Newsletter NJ Laws by Kenneth Vercammen, Esq.

Sunday, February 09, 2020

E577 1. Update Wills and Estate Planning 2020- Free Seminar January 15 2. Six month jail for criminal driving while suspended 2C:40-26 constitutional 3. Seminar: Remove & Expungement of Criminal Arrests and Convictions Feb. 11, 2020 4. New Expungement Law 2019 SENATE No. 4154 makes expungement more available. 5. Winter Fun Running Races & Charity events participated by Kenneth Vercammen

E577

1. Update Wills and Estate Planning 2020- Free Seminar January 15

2. Six month jail for criminal driving while suspended 2C:40-26 constitutional

3. Seminar: Remove & Expungement of Criminal Arrests and Convictions Feb. 11, 2020

4. New Expungement Law 2019 SENATE No. 4154 makes expungement more available.

5. Winter Fun Running Races & Charity events participated by Kenneth Vercammen

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1. Reminder You are invited to Update Wills and Estate Planning 2020- Free Seminar January 15

January 15, 2020 at 12:15-1:00 PM and again at 5pm

Law Office of Kenneth Vercammen,

2053 Woodbridge Ave, Edison, NJ 08817

Program is limited to 15 people. Please bring a canned food donation.

COST: Free 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. Free sandwich for past and current clients. We are buying from Craig's Deli. Woodbridge Ave.

Main Topics:

1. Elimination of NJ Estate Tax

2. The New Probate Law and preparation of Wills

3. 2020 changes in Federal Estate and Gift Tax exemption

4. The need for current Power of Attorney

5. Living Will & Advance Directive

6. Administering the Estate & Probate

We previously held this seminar for the Edison, Metuchen and Piscataway Libraries. 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)

COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

https://www.facebook.com/events/2073002869450116/

Co-Sponsor: Middlesex County Estate Planning Council

To attend email VercammenLaw@Njlaws.com

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2. Recent cases Six month jail for criminal driving while suspended 2C:40-26 constitutional. State v Pimentel.

Defendant was charged under N.J.S.A. 2C:40-26 with the fourth-degree criminal offense of driving with a license that had been suspended because of multiple previous drunk driving convictions.

The court rejects defendant's claims that the 180-day mandatory minimum jail sentence prescribed by N.J.S.A. 2C:40-26 is cruel and unusual punishment, and that it also violates federal and state constitutional principles of equal protection and due process.

The stringent penalty chosen by the Legislature is constitutionally permissible to advance legitimate policy objectives of deterrence and public safety.

The court also reaffirms that the clear terms of statute do not allow judges the discretion to impose a lesser sentence.

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3. Seminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar February 11, 2020 at 6pm

COST: Free if you pre-register.Complimentary materials provided. Please bring a canned food donation, which will be given to the an Edison Bank. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKER: Kenneth Vercammen, Esq. & Allan Marain, Esq.

The NJ statute on expungement was revised in a law signed 12/18/19. 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 or received a Conditional Discharge. Under NJ Law past criminal arrests and convictions can be expunged/ erased easier under certain instances. This program will discuss the expungement process. Allain Marain is past chair of NJ Bar Criminal Law Section. Ken V 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?

Clara Barton Library Branch of Edison Library

141 Hoover Avenue

Edison, NJ 08837

(732) 738-0096

https://www.facebook.com/events/972773056427131/

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4. New Expungement Law 2019 SENATE No. 4154 makes expungement more available.

New Jersey expungement law signed December 18 will take effect on June 15, 2020. L. 2019, c.269 will increase the number of records of arrests and convictions that can be expunged.

S4154 creates a petition process for "clean slate" expungement for residents who have not committed an offense in ten years and who have not been convicted of the most serious crimes.

The bill also requires the State to implement an automated clean slate expungement system, which will be developed by a task force charged with studying the technological, fiscal, and practical issues and challenges associated with such a system.

Further, the bill requires that low-level marijuana convictions be sealed upon the disposition of a case, preventing those convictions from being used against those individuals in the future. It also makes numerous other changes to existing expungement procedures, including the creation of an e-filing system that would eliminate filing fees to petition for an expungement.

Contact an expungement attorney now to see if you will be eligible.

More details https://dwidrugarrest.blogspot.com/2019/12/nj-expungement-law-2020.html

The Floor statement notes the new law would:

- provide a period of nine months for the Administrative Office of the Courts to develop and maintain the system described in section 6 of the bill for sealing records from the public, upon order of a court, which pertain to offenses or delinquent acts involving the various marijuana and hashish possession, distribution, and drug paraphernalia offenses eligible for sealing under that section (the nine-month period is calculated as the relevant provisions taking effect 180 days after enactment, plus language stating that the system be developed "no later than three months" after the provisions take effect);

- provide a consistent time period for transitioning from expunging, in a more expedited fashion, those offenses or delinquent acts involving the various marijuana and hashish possession, distribution, and drug paraphernalia offenses eligible for faster expungement, as described above, to the new record sealing system which will address those same offenses once the system begins operating;

- make language pertaining to marijuana and hashish drug paraphernalia offenses that are eligible for expungement or sealing consistent throughout the bill;

- eliminate the 180-day waiting period before the provisions establishing the automated "clean slate" process take effect; although they would now take effect immediately, the automated process would still be subject to development and implementation in the future based on recommendations of the task force created by the bill to support the automated process;

- include references to a person's criminal history as "criminal history record information" in order to maintain consistency for such references within the expungement statutes and other relevant sections of statutory law dealing with criminal histories;

- provide for the forthcoming e-filing system for expungement applications to serve copies of an expungement petition and all supporting documents upon the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person seeking expungement relief was convicted (the e-filing system would be established within a period of 18 months (calculated as the relevant provisions taking effect 180 days after enactment, plus language stating that the system be developed "no later than twelve months" after the provisions take effect)); and

- require that a court, following the issuance of a court order granting expungement, provide proof of the expungement to the person whose records have been expunged or to that person's representative.

- Clarify that a person who at any time had a previous criminal conviction expunged is still disqualified from seeking an expungement of additional convictions for crimes, disorderly persons offenses, or petty disorderly persons offenses under the "standard" expungement process set forth in N.J.S.2C: 52-2 and -3, even under the expanded eligibility criteria established by the bill;

- clarify that the term "court-ordered financial assessment" means and includes all forms of financial assessment imposed as part of the sentence for the conviction or convictions for which expungement is sought, or for which expungement or sealing has been granted;

- permit any court, as specified by court rule, to handle expungement petitions under the "standard" expungement process when that petition only involves convictions for disorderly persons or petty disorderly persons offenses, or under the faster expungement process that addresses various marijuana and hashish possession, distribution, and drug paraphernalia offenses set forth in section 5 of the bill;

Learn more about Expungement at the February 11 seminar

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5. Winter Fun Running Races & Charity events participated by Kenneth Vercammen

Jan 19 Freehold Winter 5k 10:00am www.farcnj.com

__________________________________________________________________________

- Please help us with a good review on Google https://plus.google.com/100353581223417384493/posts

- Like us on Facebook

https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

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E576 1. New Year's Resolution: Put your Will and Estate Planning in order. 2. Happy New Year and Thank you Clients for a good year. 3 HGN eye exam not admissible in DWI trial. 4 Update Wills and Estate Planning 2020- Free Seminar January 15 5. More YouTube videos 6. Metuchen NJ Public Defender Volunteer Internships Spring 7. 2020 Fun Running

E576

1. New Year's Resolution: Put your Will and Estate Planning in order.
2. Happy New Year and Thank you Clients for a good year.

3 HGN eye exam not admissible in DWI trial.

4 Update Wills and Estate Planning 2020- Free Seminar January 15

5. More YouTube videos

6. Metuchen NJ Public Defender Volunteer Internships Spring

7. 2020 Fun Running

1. New Year's Resolution: Put your Will and Estate Planning in order.

Don't put off having a proper Will prepared and your Estate Planning. With a Will we can save the family over $1,000 with a no bond required clause and self-proving Affidavit. Our office can typically prepare your Will and sign with you a Will within three weeks of payment. Many persons have put this off for thirty years. Don't wait until you are in the hospital to think about taking care of your family.

You also need a Power of Attorney.

An important part of lifetime planning is the Power of Attorney. A Power of Attorney is accepted in all states, but the rules and requirements differ from state to state. A Power of Attorney gives one or more persons the power to act on your behalf as your POA agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf. The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The Disability only POA is called a "springing" Power of Attorney. A Power of Attorney may be revoked, but most states require written notice of revocation to the person named to act for you.

The person named in a Power of Attorney to act on your behalf is commonly referred to as your "POA agent" or "attorney-in-fact." With a valid Power of Attorney., your agent can take any action permitted in the document. Often your POA agent must present the actual document to invoke the power. A POA agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. Similarly, the agent has to present the Power of Attorney to a broker or banker to effect the sale of securities or opening and closing bank accounts. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the Power of Attorney be presented before your agent's authority to sign the title will be honored. However, your agent generally should not need to present the Power of Attorney when signing checks for you.

Why would anyone give such authority to another person? The most important reason to use Power of Attorneys to prepare for situations when you may not be able to act on your own behalf due to incapacity, illness or absence. Such a disability may be temporary, for example, due to accident, or illness or travel, or it may be permanent. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney.

If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for the family to have to spend $4,000 for a Guardianship Complaint and petition the Superior court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, depending upon your local state law. Few people want to be subject to an expensive public proceeding in this manner so being proactive to create the appropriate document to avoid this is important. A Power of Attorney allows you to choose who will act for you and defines his or her authority and its limits.

Who Should Be Your Agent?

Most people choose a family member to act on your behalf. Many people name their spouses or a child. We do not prepare Powers of Attorney with Joint agents.

You should always name a successor person to address the possibility that the person you name as agent may die, be unavailable or unable to act when the time comes. Similarly, in a Will there is Executor #1, then an Executor #2, not joint executors.

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

How The Agent Should Sign?

Assume Michael Douglas appoints his wife, Catherine Zeta-Jones, as his agent in a written Power of Attorney. Catherine, as agent, must sign as follows: Michael Douglas, by Catherine Zeta-Jones under POA or Catherine Zeta-Jones, attorney-in-fact for Michael Douglas. If you are ever called upon to take action as someone's agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions. This is especially important if you take actions that directly or indirectly benefit you personally.

What Kinds of Powers Should I Give My Agent?

In addition to managing your day-to-day financial affairs, your attorney-in-fact can take steps to implement your estate plan. An agent cannot revise your Will on your behalf.

Gifts are an important tool for many estate plans, and your attorney-in-fact can make gifts on your behalf, subject to guidelines that you set forth in your Power of Attorney. For example, you may wish to permit your attorney-in-fact to make "annual exclusion" gifts (up to $14,500 in value per recipient per year in 2019) on your behalf to your children and grandchildren. It is important that the lawyer who prepares your Power of Attorney draft the document in a way that does not expose your attorney-in-fact to unintended estate tax consequences. While some states permit attorneys-in-fact to make gifts as a matter of statute, others require explicit authorization in the Power of Attorney. If you have older documents you should review them with your attorney. Because of the high estate tax exemption ($11.5 million inflation adjusted) many people who had given agents the right to make gifts may no longer wish to include this power.

Finally, there may be reasons not to limit the gifts your attorney-in-fact may make to annual exclusion gifts in order to facilitate Medicaid planning or to minimize or avoid state estate tax beyond what annual exclusion gifts alone might permit.

Source: http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney.html

In addition to the power of your agent to make gifts on your behalf, many powers of attorney-in-fact are governed by state law. Generally, the law of the state in which you reside at the time you sign a Power of Attorney will govern the powers and actions of your agent under that document. If you own real estate, such as a vacation home, or valuable personal property, such as collectibles, in a second state, you should check with an attorney in that state to make sure that your Power of Attorney properly covers such property. Kenneth Vercammen is Chair of the ABA Estate Planning, Probate & Trust Committee of the American Bar Associations Solo Small Firm Division with over 20,000 members.

You also need a Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time. Sometimes a person is often kept alive in pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.

Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

This "Living Will" is different than a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will. Please let us know if you want a Living Will/ Advance Directive prepared.

For business owners a portion of your Estate Planning may be tax deductible for income tax purposes. Certain tax planning is deductible on a tax return. Your CPA may be able to deduct a portion of the professional fees paid for tax planning. The amounts to be deducted must be discussed with your CPA.

2. Happy New Year and Thank you Clients for a good year.

I would like to thank my clients and friends for another good year. We appreciate many referrals. So many of you were kind enough to tell others about our services and recommend us. Since 1985, [Over 30 years], I have helped individuals and families with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your family. As you know, all business must grow, and one of the safest ways to grow to get referrals from satisfied clients. Thank you for referring friends and family. May the New Year bring happiness and good health to you and those you love.

After January 1, we will be shredding Municipal Court and Litigation files more than 7 years old. If you are past client and there is a file in our office that you do not want us to shred, please email us so arrangements can be made for you to pick up by appointment. Closed files are not stored in the office.

3. Recent case- HGN eye exam not admissible in DWI trial. State v O'Neill. unreported

Defendant appealed his DWI conviction. Defendant argued the horizontal gaze nystagmus test should not have been considered and state failed to prove by competent evidence the 20-minute observation period required for the Alcotest. Testing officer admitted he did not time the 20 minutes himself. The only evidence introduced at trial as proof of the 20 minutes was officer's statement that the dispatcher told him the time was up. The time relayed by the dispatcher was a statement for the purposes of meeting the state's evidence obligation, the Confrontation Clause required that such testimonial evidence be subject to cross-examination, dispatcher did not testify and the Alcotest could not be used as evidence of defendant's DWI.

Court noted that it had long been held that the HGN test could be used to establish probable cause for a DWI arrest, but lacked sufficient scientific reliability to warrant admission as evidence of guilt. Admission of defendant's HGN test was not harmless error. Trial judge did not abuse her discretion in precluding testimony of defendant's witness about the impact of hardware in defendant's ankle on his field sobriety test performance. Source: https://www.law.com/njlawjournal/almID/1566871479NJA446217T/

4. You are invited to Update Wills and Estate Planning 2020- Free Seminar January 15 January 15, 2020 at 12:15-1:00 PM and again at 5pm

Law Office of Kenneth Vercammen,

2053 Woodbridge Ave, Edison, NJ 08817

program is limited to 15 people. Please bring a canned food donation.

Main Topics:

1. Elimination of NJ Estate Tax

2. The New Probate Law and preparation of Wills

3. 2020 changes in Federal Estate and Gift Tax exemption

4. The need for current Power of Attorney

5. Living Will & Advance Directive

6. Administering the Estate & Probate

We previously held this seminar for the Edison, Metuchen and Piscataway Libraries. 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)

COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

https://www.facebook.com/events/2073002869450116/

Co-Sponsor: Middlesex County Estate Planning Council

To attend email: VercammenLaw@Njlaws.com

5. More YouTube videos

NJ DWI First offense penalty after 12-1-19

https://www.youtube.com/watch?v=jNeXtsoAuc0

New Penalty for DWI 2nd and 3rd offense 39:4-50

https://www.youtube.com/watch?v=WZXcEylRlaA

More at https://www.youtube.com/user/kvercammen/videos

6. Metuchen NJ Public Defender Volunteer Internships Spring 2020 for 2nd, 3rd, 4th year college students and college grads

The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites college students interested in attending law school or a career in law enforcement to apply to serve as volunteer interns. Interviews start for students to start in January or February 2020

PUBLIC DEFENDER OF METUCHEN VOLUNTEER LEGAL INTERNS NEEDED

Court times: WEDNESDAY 1pm PM [approx]- 7:30 PM, once a month Friday 11-2, plus hearing preparation work.

Volunteer Internship Description:

-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

-Make demands for Discovery on Prosecutor and review police reports

-Attend hearings and learn from experienced trial attorneys

-Prepare Motions to Suppress Evidence and Motions to Compel Discovery

-Conduct appropriate Legal research

-Acquire skills in Criminal Law and Procedure by active participation

-Participate in Public Relations activities for NJ State Bar Association, American Bar Association ABA and help organize seminars

- Update Lists of Prosecutors, Judges and Attorneys for publication of

NJ Municipal Court Law Review

- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

- Add new criminal cases, criminal statutes and criminal articles to our Public Defender blog: http://criminal-jury.blogspot.com and other legal blogs and websites for use of clients and the general public.

- Add Motor vehicle statutes, criminal court rules to websites to assist persons charged with criminal, traffic, DWI and municipal court complaints

- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

- -Help edit the new book "Handling DUI and Drug Possession Defense" written by Kenneth Vercammen

Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck.

Program lasts 12 weeks Minimum Volunteer time commitment Fall & Spring 10 hours per week

Summer- 19 hours per week. For Summer- 4th year students and college grads or law students only

Mail or fax cover letter and resume to

Kenneth Vercammen, Esq.

Public Defender for the Borough of Metuchen

c/o 2053 Woodbridge Ave.

Edison, NJ 08817

Fax 732-572-0030

No emails. After sending resume, call to schedule interview 732-572-0500.

7. 2020 Fun Running Races & Charity events participated by Kenneth Vercammen

Jan 5 FARC Freehold Winter 5k first five Sunday 10:00am www.farcnj.com

Jan 11, 2020 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

Jan 19 Freehold Winter 5k 10:00am www.farcnj.com

February 15 Manasquan Mid-Winter 2 mile Beach Run/Walk 11:00Race starts on Ocean Ave, Boardwalk and you run l 1/4 mile on the Beach, ending at Leggett's restaurant. Post race party at Leggett's, plenty refreshments and food. Wakefern Shoprite co-sponsor jerseyrunner.com

- Please help us with a good review on Google https://plus.google.com/100353581223417384493/posts

- Like us on Facebook

https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

-Endorse us on Linkedin

https://www.linkedin.com/in/kennethvercammen

-Help us with a review on Yelp

https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

-Help us with a review on Avvo

https://www.avvo.com/review-your-lawyer

Thursday, January 16, 2020

Winter 2020 Municipal Court Law Review

The Supreme Court on November 18 remanded State v Olenowski to a Special Master on the reliability and admissibility of Drug Recognition Evaluation evidence in a DWI

2. Conviction revered where state allegedly failed to provide defendant with the lab report detailing the test result of the suspected narcotics in search warrant State v. Desir

3. HGN eye test not admissible in DWI trial State v O’Neill

4. Six month jail for2C:40-26 constitutional State v Pimentel

5. Police do not have to inform tenant of right to deny entrance to apartment

State v Teoshie Williams

6. Boarding house resident has expectation of privacy in a common hallway State v Louis Williams

7 New Expungement Law 2019 SENATE No. 4154 makes expungement more available.

8. Photos

9. Next Seminars

1. The Supreme Court on November 18 remanded State v Olenowski to a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence in a DWI under influence of a drug.

Sometimes a driver is arrested and charged with a DWI not for alcohol but being under the influence of drugs- either illegal or driving under valid prescription but being under the influence of the prescription.

Drug recognition evaluators /alleged expert (DRE) opinions based on drug influence evaluations (DIEs) are not generally accepted within the scientific community under Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923).

Fellow speaker and NJSBA member John Menzel argued the matter before the court, urging the Supreme Court to exclude the DIE evidence in the case and remand the matter for the development of an appropriate foundation before the evidence can be admitted. The brief was written by Menzel, Joshua H. Reinitz, and NJSBA past president Miles S. Winder III.

The Supreme Court focused on the question of why a special master should not be appointed to review whether DIEs meet the standards for admissibility, noting competing studies and scholarly writings on the issue, the credibility of which the court cannot evaluate without further hearings.

The case arises from Olenowski’s convictions for driving while intoxicated, which occurred on two separate occasions in the same year. He drew a reading of .04 percent blood alcohol content the first time and a zero percent reading the second, but was visibly impaired, according to the officers who arrested him and the DREs who evaluated him. The trial court upheld the convictions, holding that DRE evidence was “generally acceptable and reliable in the scientific community.” The decision was upheld by the Appellate Division in an unpublished opinion.

In its brief, the NJSBA argued that neither the DIE technique nor the DRE opinion are generally accepted in the scientific community or sufficiently reliable to indicate that Olenowski was driving under the influence. “The NJSBA asks this court to declare the DIE technique and DRE opinion derived therefrom inadmissible for any purpose unless its proponent, the state, lays appropriate foundation,” the NJSBA wrote. “Such a ruling would provide guidance to trial courts and avoid the errors committed in the present case.” Source: NJ Bar Report. Join the NJSBA to receive this free member benefit.

2. Conviction reversed where state allegedly failed to provide defendant with the lab report detailing the test result of the suspected narcotics in search warrant State v. Desir

Defendant appealed from his conviction for possession of a Schedule I narcotic with intent to distribute. Defendant had moved to compel the state to provide him with certain discovery and to suppress the evidence seized following execution of a search warrant. After the trial court denied defendant's motions, he entered a conditional guilty plea, reserving his right to appeal the denial of his discovery motion. On appeal, defendant argued that his discovery motion should have been granted because the requested discovery would not have revealed any confidential information. Defendant further argued that the trial court failed to properly weigh the aggravating and mitigating factors and imposed an excessive sentence.

The court reversed defendant's conviction and remanded for further proceedings. The court noted that the state allegedly failed to provide defendant with the lab report detailing the test result of the suspected narcotics the informant provided to the detective who prepared the search warrant application, and also failed to provide recordings of purported consensual intercepts the detective listened to prior to seeking the warrant. Defense counsel submitted a written request for the information, acknowledging that redactions would be necessary to protect the informant's identity. Thus, the court held that the state's failure to respond made defendant's ability to succeed in his Franks hearing even more difficult since defendant could not prove that any of the detective's statements in the warrant application were false. The court held that the trial court erroneously denied defendant's discovery motion thereafter, incorrectly concluding that defendant was engaging in a "fishing expedition" for the informant's identity. The court ruled that the timing of the consideration of defendant's motions unduly prejudiced him because he needed the discovery materials to have a chance at succeeding in his Franks hearing. The court held that the state was required to provide the sought discovery. Docket A-2882-17T4

Source: NJ Law Journal Daily Briefing October 21, 2019

3. HGN eye test not admissible in DWI trial State v O’Neill unreported

https://www.law.com/njlawjournal/almID/1566871479NJA446217T/

4. Six month jail for 2C:40-26 constitutional State v Pimentel

Defendant was charged under N.J.S.A. 2C:40-26 with the fourth-degree criminal offense of driving with a license that had been suspended because of multiple previous drunk driving convictions.

The stringent penalty chosen by the Legislature is constitutionally permissible to advance legitimate policy objectives of deterrence and public safety.

The court also reaffirms that the clear terms of statute do not allow judges the discretion to impose a lesser sentence.

5. Police do not have to inform tenant of right to deny entrance to apartment

State v Teoshie Williams

In this appeal, the court addressed whether police officers must inform the occupant of a residence that he or she has the right to refuse the officers' request to enter the residence. The court determined that while officers are required to inform the occupant of the right to refuse to consent to a search of the premises, a similar requirement does not apply to requests to simply enter the residence. Finding that the initial entry into defendant's apartment based on her consent to enter was permissible, the court affirmed the trial court's denial of defendant's motion to suppress evidence seized in a subsequent consent search of the apartment following a lawful protective sweep. (A-3944-16T2)

6. Boarding house resident has expectation of privacy in a common hallway State v Louis Williams

In this appeal, the court address whether a resident of a boarding house has a reasonable expectation of privacy in a common hallway accessible by other residents. The court determined that the Law Division improperly denied defendant's motion to suppress evidence seized from his bedroom after the police observed contraband while standing in a hallway in front of defendant's bedroom door. The court concluded that boarding house residents have a reasonable expectation of privacy in the hallways linking their bedrooms to areas traditionally contained within one living unit, such as a bathroom or kitchen, and the warrantless police entry into the home was not justified by the plain view doctrine because the officers did not have a lawful right to enter.

According to the court, whether the residential structure's front door was locked was not dispositive of whether defendant's reasonable expectation of privacy extended beyond his bedroom door, as the exterior door was equipped with a lock and the evidence showed only that the door was unlocked when the police made their warrantless entry, but not at any other time. In addition, drawing on a distinction recognized by courts in other states between apartment buildings and boarding or rooming houses, the court concluded that a boarding house resident's need to use a shared hallway to access his or her bathroom supports a reasonable expectation of privacy in that hallway notwithstanding an unlocked front door. Accordingly, the court held that the trial court should have granted defendant's motion to suppress because he had a reasonable expectation of privacy in the place searched, and the State did not establish the warrantless search of the home was justified by the plain view doctrine or any other exception to the warrant requirement. (A-2490-17T4)

7 New Expungement Law 2019 SENATE No. 4154 makes expungement more available.

New Jersey expungement law signed December 18 will take effect on June 15, 2020. L. 2019, c.269 will increase the number of records of arrests and convictions that can be expunged.

S4154 creates a petition process for “clean slate” expungement for residents who have not committed an offense in ten years and who have not been convicted of the most serious crimes.

8 Photo p1 The Latest Municipal Court Updates on Driving under the Influence of Alcohol and Drugs NJ State Bar Association San Juan

Kenneth Vercammen, Esq., Lisa Spiegel, Esq., Associate Executive Director New Jersey State Bar Association Miles Winder, III, Esq., Past NJSBA President Manuel R. Grova, Jr., Esq., Also speaking was Hon. James M. Newman, P.J.M.C., Freehold and Chair of Supreme Court Committee on Municipal Court

P2 Photo Handling Drug, DWI and Serious Cases in Municipal Court Seminar

Front Norma M. Murgado, Esq.  Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge), Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown & other towns, William Brigiani, Esq. Back Kenneth Vercammen, Esq., David Spevack, Esq. Prosecutor Edison, Woodbridge, Carteret, John Menzel, Esq.  

P3 Photo Recent NJ Municipal Court Cases Webinar John E. Kawczynski, Esq. Municipal Court Prosecutor Metuchen & Piscataway; Francis M. Womack, III, Esq. Prosecutor Edison, Piscataway, Sayreville, South Amboy [North Brunswick Mayor] David R. Spevack, Esq. Prosecutor Edison, Woodbridge, Carteret, Ken Vercammen

Available for listening CLE credit online at www.njicle.com

9. Next Seminars

Winning Strategies in Municipal Court

April 20, 2020 5:30pm-9:05pm NJ Law Center, New Brunswick

May 4, 2020 Nuts & Bolts of Elder Law NJ Law Center

July 17, 2020 Happy Hour and Social at Bar Anticipation

Every year different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July 17, 2020 at Bar Anticipation from 5:30-7:30.

We are requesting NJSBA Sections/ Committees serve as co-sponsor for this Happy Hour. There will be no cost to your group, and great benefit for your members. It may even be a source of new members. There will be a small table to greet members.

N.J. Municipal Court - Law Review SUBSCRIPTION INFO

Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review. This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.

Vouchers accepted. Please send a stamped, self-addressed envelope for their return. Multiple subscriptions encouraged.

Please must send a $20.00 check payable to Vercammen & Associates, PC.

Name: ______________________________________

(or staple business card here)

Address: ______________________________________

We also need your email address ________________________

Return to:

Kenneth A. Vercammen, Esq.,

Editor- NJ Municipal Court Law Review

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500

Tax ID # available

Municipal Court and criminal law attorneys may also be interested in the ABA’s CRIMINAL LAW FORMS book

Award winning book from the American Bar Association

Solo & Small Firm Division Author: Kenneth Vercammen

Use Criminal Law Forms to help represent persons charged with criminal and traffic offenses. Detailed instruction and valuable insight is offered beginning with the initial contact with the client, to walking into the courthouse, and managing the steps that follow. Two hundred and ten modifiable forms help make criminal lawyers more efficient and productive, while also reducing the chance for mistakes. Criminal Law Forms helps lawyers face the challenges of:

• Criminal defense

• DWI cases

• Juvenile offenses

• Domestic violence

• Traffic violations

• Auto Accidents

• And much more

Regular price $139.95, GP SOLO Member Price $129.95 To order contact ABA Customer Care, 1-800-285-2221 (PC: 5150457)

ISBN:

978-1-61438-879-1

http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5150457

Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he handles Criminal, Municipal Court, Probate, Civil Litigation and Estate Administration matters. Ken is author of the American Bar Association's award winning book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association. As the Past Chair of the Municipal Court Section he has served on its board for 10 years.

Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.

Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine. He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.

For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.

His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings. Ken also serves as the Editor of the popular legal website and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.

Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation which permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4^th degree black belt.

KENNETH VERCAMMEN

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500