HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT
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1 c HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT Moderator/Speaker Kenneth A. Vercammen, Esq. Kenneth Vercammen & Associates, P.C. (Edison, Cranbury) Speakers Honorable William D. Feingold, JMC (North Brunswick) William G. Brigiani, Esq. Brigiani & Cohen, L.L.C. (East Brunswick) John Menzel, Esq. Law Offices of John Menzel (Point Pleasant) Norma M. Murgado, Esq. Murgado & Carroll, Esqs. (Elizabeth) Joshua H. Reinitz, Esq. Certified by the Supreme Court of New Jersey as a Municipal Court Trial Attorney Iacullo Martino LLC (Nutley) In cooperation with the New Jersey State Bar Association Municipal Court Practice Section and Young Lawyers Division S
2 2014 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey
3 Table of Contents Page Letters, Motions/Briefs, Articles/Research Kenneth A. Vercammen, Esq Municipal Court Questionnaire 1 02 Retainer Municipal Court 5 03 Request for Complete Discovery 8 04 Letter of Representation Only 9 05 Discovery Request Alcotest Discovery Request Driving While Suspended Speeding Law and Discovery Discovery Request to MVC Discovery Complainant OPRA Field Sobriety Chief of Police OPRA Required Officer Training CDS Motions DWI Motions Motion to Reduce Bail Letter to Client re: Reading Discovery from Prosecution Reciprocal Discovery to Prosecution Notice of Specific Criminal Code Defenses Letter to Client re: Reading and Signing Affidavit Second Request for Discovery Missing Abstract Letter to Client re: DWI Expert Letter to Client re: Hearing Letter to Client re: Deadline and Attorney Fee for Appeal Letter to Client re: No Show in Court Suppression Motion Suppress Statements: Violation of Miranda Rights Dismissal Motion re: Failure to Provide Discovery Motion for Conditional Discharge Motion for Civil Reservation Objection to Lab Certificate Motion for SLAP Order to Mark Case Try or Dismiss Order to Compel Discovery Order to Be Relieved as Counsel Constructive Possession of Drugs in a Criminal Case Court Cannot Handle Discovery Motion for No Loss of Driver s License Suspension Motion re: Failure to Give Defendant Copy of AIR Motion to Provide Expert at Public Expense Fines and Restitutions Top 25 Cases Affecting Municipal Court Defending a Juvenile Delinquency Case Pretrial Intervention Program (PTI) 147 Letter re: No Show in Court 150 Expungement/Erase Criminal Charges 151
4 Plea by Mail 152 Certification for Application for Appointment as Private Prosecutor (Storm) 153 Letter Thanking Witness 155 Client s Sentencing and Duties 156 Post Conviction Motion to Vacate Guilty Plea 157 Additional Discovery Brief 167 Brief to Suppress Blood Sample and Objection to Lab Report 171 Certification in Support of Motion to Be Relieved 185 Notice of Appeal 187 Miranda Brief in Support of Motion to Suppress Statements 189 Miranda Law Person is Subject to nd Request for Hearing 197 Failure to Timely Prosecute 199 Minimum and Maximum Fines MV Offenses 203 Points in Motor Vehicle Violations 251 Pre-Trial Intervention to Dismiss Criminal Charges 253 Defending a Juvenile Delinquency Case 255 Appeals from Municipal Court Convictions 257 DWI Cross Examination Questions 263 Hearsay Not Admissible at Trial in Municipal Court Based on Crawford Decision 267 Criminal Law Committee Newsletter 275 Pamphlet, Your Rights in Municipal Court 287 Be Not Guilty 289 Criminal Indictable and Disorderly Offense Penalties 293 Minimum Mandatory Fines and Penalties Relating to Selected Motor Vehicle Offenses 295 Speeding and Radar 313 Suspended Licenses: Don t Be Caught Off Guard as a Defense Attorney 315 Defense to Possession of Drugs and Controlled Substances 317 Driving Without Insurance Defenses 319 Preparation for the Municipal Court Case 321 Plead Guilty? Nah, Defend DWI Charges! 331 Memo re: Attorney General Guideline: Prosecution of DWI & Refusal Violations 333 Court Code Listing MVC 359 No Point Violations 363 Crash Accident Report Abbreviations 365 Tae Kwon Do Martial Arts Training for Attorneys 373 Notice of Appeal 375 New Law Finally Establishes a Conditional Dismissal Program in Municipal Court 377 Brief in Support of Motion to Dismiss Refusal 383 Notice of Motion to Compel the Prosecutor to Fingerprint and DNA Test Evidence Seized 385 Certification to Compel the Prosecutor to Fingerprint and DNA Test Evidence Seized 387 Order 388 Letter re: No Representation 389
5 Certification of Victim 391 Letter re: Summons/Criminal Statutes 393 Letter re: Additional Fees & Appointment 395 Letter re: Letters of Reference/Pre-Sentence Report 397 Letter Requesting Hearing Notice 398 Request to Adjourn so Defendant Can Retain Attorney 399 Scientific and Medical Tests Blood and Urine Documents Requested 401 Letter re: Arrest Stop Video to Client 403 Recommend DWI Expert to Client 405 Bill for Professional Services Rendered 407 Objection to Alcotest Results Where No Expert Testimony Provided 409 What Your Attorney Can Do For You 411 Criminal Flat Fee Agreement to Provide Legal Service 415 Field Sobriety Records Request and OPRA Request 419 Request for Blood/Urine Discovery 423 Letter re: Recommend Substance Abuse Treatment & Inpatient 427 Letter re: Old Records 429 N.J. Municipal Court Law Review, Fall Additional Vercammen Information [See Vercammen on CD] Articles/Forms/NJ Municipal Law Review Articles Orders/Forms John Menzel, Esq. 435 Discovery Order (Alcotest) 435 Discovery Order (Blood/DRE) 445 Client Fee Agreement 451 First Contact With Prospective Clients 453 Client Interview Form 455 Client Questionnaire 475 Letter to Insurance Company 499 Additional Menzel Material on CD: Chun material Special Master s Report Special Master s Report State v. Chun M-1538, 1539, 1540 [see Menzel/Chun on CD] Driving While Refused, Suspended, Revoked or Prohibited: N.J.S.A. 39:3-40 PowerPoint Presentation Damian A. Scialabba, Esq. 501 About the Panelists 511
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