October 30, 2017
5:30PM-9:05PM
NJ Law
Center, New Brunswick, NJ
Index to Major cases to be discussed by Ken Vercammen at seminar
1. DWI Refusal notice withstands challenge. State v Quintero
443 NJ Super. 620 (App. Div. 2016)
2. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente
444 NJ Super. 393 (App. Div. 2016)
3. Police video is public record under OPRA
Paff v Ocean County Prosecutors Office
446 NJ Super. 163 (App. Div. 2016)
4. Defense to refusal sometimes where person medically unable to provide breath samples. State v. Monaco 444 NJ Super 539 (App. Div. 2016
5. No Jury trial for DWI. State v. Denelsbeck
223 NJ 103 (2016)
6. Police can stop for one broken taillight out of 4
State v. Sutherland
445 NJ Super. 358 (App. Div. 2016)
7. US Supreme Court permits DWI breath tests but rejects blood test without warrant.
Birchfield v. North Dakota 136 S. Ct. 2160 (2016)
8. Out of state DWI counts for criminal driving while suspended. State v. Luzhak
445 NJ Super. 241 (App.Div. 2016)
9. Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop State v. Stein 225 NJ 582 (2016)
10. Suppression granted where stop based only for high beam not affecting driving State v. Scriven
226 NJ 20 (2016)
11. NJ Supreme Court makes “plain view” car searches easier especially when drug dealers go through toll without paying and are pulled over with bricks of heroin in plain view. State v. Gonzales __ NJ __ (2016)
12. Driver with prior school zone DWI sentenced as 2nd Offender. State v. Wheatley
447 NJ Super. 532 (App. Div. 2016
13. Town outside surveillance camera not subject to OPRA but maybe subject to common law. Gilleran v. Township of Bloomfield
14. Twitter statement admissible in criminal trials. State v Hannah
448 NJ Super. 78 (App. Div. 2016)
15. No obstruction charge for failure to provide DL for parking ticket. State v Powers 448 NJ Super. 69 (App. Div. 2016)
16. School Zone map admissible if properly authenticated State v. Wilson 227 NJ 34 (2017)
17 Municipal Court can stay DL suspension after DWI if appeal
State v. Robertson 228 NJ 138 (2017)
18. DNA on towel not admissible without proper foundation and chain of custody
State v Mauti 208 NJ 519 (2017)
19. Defendant’s furtive movement after car stop justified removal of Passenger State v. Bacome __ NJ __ (2017) (A-9-15)
20. Plain feel search not permitted with strip search for DP State v Evans 449 NJ Super. 66 (App. Div. 2017)
21 Dash cam video in fatal shooting public record
North Jersey Media Group, Inc. v. Township of Lyndhurst
__ NJ __ 2017 a-35-15
21. Errors by police in warrant and search held ok by court
State v Hamlett
22. Dash cam video in fatal shooting public record
North Jersey Media Group, Inc. v. Township of Lyndhurst
23. Police have duty to preserve video and evidence
State v Richardson
24. Mandatory DNA samples in serious Municipal court criminal
Effective July 1, 2017 person who pleads guilty to cds and assault criminal disorderly criminal offenses must provide a DNA sample upon a guilty plea.
25. New Criminal rules effective Jan 1, 2017
26. New Court Rule: The Committee proposed two new rules to provide
limitations on the monetary sanctions
27 New Expungement Law
New law effective April 18, 2016 for dismissed cases
Please forward to any attorneys,
prosecutors or judges you believe may be interested.
Speakers: Kenneth A. Vercammen, Esq., Metuchen
Public Defender, Past Municipal Court Attorney of the Year
Tara Auciello, Esq.
Municipal Prosecutor (South River)
William Brigiani, Esq.
Past Middlesex Bar President
Gregory DeMichele, Esq.
NJSBA Trustee
John Menzel, Esq.
Past
Chair, NJSBA Municipal Court Practice Section
Norma M. Murgado, Esq.
Chief
Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge)
This informative seminar on Municipal
Court practice and procedure will familiarize you with recent new developments
affecting cases that are heard in Municipal Court.
An authoritative panel of
experienced attorneys will be joined by well-respected Municipal Prosecutors to
explore a wide variety of matters that you are likely to encounter. They will
also bring you up to date on recent developments you need to understand in
order to effectively represent your clients.
Free for law students based on space available.
NEW JERSEY INSTITUTE FOR
CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar Association 732-214-8500 CustomerService@njicle.com Seminar # ICMCP150717
For lawyers $170- $190 tuition depending on
NJSBA membership
½ price for
Judges.
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
321 N. Clark Street, Chicago, IL 60653 or fax to 312-988-6030 (PC: 5150457)
ISBN:
|
978-1-61438-879-1
|
http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5150457
Author: Kenneth Vercammen is an Edison,
Middlesex County, NJ trial attorney where he
handles Criminal, Municipal Court, Probate, Litigation and Estate Administration matters. Ken
is author of the American Bar Association’s new 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.
Ken also serves as the Editor of the popular
legal website www.njlaws.com 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. Recently, the ABA Solo Division has selected Ken to
write its new book on “Marketing for the New and Small Firm Attorney”. In his
private life he has been a member of the NJ State champion Raritan Valley Road
Runners master’s team and is a 4th degree black belt.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)
732-572-0030