NJAC 10A:31-25.10 Work Release Plan

NJAC  10A:31-25.10 Work Release Plan
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.10 (2012)
   (a) The County Work Release Administrator and the inmate shall prepare a detailed Work Release Plan (Form CWR-3 Approved Work Release Plan). The plan shall include information concerning the job, transportation and a statement authorizing the County Work Release Administrator to make disbursements from earnings.

(b) The information concerning the job placement shall include, but is not limited to:

1. The name of employer;

2. The address of employer;

3. The telephone number of employer;

4. The location of work site;

5. The hourly or other rate of pay;

6. Work days and hours;

7. A plan for overtime or shift work, if necessary; and

8. An evaluation of the job offer by the County Work Release Administrator.

(c) Each Work Release Plan shall contain a written detailed Transportation Plan. The Transportation Plan shall include, but is not limited to:

1. The dates and times of leaving and returning to the adult county correctional facility;

2. The times of arrival and departure from the job;

3. The method of transportation (for example, facility vehicle, public, private conveyance);

4. The daily cost of transportation;

5. The routes of travel; and

6. A procedure to be used when there are unexpected changes in travel arrangements, such as extended work conditions, delays caused by breakdowns, etc.

(d) If the Transportation Plan calls for the use of a private conveyance as the method of transportation, the County Work Release Administrator should ensure that the appropriate licensing, vehicle registration and insurance coverage are provided. Copies of these documents shall be contained in the inmate's file.

(e) The Transportation Plan should be flexible so as to allow for normal problems anticipated in daily travel. Generally, travel time to and from a job should not exceed one hour each way.

(f) The final section of the Work Release Plan shall include information on the disbursement of wages.

(g) When the Work Release Plan is completed and reviewed by the County Work Release Administrator, the inmate shall be asked to read and indicate his or her acceptance of the provisions of the Work Release Plan by signing it.

(h) The employer shall receive a copy of the approved Work Release Plan by certified mail, return receipt requested, along with a copy of the court's order placing the inmate in outside employment. The inmate shall also receive a copy of the Work Release Plan.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.9 Notice to inmate

NJAC 10A:31-25.9 Notice to inmate
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.9 (2012)  

   Form CWR-2 Notification of Admission to Work Release with Specified Conditions shall be used by the County Work Release Administrator to notify the inmate of the court's decision on the inmate's application.

NJAC 10A:31-25.8 Job site evaluation

NJAC 10A:31-25.8 Job site evaluation
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.8 (2012)
   (a) The County Work Release Administrator shall be responsible for evaluating all prospective places of employment of inmates in accordance with N.J.S.A. 30:4-91.3 et seq.

(b) Whenever possible, work release employment shall be related to prior vocational training, work experience and/or the institutional training of the inmate.

(c) The following shall initially be taken into account when evaluating the job site:

1. Working conditions of employees;

2. Potential hazards to health of employees;

3. Credibility of the employer;

4. Verification of a fair rate of pay, not less than minimum wage;

5. Coverage of an appropriate workers' compensation plan;

6. Availability of transportation;

7. Duration of the offered employment and benefits; and

8. Proximity to the adult county correctional facility.

(d) Inmates shall not be placed in Work Release Program assignments which will result in the displacement of workers employed in the community.

(e) Representatives of local union central bodies or similar labor union organizations shall be consulted about the placement of inmates with an employer, when appropriate.

(f) If suitable private outside employment cannot be found for an inmate, the inmate may be employed by the county at a fair wage and reasonable hours of work.

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.7 Application for admission to the Work Release Program

NJAC 10A:31-25.7 Application for admission to the Work Release Program
TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.7 (2012)
   (a) The County Work Release Administrator designated by the governing body of the county or the County Board of Freeholders in accordance with N.J.S.A. 30:8-44 shall be responsible for advising county sentenced inmates that an application may be submitted to the County Work Release Administrator, who shall submit the application to the court for approval or disapproval to participate in the Work Release Program for purposes of employment, vocational training or to care for the offender's family. At any time, a work release order may be revoked by the court that granted the order.

(b) An inmate sentenced by the court to an adult county correctional facility, who desires an opportunity to participate in the Work Release Program by being released to the community for employment, vocational training or meeting family needs shall be required to complete and submit Form CWR-1 Application and Agreement for Assignment Under the Work Release Program to the County Work Release Administrator for submission to the court.

(c) The County Work Release Administrator shall review and evaluate the information collected on each application and make a recommendation to the court concerning admission to the Work Release Program. The basic information shall include, but is not limited to:

1. Prior criminal history;

2. Detailed information concerning present offense;

3. Detailed information regarding untried criminal charges pending and the current status of these charges;

4. Psychological and psychiatric evaluations, when available;

5. Record of violent or assaultive conduct;

6. Record of violation of financial or public trust;

7. Data on family relationships including responsibility to assist in family maintenance;

8. Work history;

9. Personal health;

10. Record of substance abuse; and

11. Information on job opportunities or vocational programs to meet the inmate's needs.

(d) The following facts and circumstances shall be viewed as negative factors when considering an inmate's application for the Work Release Program:

1. A record of association with organized crime;

2. A record of serious emotional or personality disorders;

3. A record of violent or assaultive behavior;

4. Previous violations of financial or public trust;

5. A high degree of public notoriety which would cause adverse reaction if the inmate were released to the community;

6. Indications that release to the community would be contrary to punitive intention of sentence; and

7. A history which indicates a record of convictions for offenses related to controlled dangerous substances (CDS).

 
HISTORY:

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).

NJAC 10A:31-25.6 Inmates ineligible for Work Release Program

NJAC 10A:31-25.6 Inmates ineligible for Work Release Program TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.6 (2012)    (a) The following shall make an inmate ineligible for participation in the Work Release Program:

1. Untried detainers for criminal offenses or immigration detainers;

2. Current convictions involving arson offenses;

3. Previous convictions for arson offenses, even if the current conviction is for an offense(s) other than arson; and/or

4. The applicable provisions of related statutes of the State of New Jersey, such as, but not limited to, Michael's Law at N.J.S.A. 39:4-51.

(b) Pursuant to N.J.S.A. 30:8-44.1, no person confined to an adult county correctional facility shall be eligible to participate in any work release or vocational training release program if he or she has been convicted of any of the following:

1. Any crime involving a sexual offense or child molestation as set forth in N.J.S.A. 2C:14-1 et seq.;

2. Any crime endangering the welfare of children or incompetents which concerns sexual conduct which would impair or debauch the morals of the child or an incompetent, as set forth in N.J.S.A. 2C:24-4 and N.J.S.A. 2C:24-7;

3. Any crime involving the manufacture, transportation, sale or possession, with the intent to sell or distribute, of a "controlled dangerous substance" or a "controlled dangerous substance analog," as defined in the "Comprehensive Drug Reform Act of 1986," P.L. 1987, c.106 (C.2C:35-1 et al.); or

4. Any crime involving the use of force or the threat of force upon a person or property including: armed robbery, aggravated assault, kidnapping, arson, manslaughter and murder.

 
HISTORY:

Amended by R.1995 d.421, effective August 7, 1995.

See: 27 New Jersey Register 1728(a), 27 New Jersey Register 2928(a).

Amended by R.2000 d.332, effective August 7, 2000.

See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

In (b), substituted a reference to adult county correctional facilities for a reference to county correctional facilities.

Amended by R.2006 d.59, effective February 6, 2006.

See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).

NJAC 10A:31-25.5 Placement in a Work Release Program

NJAC 10A:31-25.5 Placement in a Work Release Program

TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.5 (2012)    A person convicted and sentenced to an adult county correctional facility may be placed in a Work Release Program by order of the court in which such person was convicted, or by the assignment judge of the county in which the sentence was imposed at the time such person is sentenced or at any time thereafter during the term of the sentence.

NJAC 10A:31-25.4 Responsibility for designating County Work Release Administrator

NJAC 10A:31-25.4 Responsibility for designating County Work Release Administrator

TITLE 10A. CORRECTIONS  
CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  
SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM
N.J.A.C. 10A:31-25.4 (2012)
   (a) Upon adoption of a resolution to implement a Work Release Program, the governing body of the county or the County Board of Freeholders shall designate a County Work Release Administrator who may be the Sheriff, adult county correctional facility Administrator or other persons who shall be responsible for administering the Work Release Program.

(b) The governing body or Board of Freeholders shall promptly notify the Commissioner of the Department of Corrections of the action and name of the designated County Work Release Administrator.

NJAC 10A:31-25.3 Benefit to inmates

N.J.A.C. 10A:31-25.3 (2012)
§ 10A:31-25.3 Benefit to inmates

   (a) Participation in the Work Release Program provides the following benefits to inmates:

1. Provides inmates the opportunity to participate in full time normal employment or vocational training in the community;

2. Permits inmates the opportunity to develop or strengthen good work habits and skills;

3. Affords inmates opportunities to continue or strengthen constructive ties with family, friends and the community;

4. Permits the pre-release preparation of inmates and the opportunity to evaluate the readiness of these inmates for release to the community;

5. Permits disbursements to be made from inmate earnings to help defray the cost of incarceration, support dependents, reduce debts and pay court fines;

6. Enables inmates to accumulate savings to help meet financial needs or burdens after release from confinement;

7. Provides inmates the opportunity to meet family needs; and

8. Provides inmates the opportunity to earn credits which will reduce the time to be served on the inmate's sentence.

NJAC 10A:31-25.2 Role of New Jersey Department of Corrections

NJAC 10A:31-25.2 Role of New Jersey Department of Corrections

   The New Jersey Department of Corrections may make staff available for maintaining general supervision over County Work Release Programs.

NJAC 10A:31-25.1 Authority for Work Release in NJ

NJAC 10A:31-25.1 Authority for Work Release in NJ

    N.J.S.A. 30:8-44 authorizes the operation of a county Work Release Program for inmates to participate in employment, a vocational training course, or to care for the offender's family in the counties in which the governing body or Board of Freeholders has approved the establishment of this type of program(s)

Possesion Of Marijuana by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Possesion Of Marijuana by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Vercammen Law 2053 Woodbridge Ave.
Edison, NJ 08817
Defenses to arrest for Possesion Of Marijuana
http://www.njlaws.com/2c_35-10a4possession-marijuana.html?id=2255&a=
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;

(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;

(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

KENNETH VERCAMMEN, ESQ.
732-572-0500
2053 Woodbridge Ave.
Edison, NJ 08817
www.BeNotGuilty.com

Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Rights Upon Arrest Contact Kenneth Vercammen Esq. for represenatation
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/what_to_do_if_arrested.html?id=1037&a=
   1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.

2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.

3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it.

NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line.

Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and is playing golf today.

4. Call your lawyer at the first opportunity.

5. Make bail. Borrow money from relatives and friends. You may need money to hire investigators and experts.

6. Bring to your attorney the Complaint and Arrest report if provided.

7. Obtain names, addresses, phone number of your witnesses.

8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line.

9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don't want to waste a trip to the courthouse.

10. Stop taking any illegal drugs. You will be required to take several drug tests.

Consequences of a Criminal Guilty Plea in Superior Court:

1. If you plead guilty you will have a criminal record.

2. Before the judge can accept your guilty plea, you will have to stand up in open court and tell the judge what you did that makes you guilty of the particular offense in front of all persons in the courtroom.

3. You can go to jail, pay thousands of dollars in fines, and may be barred from future employment

4. You may not be able to get a job as a teacher, public employee, banking industry, real estate or other state regulated field.

5. On employment applications, you will have to answer yes, that you were convicted of a crime.

6. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

7. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

8. In all drug cases, the statute requires mandatory driver's license suspension. New Jersey does not have a special license to go to work or school.

9. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

10. You must pay restitution if the court finds there is a victim who has suffered a loss.

11. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

12. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

13. You must wait 5-10 years to expunge a first offense. 2C:52-3

14. You lose the presumption against incarceration in future cases. 2C:44-1

KENNETH VERCAMMEN & ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.BeNotGuilty.Com

2C:52-2 convictions not eligible for expungment

2C:52-2  convictions  not eligible for expungment
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24-4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.
 
2C:52-2.  Indictable Offenses.

a.In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:

(1)less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2)at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.

Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

b.Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24-4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c.In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1)Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(2)Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or

(3)Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.

d.In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.

New free mobile app New Jersey Criminal and traffic Statutes

New free mobile app

New Jersey Criminal and traffic Statutes

https://play.google.com/store/apps/details?id=com.app_njlaws.layout&feature=search_result#?t=W251bGwsMSwyLDEsImNvbS5hcHBfbmpsYXdzLmxheW91dCJd

Description

This App contains a detailed list of New Jersey Criminal and Traffic statutes as well as informative articles by the top attorney in New Jersey, Mr. Kenneth Vercammen, esq.

Since 1985, KENNETH VERCAMMEN has practiced law in New Jersey and has an extensive resume of legal success.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

Police use of GPS device on car violates 4th Amendment United State v Jones

Police use of GPS device on car violates 4^th Amendment

United State v Jones __ US ___

January 23, 2012 No. 10–1259.

The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment.

(a) The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Here, the Government’s physical intrusion on an “effect” for the purpose of obtaining information constitutes a “search.” This type of encroachment on an area enumerated in the Amendment would have been considered a search within the meaning of the Amendment at the time it was adopted.

(b) This conclusion is consistent with this Court’s Fourth Amendment jurisprudence, which until the latter half of the 20th century was tied to common-law trespass. Later cases, which have deviated from that exclusively property-based approach, have applied the analysis of Justice Harlan’s concurrence in Katz v. United States, 389 U. S. 347, which said that the Fourth Amendment protects a person’s “reasonable expectation of privacy,” id., at 360. Here, the Court need not address the Government’s contention that Jones had no “reasonable expectation of privacy,” because Jones’s Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, the Court must “assure preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.” Kyllo v. United States, 533 U. S. 27. Katz did not repudiate the understanding that the Fourth Amendment embodies a particular concern for government trespass upon the areas it enumerates. The Katz reasonable-expectation-of-privacy test has been added to, but not substituted for, the common-law trespassory test. See Alderman v. United States, 394 U. S. 165; Soldal v. Cook County, 506 U. S. 56. United States v. Knotts, 460 U. S. 276, and United States v. Karo, 468 U. S. 705—post-Katz cases rejecting Fourth Amendment challenges to “beepers,” electronic tracking devices representing another form of electronic monitoring—do not foreclose the conclusion that a search occurred here. New York v. Class, 475 U. S. 106, and Oliver v. United States, 466 U. S. 170, also do not support the Government’s position.

Objection to lab report starts after all reports provided. State v. Heisler

Objection to lab report starts after all reports provided. State v. Heisler __ NJ Super. __ A 6281-08T4

The court held that the ten-day period in which a defendant must object to the admission into evidence of a lab certificate, or else waive his right to confront the laboratory analyst, begins to run only after the State has provided "all reports relating to the analysis in question." N.J.S.A. 2C:35-19. The court resolved ambiguity in the statute that requires the State to serve its notice of intent to use a lab certificate and supporting data twenty days before trial, but requires a defendant to object within ten days of receiving only the notice of intent. As the defendant's objection was timely under our statutory construction, we reversed his convictions for being under the influence of CDS, and operating a vehicle while knowingly having CDS in his possession or in the vehicle.

Error by police dispatcher in invalid arrest warrant requires suppression of evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011)

Error by police dispatcher in invalid arrest warrant requires suppression of evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011)

The dispatcher’s conduct – advising an officer on the scene that there was an outstanding warrant when the warrant contained a differently spelled name and a different date of birth – was objectively unreasonable and violated the Fourth Amendment to the United States Constitution and Article I, Paragraph 7, of the New Jersey Constitution. Evidence uncovered during the search incident to the arrest must be suppressed.

Officer not always permitted to render opinion. State v. McLean 205 NJ 438 (2011)

Officer not always permitted to render opinion. State v. McLean 205 NJ 438 (2011)

The opinion offered by the officer does not meet the requirements needed to qualify it as a lay opinion and permitting the officer to testify about his opinion invaded the fact-finding province of the jury. This case involved a drug dealing conviction where a detective, after testifying about transactions seen from an unmarked car while on undercover drug surveillance, opined that they were narcotics sale.

Personal Use Does not Permit Growing Medical Marijuana. State v. Wilson 421 NJ Super 301 (App. Div. 2011)

Personal Use Does not Permit Growing Medical Marijuana. State v. Wilson 421 NJ Super 301 (App. Div. 2011)

The principal issue in this is case is whether the personal use defense for manufacturing a controlled dangerous substance, N.J.S.A. 2C:35-2, applies to the growing of marijuana under N.J.S.A. 2C:35-5. After reviewing the relevant statutory language, as well as the purpose for the personal use exemption, we affirm the trial court's determination that there is no personal use exemption for growing marijuana.

Police did not Require Warrant for Cell Phone Site. State v. Earls 420 NJ Super. 583 (App. Div. 2011)

Police did not Require Warrant for Cell Phone Site. State v. Earls 420 NJ Super. 583 (App. Div. 2011)

The use of cell phone site information, obtained by the police without a warrant from a suspect's cell phone provider to determine his general location, does not violate the Fourth Amendment or its counterpart in the New Jersey Constitution because a person has no constitutionally protected right of privacy in his general location on roadways or other public places.