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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

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on Weekends 732-261-4005

Princeton Area
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Cranbury, NJ 08512
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Review of the Major Municipal Court Cases from 2013-2014

Nov 25th Municipal Court Practice CLE Seminar

When: Tuesday, November 25, 2014 2:00 PM until 4:00 PM Where: MCBA Office 87 Bayard Street New Brunswick, New Jersey 08901

Presenters: Kenneth A. Vercammen, Esq., Edison William G. Brigiani, Esq., East Brunswick

To Register: http://www.mcbalaw.com/event/id/465040/Nov-25th-Municipal-Court-Practice-CLE-Seminar.htm

Info Contact: MCBA Jonathan Cowles jcowles@mcbalaw.com

Phone: 732.828.3433, x. 102

Cost: $30-Young Lawyers; $40-MCBA Members; and $75-All Others

Click here to download a reservation form.

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit. Of these, 2.0 credits qualify for certification in municipal court law.

Some of the featured cases will include:

State v Kates - Defendant can be entitled to Adjournment to Select Own Counsel;

State v. Gibson - Police cant search just because person is in no loitering area;

State v. Coles - If Defendant detained, third persons consent to search no good;

State v. Lamb - Co-Occupant consent to search valid;

State v. Witt - Suppression granted where stop based on driver high beams on;

State v. Frye - Prior DWI counts for enhanced refusal;

State v. Jones - No warrant for DWI blood needed tickets issued before 2013;

State v. Sylvester - Driving While Suspended conviction upheld although DWI conviction vacated;

. . . and a review of the most significant cases from 2013.

Top New Laws: New law finally establishes a Conditional Dismissal for 1st time offenders in Municipal Court

BY KENNETH A. VERCAMMEN

1 Court cannot consider Suppression Motion testimony unless agreed by defendant State v Gibson __ NJ __ A-11-13

2 US Supreme Court requires warrant before taking of blood in DWI

Missouri v McNeely 133 S. Ct. 1552 (2013)

3 Police seeing defendant-smoking joint in open door justified the warrantless entry into defendants apartment and the seizure of the marijuana cigarette.

State v Walker 213 N.J. 281 (2013)

4 Sixteen-month delay for DWI inhibited defendants speedy trial right. State v Cahill 213 N.J. 253 (2013)

5 Bias statute requires proof of defendant intended bias, not victim perception. State v. Pomianek 213 N.J. 253 (2013)

6 Municipal Court Judge must recuse where there is an appearance of impartiality, not just actual conflict

Judge cant hear police cases in town where his son is a cop.

In the Matter of ADVISORY LETTER NO. 711 OF the SUPREME COURT ADVISORY COMMITTEE ON EXTRAJUDICIAL ACTIVITIES 213 NJ 63 (2013)

7 Investigator violated rules by destroying notes. State v. Dabas 215 NJ 114 (2013)

8 Sometimes AIR permitted mid trial where defense did not claim prejudice

State v Wolfe 431 NJ Super. 356 (App. Div. 2013)

9 Prosecution should not interfere with defense ability to interview witnesses

State v Blazas 432 NJ Super. 326 (App. Div. 2013)

10 Police Officer reading inaccurate refusal warning is not a defense to refusal charge

State v. ODriscoll 215 NJ 461 (2013)

11 Court must examine perceived attorney conflict before hearing motion to adjourn.

State v Vasquez 432 NJ Super 354 (App. Div. 2013)

12 Cellphone cant be tracked without warrant State v. Earls 214 N.J. 564 (2013)

13. No suppression of blood result from 2008 based on 2013 new case

State v Adkins 433 NJ Super. 479 (App. Div. 2013)

14. After eviction, tenant does not have expectation of privacy State v Hinton 216 NJ 211(2013)

15. The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency. State v Vargas 213 N.J. 301 (2013)

16. Denying Public defender client adjournment did not violate rights State v. Miller 216 NJ 76 (2013)

17. Failure by State Police to create and maintain a centralized statewide database not a violation of the Supreme Court Chun Order.

State v Chun 215 NJ 489 (2013)

18. Defendant can be entitled to Adjournment to Select Own Counsel. State v Kates 216 NJ 393 (2014)

19. Police cant search just because person is in no loitering area.
State v. Gibson 214 NJ 564 (2014)

20. In the Matter of Louis DiLeo 216 NJ 449 (2014)

The Judge should have adjourned trial for defendants to have an attorney

21. If Defendant detained, third persons consent to search no good. State v. Coles 217 NJ 467 (2014)

22. Co-Occupant consent to search valid. State v. Lamb

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

24 Suppression granted where stop based on driver high beams on. State v. Witt 435 NJ Super. 608 (App. Div. 2014)

25. Prior DWI counts for enhanced refusal. State v. Frye 217 NJ. 566 (2014)

26 Driving While Suspended Conviction Upheld Although DWI Conviction Vacated. State v. Sylvester __ N.J. Super. __ (App. Div. 2014

27. No warrant for DWI blood needed for tickets issued before 2013. State v, Jones __ NJ Super. __ (App. Div. 2014)

Supervising chemist can testify in vehicular homicide if they independently verified correctness of blood test results State v. Michaels __ NJ__ (2014)

29 Supervising chemist can testify in rape case if they independently verified correctness of DNA results State v. Roach __ NJ __ (2014)

30 Defendant has burden to timely to object to testimony by pathologist who did not perform the victims autopsy State v. Williams __ NJ__ (2014)

31 For unlicensed driver, cant get both fine and jail. State v. Carreon __ NJ Super. __ (App. Div. 2014)

Top new Laws:

New law finally establishes a Conditional Dismissal for 1st time offenders in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

No insurance Law 39:6 R-2 amended to provide discretion for no DL suspension


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

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

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

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

Our website www.KennethVercammen.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.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



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