Purpose of Bail

Purpose of Bail

The purpose of bail is to ensure that a defendant appears for all court events, both pre-trial and trial. Its purpose is not to punish nor is it to detain a person pre-trial to assure he doesn't commit another crime (preventative detention). State v. Johnson, 61 N.J. 351, 364 (1972); State v. Fann, 239 N.J. Super. 507 (Law Div. 1990). Additionally, the Court has said that the constitutional right to bail must not be unduly burdened, i.e., that excessive bail should not be utilized as a means of confining the accused until trial. State v. Johnson, supra, 61 N.J. at, 364-365.

c. Authority to Set Bail

A Superior Court judge may set bail for a person charged with any offense. Bail for any offense except murder, kidnapping, manslaughter, aggravated manslaughter, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, a person arrested in any extradition proceeding or a person arrested under N.J.S.A. 2C:29-9b for violating a restraining order may be set by any other judge, or in the absence of a judge, by a Municipal Court administrator or deputy court administrator. In most cases, bail is set initially in Municipal Court by a Municipal Court judge. See R. 3:26-2(2). 9

d. Factors to Consider when Setting Bail in a non-capital case.

In State v. Johnson, supra, 61 N.J. at 364-365 the Court identified a number of factors that must be considered in fixing bail

1. The seriousness of the crime charged against the defendant, the apparent

likelihood of conviction, and the extent of the punishment prescribed by

the legislature.

2. The defendant's criminal record, if any, and previous record on bail, if

any.

3. The defendant’s reputation and mental condition.

4. The length of the defendant’s residence in the community.

5. The defendant’s family ties and relationships.

6. The defendant’s employment status, record of employment, and financial condition.

7. The identity of responsible members of the community who would vouch for the defendant's reliability.

8. Any other factors indicating defendant's mode of life, or ties to the

community, or bearing on the risk of failure to appear.

See also R. 3:26-1, which lists background, residence, employment, family status, the general policy against unnecessary sureties and detention as factors to consider when setting bail. R. 3:26-1 also allows the court to R.O.R. defendants and impose terms or conditions necessary to protect persons in the community.

Right to Bail

Bail

Bail is the money or property deposited with the court to secure the release of a person held in custody awaiting the resolution of charges against him or her.

a. Right to Bail

The right to bail, except in capital cases, is guaranteed by the New Jersey Constitution and is provided for in the Court Rules. See R. 3:26-1(a). The New Jersey Constitution, Article I, paragraph 11, provides that

All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great.

Paragraph 12 further provides that

excessive bail shall not be required . . .

The Court, in interpreting this right, has said that the right to bail means that

the accused has the right to pre-trial liberty on such bond and in such amount as in the judgment of the trial court under the circumstances of the case will assure his appearance at the trial. State v. Johnson, 61 N.J. 351, 359-360 (1972). 8

However, the Court has recognized that bail may not always be possible. In Johnson, the Court also said

if, however, the court is satisfied from the evidence presented on the application for bail that regardless of the amount of bail fixed, the accused if released will probably flee to avoid trial, bail may be denied. Id. at 360.

Note also that a person may be denied bail in a capital case where the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed. See R. 3:26-1(a).

Indictable Complaints

Indictable Complaints

Where the complaint alleges an indictable offense, the complaint, and all investigative reports, are required to be forwarded to the prosecutor within 48 hours. The Municipal Court is to forward the complaint to the Criminal Division Manager's Office within 48 hours. See R. 3:2-1(b)

Summons

Summons

A summons is the process by which a defendant is ordered to appear before the Court on a certain date. If a summons is used, a Court Disposition Report – 1 (CDR -1) is filled out and a copy is handed to the defendant, who is then released. These reports are forwarded to the State Police and are used to create an offender's computerized criminal history (CCH) commonly referred to as a rap sheet.

b. Arrest Pursuant to a Warrant

An arrest warrant is a document that orders the police to arrest a defendant and bring him before the court issuing the warrant. If an arrest warrant is used, a CDR-2 is filled out and bail is set. If bail is posted the defendant is set free. If bail is not posted, the defendant is detained pending a first appearance, which is normally held in Municipal Court. However, in some counties first appearances are centralized before the presiding judge of the Municipal Courts or a Superior Court judge.

c. Arrest without a Warrant

In many instances, the criminal process actually begins with an arrest by a police officer where no formal papers, i.e. complaint, have been filed with the court. Where this occurs, the accused is arrested, brought to police headquarters where a complaint is prepared. The matter is then brought before a judicial officer, who determines whether there is probable cause that an offense has been committed by the accused and determines whether a summons or warrant will be issued. See R. 3:4-1. If the judicial officer issues a summons, the defendant is given the complaint-summons (CDR-1) and told to appear at a later date. If the judicial officer issues a complaint-warrant (CDR-2), the defendant is remanded to jail unless bail is posted. Simultaneous with making of the probable cause determination, the judicial officer should also set bail, or the conditions under which the defendant may be released from jail pre-trial, such as Released on 7

his/her own Recognizance (R.O.R.), no contact with victim, or cash bail. The present Court Rules allow for the setting of bail by a Municipal Court administrator or deputy court administrator in the absence of a judge at the judge's discretion. There is also statutory authority for this responsibility. See N.J.S.A. 2B:12-21c.

d.

Summons or Warrant upon Complaint

Summons or Warrant upon Complaint

The procedure after a complaint is made depends on who is making the complaint and/or whether a complaint-summons or complaint-warrant is being sought. If a private citizen is making the complaint, or a law enforcement officer is seeking an arrest warrant once a complaint is filed, a judicial officer (judge, municipal court administrator or deputy court administrator) makes a determination of whether there is probable cause to believe an offense has been committed and that the defendant may have committed it. If a judge reviews a complaint and does not find probable cause, the complaint is dismissed. If a judicial official other than a judge finds no probable cause, then the procedure contained in R. 3:3-1(d) is utilized to dismiss the complaint. If probable cause is found, a judicial officer must determine whether a summons or warrant should be issued. A summons will be issued unless a judicial officer finds that one of the conditions set forth in R. 3:3-1(c) exists. The conditions for issuing a warrant are: (1) the accused is charged with a serious crime; (2) the accused has previously failed to respond to a summons; (3) the accused is dangerous to self, other persons, or property; (4) there is an outstanding warrant against the accused; (5) the identity or address of the 6

accused is unknown or (6) there is reason to believe the accused will not respond to a summons. If one or more of these conditions exist, the judicial officer must issue a warrant, as opposed to a summons.

If the law enforcement officer decides to issue a summons, that officer may do so without a prior determination of probable cause.

PRE-INDICTMENT

PRE-INDICTMENT

The pre-indictment phase of criminal case processing encompasses all actions taken in relation to the case from the filing of the initial charges through presentation of the case to a grand jury.

1. Complaint

The criminal process normally begins with the filing of a complaint in Municipal Court. The process can also begin with an arrest without a warrant or by the return of an indictment. The complaint is a written statement accusing a specific person of committing an offense and citing the essential facts constituting the offense. Complaints are normally made by police officers, but all citizens have the right to lodge complaints. The Court Rules require that the court clerk or deputy clerk, Municipal Court administrator or deputy court administrator accept for filing complaints made by any person. See R. 3:2-1(a). The Rules require that the complaint be made upon oath or by certification before a judge or other person, e.g. Municipal Court administrator, authorized by N.J.S.A. 2B:12-21 to take complaints.

New Jersey Judiciary, Adult Drug Court Programs Administrative Office of the Courts Criminal Practice Division

New Jersey Judiciary, Adult Drug Court Programs Administrative Office of the Courts Criminal Practice Division Joseph J. Barraco, Esq. Assistant Director Carol Venditto, Manager-Drug Court Unit Tel# 609-292-3488 Fax# 609-292-9659 Email: carol.venditto@judiciary.state.nj.us Maurice Hart Jayne Cavanaugh, LCADC Statewide Drug Court Coordinator Statewide TASC Coordinator Tel# 609-633-2101 Tel# 609-984-3834 maurice.hart@judiciary.state.nj.us jayne.cavanaugh@judiciary.state.nj.us Criminal Practice Division, Drug Court Unit Hughes Justice Complex, 7North - PO Box 982 Trenton, NJ 08625-0982 Atlantic County Drug Court Atlantic/Cape May Criminal Drug Court Courthouse 4997 Unami Blvd. 2nd floor Mays Landing, NJ 08330 Drug Court Judge: Michael Connor, J.S.C. Tel# 609-909-8135 Fax# 609-909-8246 DC Coordinator: Celeste Goodson Tel# 609-909-8113 Fax# 609-909-8246 celeste.goodson@judiciary.state.nj.us Bergen County Drug Court Bergen County Courthouse 10 Main Street Room 150 Hackensack, NJ 07601 Drug Court Judge: Lois Lipton, J.S.C. Tel# 201-527-2465 Fax# 201-371-1107 DC Coordinator: Barbara Morgan Tel# 201-527-2405 Fax# 201-371-1123 barbara.morgan@judiciary.state.nj.us Burlington County Drug Court Burlington County Criminal Drug Court 50 Rancocas Road, 3rd Floor Mount Holly, NJ 08060 Drug Court Judge: James W. Palmer, Jr., J.S.C. Tel# 609-518-2855 Fax# 609-518-2948 DC Coordinator: Michelle Consuegra Tel# 609-518-2559 Fax# 609-518-2639 michelle.consuegra@judiciary.state.nj.us Camden County Drug Court Camden County Criminal Division 101 South Fifth Street Camden, NJ 08103 Drug Court Judge: Thomas A. Brown, J.SC. Tel# 856-379-2357 Fax# 856-379-2220 DC Coordinator: Scott Decicco Tel# 856-379-2200x 3358 Fax# 856-379-2288 scott.decicco@judiciary.state.nj.us NJAdultDrugCourtPrograms-contacts 9/27/10

Cumberland/Gloucester/Salem Drug Court Gloucester County Criminal Division Criminal Justice Complex, lst Floor Hunter and Euclid Streets Woodbury, NJ 08096 Drug Court Judge: Jean McMaster, J.S.C. Tel# 856-853-3501 Fax# 856-853-3786 DC Coordinator: Donald Van Dunk Tel# 856-853-3753 Fax# 856-853-3759 donald.vandunk@judiciary.state.nj.us	Essex County Drug Court Essex County New Courts Building 50 West Market Street, Rm 912 Newark, NJ 07102 Drug Court Judge: Ramona A. Santiago, J.S.C Tel# 973-693-6504 Fax# 973-424-2435 DC Coordinator: T.B.A. Tel# 973-693-6598 Fax# 973-693-5974 colin.lochner@judiciary.state.nj.us
Hudson County Drug Court Hudson County Administration Building 595 Newark Ave. Jersey City, NJ 07306 Drug Court Judge: Sheila Venable, PJ.Cr. Tel# 201-795-6668 Fax# 201-795-6364 DC Coordinator: Patricia DellOsso Tel# 201-795-6882 Fax# 201-217-5334 patricia.dellosso@judiciary.state.nj.us	Mercer County Drug Court Mercer County Courthouse 209 South Broad & Market Streets P O Box 8068 Trenton, NJ 08650 Drug Court Judge: Gerald Council, PJ, Cr. Tel# 609-571-4130 Fax# 609-571-4131 DC Coordinator: Anastasia Jackson Tel# 609- 571-4067 Fax# 609-571-4049 anastasia.jackson@judiciary.state.nj.us
Middlesex County Drug Court Middlesex County Courthouse 1 John F. Kennedy Square New Brunswick, NJ 08903 Drug Court Judge: Lorraine Pullen, J.S.C. Tel# 732-519-3825 Fax# 732- 519-3828 DC Coordinator: Tammy D’Aloia Tel# 732-565-5057 Fax# 732-565-5031 tammy.d’aloia@judiciary.state.nj.us	Monmouth County Drug Court Monmouth County Courthouse 71 Monument Park P O Box 1266 Freehold, NJ 07728-1266 Drug Court Judge: Thomas Scully, PJ.Cr. Tel# 732-677-4168 Fax# 732-677-4198 DC Coordinator: Adri Lieb Tel# 732-677-4551 Fax# 732-677-4347 adri.lieb@judiciary.state.nj.us

Middlesex County Drug Court Team List

Middlesex County Drug Court Team List COURTHOUSE Fax: 732-519-3828 DRUG COURT JUDGE Hon. Lorraine Pullen, JSC Lorraine.pullen@judiciary.state.nj.us 732-519-3826 JUDICIAL SECRETARY Linda Cusumano Linda.cusumano@judiciary.state.nj.us 732-519-3826 CRIMINAL CASE MANAGEMENT Fax: 732-565-5031 DRUG COURT TEAM LEADER Mark Billon Mark.billon@judiciary.state.nj.us 732-565-5056 DRUG COURT COORDINATOR Tammy D’Aloia Tammy.daloia@judiciary.state.nj.us 732-565-5057 SUBSTANCE ABUSE EVALUATOR Tatyana Vaynshteyn Tatyana.vaynshteyn@judiciary.state.nj.us 732-565-5058 SUBSTANCE ABUSE EVALUATOR Mark Warner Mark.warner@judiciary.state.nj.us 732-565-5064 DRUG COURT CLERK Donna Roche Donna.roche@judiciary.state.nj.us 732-565-5059 PROSECUTOR'S OFFICE Fax: 732-745-2324 ASSISTANT PROSECUTOR Caroline Meuly, Esq. Caroline.meuly@co.middlesex.nj.us 732-745-4251 DRUG COURT ADMINISTRATIVE ASST Deborah Farlow Deborah.farlow@co.middlesex.nj.us 732-745-4580 PUBLIC DEFENDER'S OFFICE Fax: 732-937-4556 ASST. DEPUTY PUBLIC DEFENDER Melissa Karabulut, Esq. Melissa.Karabulut@opd.state.nj.us 732-937-6400 ASST. DEPUTY PUBLIC DEFENDER Ken Goodman, Esq. Kengoodman@aol.com 732-993-5440 SECRETARY Annette Grier Annette.Grier@opd.state.nj.us 732-937-6400 PROBATION DIVISION Fax: 732-448-6201 PROBATION SUPERVISOR Lamont Bowling Lamont.bowling@judiciary.state.nj.us 732-448-6119 Cell: 732-841-1103 MASTER PROBATION OFFICER Dean Smith Dean.smith@judiciary.state.nj.us 732-448-6168 Cell: 732-841-1113 SENIOR PROBATION OFFICER Tara Jones Tara.jones@judiciary.state.nj.us 732-448-6151 Cell: 732-841-1080 PROBATION OFFICER Susan Smith Susan.smith@judiciary.state.nj.us 732-448-6178 Cell: 732-735-9410 PROBATION OFFICER Shawna Hooper Shawna.hooper@judiciary.state.nj.us 732-448-6147 Cell:732-841-3794 PROBATION OFFICER Boris Chavez Boris.chavez@judiciary.state.nj.us 732-448-6149 Cell: 732-887-7694 PROBATION MAIN NUMBER Receptionist 732-448-6101

VOLUNTEER LEGAL INTERNS NEEDED- PUBLIC DEFENDER OF METUCHEN

VOLUNTEER LEGAL INTERNS NEEDED- PUBLIC DEFENDER OF METUCHEN

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 welcomes persons to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and every other Friday morning court sessions.

Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given projects to provide information to the public on updated criminal laws and statutes. Help people less fortunate than you who are down on their luck. This is an unpaid internship helping indigent persons.

Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM, every other Friday 9-12, 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 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.

- Learn how to add criminal statutes and criminal articles to legal blogs and websites. http://criminal-jury.blogspot.com/

Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week. Must be over 18 years old and have a car. You can work more hours if you want and more than 12 weeks.

For Summer- College graduates and Law students only. Minimum Volunteer time commitment in summer- 18 hours per week. Send cover letter and resume. After sending resume, call to schedule interview

We are committed to excellence and service to clients and the community. Applicants must have attention to detail. We attempt to give assignments which will be meaningful and memorable but, nevertheless, expect that the volunteers will pitch in on whatever needs to be done.

Interested persons must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered.

PUBLIC DEFENDER OF METUCHEN

Att: Kenneth Vercammen, Esq.

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

Municipal Court College Seminar December 6, 201

Municipal Court College Seminar

December 6, 2010 Monday

5:30 PM to 9:00 PM

New Jersey Law Center, New Brunswick

A guide to handling municipal court matters in your practice.

This information-packed program is designed for attorneys who do not concentrate in municipal court law, including general practitioners seeking to expand into this practice area & not, novice attorneys looking to create a niche practice. Seasoned municipal court lawyers are certainly more than welcome to join us and brush up on their skills.

You’ll “go back to school” to attend 6 half hour segments and panel discussions that will provide you with a working knowledge of municipal court law basics. You’ll quickly be able to represent clients in a wide range of matters you would normally have had to refer to others. Gain confidence in your ability to handle municipal court law matters. Make an investment in your legal career and register today!

Gain insight and information that will help you represent clients in every aspect of municipal court law, including:
• Initial interview getting retained and dealing with the prosecutor
• Driving while suspended
• Drug cases and DRE
• Assault and miscellaneous
• DWI - Blood
• DWI – Alcotest

KENNETH A. VERCAMMEN, ESQ.

Past Chair, NJSBA Municipal Court Section Past GP Solo Section Attorney of the Year 2006 NJSBA Municipal Court Practitioner of the Year K. Vercammen & Associates (Edison)

JOHN E. HOGAN, ESQ.

Wilentz Goldman & Spitzer, PA (Woodbridge)

JOHN MENZEL, ESQ.

Law Offices of John Menzel (Point Pleasant)

NORMA M. MURGADO, ESQ.

Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge) Murgado & Carroll, Esq. (Elizabeth)

STEPHEN D. WILLIAMS, ESQ.

Law Offices of Stephen D. Williams (Flemington)

Who should attend:
• Judges & Prosecutors
• General practitioners
• Criminal law practitioners
• Municipal Court law practitioners
• Litigators
• New attorneys
• Members of law enforcement

New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of: 
The New Jersey State Bar Association Rutgers - The State University of New Jerseys Seton Hall University 
One Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732)214-8500 • Fax: (732)249-0383 • CustomerService@njicle.com

NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.5 hours of total CLE credit. Of these, 3.5 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers’ compensation law and/or matrimonial law.

Includes seminar, 400 page book, CD with over 1,000 pages of forms, dinner, coffee, desert Tuition ranges between $145- $189 depending on NJSBA membership Call Phone: (732)214-8500 Seminar # S962-21594

Tuition fees	Reg. Fee
General Tuition (REG)	$189.00
NJICLE Season Tickets (STX)	1 Season Ticket(s)
MEMBERS, NJSBA (NJB)	$155.00
MEMBERS, NJSBA YLD (YLD)	$145.00
Recent admittees (past 2 years) (YL)	$165.00
Paralegals (PAR)	$129.00
Law Students (with Student ID) (STU)	$0.00
Full Time Judges (JUD)	$0.00

This program has been approved for 3.5 credits (50 minute hour)

DOOR REGISTRATIONS: $209

Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee.

CAN'T ATTEND?

2010 MUNICIPAL COURT COLLEGE Up to 12 of your 24 New Jersey MCLE credits can be earned via Audio CDs, Webinars & MP3s. Order your audio package and earn New Jersey MCLE credits at your convenience.

http://KennethVercammen.com/MUNICIPAL.COURT.COLLEGE.html

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

STATE OF NEW JERSEY V. ALNESHA MINITEE AND DARNELL BLAND A-5002-06T4/A-6213-06T4

STATE OF NEW JERSEY V. ALNESHA MINITEE AND
STATE OF NEW JERSEY V. DARNELL BLAND A-5002-06T4/A-6213-06T4 (consolidated)08-16-10


In these back-to-back appeals concerning the warrantless
search of a motor vehicle, we harmonize the seemingly
inconsistent holdings in State v. Martin, 87 N.J. 561 (1981) and
State v. Pena-Flores, 198 N.J. 6 (2009), by finding that the
exigent circumstances that existed at the scene only permitted
the police to seize the vehicle. Under our State's
Constitution, once impounded, the police were required to obtain
a warrant before searching the vehicle.

State v. Wendell Mann (A-56-09)

State v. Wendell Mann (A-56-09)8-4-10

The trial court fairly concluded that the police had
reasonable and articulable suspicion to support an
investigatory stop of defendant and that the seizure
of drugs from both locations was lawful.

State in the Interest of A.S. (A-58/59-09)

State in the Interest of A.S. (A-58/59-09) 7-29-10

Upon consideration of the totality of the
circumstances, A.S.’s confession was not knowingly,
intelligently, and voluntarily given. In addition,
the confession by far was the most damning piece of
evidence against A.S. and thus the court cannot say
that there was no reasonable possibility that its
introduction into evidence contributed to the
delinquency adjudication, and so, in the particular
circumstances presented in this case, the Court is
constrained to reverse A.S.’s conviction and remand
for new proceedings.

State v. Richard Clarke (A-11-09) State v. William T. Dolan (A-12-09

State v. Richard Clarke (A-11-09) State v. William T. Dolan (A-12-09)7-21-10

An informal hearing is sufficient for the Drug Court to give full and fair consideration to a defendant’s application for admission into the Drug Court program. However, because it is not clear whether the trial court applied the correct legal standard for admission under the “second track” of the requirements, each case is remanded for further proceedings.

State v. Eugene Basil (A-34-09)

State v. Eugene Basil (A-34-09) 7-20-10

The on-scene identification by a citizen informant and
corroborative discovery of the weapon gave officers
probable cause to arrest defendant and, therefore,
defendant’s volunteered statement to police should not
have been suppressed as the product of an unlawful
arrest. In addition, the members of the Court being
equally divided, the judgment of the Appellate
Division is affirmed, holding that the non-appearing
witness’s testimonial hearsay statement was
inadmissible under the Sixth Amendment Confrontation
Clause. The admission of the statement had the clear
capacity to cause an unjust result and was not
harmless error beyond a reasonable doubt

State v. Alice O’Donnell (A-54-09)

State v. Alice O’Donnell (A-54-09) 7-20-10

The judgment of the Appellate Division, which upheld
the trial court’s denial of defendant Alice
O’Donnell’s motion to suppress evidence, is affirmed
substantially for the reasons expressed in Judge
Skillman’s opinion.

State v. Alice O’Donnell (A-54-09)

State v. Alice O’Donnell (A-54-09) 7-20-10

The judgment of the Appellate Division, which upheld
the trial court’s denial of defendant Alice
O’Donnell’s motion to suppress evidence, is affirmed
substantially for the reasons expressed in Judge
Skillman’s opinion.

State v. German Marquez (A-35-09)

State v. German Marquez (A-35-09)
7-12-10 S

In this case involving a conviction for refusing to
submit to a chemical breath test, the Court holds that
New Jersey’s implied consent law, N.J.S.A. 39:4-50.2,
and refusal law, N.J.S.A. 39:4-50.4a, require proof
that an officer requested the motorist to submit to a
chemical breath test and informed the person of the
consequences of refusing to do so. The statement used
to explain to motorists the consequences of refusal
must be given in a language the person speaks or
understands. Because defendant German Marquez was State v. German Marquez (A-35-09)

In this case involving a conviction for refusing to
submit to a chemical breath test, the Court holds that
New Jersey’s implied consent law, N.J.S.A. 39:4-50.2,
and refusal law, N.J.S.A. 39:4-50.4a, require proof
that an officer requested the motorist to submit to a
chemical breath test and informed the person of the
consequences of refusing to do so. The statement used
to explain to motorists the consequences of refusal
must be given in a language the person speaks or
understands. Because defendant German Marquez was
advised of these consequences in English, and there is
no dispute that he did not understand English, his refusal conviction is reversed.

STATE OF NEW JERSEY V. TAMESHA CAMPBELL A-1866-09T4

07-09-10 STATE OF NEW JERSEY V. TAMESHA CAMPBELL A-1866-09T4

We reverse an interlocutory order denying a motion for a
jury trial after a mistrial holding that the declaration of
mistrial nullified defendant's prior waiver of her Sixth
Amendment right to trial by jury.

STATE VS. ENDER F. POMPA (A-0139-08T4 )

STATE OF NEW JERSEY VS. ENDER F. POMPA A-0139-08T4 7-2-10

Following his conviction of various drug offenses,
defendant appealed the denial of his motion to suppress in
excess of thirty pounds of marijuana seized by police without a
warrant from a closet in the sleeper cabin of defendant's
tractor trailer. The court held that the closely regulated
business exception permitted a warrantless administrative
inspection of certain areas of the tractor trailer, but
concluded that the search turned unlawful when it progressed
into unregulated areas without the exigent circumstances
required by State v. Pena-Flores, 198 N.J. 6, 28 (2009).

Kenneth Vercammen Law Office 25th Anniversary Party Friday, July 30, 2010

Kenneth Vercammen Law Office
25th Anniversary Party
Friday, July 30, 2010


"Celebrating 25 years of providing excellent service to clients and the community"
1985-2010
Happy Hour, Open House, Client & Community Appreciation Social. Open to the public 4-7 PM

Food, Refreshments, T- shirts and special gifts

The Law office is located at 2053 Woodbridge Avenue, Edison, NJ 08817 near the Nixon Post Office, approximately 1/2 mile from Route 1/ Wick Plaza, and 1 mile from Middlesex County College. There is 50 parking spaces nearby on Russell Ave. and Lillian St. around the corner from Kim’s Kafe, on Woodbridge Ave. near the Green Derby Tavern, and across the street on School House Lane.
Visit our website at www.njlaws.com for Directions and other details or call and we will fax directions or email at KenV@njlaws.com

Kenneth Vercammen, Esq. at (732) 572-0500(Law office)
Fax form to 732-572-0030 or email
kenvnjlaws@verizon.net

-Yes, We will be attending the party

Name: _____________________________
email: _____________________________
http://www.kennethvercammen.com/25th.party.html

State v. Tysen R. Privott (A-7-09)

State v. Tysen R. Privott (A-7-09) 6-29-10

Based on the totality of the circumstances, there were
specific and particularized reasons for the officer to
conduct an investigatory stop and to frisk defendant
Tysen R. Privott. However, the officer’s conduct in
lifting defendant’s shirt exceeded the scope of a
reasonable intrusion that is permitted as part of a
Terry stop.

State v. Pablo Carvajal (A-5-09)

State v. Pablo Carvajal (A-5-09) 6-2-10

The State satisfied its burden of proving by a
preponderance of the evidence that the duffel bag was
abandoned. Carvajal denied having any ownership or
possessory interest in the bag, and the police
attempted to identify other potential owners.
Carvajal therefore had no standing to challenge the
warrantless search of the bag.