 5K, Bar A, Lake Como, New Jersey 9:30
10/13 Hash At The Jersey Shore! Saturday 10:17 Hash Run at the Oak Tree Lodge - Wall, N.J   5.2 miles from Bar A
10/13 Race Against Hunger 5k Roosevelt Park 9am
10/14 East Brunswick 5k & 10k   10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event     post race we go to Lago or Lori's Lakeside on Farrington Lake, North Brunswick

     If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.comOften we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/