Newsletter NJ Laws by Kenneth Vercammen, Esq.: 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 2^nd 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 2^nd 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

https://piscatawaylibrary.org/joinus/

more info:

https://piscatawaylibrary.org

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.)

ToRSVP: https://www.mcbalaw.com/events/EventDetails.aspx?id=1540891&group=

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

jcowles@mcbalaw.com

732.828.3433, x. 102

https://www.mcbalaw.com/events/register.aspx?id=1540891&itemid=22861a62-ff61-4ded-ac24-6626a9a776c

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

Handling Drug, DWI and Serious Cases in Municipal Court Seminar

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