E 493 1. PTI Pre trial intervention 2. Double jeopardy bars 3. Welcome Summer Law Student
NJ LAWS EMAIL NEWSLETTER E493 Kenneth Vercammen, Attorney at Law
May 19, 2016
In this issue: 1) Recent cases: PTI Pre trial intervention can be reinstated. 2) Double jeopardy bars crime prosecution if a plea in municipal court. 3) Welcome Summer Law Student Law Clerks 2016 4) Free S
1. PTI Pre trial intervention can be reinstated State v AS-M__ NJ Super __(App. Div. 2016) The court held that a defendant terminated from the pre-trial intervention (PTI) program may be reinstated upon reconsideration. Such a reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances show the initial order terminating a defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43-13(e), including the obligation to undertake a "conscientious judgment" to (1) adequately consider whether the participant willfully violated the PTI conditions; and (2) determine whether the defendant remains a viable candidate for PTI under the original or modified PTI terms.
2. Double jeopardy bars crime prosecution if a plea in municipal courtState v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1 The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana. After defendant was indicted, he appeared pro se in municipal court via videoconference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing "practice," the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge. The court held that the subsequent prosecution and conviction on the indictable charge was barred under the "same evidence" test, which is still recognized under state constitutional principles. The court reasoned that the "fundamental fairness" doctrine did not apply, notwithstanding the State's failure to join the disorderly offense with the indictable charges and defendant's reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest.
3. Welcome Summer Law Student Law Clerks 2016Nicholas C. Idler WVU College of Law Brian Lutz Roger Williams Law Adam Cardile New York Law
4. Free Simple Will, Power of Attorney or Living Will during Police WeekTo recognize National Police Week May 10-16, Kenneth Vercammen's Law Office will provide a Free Simple Will, Living Will or Power of Attorney for active Jersey Police Officers. The details are attached. Appointments need to be scheduled by May 31. I appreciate the service provided by police who protect my family. We want to say thank you to local police. Please call for the free probate consultation and Will. I am the co-chair of the American Bar Association ABA Estate Planning and Probate Committee. The ABA founded the "Wills for Heroes" program. Ken Vercammen served as the prosecutor for Cranbury Township, Middlesex County for nine years. I established the Municipal Court Law Review to provide information on recent criminal and traffic cases to New Jersey police officers. We send out an email newsletter every two weeks if you are interested. Simple Will or Power of Attorney for Central Jersey Police Officers to honor National Police Week To recognize National Police Week, the Kenneth Vercammen Law Office will prepare a Simple Will for estates under $700,000 or Power of Attorney or Living Will/Advance Directive for Police Officers. We appreciate the service provided by police who protect my family. We want to say thank you to local police. I am a member of the American Bar Association. ABA has created the Wills for Heroes program. Call 732-572-0500 to schedule a free confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"): * State law determines who gets assets, not you * Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator * The Judge determines who gets custody of minor children * If you have no spouse or relatives, the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits within your family Call 732-572-0500 to schedule a confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. Must meet in person with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at: www.njlaws.com/will_Questionnaire.htm WHY SOMEONE ALSO NEEDS A POWER OF ATTORNEY? A Power of Attorney typically permits someone to pay your bills and handle your finances if you become disabled. No one plans on disability, but it is best to prepare ahead of time. A Power of Attorney (POA) is an appointment of another person as one's agent to pay bills and handle finances during disability I served as the prosecutor for Cranbury Township, Middlesex County from 1991-1999 and continue to work closely with my friends in Law Enforcement. KENNETH VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 [email protected] Contributing writer for the NJ Police Chief Magazine. Past President Middlesex Municipal Court Prosecutors Assoc Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9 Chair- ABA Estate Planning & Probate Committee Contributing writer for the NJ Police Chief Magazine. Past President Middlesex Municipal Court Prosecutors Assoc Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9 Chair- ABA Estate Planning & Probate Committee
5. Reflections on Memorial DayMemorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those that fell in service to their country. We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness. "If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay. Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW Memorial Day address