(732)572-0500. Edison, NJ.
To email Ken V, go here:
2053 Woodbridge Avenue - Edison, NJ 08817
Thursday, July 02, 2020
E593 1 FREE SEMINAR June 23 Tuesday "2020 Update-Wills and Estate Planning"
1 FREE SEMINAR June 23 Tuesday "2020 Update-Wills and Estate Planning"
2 Both jail and probation imposed in criminal driving while suspended after DWI
3. Crime spree exception to expungement approved here.
4. Summer Happy Hour TBA
5. Our revised websites
1. Final notice . FREE SEMINAR "2020 Update-Wills and Estate Planning"June 23 Tuesdayat 12:15 in our office parking lot. There have been changes to NJ Estate procedures. Ask your questions for free. Weinvite both you and your guests to join us at the Yes, the first outdoor legal event. Bring your own chair. There is no cost to attend.
2. Recent cases Both jail and probation imposed in criminal driving while suspended after DWI. State v Chavarria
Defendant pleaded guilty to two counts of violating N.J.S.A. 2C: 40-26(b) by driving during a period of license suspension or revocation for a second or subsequent violation of N.J.S.A. 39:4-50, driving while under the influence, or N.J.S.A. 39:4-50a, refusal to provide a breath sample. The court sentenced defendant on each count to a 180-day term of imprisonment with a 180-day period of parole ineligibility as a condition of serving a two-year probationary term. The court ordered the custodial terms to be served consecutively and the probationary terms to be served concurrently.
Defendant argued his sentences are illegal because the Criminal Code does not authorize a spilt sentence with a term of imprisonment that includes a mandatory period of parole ineligibility. The court disagreed, finding the plain language of N.J.S.A. 2C: 43-2(b)(2) authorizes sentences including terms of incarceration as a condition of probation, with the only limitation being the term of incarceration may not exceed 364 days. The court finds that because defendant's individual and aggregate custodial sentences require less than 364 days of imprisonment as a condition of probation, they are authorized by N.J.S.A. 2C: 43-2(b)(2) even though the terms of imprisonment include mandatory periods of parole ineligibility.
The court also determined the sentencing court erred by failing to make findings supporting its imposition of consecutive sentences, see State v. Yarbrough, 100 N.J. 627 (1985), and by imposing sentences that were both consecutive and concurrent, see State v. Rogers, 124 N.J. 113 (1991). The court remanded for resentencing. A-4473-18T3)
3. Crime spree exception to expungement approved here.State v A.R.
This case presents the question of whether petitioner A.R.'s convictions fall within the "crime-spree" exception contained within N.J.S.A. 2C: 52-2(a), making them eligible for expungement. Specifically, the granting or denying of petitioner's expungement petition turns on the phrase: "crimes [which are] 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." N.J.S.A. 2C: 52-2(a). Petitioner and the State concede that this phrase is undefined in the statute, yet offer competing interpretations. The State proposes a strict interpretation of this language, whereas petitioner asserts that the expungement statute - as remedial legislation - should be liberally interpreted. This court concludes that a liberal interpretation of this language is consistent with the general purpose of the expungement statute. Petitioner's convictions are "closely related in circumstances" because they stem from two instances where he engaged in the unlawful sale of narcotics to a "friend" and an undercover officer, and were committed over a period of six weeks, which is a "comparatively short period of time." Therefore, petitioner's convictions are eligible for expungement pursuant to N.J.S.A. 2C:52-2(a). (00-09-1483/01-02-0229)
4. Summer Happy Hour TBA. Bar Anticipation is not having happy hours this summer. We were previously scheduled for July 10. I am looking into some type of informal event depending on state restrictions. Stay tuned.
When a date is determined we will send out details in our weekly newsletter and post on Facebook.
5. We own the domain name www.njlaws.comsince 1995 and are pioneers in bringing free legal information to the public.
We try to create a website for all articles we write and all seminars we speak at.