Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court seminar Monday, October 27

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

Monday, October 27, 2014

5:30PM-9:00PM

NJ Law Center, New Brunswick

Speakers:   Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year

William G. Brigiani, Esq., Past President Middlesex County Bar

Hon. William D. Feingold, Esq.,  North Brunswick

John Menzel, Esq., Past Chair Municipal Court Section

Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth

                           Assistant Prosecutor-Woodbridge

Joshua H. Reinitz, Esq., Vice Chair Municipal Court Section

                 

Program Agenda

                 

5:30  Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)

6:00     Procedure: What to expect on your day in court (Joshua H. Reinitz, Esq.)

                  Procedural issues; driving while suspended; probationary drivers

6:25  The Prosecutor’s Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues (Norma M. Murgado, Esq.)

6:50  Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor

(Hon. William D. Feingold, JMC)

7:25  Recent court rules changes, defending drug cases and domestic violence cases                 (William G. Brigiani, Esq.)
7:55  Issues in DWI cases- DWI interview (10 min.); What defendant counsel   does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)

8:35        Point Counter Point on DWI

                 (John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq.         followed by panel interaction)

9:00        Questions

**Speakers invite questions during the break and after the conclusion of the program

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. 


        Includes sandwiches, dessert, a 400-page book, CD with sample forms, documents & checklists!

A special Q&A session: Ask the Experts

NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division


$160- $190 tuition depending on  NJSBA membership 

Seminar # S-1507-OOF4

Location: New Jersey Law Center

One Constitution Square

New Brunswick, NJ 08901

http://www.njicle.com/category.aspx?catid=2115#9687

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500

CustomerService@njicle.com

CAN'T ATTEND?   Contact NJ ICLE for CD, book, Video

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)   732-572-0030

https://www.facebook.com/events/335847353251010/

2C:20-3 . Theft by unlawful taking or disposition

2C:20-3 .  Theft by unlawful taking or disposition
      a.  Movable property.    A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

      b.  Immovable property.    A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit  himself or another not entitled thereto.

2C:17-3 Criminal mischief

2C:17-3 Criminal mischief

  a. Offense defined. A person is guilty of criminal mischief if he:

(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or

(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

b.Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.

(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00.  It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.

(3)Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.

(4)Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

(5)Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

(6)Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.

(7)Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service.  Criminal mischief is a crime of the second degree if the substantial interruption or impairment recklessly causes death.

(8)Criminal mischief is a crime of the fourth degree if the actor purposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances.

c.A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate.  If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

d.As used in this section:

(1)"Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.

(2)"Spray paint" means any paint or pigmented substance that is in an aerosol or similar spray container.

e.A person convicted of an offense of criminal mischief that involves the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings,  may, in addition to any other penalty imposed by the court, be required to pay to the owner of the property monetary restitution in the amount of the pecuniary damage caused by the damage or destruction.

2C:18-2 Burglary.

2C:18-2  Burglary.

2C:18-2   Burglary. a. Burglary defined.  A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;

(2)Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or

(3)Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

b. Grading.  Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1)Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2)Is armed with or displays what appear to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree.  An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.