Municipal Court and Police Directions NJ

Wednesday, May 7, 2025

Municipal Court 101 Seminar 2025 Wednesday, May 14 at 1:30 Wednesday, May 14 at 1:30 at NJSBA Annual Meeting Borgata Music Box Theater Atlantic City

Municipal Court 101 Seminar 2025

Wednesday, May 14 at 1:30

Wednesday, May 14 at 1:30 at NJSBA Annual Meeting

Borgata Music Box Theater Atlantic City

Cosponsored by the Municipal Court Practice Section
Join experienced practitioners for an introductory program that will provide you with the essential basics of municipal court practice.

Speakers:

-Hon. Adam Greenberg Cherry Hill Municipal Court

-Prosecutor Moshood Muftau, Deputy County Counsel, Prosecutor Plainfield, Roselle

-Kenneth A. Vercammen, Esq. [Moderator]

- Barbara Ungar, Esq..

Recent cases and Laws

Discussing New DWI Law signed April 3, 2025

New DWI Law signed April 3, 2025

New Rules for Pre-Court Installation of Interlock Device of persons pending a DWI

Supreme Court DWI plea bargain are allowed per new DWI statute effective February 23, 2024

DRE in DWI cases requires a 12 step process

State v. Olenowski

Stay on trials and Hearings on reliability of new DWI Alcotest 9510 Machine 9510 State v. Cunningham

This is an introduction to municipal court for recently admitted attorneys or for attorneys who is new to the practice area or wants a refresher. Experienced practitioners and judges will discuss important procedures, practical information and practice tips.

Registration at https://njsba.com/meetings-events/annual-meeting

Also attend the Municipal Court Bench-Bar Conference THURSDAY, MAY 15
3:15PM - 4:45PM

1. RECENT CASES & LAWS & THE BUSINESS OF MUNICIPAL COURT PRACTICE 25 MIN

Kenneth A. Vercammen, Esq.

2. Barbara Ungar, Esq.. PRE-TRIAL PHASE 25 MIN

Client Meetings/Intake PL

Online dispute resolution & Plea by Mail

Discovery Process

How is Discovery Obtained

Types of Requests

What do I want/don’t want

Holup/Sanctions

Unique Discovery Items

Lab Reports

Audio/Video

Officer’s Notes

3. Moshood Muftau, Deputy County Counsel 20 min

Meeting with Prosecutor

HOW NOT TO ANGER THE PROSECUTOR

Prosecutor Perspective

Framing Case Setting Expectations

Unfamiliar Courtrooms/Prosecutors/Judges

Motion Practice

When to File

Briefing vs Oral

Suppression Motions

4. Judge: Hon. Adam Greenberg

IN COURT PRACTICES 20 min

How not to annoy the staff and court

Plea Agreements

What is permissible

What is not

How do different vicinages handle cases

Civil Reservations

Use of Expert Witnesses: TBA if extra time at end.

No Q & A since a large room. Questions can be asked of panel at the end

Friday, January 10, 2025

Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2025

To Police & PBA & Court Officers- some of your retired and active members may be interested:

Retired Police & Fire Middlesex & Monmouth Local 9 held its March 5, 2025 meeting with a discussion of the Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2024

If any Police Department or Court wants the program materials, please email KenV@njlaws.com.

For information or membership in Local 9, contact President JohnLeo Fedorka jlaf57@gmail.com Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. Please share.

March Speaker: KENNETH VERCAMMEN, Esq. of Edison

Contributing writer for the NJ Police Chief Magazine

Editor: NJ Municipal Court Law Review

Past President Middlesex Municipal Court Prosecutors Assoc,

Past Cranbury Prosecutor

NJRPFA welcomes all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org

About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA. The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members. develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions. https://www.facebook.com/Retired-Police-Fire-Middlesex-Monmouth-Local-9-Njrpfa-981589945241076

Wednesday, August 16, 2023

Winter 2015 Municipal Court Law Review

1 Court cannot consider Sup Mt testimony unless agreed by defendant State v. Gibson 219 NJ 227 (2014)

Due to the fundamental differences between a pre-trial motion to suppress and a trial on the merits, the best practice is to conduct two separate proceedings. However, the motion record may be incorporated into the trial record if both parties consent and counsel are given wide latitude in cross-examination. Where the evidence from a pre-trial hearing is improperly admitted at the trial on the merits, the correct remedy is remand for a new trial.

2. If mandatory 180 days without parole, cant get credit for inpatient State v. French 437 NJ Super. 333 (App. Div 2014)

A sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program does not satisfy the fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole mandated for the fourth-degree crime of operating a motor vehicle during a period of license suspension for multiple convictions of driving while intoxicated. N.J.S.A. 2C:40-26(b).

3. No jail for careless driving unless aggravating factors found

State v Palma 219 NJ Super. 584 (App. Div 2014)

The factors outlined by this Court in State v. Moran, 202 N.J. 311 (2010), should be followed by judges in the municipal court and Law Division when imposing sentences for careless driving.

4. Failure to read refusal warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014)

In this appeal, defendant argued the police failure to read to him the standard statement referred to in N.J.S.A. 39:4 50.2(e) which, in its current iteration, largely but not entirely advises of the consequences of refusing to provide a breath sample requires reversal of his DWI conviction based solely on an Alcotest reading. The court held this alleged failure was not fatal to the DWI conviction because defendant did not refuse to provide a breath sample.

5. DWI offenses separated by more than ten years are eligible for step-down provision. State v. Revie __ NJ __ (2014) A-31-13

The N.J.S.A. 39:4-50(a)(3) step-down provision can benefit a DWI offender more than once, provided that the defendants most recent and current DWI offenses are separated by more than ten years. In this case, defendant should be sentenced as a second DWI offender with respect to any term of incarceration imposed, and as a third DWI offender with respect to the applicable administrative penalties.

6. Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal 438 NJ Super. 156 (App. Div.2014)

The court granted leave to examine an interlocutory order, which denied defendants motion to recuse the Bergen County judiciary from presiding over a prosecution that included a charge of conspiring to murder a Bergen County assistant prosecutor. The issue reached an acute stage when the State informed it would offer evidence at trial that defendant threatened the lives of two Bergen judges. Even though the court acknowledged the trial judge, who was not one of the threatened judges, appeared able to fairly and impartially preside, the court held that defendant is entitled to the relief sought because, in the final analysis, justice must satisfy the appearance of justice and a reasonable person would harbor doubts about the fairness of the proceedings.

7. DL suspension should not be stayed after conviction unless findings of fact. State v Robertson 438 N.J.Super. 47 (App. Div. 2014)

In this appeal from a DWI conviction, the court rejects defendants argument that the Alcotest results should have been excluded because he was denied discovery of certain repair records, which were created by the Alcotests manufacturer, and certain downloaded data, which the State routinely erases. The court concludes the records were not discoverable under Rule 7:7-7, nor did they constitute Brady material.

The court also addressed the unexplained decisions of both the municipal court and the Law Division to stay defendants license suspension pending appeal. The court instructs trial courts that any stay of a license suspension after a DWI conviction should be supported by adequate findings of fact and conclusions of law, and should comply with standards governing the grant of a stay pending appeal set forth in Garden State Equality v. Doe, 216 N.J. 314, 320 (2013).

8. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H. 436 N.J. Super. 427 (App. Div. 2014)

The court considered the application of the expungement statute, N.J.S.A. 2C:52-1 to -32, where petitioner was charged with a fourth degree offense but ultimately agreed to a violation of a statute for which he paid a civil penalty. Petitioner requested expungement of all criminal records, which was granted by the trial judge; records of the civil violation and the file of the NJSPCA were not subject to expungement.

The State appealed, advancing numerous reasons for reversal, primarily arguing the final disposition controls whether expungement relief is available. Maintaining the initial criminal charges were part of the same file that was disposed of through a plea agreement-allowing defendant to pay a civil penalty, the State asserts expungement cannot be permitted. The court disagreed and concluded petitioner was not convicted and the final disposition was not a plea agreement. Rather, the criminal charges were dismissed. Accordingly, expungement was permitted under N.J.S.A. 2C:52-6(a).

9. Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B. 436 NJ Super. 48 (App. Div. 2014)

The court held that expungement is not permitted by N.J.S.A. 2C:52-2(a), which allows expungement for a person convicted of a crime, where the petitioner had pleaded guilty to multiple briberies over the course of two days even though those crimes had a single purpose and even though they were memorialized in a single judgment of a conviction.

10 Hearsay at Rule 104 hearing not admission at trial for confession to driving State v. Harvey (App. Div. Decided September 9, 2014) A-2921-12T1 Unreported

Following trial de novo on the record of the Northfield Municipal Court, the Law Division judge found defendant guilty of driving while intoxicated and sentenced him as a third-time offender. The appellate panel finds that the procedure employed in the Law Division violated defendants rights to procedural due process and fundamental fairness. There was no basis for a 104 hearing on this record. Defendant was not seeking to suppress his statements to the arresting officer, nor did he assert that the officer lacked probable cause to arrest him for driving under the influence. The officer testified at the 104 hearing that he was dispatched to a doctors office in response to a call stating that defendant appeared intoxicated and was gonna drive home. Defendant made no objection to that testimony, which was not relevant to the issue before the municipal court, namely, whether defendant drank en route to the doctors office or after he parked the pick-up truck in the parking lot. That testimony, however, became relevant when the State advanced its alternate theory of operation before the Law Division and the judge relied on it in finding that the State proved defendants intent to drive away from the doctors office. The testimony was hearsay. The Law Division judge rejected defendants attempt to counter those proofs with the truncated testimony in the municipal court that he had arranged for someone else to drive him home and his offer to have that person testify in the Law Division. Because the Law Division determined that there was insufficient evidence to convict defendant under the only theory properly before it, namely that defendant drank en route to his doctors appointment, that ruling was an adjudication on the merits of the charge entitling defendant to an acquittal. The panel reverses defendants conviction and remands to the Law Division for entry of a judgment of acquittal. Source Daily Briefing - 9/10/2014

11. Calendar of events

Friday, March 13, 2015

Happy Hour & Networking Social

5:00PM - 7:00PM

Bar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Municipal Court College March 31 5:30-9 Law Center

May 7 Nuts and Bolts of Elder Law ICLE 7 5-9pm Law Center

Photo

Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court seminar

Photo Menzel, Murgado, Brigiani, Reinitz

1 Court cannot consider Sup Mt testimony unless agreed by defendant State v. Gibson

2. If mandatory 180 days without parole, cant get credit for inpatient State v. French

3. No jail for careless driving unless aggravating factors found

State v Palma

4. Failure to read refusal warnings not a defense to DWI State v Peralta

5. DWI offenses separated by more than ten years are eligible for step-down provision. State v. Revie

6. Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal

7. DL suspension should not be stayed after conviction unless findings of fact. State v Robertson

8. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H.

9. Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B.

10 Hearsay at Rule 104 hearing not admission at trial for confession to driving State v. Harvey

11. Calendar of events

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.

If the law firm or municipality no longer wishes to subscribe, please fax or mail us.

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Return to:

Kenneth A. Vercammen, Esq.,

Editor- NJ Municipal Court Law Review

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500

Tax ID # available

Winter 2010 Municipal Court Law Review

Winter 2010 Municipal Court Law Review

1. No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission __ NJ __

(A-86-08) 11-10-09

The unsafe driving ticket is no points for offense one and two. The 3^rd gives the driver 4 points, unless there is more than 5 years between the 2^nd and 3^rd offense. The Supreme Court held Under N.J.S.A. 39:4-97.2(e), the exemption provision for assessing motor vehicle penalty points for an unsafe driving offense that occurs more than five years after “the prior offense,” “the prior offense” refers only to the most recent preceding offense based on both a plain reading of the statute and a review of the legislative history. Thus, the Motor Vehicle Commission correctly imposed motor vehicle points on Patel for having a fourth unsafe driving conviction in 2007, only one year after the date of her prior, third, unsafe driving offense.

2. In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes State v Ugrovics

410 NJ Super. 482 (App. Div. 2009)

This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun 194 N.J. 54, cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.

3. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro ___ NJ Super ___ (App. Div. 2009) 14-2-6169 12/14/09

The court considered defendants appeal from the denial of a post-sentence motion to vacate his plea of guilty to driving while intoxicated. The motion was predicated on a claim that the state withheld exculpatory evidence, but by the time the motion was filed the evidence — a videotape recorded by the camera in the arresting officers patrol car — had been destroyed through reuse in accordance with the police departments procedures. Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001), and State v. Marshall, 123 N.J. 1, 107-09 (1991), the court concluded that defendant failed to establish that he would not have admitted to driving if he had access to the videotape prior to the plea, and the court further concluded that the denial of his motion was fully consistent with a proper application of the principles set forth in State v. Slater, 198 N.J. 145 (2009).

4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v. Tsetsekas ___ NJ Super ___ (App. Div.2009) 14-2-6170 12-14-09

The court reversed the Law Division conviction and required dismissal of the DWI charge due to a violation of defendants right to a speedy trial. The extensive delay in adjudicating this matter, caused solely by the states repeated lapses in preparation and the failure to secure its witnesses, infringed on defendants due process rights.

5. Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher 130 S. Ct 546 U.S. Supreme Court December 07, 2009 No. 09–91

In an assault prosecution, grant of petitioners motion to suppress evidence that he pointed a rifle at an officer when he entered his house is reversed where the officer did not violate the Fourth Amendment because he was responding to a report of a disturbance and encountered a tumultuous situation in the house, which justified a warrantless search under the emergency aid exception

6. Rebuttable presumption a road sign is properly posted State v Smith 408 NJ Super. 484 (App. Div. 2009)

Defendants conviction on trial de novo for violating N.J.S.A. 39:4-125 is affirmed because he turned his vehicle "around so as to proceed in the opposite direction on a highway" on which a "no U turn" sign was conspicuously posted. Defendant does not have to perform a "u turn." The West Annotated version of the statute contains an error. The "no U turn" sign need not be on a "state" highway, and therefore whether or not the road was a "state" highway was irrelevant, as there is a rebuttable presumption the statute was properly posted. As defendant was not entitled to assigned counsel, the fact he was improperly assigned counsel in the Law Division does not require vacation of the municipal conviction because he was not assigned counsel there.

7. Waivers of Forfeiture is Judicial Function. State v. Rone ___ NJ Super ___ (App. Div. 2009) 14-2-6128

A decision by the prosecutors office to waive forfeiture of office under N.J.S.A. 2C:51-2 is not analogous to prosecutorial decisions with respect to pretrial intervention and is not entitled to enhanced deference or judicial review. Waiver of forfeiture is a judicial function, not a prosecutorial one.

Photos p1 HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR October 26, 2009

Speakers include:

HON. JOAN ROBINSON GROSS, PJMC Union County

Chair 2009, Supreme Court Municipal Practice Committee

HON. JOHN J. COYLE, JR. JSC Warren County

MATTHEW REiSIG ESQ.

NORMA M. MURGADO, ESQ.

WILLIAM G. BRIGIANI, ESQ.

KENNETH A. VERCAMMEN, ESQ.

For Future seminars and purchase of Audio CD and book call New Jersey Institute for Continuing Legal (732) 214-8500

P3 HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR October 17, 2009 Mt. Laurel, NJ

Speakers include:

JOHN MENZEL, ESQ.

ROBERT A. GLEANER, ESQ. Prosecutor in Audubon and Stratford

KENNETH A. VERCAMMEN, ESQ.

WILLIAM G. BRIGIANI, ESQ.

HON. ROBERT J. ZANE, III, PJMC Camden County

For future seminars, call NJ ICLE at (732) 214-8500

______

Winter & Spring Community Events

Jan. 16 Bishop Ahr B.G.A. Wrestling Alumni

Jan. 23 Jersey Shore Triathlon Club Social

Jan. 25 NJ Bar Municipal Court Meeting

Feb. 20 NJ Bar Municipal Court Meeting

March 7 Belmar St. Patrick Parade

April 17 Widener Law Alumni – Philadelphia

April 19 NJ Bar Municipal Court Meeting 4pm

April 19 Municipal Court Seminar ICLE Fairfield

April 25 Bishop Ahr – St. Thomas – 40 Year Reception and mass

April 27 ICLE Nuts and Bolts of Elder

April 27 ICLE Nuts and Bolts of Elder Law

May 3 Municipal Court Seminar ICLE Law Center

May 19,20-21 National Police Week

August ? 25 year Anniversary of Ken’s graduation from Law School and passing bar exam

South Brunswick Varsity wrestling

2010 schedule

Wed	01/06/10	PERTH AMBOY
Thu	01/07/10	Woodbridge High School
Sat	01/09/10	@ Montgomery Township Schools
Sat	01/09/10	@ Old Bridge High School
Sat	01/16/10	Edison High School
Sat	01/16/10	Kittatinny Regional H. S.
Sat	01/16/10	Sayreville War Memorial High Sch
Tue	01/19/10	@ SOUTH PLAINFIELD HS
Sat	01/23/10	@ West Windsor-Plainsboro N.
Sat	01/23/10	@ Ewing High School
Sat	01/23/10	@ Princeton High School
Wed	01/27/10	@ EAST BRUNSWICK
Fri	01/29/10	@ GMC @PISCATAWAY
Sat	01/30/10	@ GMC @PISCATAWAY
Tue	02/02/10	Manalapan High School
Wed	02/03/10	SOUTH RIVER HS
Sat	02/06/10	NORTH BRUNSWICK
Sat	02/06/10	Arthur L. Johnson High School
Sat	02/06/10	Rutgers Prep School
Thu	02/11/10	SPOTSWOOD HS
Sat	02/13/10	Highland Park High School
Sat	02/13/10	Nottingham High School
Sat	02/13/10	Rancocas Valley Reg High School
Fri	02/19/10	DISTRICTS [Brendan V is defending champ 171]
Sat	02/20/10	DISTRICTS
Tue	02/23/10	@ Region V @ Hunterdon Central
Fri	02/26/10	@ Region V @ Hunterdon Central
Sat	02/27/10	@ Region V @ Hunterdon Central Brendan V is defending champ 171]

3/5-7 State wrestling Championships Atlantic City Convention Hall

11. Free Municipal Court forms

The program “HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR” was held October 26, 2009 sponsored by the New Jersey Institute for Continuing Legal Education NJ ICLE

CD with forms and Materials were provided to all attendees! If you could not attend and need some forms, Send an email to Kenvnjlaws@verizon.net and select up to five forms or motions you request. The materials will be sent to you within 4 days by Speaker Kenneth A. Vercammen, Esq.  Edison, NJ

Past Chair Municipal Court Section

2005 NJSBA Municipal Court Attorney

of the Year

Editor- NJ Municipal Court Law Review

Available Forms:

02 Lt of rep only

02 DISC

02a DISC to DMV

02d Disc Complainant

03D Retainer-MUN COURT

04 Hearing notice

100 Cross Exam Q-DWI

AG Guidelines binding

Appeal Fee Bill to Client

atty_guidelines_0505.pdf

Bail reduce Motion

Brief post convict vacate plea

Conditional Discharge Pet CDL

constructive poss

Court cannot handle discovery

Crim interview aba

crim- Specific defenses

Defense Affidavit to Client

DISC to Client from Prosecutor

DUI Motions non disc- jury

DWI- Blood defense brief

DWI- expert letter

DWS Fine reduced parking ticket

Expungement recommend

MIRANDA brief

More disc brief

Motion for Civil Reservation

Motion for Slap

Motion to be Relieved

Motion- Dismiss No disc mun Pros

Mun Ct Interview

MVC_ DMV - Follow-up Hearing

MVC_ DMV points for Atom

No discovery dismiss Brief

No Show in Court

OBJ TO LAB CERT

OPRA Brief Crim

Order mark try or dismiss

Order to be Relieved

Pros- missing abstract

Refusal Brief wrong statement

Storm Cert private pros

Sup-Miranda

SUPPRESSION MOTION

SUPPRESSION BRIEF

Chun discovery brief

Evening telephone consults for subscribers, police officers and court staff attorneys - Help for persons who read our newsletter-

Subscribers to our newsletter often have legal questions regarding their cases. We have updated our office policy to speak with attorneys in the evening and weekend regarding their cases. Since Kenneth Vercammen is in court every day, we call back from our cell phone and call your cell phones. Calls are returned after 5pm so it does not interfere with our client consults.

Our Professional Liability carrier recommends attorneys fax over the following to Fax#: 732-572-0030:

1. Detailed question written out

2. Relevant facts and location of court

3. Your cell phone number

Optional- Copy of legible ticket or hearing notice

This information will help Mr. Vercammen answer the question when he returns from court and allow the office to conduct a quick conflicts check. A fax is easy and the office staff does not have to get bogged down taking messages. All calls are returned within 72 hours, so don’t wait until the morning of your trial.

Index

1. No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission

2. In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes State v Urgrovics

3. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro

4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v. Tsetsekas

5. Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher

6. Rebuttable presumption a road sign is properly posted State v Smith

7. Waivers of Forfeiture is Judicial Function. State v. Rone

8. Photos p1 HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR October 26, 2009

9. Winter Community Events

10. Free Municipal Court forms

11. Subscription form

12 Evening telephone consults for subscribers, police officers and court staff attorneys

Sunday, July 5, 2020

What to Do if a criminal charge in South Amboy

Top 10

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 was out playing golf for a decade on the nicest courses in Florida.

4. Hire a trial lawyer at the first opportunity. Hire an experienced criminal lawyer. Don’t hire an ambulance chaser that mails you a solicitation letter advising they handle cases cheap, then sends a young attorney with no trial experience to handle the case. Remember, good things ain’t cheap, and cheap things ain’t good. [Zig Ziglar]

5. Borrow money from relatives and friends. You made need more money to hire a good attorney You may need money to hire investigators and experts.

6. Provide your attorney the Complaint. Provide Arrest report if provided.

7. Obtain names, addresses, phone number of your witnesses and provide to your attorney.

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 or show up the wrong day or time.

10. Please prepare and mail to my office a list of 15 reasons why the judge should not impose the maximum penalties or fines.

Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and serious motor vehicle violations.

1. Telephone consultation with client;

2. Office consultation with client;

3. Offer sound legal advice to client, plus access to our legal info website: www.njlaws.com

4. Preparation of Letter of Representation to Municipal Court;

5. Preparation of Letter of Representation to Municipal Court Prosecutor;

6. Preparation of statement to provide legal services;

7. Copies of all correspondence to Court and Prosecutor to client;

8. Opening of file and client may have free client case folder, Municipal Court brochure, MVC-DMV points brochure, and Website brochure;

9. Review of necessary statutes and case law;

10. Follow up with Prosecutor for discovery when suspension or jail is possible;

11. File applicable Motions, Prepare defense and mitigating factors;

12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;

13. Review documents supplied by client and court;

14. Travel to Court

15. Negotiations with the Prosecutor and Representation in Court.

16. Preparation of End of Case Letter and client questionnaire.

17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Estate Planning, Personal Injury

18. Free monthly update e-mail newsletter. Provide your email address;

19. Follow up telephone advice [If you call, provide the specific questions with the message].

20. Invitation to annual client socials/ seminars and Community events via email.

21. Hold and maintain file for seven years in storage as free client service.

When your career or driver's license is in jeopardy or you are facing thousands of dollars in fines, probation, penalties you need excellent legal representation.

Arrested or a criminal charge? Hire a real criminal defense attorney, not someone who sends you solicitation letters in the mail.

Kenneth Vercammen's Law Office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Try to Avoid Some of the Consequences of a Criminal Guilty Plea:

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. If you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. 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.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. 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.

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

8. You must wait many years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

- Obtain written proof of attendance at any substance abuse programs, AA, rehab, community service, etc. Phone calls not sufficient.

We recommend very strongly that you obtain letters from relatives or other individuals who know you who would be willing to write to the Court to indicate that there should not be incarceration. These letters should set forth favorable aspects regarding your life and your future. They should point out some of the good traits that you possess. They should also feel free to put any other reasons why the Court should impose the minimum penalties. The letter should include your name and complaint number.

South Amboy Municipal Court and Police Department

Directions From Ken Vercammen Law Office / NJ Personal Injury Law Center in Edison

Start out going EAST on CR-514/WOODBRIDGE AVE. toward RT. 287/RARITAN CTR.

Turn LEFT onto CR-529/PLAINFIELD AVE.

Turn RIGHT onto US-1.

Merge onto I-287 SOUTH toward I-95/PERTH AMBOY/RT. 440 SOUTH/NEW JERSEY TURNPIKE.

I-287 SOUTH becomes NJ-440 NORTH.

Merge onto US-9 SOUTH.

Take the exit toward PARKWAY SOUTH.

Stay STRAIGHT to go onto VICTORY PLAZA CIRCLE.

Turn SLIGHT RIGHT toward SOUTH AMBOY BUSINESS CENTER.

Turn SLIGHT RIGHT onto MAIN ST.

Turn LEFT onto BROADWAY N.

End at 140 N Broadway, South Amboy, NJ 08879

South Amboy Municipal Court

140 N. Broadway

South Amboy, NJ 08879

Court: 609-259-9206 Court Fax: 609-259-7530

Police Department: 609-259-3491

Approx Distance: 10 miles

Ken Vercammen was an award winner of the South Amboy Frog Hollow 5k race.

Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter

Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your driver’s license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney.

Kenneth Vercammen & Associates

Attorney at Law

2053 Woodbridge Ave

Edison, NJ 08817

www.njlaws.com

Criminal/ DWI/ Municipal Court Traffic/ Drug offenses

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