NJ Laws Email Newsletter E259 November 2, 2007 Kenneth Vercammen, Attorney at Law In This Issue 1 Domestic Violence Not Guilty Does Not Bar Criminal Charge 2.
Traffic Ticket Served After 30 Days is Untimely
3.
Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Events 5. 11OFFICE SPACE Sub lease 6. Slip & Fall Accident 1 Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007). Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part. 2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007). The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:53a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:496, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007). After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:123(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:123(a) or N.J.S.A. 2C:123(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek
an indictment under either statutory provision.
4. Upcoming Events: Nov. 15 & 26 Piscataway Police Lecture Nov. 18
Barter Depot social NJ Expo Center, Edison
Nov. 19
Mun Drug, DWI, and Mun Seminar Sheraton, Woodbridge – see below
Nov. 23
Born to Run give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES Monday, November 19, 2007 1:00 PM to 4:00 PM Sheraton at Woodbridge Place, Iselin Penalties have increased for DWI and drug cases The alcotest 7110 is now part of DWI practice There are new municipal government rules GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING… • Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington • New laws, court rules and pending legislation • Drunk driving (DWI) – State implementation of the Alcotest 7110 breath test machine • License suspension • Plea agreements in drug cases • How to read a driver’s abstract when dealing with traffic violations
• Driving while suspended • Increased refusal penalties • Assault • How to impress the Court and not annoy the Court staff • Forms motions and demand letters • Criminal case law developments during the past year • The Rules of Professional Conduct: retainer agreements and professionalism …and more This “nuts and bolts” guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into 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. New Jersey Institute for Continuing Legal Education Program # S525h13770 One Constitution Square, New Brunswick, New Jersey 089011520 Phone: (732)2148500 Fax: (732)2490383 • CustomerService@njicle.com
The nonprofit continuing education service of: The New Jersey State Bar Association Rutgers The State University of New Jersey Seton Hall University Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA
Young Lawyers Division
5. 44OFFICE SPACE Sub lease 2053 Woodbridge Ave, Edison, NJ Good for professional’s branch office or new attorney. 2 rooms left Available December 1, 2007 Call 7325720500
6. If You Are In A Slip & Fall Accident, We Can Help
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the accident. If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident can be vital to your claim.
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We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations. "Celebrating more than 21 years of providing excellent service to clients 19852007" Former Prosecutor This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com. Free T shirts and soda can holders available for all current and past clients. Please come into office. Editor's Note and Disclaimer: All materials Copyright 2007. Please share the information on the NJ Laws Newsletter and website. We permit you to forward the newsletter with anyone interested in these issues, provided the name and address of the Kenneth Vercammen Law Office is included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 7325720500 (Fax) 7325720030 website: www.njlaws.com Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court