Municipal Court - Winning Strategies

Winning Strategies in Municipal Court seminar April 20, 2020 Monday, 5:30pm-9:05pm NJ Law Center, New Brunswick   Topics: Major changes to DWI law effective Dec 1, 2019 New expungement law 2020 Speakers: Kenneth A. Vercammen, Esq., Author ABA Criminal Law Forms Norma Murgado Elizabeth & Woodbridge Prosecutor,  Lorraine Nielsen, Prosecutor Milltown, East Brunswick, North Brunswick Joshua Reinitz, Esq.,  John Menzel, Esq.,   Program agenda  5:30     Recent case law, New Expungement law, Vote for Legalized Weed- Ken Vercammen, Esq.   5:50 Initial client interview; getting retained; dealing with the prosecutor – Ken Vercammen, Esq.   6:20   Driving While Suspended – Joshua Reinitz, Esq.   6:50  Drug Cases, DREs and what not to do to annoy the prosecutor- Lorraine Nielsen, Esq.   7:30  Immigration, Assault and miscellaneous proceedings – Norma Murgado, Esq.   7:45   DWI/Under the Influence of Drugs- John Menzel, Esq. with  prosecutorial response 8:15        Alcotest/Ignition Locks/Alcotest Refusal – John Menzel, Esq. with prosecutorial response 8:45        DWI Point-Counterpoint – John Menzel, Esq. and Norma Murgado, Esq. 9:00        question & answer        New Jersey’s #1 guide to handling Municipal Court matters. This information-packed program is designed for attorneys who do not concentrate in municipal court law, including general practitioners seeking to expand into this practice area, and not novice attorneys looking to create a niche practice. Seasoned municipal court lawyers will also be able to brush up and enhance their skills. Hear a panel of NJ respected municipal court practitioners give insight into winning strategies for the cases you are handling. You’ll quickly be able to represent clients in a wide range of cases you may have otherwise referred to others. Gain confidence in your ability to handle municipal court law matters - make an investment in your legal career and register today! Sponsor NJICLE NJ Institute for Continuing Legal Education, a Division of the NJSBA  (732) 214-8500 CustomerService@njsba.com   General Tuition: $170 NJSBA Member: $136 NJSBA Section Member: $128 Municipal Court Judges ½ price    Presented in cooperation with the NJSBA Municipal Court Practice Section Seminar ICMCP096219   NJ Law Center 1 Constitution Sq. New Brunswick, NJ 08901 https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=49807166 https://www.facebook.com/events/2583311788462501 Includes 300 page book, which is also available for purchase after program]     The Supreme Court on November 18 remanded State v Olenowski to a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence in a DWI under influence of a drug.    1 Status of State v. Cassidy  Supreme Court rules Breath test results produced by Alcotest machines are inadmissible tested by Tpr Dennis [if not calibrated using a NIST-traceable thermometer ]   When a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant Mitchell v. Wisconsin  139 S.Ct. 2525 (2019)  - Defendant knowingly waived Miranda after Spanish translation State v. A.M. 237 NJ 384 (2019)  (App. Div. 2018) -Police false promise of no jail and leniency required suppression of confession  State v. L.H.     July 22, 2019  Justice Albin   18. Police can’t detail occupants on noise complaint  State v Chisum 236 NJ 530 (2019)  19. Guilty finding vacated based on state failure to provide evidence  State v. Brown  236 NJ 497 (2019)  20. Under Emergency aid doctrine police could enter house State v. Fede   237 NJ 138 (2019)  21. Miranda violated here where detectives failed to advise subject of charges State v. Vincenty  237 NJ 122 (2019)  22 Updated Expungement Law changes procedures for expunging criminal records  23 Weapons search not permitted here after DV TRO State v. Hemenway  Justice Albin 24 For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented State v. Patel 25 Update on legal weed   P.L. 2019 C. 248 was signed into law on August 23 2019 and took effect on December 1. It represents a significant overhaul of New Jersey’s DWI laws by decreasing the length of time that someone convicted of a DWI offense is prohibited from driving but increases ignition interlock device requirements for those offenses. To many, the law provides a much-needed solution to some loopholes that existed prior to the amendments. For others, it is still fraught with questions.  If you represent clients who are charged with driving while intoxicated or under the influence, you can’t afford to miss this important update. Experienced Municipal Court practitioners, judges and prosecutors will review the changes in the law and how they affect your clients. They will review the penalties and procedures, and discuss some of the questions that still remain. In November 2019, the New Jersey Supreme Court issued a ruling in New Jersey v. Michael Olenowski. The ruling remanded the case to a Special Master to determine whether Drug Recognition Expert (DRE) evidence is generally accepted in the scientific community and therefore satisfies the standard to be admitted into evidence at trial under the New Jersey Rules of Evidence. A new expungement law takes effect on June 15, 2020, many more individuals will be able to expunge their criminal records. Among other provisions, the law will allow individuals to clear an entire record of arrests and convictions 10 years after their most recent conviction, payment of fine, satisfactory completion of probation, or parole or release from incarceration, whichever comes later.  Join municipal court prosecutors and defense attorneys as they bring you up-to-date on the hottest topics in Municipal Court Law. This up-to-the-minute program will include the topics below, will include answers to your questions - don’t miss this important update!