E622 Newsletter

E622 Newsletter Divider image 1. Ken's Wedding Groomsmen 2. Automated Process For Certain Marijuana And Hashish Cases In Accordance With The Marijuana Decriminalization Law 3. Court gives deadbeat tenants more delay time and continues to bar nonpayment evictions 4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021 5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm 6. Educational YouTube Videos 1. Ken's Wedding Groomsmen vercammen copy.gif Ken Vercammen’s wedding Anniversary The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [was NJ Governor], Steve Vercammen 2. Automated Process For Certain Marijuana And Hashish Cases In Accordance With The Marijuana Decriminalization Law The Supreme Court by the order dated July 1, 2021 provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6. l). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts potentially fall within this statutory direction. The Court's Order sets out in detail the statutory criteria for determining those cases to which the automated processes apply. Technological modifications are being made to a number of the Judiciary's case management systems to enable implementation of the automated processes for these eligible cases as expeditiously as possible. The Court's order also provides for a process for handling cases not captured by the automated processes via a motion to dismiss or vacate (depending on the status of the case) brought to the court (Superior Court or Municipal Court) that had jurisdiction over the case, or by individual expungement petition to the Superior Court. A process to address inquiries from individuals as to whether their particular case has been expunged pursuant to the provisions of the Order and to receive a certification of such expungement is currently being developed. This process for expungement inquiry and certification will be announced to the public upon completion of the automated processes set forth in the Order. Dated: July 1, 2021 ORDER SUPREME COURT OF NEW JERSEY The Marijuana Decriminalization Law, L. 2021, c. 19, codified in relevant part at N.J.S.A. 2C:35-23.l and N.J.S.A. 2C:52-6.l, provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving specified offenses as defined in that legislation. The Administrative Office of the Courts has determined that approximately 360,000 cases in the Superior Court (Criminal and Family) and the Municipal Courts potentially fall within that statutory direction. In accordance with N.J.S.A. 2C:35-23.l(a), the automated processes set forth in this Order apply only to cases involving the following specific marijuana or hashish offenses, including attempts or conspiracies to commit these specific offenses: N.J.S.A. 2C:35-5(b){l2) - Distribution of less than one ounce of marijuana or less than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(3) - Possession of more than 50 grams of marijuana or more than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(4)- Possession of50 grams or less of marijuana or 5 grams or less of hashish (disorderly persons offense). The above specific offenses are eligible for the actions directed by the new statute whether they exist in the case alone, in combination, or in combination with one or more of the offenses listed in the following paragraph, including attempts or conspiracies to commit these related offenses. The below specific offenses, including attempts or conspiracies to commit these related offenses, must be in combination with at least one of the above-listed offenses involving marijuana or hashish for the offense to be eligible for the automated processes set forth in this Order. N.J.S.A. 2C:36-2 - Possession of Drug Paraphernalia (disorderly persons offense); N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 39:4-49.1 - Operating Motor Vehicle in Possession of Controlled, Dangerous Substance (traffic offense). For administrative efficiency, those eligible cases have been grouped into the following four categories by the particular stage of the case: (1) cases that are pending adjudication; (2) cases that have been adjudicated but are pending sentencing (adult) or pending disposition Juvenile); (3) select cases after sentencing (adult) or after disposition Juvenile); and (4) other cases that have been disposed (as defined below). Accordingly, effective immediately, it is ORDERED as to those four categories of cases as follows: (l) Cases Pending Adjudication For cases in which adjudication is pending and where only the specific offense(s) remain active as of the date of this order, including cases in which the defendant is currently subject to a conditional discharge program: (a) such cases shall be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (b) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (c) any associated active warrants for failure to appear shall be rescinded; (d) any associated violations of probation or violations of pretrial monitoring shall be vacated; and (e) any associated court-ordered driver's license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver's license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission. (2) Cases That Have Been Adjudicated but are Pending Sentencing (Adult) or Disposition (Juvenile) For cases that are pending sentencing or disposition, and that have been adjudicated through entry of a guilty plea, adjudication of delinquency, guilty verdict, disposition, or admission into pretrial intervention (PTI), veterans' diversion program, or juvenile diversion program: (a) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilt shall be vacated pursuant to N.J.S.A. 2C:35-23.l(b)(l); (b) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilty shall then be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (c) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (d) any associated active warrants for failure to appear shall be rescinded; (e) any associated violations of pretrial monitoring shall be vacated; and (f) any associated court-ordered driver's license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver's license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission... 3. Court gives deadbeat tenants more delay time and continues to bar nonpayment evictions LANDLORD TENANT - INTERIM PROCESS FOR MANDATORY SETTLEMENT CONFERENCES NOTICE TO THE BAR AND PUBLIC The Supreme Court has authorized mandatory settlement conferences in residential landlord tenant matters. This interim step is effective immediately pending further Court action on the Report and Recommendations of the Judiciary Special Committee on Landlord Tenant ("Special Committee"). All vicinages will schedule mandatory settlement conferences for pending landlord tenant cases. As set forth in the Court's July 1, 2021 Order, priority will be given to the nearly 14,000 landlord tenant cases that have been pending for more than one year or in which more than 12 months of rent is claimed to be due. Residential evictions remain suspended pursuant to the Governor's Executive Order 106 as continued by legislation. The Court's authorization of mandatory settlement conferences does not affect commercial landlord tenant proceedings, which have resumed pursuant to the Court' s June 2, 2021 Order. 4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021 July 21, 2021 at 12:15-1:00 PM Program can be watched on your computer or iPhone via Facebook live https://www.facebook.com/events/733350550888872 Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 The “In office” program is limited to 9 people. Please bring a canned food donation. COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank. New Main Topics: 1. Handling Probate during Covid and while Government offices closed 2. Dangers If You Have No Will or documents invalid 3. Getting your Estate Planning Documents done when you can’t go into a law office 4. What goes into a Will 5. Power of Attorneys recommendations 6. Living Will & Advance Directive for Medical Care 7. Administering the Estate/Probate /Surrogate 8. Avoiding unnecessary expenses and saving your family money Please email us if you plan on attending or if you would like us to email the materials. SPEAKER: Kenneth Vercammen, Esq. (Author- ABA Wills and Estate Administration) 5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 New Expungement Law took effect 2020, revised again 2021 COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements. SPEAKER: Kenneth Vercammen, Esq. (Author- Criminal Law Forms by the American Bar Association) The NJ statute on expungement was revised. Nothing is automatically erased yet. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed if not expunged. Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement? To attend email VercammenLaw@Njlaws.com https://www.facebook.com/events/2310189209117175 6. Educational YouTube Videos May an officer initiate or continue a pedestrian stop of an individual based on the officer detecting the odor of Marijuana? https://www.youtube.com/watch?v=_a_87XjzQZE Mere report of black males robbing 7/11 not sufficient to stop car with black males in it State v Nyema https://www.youtube.com/watch?v=9zxLxRHGeuc NJ Marijuanna decriminalization https://www.youtube.com/watch?v=J7VjpqDpyvs 1 photo use for FB_ YT.jpg Thank you for reading and sharing our Newsletter. 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