Bill to decriminalize pot approved by N.J. Assembly. Next is Senate vote. Instead of arrest, a $50 fine.

Bill to decriminalize pot approved by N.J. Assembly. Next is Senate vote. Instead of arrest, a $50 fine.

A1897/4269 (ACS) Provides for certain criminal and civil justice reforms, particularly with respect to legal consequences associated with certain marijuana and hashish offences as well as broadening awareness of available expungement relief.*

STATEMENT TO
ASSEMBLY COMMITTEE SUBSTITUTE FOR 

ASSEMBLY, Nos. 1897 and 4269 JUNE 15, 2020 

The Assembly Community Development and Affairs Committee reports favorably an Assembly Committee Substitute for Assembly Bill Nos. 1897 and 4269. 

This substitute bill would provide for various “social justice” reforms, some based on criminal justice and others based on civil justice, which would reduce the legal consequences associated with certain marijuana and hashish offenses as well as broaden awareness of available expungement relief, concerning both marijuana and hashish offenses and more generally. 

Regrading Marijuana and Hashish Offenses 

The bill would address the manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense (hereafter shortened to just distributing, which includes possessing or having under control) less than five pounds of marijuana or less than one pound of hashish, by either regrading the offense or altering the threshold amounts for grading an offense. 

Under current law, distribution of less than five pounds, but at least one ounce or more, of marijuana, or distribution of less than one pound, but at least five grams or more, of hashish, is punishable as a crime of the third degree; this crime can be punished by a term of imprisonment of three to five years, a fine of up to $25,000, or both. Distribution of any smaller amounts, that is, less than one ounce of marijuana or less than five grams of hashish, is punishable as a crime of the fourth degree; this crime can be punished by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. See N.J.S.2C:35-10, subsection b., paragraphs (11) and (12). 

The bill would either regrade or alter the threshold amounts for grading an unlawful distribution offense involving less than five pounds of marijuana or less than one pound of hashish as follows: 

- one pound or more but less than five pounds of marijuana, or one-half pound or more but less than one pound of hashish would be a crime of the third degree (three to five years imprisonment; up to $25,000 fine; or both); 

- two ounces or more but less than one pound of marijuana, or five grams or more but less than one-half pound of hashish would be a disorderly persons offense based on a first offense (up to six months imprisonment; up to $1,000 fine; or both), and would be a crime of the fourth degree for a second or subsequent offense (up to 18 months imprisonment; up to $10,000 fine; or both); and 

- less than two ounces of marijuana, or less than five grams of hashish would be an unlawful act subject only to a civil penalty of $50. This penalty would be recovered in a summary proceeding before the municipal court having jurisdiction, and would get paid into the treasury of the municipality in which the violation occurred for the general use of the municipality. 

The bill would also regrade or alter the threshold amounts for grading the unlawful possession of marijuana or hashish. First, the maximum amount constituting a small amount marijuana possession violation under paragraph (4) of subsection a. of N.J.S.2C:35-10 would increase from 50 grams (1.76 ounce) or less to two ounces or less (the amount constituting a small amount hashish possession violation under this paragraph would remain the same, at five grams or less). Second, possession of this amount of marijuana or hashish would be reduced from a fourth degree crime or disorderly persons offense, depending upon the amount possessed in accordance with the pre-reform possession categories, to an unlawful act subject only to a civil penalty of $50; and the bill would establish a legal presumption that the possession of such amount of marijuana or hashish is the authorized possession of medical cannabis or a medical cannabis product in accordance with the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.), or the authorized possession of such amount in accordance with P.L.2015, c.158 (C.18A:40-12.22 et al.). If the presumption can be overcome, by a preponderance of evidence, that a substance possessed was illegal marijuana or hashish, the $50 civil penalty may be imposed. The civil penalty would be recovered in a summary proceeding before the municipal court having jurisdiction, and would get paid into the treasury of the municipality in which the violation occurred for the general use of the municipality. 

Reducing the Legal Consequences of Certain Marijuana and Hashish Offenses 

No court would have jurisdiction over any charge, including any charge of delinquency, except to the extent required to dismiss, withdraw, or terminate the charge, based on a prior small amount distribution or possession violation that would now only be punishable by a civil penalty, unless a final judgment of conviction or adjudication of delinquency had been entered on or before the bill’s effective date. These non-prosecutable charges and cases would be expeditiously dismissed, which could be accomplished by appropriate action by a law enforcement agency, or on a motion to the court with jurisdiction over a case, or the court’s own motion, based upon guidelines or directives issued by the Attorney General, the Administrative Director of the Courts, and the Supreme Court. 

Any past, present, or future charge, conviction, or adjudication of delinquency for an even broader array of marijuana and hashish offenses would not be considered whenever the Pretrial Services Program established by the Administrative Office of the Courts conducted a risk assessment on a person for the purpose of making recommendations to a court about an appropriate pretrial release or pretrial detention decision for that individual in accordance with sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.). These non-considered offenses would include: 

- unlawful distribution of less than five pounds of marijuana, or less than one pound of hashish, in violation of paragraph (11) or (12) of subsection b. of N.J.S.2C:35-5, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building; 

- obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of any amount of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., subsection b., or subsection c. of N.J.S.2C:35-10; or 

- a violation involving any of the aforementioned offenses and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2. 

The bill would also establish grounds for post-conviction relief due to a past conviction or adjudication of delinquency for any of the above described marijuana or hashish offenses, which would permit an opportunity to have a sentence reduced or changed as permitted by the court. 

New Form of “Virtual” Expungement for Certain Marijuana and Hashish Offenses 

Beginning immediately upon the enactment of the bill, any arrest, charge, conviction, or adjudication of delinquency, and proceedings related thereto, for any of the above described broad list of marijuana or hashish offenses that occurred prior to the bill’s effective date would be deemed not to have occurred (other than, generally, with respect to the consequences of any sentence set forth in a judgment of conviction), providing such legal relief without need to petition a court for an expungement order granting such result. While persons would be able to respond to questions about such past occurrences accordingly, information about such would still need to be revealed if seeking employment within the judicial branch or with a law enforcement or corrections agency, and the record would be subject to review in accordance with N.J.S.2C:52-15 et seq. 

Promoting Awareness of the Expungement Process The Administrative Director of the Courts would: 

- develop and maintain information, to be provided to a person upon request, about the expungement process and legal services programs Statewide and in each county which may be available to assist the person with an expedited expungement, pursuant to section 5 of P.L.2019, c.269 (C.2C:52-5.1), for the various marijuana and hashish distribution, possession, and drug paraphernalia offenses described above under the statement subheading Reducing the Legal Consequences of Certain Marijuana and Hashish Offenses, or a “clean slate” expungement, which generally addresses a person’s entire criminal record, pursuant to section 7 of P.L.2019, c.269 (C.2C:52-5.3); and 

- develop a multilingual public awareness campaign to promote awareness of the expungement process, as well as information on State, local, nonprofit and other private job training programs in consultation with the Department of Labor and Workforce Development, with a focus on assisting those persons eligible for an expedited expungement or “clean slate” expungement. 

Civil Justice Reforms 

In addition to the above described criminal justice relief largely focused on marijuana and hashish offenses and broadening awareness of the expungement process for clearing records, the bill would provide an array of civil protections against discrimination targeting persons with an arrest, charge, conviction, or adjudication of delinquency involving any of the aforementioned marijuana and hashish distribution, possession, and drug paraphernalia crimes or offenses (see list under statement heading Reducing the Legal Consequences of Certain Marijuana and Hashish Offenses), or targeting persons with a civil penalty for committing an unlawful act of distribution or possession with marijuana or hashish. These protections would include monetary penalties, enforceable by the State, against employers regarding employment actions or persons involved with mortgage lending activities, as well as a private cause of action for discrimination in public or private housing, real property, or any place of public accommodation. 

Lastly, the bill would make confidential, and no longer a government record subject to public inspection under P.L.1963, c.73 (C.47:1A-1 et seq.), the portion of any criminal record concerning a person’s detection, apprehension, arrest, detention, trial or disposition for any of the aforementioned crimes or offenses, or any record concerning a person’s commission of any of the aforementioned unlawful acts subject to a civil penalty. 

https://www.njleg.state.nj.us/2020/Bills/A2000/1897_S1.PDF

NJ Municipal courts are back in (Zoom) Session

NJ Municipal courts are back in (Zoom) Session

We are helping clients by resolving cases while courts physically closed due to Covid

1.  After attorney is retained, a Letter of Representation is sent to both court and the prosecutor.

2.  We call court to confirm letter received, then ask court which prosecutor is handling the case. Many towns have more than one prosecutor.

3.  We email the prosecutor a proposed reduced charge plea.

4.  After plea deal with prosecutor is confirmed, we prepare a Defense by Certification/ Plea by mail. Often the prosecutor will also email a plea form  to also be agreed by the person charged.

5.  Plea forms are signed by the person charged [the client], then emailed to both court and prosecutor.

6.  For regular traffic tickets, the court will often accept the client’s sign plea form without an appearance on Zoom.

7.  For all criminal charges and serious traffic that are resolved, the court will require an appearance by Zoom, telephone or Microsoft teams. 

8.  We recommend clients review their traffic history and municipal court history for free online prior to the hearing if the judge asks them about prior tickets. https://portal.njcourts.gov/webe5/MPAWeb/index.jsp

You do not need a password to login 

You can Search by: 

Drivers License Number    [for all your traffic violations]

Full Name [for all your traffic violations]

9. After case is resolved, pay by check or online https://portalnjmcdirect-cloud.njcourts.gov/prweb/PRServletPublicAuth/wQ2guhy8lqKPggD8pVI7RLYVZ9vxwNMF*/!STANDARD?AppName=NJMC&fromBrowserHistory=true.

10. Trials and motions with witnesses must wait until physical court sessions resume, unless defendant and attorney consent. I do not recommend zoom trials or motions.

Gerd defense in DWI not proven here State v GINDHART

Gerd defense in DWI not proven here
STATE OF NEW JERSEY,

         Plaintiff-Respondent,

v.

GEORGE GINDHART,

     Defendant-Appellant.
___________________________

                   Submitted March 3, 2020 – Decided May 11, 2020

                   Before Judges Gilson and Rose.

                   On appeal from the Superior Court of New Jersey, Law
                   Division, Cape May County, Municipal Appeal No. 12-
                   11-17.

NOT FOR PUBLICATION WITHOUT THE
                               APPROVAL OF THE APPELLATE DIVISION
        This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
     internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.




                                                        SUPERIOR COURT OF NEW JERSEY
                                                        APPELLATE DIVISION
                                                        DOCKET NO. A-3345-18T4



PER CURIAM
       Following a trial in the municipal court and a trial de novo on the

municipal court record in the Law Division, defendant George Gindhart was

convicted of driving while intoxicated (DWI),  N.J.S.A. 39:4-50, and sentenced

as a third-time offender. As part of his sentence, the court revoked defendant's

driver's license for ten years, required him to serve 180 days in the county jail,

ninety of which could be served in an in-patient program, and referred him to

the Intoxicated Driver Resource Center.

      Defendant appeals and argues that the Alcotest, on which his conviction

was based, was unreliable for two reasons. First, he contends that the testing

procedures were not video recorded. Second, he suffers from gastroesophageal

reflux disease (GERD) and argues that condition may have contaminated the

breath samples. We reject both these arguments and affirm.

      In the Law Division, Judge Sarah Beth Johnson made detailed findings of

fact, which she set forth in a thorough written opinion issued on January 9, 2019.

Our review of the record establishes that all those findings are supported by

substantial credible evidence in the record. Accordingly, we need not detail the

facts and will only give a brief summary.

      On January 28, 2016, defendant had two encounters with Police Officer

Thomas Flounders and Police Officer Jerald Garriott in North Wildwood. He


                                                                         A-3345-18T4
                                        2
 was first found in his car outside his vacation home at approximately 1:00 a.m.

in the morning. Both officers smelled alcohol and noted his slurred speech.

Officer Flounders also observed that defendant had bloodshot eyes. Officer

Garriott directed defendant to go into his home and not to drive. Approximately

one hour later, Officer Flounders saw defendant's car driving on a road without

its headlights on. The officer followed the car and saw it run a stop sign. Officer

Flounders then signaled for the car to pull over and called Officer Garriott to

join him. The officers again noted that defendant smelled of alcohol, had slurred

speech, and bloodshot eyes. Defendant was directed to engage in several field

sobriety tests that he failed. Accordingly, the officers arrested defendant on

suspicion of driving while under the influence of alcohol.

      At the police station, defendant agreed to take an Alcotest.         Officer

Garriott then conducted the appropriate pre-testing procedures, including

observing defendant for twenty minutes. The test results showed that defendant

had a blood alcohol concentration of .13 percent.

      At the trial in the municipal court four witnesses testified. The State

called Officer Garriott and Officer Flounders and defendant testified and called

an expert witness. The municipal judge and the Law Division judge found both

officers credible. Both judges also found that defendant was not credible in


                                                                          A-3345-18T4
                                        3
 some of his testimony and was particularly not credible in describing the

symptoms and effect of his GERD.

      As already noted, on this appeal defendant makes two arguments. First,

he contends that we should create a new rule requiring that the administration

of Alcotests be video-recorded and, if they are not, an adverse inference should

arise that the procedures were not properly followed. Second, defendant argues

that the Law Division erred in not accepting his testimony and his expert's

testimony that his GERD may have contaminated the Alcotest. As previously

noted, we are not persuaded by either of these arguments.

      We apply a deferential standard of review when reviewing the factual

findings and credibility findings following a trial de novo in the Law Division.

State v. Locurto,  157 N.J. 463, 470-71 (1999); State v. Adubato,  420 N.J. Super.
 167, 176 (App. Div. 2011). Accordingly, we will not disturb factual findings

that are supported by sufficient credible evidence in the record. Adubato,  420 N.J. Super. at 176 (quoting State v. Johnson,  42 N.J. 146, 162 (1964)). Where

both a municipal judge and a Law Division judge have found a witness credible,

we owe particularly strong deference to the Law Division judge's credibility

findings. Locurto,  157 N.J. at 474 (citing Midler v. Heinowitz,  10 N.J. 123,

128-29 (1952)). We review the Law Division judge's legal conclusions de novo.


                                                                        A-3345-18T4
                                       4
 See State v. Rivera,  411 N.J. Super. 492, 497 (App. Div. 2010) (citation

omitted).

      Defendant's first argument presents a question of law. He argues that we

should create a new rule and require the State to videotape the administration of

an Alcotest if video equipment is available. If the State fails to create such a

video record, defendant contends that an adverse inference should arise tha t the

State did not fully comply with the procedural requirements established in State

v. Chun,  194 N.J. 54 (2008). In making his argument, defendant tries to draw

an analogy to the rules requiring or permitting contemporaneous electronic

recording of custodial interrogations and out-of-court identifications. See R.

3:17 (requiring electronic recording of custodial interrogations when the suspect

is charged with certain crimes such as murder and kidnapping); R. 3:11

(allowing electronic recording of out-of-court identifications "if feasible").

      We reject defendant's argument for several reasons. First and foremost,

our Supreme Court has never required such video recordings of Alcotests. As

demonstrated in Chun and its progeny, the procedures for the Alcotest have been

zealously debated and rigorously reviewed. See State v. Cassidy,  235 N.J. 482

(2018); State v. Kuropchak,  221 N.J. 368, 383-84 (2015) (holding that Alcotest

readings are reliable and laying out the "mandatory guidelines for establishing


                                                                          A-3345-18T4
                                        5
 the Alcotest's reliability").   The Court has imposed numerous procedural

requirements but never required the recording of the administration of the

Alcotest.

      Second, we discern no good public policy reason for requiring such a

recording procedure. The State has the burden to establish that the Alcotest is

properly administered and the equipment is properly tested and in working

order. See State v. Campbell,  436 N.J. Super. 264, 270 (App. Div. 2014)

(quoting Chun,  194 N.J. at 134). Adding a recording requirement would impose

a burden with no showing that it would improve the administration of the test.

Moreover, it would run counter to the well-established policy of New Jersey

discouraging drunk drivers by imposing a procedure that has no clear benefit.

      Finally, as demonstrated by this case, defendant's right to a proper

administration of the test is protected by the current procedures and there is no

need for an additional requirement. Judge Johnson found that the State had

presented clear and convincing evidence that Officer Garriott was properly

certified to perform such tests, observed defendant continuously for twenty

minutes immediately prior to taking his breath samples, and credibly testified

that defendant did not put anything in his mouth, hiccup, belch, or do anything

else that would have required restarting the observation period. Accordingly,


                                                                         A-3345-18T4
                                       6
 the officer conducting the Alcotest complied with all the procedures required by

Chun.

        Defendant's second argument is essentially a fact argument. Defendant

contends that he suffers from GERD and that condition may have contaminated

his breath samples. Judge Johnson rejected that argument based on factual

findings. First, she agreed with the municipal judge and found defendant to be

incredible regarding his descriptions of his symptoms of GERD at the time of

his arrest. Second, Judge Johnson rejected defendant's expert's testimony. In

that regard, defendant called Dr. Lance Gooberman as an expert witness. Dr.

Gooberman is a medical doctor who is a general practitioner specializing in

addiction medicine with experience in dealing with the effects of alcohol and

other drugs on the human body.

        Dr. Gooberman testified that the breath of someone suffering from GERD

could be continuously contaminated with alcohol from the stomach and that the

contamination might not be detected by the Alcotest. Judge Johnson rejected

that testimony as a net opinion because it was not based on any scientifically

reliable evidence supporting the assertion that GERD causes falsely elevated

Alcotest readings.    In making that finding, Judge Johnson noted that Dr.

Gooberman acknowledged that he had performed no scientific research himself


                                                                        A-3345-18T4
                                       7
 and he was relying on a 1987 study from Australia that predated the special

master's report leading to the Chun decision.

      We agree with Judge Johnson that Dr. Gooberman's testimony in this

matter was a net opinion not supported by scientifically reliable data or research.

See N.J.R.E. 703; State v. Townsend,  186 N.J. 473, 494-95 (2006). Indeed, Dr.

Gooberman acknowledged that his opinion that defendant's Alcotest reading was

consistent with alcohol contamination from GERD was unsupported by

scientific research.

      Affirmed.

E599

E599
1. The Living Will and Being Prepared in the Time of COVID
2. Woodbridge Library & Metuchen Library Wills, Estate Planning & Probate Seminar upcoming on zoom
3. Memorial Day
4. Roadside statements inadmissible were improper roadside stop State v. Alessi

1. The Living Will and Being Prepared in the Time of COVID
 The Home News Tribune on May 12 had an excellent article on End of Life directives in Living Wills. This is a challenging time. There are many things that are out of our control. But there are some things we can do to help us be prepared - both for ourselves and the people we care about. Here are three important things each of us can do, right now, to be prepared.
Pick your person to be your health care decision maker
Choose a health care decision maker (often known as a proxy, agent, or health care power of attorney) [usually spouse or child] - a person who will make medical decisions for you if you become too sick to make them for yourself.
Have a talk with your health care decision maker to make sure they know what matters most to you. [usually spouse or child]
  Phone calls or video chats are good if you don't live with that person.
Source https://theconversationproject.org/wp-content/uploads/2020/04/tcpcovid19guide.pdf
      Have a Living Will prepared.
Talk about what matters most to you
Talk with your important people and decision maker about what matters most.
Think about what you would want if you became seriously ill with COVID-19
    People who are older or have chronic medical conditions are more likely to become very sick if they get COVID-19. Some will recover with hospital care, but even with ventilator support many will die. Think about what you would want if you became very sick at this time:
© [2020] The Conversation Project Source https://theconversationproject.org/wp-content/uploads/2020/04/tcpcovid19guide.pdf
https://creativecommons.org/licenses/by-sa/4.0/
Who would you want to make medical decisions for you if you were unable to make them for yourself?
Ahealth care proxy (also called a health care agent or Power of Attorney for Health Care) is the person you choose to make health care decisions
for you if you're too sick to make them for yourself . Your proxy can talk with your doctors, consult your medical records, and make decisions about tests, procedures, and other treatment .
We cannot overstate the importance of choosing a proxy . Too many people - including half of all the people over 65 who are admitted to a hospital - are unable to make decisions for themselves.

Make sure you have chosen someone you trust to speak for you in case you are unable to speak for yourself!
USEFUL DEFINITIONS
It can be hard to keep track of the various names that are used - both for the PERSONyou choose and the DOCUMENT you fill out. Here's the gist:
Names for the PERSON you choose:
Health care proxy: The person you choose to make decisions about your medical care if you become unable to make them for yourself (My brother is my health care proxy.)
Health care agent: Same as above (My brother is my health care agent.)
Source https://theconversationproject.org/wp-content/uploads/2020/04/tcpcovid19guide.pdf
 "It's always too soon, until it's too late."
Up until age 18, your parent or legal guardian usually serves as your proxy . But once you turn 18, your parents are no longer your automatic health care proxy .So everyone age 18 or older should complete a health care proxy form - even if they're perfectly healthy. If you're over 18 and haven't yet chosen a proxy, the time is now!
It's good to review your choice of proxy at the start of each decade - when you turn 20, 30, 40, 50, 60, 70...
   Review your Living Will:
When you get married or divorced
When you have children
When you become eligible for Medicare
When you are going on a major trip
When you are newly diagnosed with a serious illness
Source https://theconversationproject.org/wp-content/uploads/2020/04/tcpcovid19guide.pdf
     WHO might be a good choice to be your proxy?
Mother/Father Spouse/Partner Son/Daughter Sister/Brother Friend
It's generally advisable not to name two people to serve as co-proxies - because if they disagree, the situation can become complicated.
Sometimes it is difficult for a partner or spouse to be a proxy.
For example, they may find it too difficult to agree to ending treatment for their loved one, even when you have made your wishes very clear . In this case, it might be wiser to choose someone else .
Institute for Healthcare Improvement www.ihi.org www.theconversationproject.org

2. Woodbridge Library Wills, Estate Planning & Probate Seminar upcoming on zoom
  June 15, 2020 at 7pm is now a Live on Zoom event
Login Details upcoming at https://woodbridgelibrary.org

Metuchen Library Wills, Estate Planning & Probate Seminar will be June 10 at 6:30pmvia Zoom online
Login details upcoming at https://www.metuchenlibrary.org

3. Memorial Dayis a federal holiday in the United Statesfor remembering the people who died while serving in the country's armed forces
Memorial Day is not to be confused with Veterans Day; Memorial Day is a day of remembering the men and women who diedwhile serving, while Veterans Day celebrates the service of all U.S. military veterans.
https://en.wikipedia.org/wiki/Memorial_Day
  Memorial Day is a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms.
Unfortunately in 2020, parades we participated in 2019 had to be cancelled. We still 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.  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
4. Roadside statements inadmissible were improper roadside stop State v. Alessi (A-41/42-17)
The Court considers whether the police may pull over a driver for questioning in furtherance of an investigation without reasonable suspicion that she committed a crime or traffic violation.
HELD: The circumstances of this case do not legitimize the stop. Law enforcement must have reasonable and articulable suspicion of a traffic violation, the commission of a crime, or unlawful activity before executing a traffic stop. Accordingly, the roadside statement given by defendant during the unlawful stop should have been excluded at trial, and the Court affirms the Appellate Division's reversal of her convictions for hindering apprehension and false reporting. Because defendant's roadside statement permeated the trial, severely affecting her credibility and ability to mount a defense to the separate burglary charge, that conviction is reversed as well.
1. Courts evaluate the totality of the circumstances to determine whether an officer had a reasonable suspicion that justified an investigatory stop. The Court reviews cases in which it has determined the constitutionality of a stop where the officer's suspicion was not based on an observed traffic violation and notes that those decisions reveal a highly fact-intensive inquiry.
2. Based solely on the knowledge available to Donaruma at the time he pulled defendant over, he could not have reasonably suspected defendant participated in a crime. Donaruma testified on remand that defendant was not the target of his investigation or even a suspect at the time he stopped her. Donaruma stopped defendant to develop his investigation into Izzo. From an objective perspective, defendant's actions on the post office surveillance footage were not reasonably more consistent with guilt than innocence. That defendant did not respond to the officers' calls or visits does not alter that conclusion; as the trial judge noted, there was no testimony that Donaruma became suspicious due to defendant's elusive behavior. A law enforcement officer cannot use an automobile stop merely for the purpose of a police interview and without observing a traffic violation or having a reasonable suspicion of other criminal activity. Because the stop in this case was unconstitutional, the Court does not address defendant's additional argument that the scope of the stop was unreasonable. 
3. Courts will not exclude evidence sufficiently attenuated from the taint of an unconstitutional stop. The Court reviews the three factors in an attenuation analysis and determines defendant's statement to Donaruma was not so attenuated from the initial stop as to avoid application of the exclusionary rule. Without that statement, defendant's convictions for false reporting and hindering apprehension cannot stand.
4. Finally, the Court reviews the application of defendant's roadside statement to her burglary charge. Defendant's guilt hinged on whether she had permission to enter Izzo's truck. If the jury believed defendant's version of events over Izzo's, then it would not have found defendant guilty of burglary. Yet, this was unlikely in light of the State's exploitation of contradictions between defendant's roadside statement and the statement she gave later, with counsel present. Additional facts in the record support defendant's claim that she had permission to enter the truck, and Izzo had his own credibility issues. Had the trial court initially excluded defendant's roadside statement, defendant's credibility would have remained intact because the State would never have had the opportunity to highlight the falsehoods she told Donaruma. The admission of the roadside statement was "clearly capable of producing an unjust result," R. 2:10-2, because there is reasonable doubt as to whether the jury would have found defendant guilty of burglary in its absence. The Court does not pass judgment on the merits of whether defendant burgled Izzo's truck.
The judgment of the Appellate Division reversing defendant's convictions of hindering apprehension and false reporting is AFFIRMED, defendant's conviction for burglary is REVERSED, and the matter is REMANDED.

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E588 1. Have your unsigned Will "notarized" this week. 2. Where to put your original Will, Power of Attorney and Living Will? 3. For Traffic tickets and Municipal Court, we can appear for you without you having to go to court. 4. Will and Power of Attorney short form for you and family that already don't have proper documents done. 1. Have your unsigned Will "notarized" this week.      Vercammen Law is back in the law office. Have you not signed your Will, Power of Attorney or Living Will? On Friday, May 15 we will be signing Wills for clients in the parking lot at the safe distance. Weather permitting, by appointment, Ken V will be available to notarize/ take the oath on documents we have prepared. Bring your own pen, mask etc.  Print out your documents. Initial every page of the Will before two witnesses watching seven feet away, then the witnesses sign, then attorney signs. A spouse can be witness #2. 2. Where to put your original Will, Power of Attorney and Living Will? A popular website addressed making sure the original documents are accessible to the Executor.  After you've created a Will, the next decision is where to store the will so that your executor can easily find the original document when needed. Because the executor will need the original will to handle your affairs efficiently, a will should be stored in a safe and accessible place and the executor should know exactly where it is kept.    Not being able to get a hold of the original copy of your will can end up being a nightmare for your beneficiaries, both emotionally and financially. Below are ways to store the original copy of your last will and testament so that it is accessible to your executor after you are gone. Best- Keep your original Will a fireproof box in your bedroom, under the bed or in your closet Good: Have Executor #1 keep the originals in their house. The original Will is property of the client so Attorneys typically do not keep the original. The exception is where the attorney is the Executor when the person does not have nearby family to serve as Executor, Bad: A Bank safe deposit box. During the Covid shut down, the public was barred from banks. Also, you may need the Living Will on a weekend or evening if there is an emergency. The bank is not going to open up for you on the weekend.          Wills are not filed prior to death with any New Jersey office. A scanned will cannot be admitted to probate by the Surrogate. It is a good idea to email copies of your documents to family, Executors, Trustee, Guardian and children if appropriate. Also email the Living Will to doctors. 3. For Traffic tickets and Municipal Court, we can appear for you without you having to go to court.TheMunicipal Court Defense by Certification Rule 7:12-3 was relaxed and increases ability for attorney to appear on your behalf without you going to court.  We will also help set up appearances by Zoom in more serious cases.   Defense by Affidavit or Certification Program - We Go to Court if you don't want to go in Metuchen, Edison, East Brunswick, Woodbridge, North Brunswick, South Brunswick, Milltown DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT.  Email us if you have a pending traffic or municipal court case. 4. Will and Power of Attorney short form for you and family that already don't have proper documents done. Please type up response to Short form Will interview form q and email back to Vercammenlaw@njlaws.comto have us start your documents. Thank you PLEASE type and email back 1.     Your Full Name ____________________    2.  Your Street  Address: ____________________________________        3 City _______________________ State ____   Zip Code ______________                4.    Telephone Numbers:                  Cell: _______________________________   other #  _____________________     Executor 1 Name: _________________________     _____________________ First                           Last  Relationship: _______________  Address: ________________________ 2. SECOND Choice of Executor/Personal Representative in Power of Attorney:          This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve. Name: _________________________     ____________________ First                           Last      In the Will- Who do you want to get your assets? Beneficiary (1) _______________________   Relationship ____________ Beneficiary (2) _______________________   Relationship _____________ Who receives your estate if any beneficiary predeceases you? ________ Minimum fee for Last Will and Testament preparation for retired persons is $350 Lexi dog will also be visiting and greeting persons. Friends and clients can help us by.... Helping us with a review on Google https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook   https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/ Help us with a review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison Help us with a review on Avvo https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html

Kenneth Vercammen & Associates, 2053 Woodbridge Avenue, Edison, NJ 08817

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Revised E587 1. Watch on YouTube Piscataway Library Wills & Power of Attorney Seminar  2. Supreme Court Order To resume Municipal court sessions video or phone etc 3. How to determine the hearing date of your Municipal Court case 4. More short Educational YouTube videos 5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and professionals involved in Estate Planning NJ Bar Association on Zoom     1. Wills & Power of Attorney Seminar Piscataway Library Posted at https://www.youtube.com/watch?v=lTXcWdOd2yo Recorded on  Zoom.com  Not fancy, but best library could do under the circumstances 2. Supreme Court Order To resume Municipal court sessions video or phone etc NOTICE TO THE BAR April 24 COVID-19- SECOND OMNIBUS ORDER ON COURT OPERATIONS AND LEGAL PRACTICE - MORE OPERATIONS TO BE CONDUCTED REMOTELY; LIMITED DISCOVERY EXTENSIONS AND TOLLING PERIODS         The New Jersey courts are committed to continuing court operations during and after the COVID-19 public health emergency. To that end, the Supreme Court today announced the next phase of remote court operations and legal practice. A copy of the Court's April 24, 2020 Second Omnibus Order is at https://www.njcourts.gov/notices/2020/n200424a.pdf?c=tQw     Most Court Operations Are Continuing Remotely         During the COVID-19 pandemic, most court operations have continued remotely in all levels of the court system. Since transitioning to virtual operations, the courts have conducted more than 12,000 remote court events involving more than 80,000 participants.  More Court Matters Will Resume in the Coming Weeks     The Court's Order lifts the suspension of Municipal Court sessions. As of April 27, 2020, remote proceedings in the Municipal Courts may be conducted with the consent of all parties.       Effective  May 11,2020, with appropriate notice to the parties, Municipal Court sessions can resume in individual Municipal Courts. Sessions may only proceed by video or phone. Municipal Court sessions will resume to the extent possible based on facilities, technology, and other resources. ....   The Court issued another Order on April 27 called Principles and Protocols for Virtual Court Operations During the COVID-19 Coronavirus Pandemic- (1) Methods of Conducting Remote Court Events; (2) Access to the Public Record; and (3) Posting of Events Guidance  See online https://www.njcourts.gov/notices/2020/n200427b.pdf?c=tqt 3. How to determine the hearing date of your Municipal Court case We recommend all clients go online and look up their new court date. The Complaints /tickets must be handy which contains the full court code. You need more than just the mailed hearing notice. The Municipal Court Case search is the tool to determine the municipal court hearing. The website is: https://portal.njcourts.gov/webe5/MPAWeb/index.jsp See:    Welcome to Municipal Court Case Search (MCCS) - the fast, secure and convenient way to look up Municipal Traffic or Complaint information online. Please have your complaint or tickets in front of you  Press Search to continue. You do not need a password to login  4. More short Educational YouTube videos New law allows remote attorneys and notaries to notarized Wills, Power of Attorney, Deeds & documents seen signed over webcam during Public Health Emergency watch video at https://www.youtube.com/watch?v=uHXZga7pQWM Handwritten Will cannot be admitted by Surrogate to Probate, have a real Will prepared by an attorney https://www.youtube.com/watch?v=0Zmwpvk49-U&t=5s Major Cases in Municipal Court & DWI 2019-2020 watch video at https://www.youtube.com/watch?v=uU4HsbNns4w Duty of Supermarket to customer hurt in aisle https://www.youtube.com/watch?v=1PaSEE4lkiI NJ inheritance Tax three year look back for gifts and transfers https://www.youtube.com/watch?v=adTJvKoYKTI&t=32s Drug Recognition Evaluation DRE State v Olenowski for a Frye Hearing on admissibility of DRE Watch at https://www.youtube.com/watch?v=cr3qUu8O5xQ How To Choose a Lawyer for Wills and Estate Planning REPUTATION COUNTS Watch video https://www.youtube.com/watch?v=v7CIzRaIB3U CATHOLIC DECLARATION ON LIFE AND DEATH ADVANCE DIRECTIVE (HEALTH SURROGATE DESIGNATION/LIVING WILL)  watch video at https://www.youtube.com/watch?v=sk9nDkwwhpM If you were born in May, Ken's "Singing Dogs" wish you Happy Birthday Open below http://www.americangreetings.com/ecards/happy-birthday/singing-dogs/pn/3076296    I have a Yellow Lab dog and she runs with me every morning.  Have a great birthday month  -Ken Vercammen of Edison.  5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and professionals involved in Estate Planning NJ Bar Association on Zoom May 4, 20205:00 PM- 9:00 PM   https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=55217580 Speakers Kenneth A. Vercammen, Esq. Author ABA Wills & Estate Administration book Honorable Katie A. Gummer Presiding Judge General Equity Monmouth County, NJ  Martin A. Spigner, Esq. Cranbury, NJ Pamela A. Quattrone, Esquire, MBA Rice Elder Law       This practical online program is designed to provide the nuts and bolts of elder law practice and estate administration practice to general practitioners, young lawyers, or those who are just seeking to expand into this growing field as the Baby Boomer Generation, which makes up about half our population, continues to age. A highly authoritative and experienced panel of elder law attorneys and estate planners will share proven techniques and experience as well as update you on new tax considerations and the latest legal updates.   Learn everything you need to know about elder law and estate administration including: Will drafting and the ethics involved Powers of Attorney and how to prepare them Living Trusts, both revocable and irrevocable, as estate planning tools Basic tax considerations under both federal and state law Estate Administration including duties of executors/fiduciaries and tax returns Medicaid Planning   Includes a bonus 240+ page handbook, plus sample forms, documents, and checklists!           More details contact New Jersey Institute for Continuing Legal Education ,  The New Jersey State Bar Association One Constitution Square, New Brunswick, NJ 08901-1520  Phone: (732) 214-8500   CustomerService@njicle.com  NJSBA members $148, other Attorneys cost to attend $185 pre-reg, $225 at the door  Seminar #ICELD015920            Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=55217580

Kenneth Vercammen & Associates, 2053 Woodbridge Avenue, Edison, NJ 08817

E583 1. NJ Supreme Court order to adjourn cases until April 26 2. Kenneth Vercammen's Law Office updated Will preparation online with follow up consults by phone and online 3. Expungements to remove criminal arrests continue to be processed.  4.East Brunswick Will  & Estate Planning Seminar online 5. How to run a law office or business without clients coming in for consults 6. New YouTube videos        I am working on enewsletter remotely so margins are off.   1. NJ Supreme Court Order to adjourn cases until April 26        Municipal Court sessions are suspended through April 26, 2020, during which period Municipal Court functions will continue [online only behind locked doors] .Check your courtdates at https://portal.njcourts.gov/webe5/MPAWeb/index.jsp - Special Civil Part (DC) and Small Claims (SC) trial calendars are suspended through April 26, 2020;  - Landlord/tenant calendars are suspended through April 26, 2020, and lockouts of residential tenants (evictions) are suspended in accordance with Executive Order 106 (March 19, 2020)  -No new civil or criminal jury trials will be conducted until further notice. More at https://www.njcourts.gov/notices/2020/n200327a.pdf?c=dQp   2. Kenneth Vercammen's Law Office updated Will preparation online with follow up consults by phone and online To assist potential clients who are staying home we now offer consults and document preparation remotely. We are concerned about your health and wellbeing. 1. For Wills, Power of Attorney, Living Wills, Deeds, Expungements please email Vercammenlaw@njlaws.com. We will email the interview form. 2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com..  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. 3. Ken V will call to discuss. 4. After you pay by credit card online or payment confirmed from PayPal, legal plan or Barter Depot, we will draft documents and email to you. 5. Ken V will call to answer further questions 6. Sign documents in front of notary and two witnesses. Singing instructions provided.     Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor's office similarly has patients fill out details prior to the consult.        T o have documents paid for client will email us: 1. The credit card number, minus last four digits [or Legal Plan # or Barter #] 2. zip code for card 3. Authorization to charge the card for the amount  4 Expiration date 5 Three digit code on back of credit card. 6. any other relevant information regarding the case      After email, we will call over phone to obtain 5 Last four digits of credit card     Otherwise you will need to mail  check, or drop off cash via mail slot in Edison office.     3. Expungements to remove criminal arrests continue to be processed.  Although Jury trials and municipal court hearings are put on hold, the expungement process to remove criminal charges continues. Get your expungement done now if you or a family member is eligible. Don't wait for June 2020 changes in the law. Thank you to Allan Marain Esq. for joining me at the March 10 North Brunswick Public LibrarySeminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar     Email Ken V and we will email you interview form.      Mr. Marain notes on his website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed? Are any felony convictions, or even just arrests, on your record? Expungement (or expunction) in New Jersey is the isolation of a criminal record. The actual record is not literally "erased." Expungement do, however, erase many civil disabilities that convictions bring. Thus citizens whose criminal record has been expunged again become eligible to vote. They qualify for jury service and do not even have to mention they were ever arrested, or charged with an offense. Statutory firearms disqualifications are removed. And expunged records become generally not available from government sources. So in that sense, these records are erased from the sight of people doing public records searches through the courts, through the police, and even through the FBI.   http://www.njlaws.com/erase_criminal_arrests_legally.html    4.  East Brunswick Will  & Estate Planning Seminar online to watch . This may be the only Will and Estate Planning for the Spring.  Watch seminar at: https://www.facebook.com/eastbrunswicklibrary/videos/236743530698373/     I thank the East Brunswick Library for again inviting me to serve as a speaker. Since all NJ events are cancelled for the next month, this online program will be posted for free for next two months.   Other Free Wills programs online Edison Wills and Estates Seminar Edison Law Office 2020 https://www.youtube.com/watch?v=sJK8vPwTWYI Edison Library Will Seminar 1 hour https://studio.youtube.com/video/wzndSxz9H_0/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos       5.How to run a law office or business without clients coming in for consults       Famous NJ speaker Martin M. Shenkman, Esq. notes we are all concerned about the potential health impact of the COVID-19 virus on ourselves, our loved ones, our practices, and our clients.       Practitioners should be certain that clients are aware of legal, tax, financial, and other implications should they choose to react to them. Living wills, do not resuscitate orders, and other healthcare related documents may be crucial to review for several reasons. Many of these documents, especially standard forms obtained online or elsewhere, may contain language that could be completely contrary to what a client might wish to have done during the coronavirus pandemic. For example, some of these documents may prohibit intubation under all circumstances, including intubating for a short time to survive coronavirus. People who sign such forms often have in mind an extended period in a hospital, connected to an array of tubes, being artificially kept alive. That is a very different scenario than contracting coronavirus. Clients should especially be certain that older loved ones, or loved ones with chronic or other conditions, have not signed cheap online documents that would deny them the care they would actually want in the current circumstances.       Although it almost seems inappropriate to suggest revising estate planning documents at this difficult time, if you have clients with documents that are dangerously outdated or don't reflect their current wishes, the mortality rate of coronavirus would suggest that revisions may be critical at the present time. The stock market has been adversely impacted. Clients might need to review revenue sources, expenditures, retirement plans, estate plans, financial models, business succession plans, and much more. For attorneys, the March 19 webinar may be of interest to you. https://events.interactivelegal.com/.../how-im-changing-my-p.../       New YouTube videos      While the courts and offices are closed, I spent Wednesday recording short informational videos on legal topics for the public. https://www.youtube.com/user/kvercammen/videos Videos then posted on https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/ Notice of Probate requirements What are Not Probate Assets, which do not pass under a Will? Who receives the assets if no Will? Signing Your Will Legal Requirements Steps In Preparing Your Will with your attorney Have a Will done properly to save you family money and lawsuits Expungements to remove criminal arrests continue to be processed New laws Elimination of mandatory DL suspensions related to drugs Municipal Court Defense by Certification Rule 7:12-3 relaxed Beware of online Wills and Power of Attorney not prepared by an attorney Why should my Will have a clause no bond required SELF PROVING WILLS TO SPEED UP PROBATE What information is needed for Expungement? What to do in a Fall down Accident at the scene CERTIFICATE OF MERIT UNDER car accident 6A 8 A What happens in a Car accident case? https://www.youtube.com/user/kvercammen/videos Videos then posted on https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/     Reminder: April 20 Winning Strategies for Municipal Court - How the Biggest Changes in DWI Law in 50 Years Will Affect Your Practice now a Webcast-  Live Webcast All webcasts will use the Zoom meetings platform - you can prepare for the webcast by downloading the Zoom meetings app.   https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=49807166        $$     May 4 Nuts & Bolts of Elder Law & Estate Administration NJ Bar 5pm-9pm Now webcast https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=55217580      $$ Live Webcast All webcasts will use the Zoom meetings platform - you can prepare for the webcast by downloading the Zoom meetings app. Friends and clients can help us by....   Helping us with a review on Google https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook   https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/ Help us with a review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison Help us with a review on Avvo https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html

Kenneth Vercammen & Associates, 2053 Woodbridge Avenue, Edison, NJ 08817