Friday, April 12, 2024
Wednesday, April 10, 2024
Municipal Court 101 Seminar 2024
Municipal Court 101 Seminar 2024
Wednesday, May 15, 1:30 – 3 p.m.
Municipal Court Track
Borgata Hotel NJSBA Annual Meeting
Cosponsored by the Municipal Court Practice Section
Join experienced practitioners for an introductory program that will provide you with the essential basics of municipal court practice.
Speakers:
-Kenneth A. Vercammen, Esq. [Moderator]
-Kevin P. McKernan, Chair
-Hon. Adam Greenberg Cherry Hill Municipal Court
-Prosecutor Moshood Muftau, Deputy County Counsel, Prosecutor Plainfield, Roselle
Matthew Teeter, Esq.
Description:
This is an introduction to municipal court for recently admitted attorneys or for attorneys who is new to the practice area or wants a refresher. Experienced practitioners and judges will discuss important procedures, practical information and practice tips.
1. THE BUSINESS OF MUNICIPAL COURT PRACTICE 25 MIN
Kenneth A. Vercammen, Esq.
2. Matt Teeter Esq.PRE-TRIAL PHASE 25 MIN
Client Meetings/Intake PL
Online dispute resolution & Plea by Mail
Discovery Process
How is Discovery Obtained
Types of Requests
What do I want/don’t want
Holup/Sanctions
Unique Discovery Items
Lab Reports
Audio/Video
Officer’s Notes
3. Moshood Muftau, Deputy County Counsel 20 min
Meeting with Prosecutor
HOW NOT TO ANGER THE PROSECUTOR
Prosecutor Perspective
Framing Case Setting Expectations
Unfamiliar Courtrooms/Prosecutors/Judges
Motion Practice
When to File
Briefing vs Oral
Suppression Motions
4. Kevin P. McKernan, Chair 20 min
Your client is a New York resident and your NJ client has issues in NY
Benefits of Municipal Court Practice Section
5. Judge: Hon. Adam Greenberg
IN COURT PRACTICES 20 min
How not to annoy the staff and court
Plea Agreements
What is permissible
What is not
How do different vicinages handle cases
Civil Reservations
Use of Expert Witnesses: TBA if extra time at end.
No Q & A since a large room. Questions can be asked of panel at the end
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave.,Edison, NJ 08817
(Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com
Tuesday, April 9, 2024
Friday, September 8, 2023
2C:14-001 Definitions C. Sexual Penetration
2C:13-008 Human Trafficking
1. Human trafficking. a. A person commits the crime of human trafficking if he :
(1) knowingly holds, recruits, lures, entices, harbors,transports, provides or obtains, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 or to provide labor or services:
(a) by threats of serious bodily harm or physical restraint against the person or any other person;
(b) by means of any scheme, plan or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint;
(c) by committing a violation of N.J.S.2C:13-5 against the person; or
(d) by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document as defined in section 1 of P.L.1997, c.1 (C.2C:21-31), or other document issued by a governmental agency to any person which could be used as a means of verifying the persons identity or age or any other personal identifying information; or
(e) by means of the abuse or threatened abuse of the law or legal process; or
(2) receives anything of value from participation as an organizer, supervisor, financier or manager in a scheme or course of conduct which violates paragraph (1) of this subsection.
b. An offense under this section constitutes a crime of the first degree.
c. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.
d. Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of the first degree under paragraph (2) of subsection a. shall be either a term of 20 years during which the actor shall not be eligible for parole, or a specific term between 20 years and life imprisonment, of which the actor shall serve 20 years before being eligible for parole.
e. In addition to any other disposition authorized by law, any person who violates the provisions of this section shall be sentenced to make restitution to any victim. The court shall award to the victim restitution which is the greater of:
(1) the gross income or value to the defendant of the victims labor or services; or
(2) the value of the victims labor or services as determined by the New Jersey Prevailing Wage Act, P.L.1963, c.150 (C.34:11-56.25 et seq.), the New Jersey State Wage and Hour Law, P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the Fair Labor Standards Act of 1938, 29 U.S.C. s.201 et seq. or any other applicable federal law.
L.2005, c.77, s.1.
2C:14-003b Criminal Sexual Contact
b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through(4).
Criminal sexual contact is a crime of the fourth degree.
L.1978, c.95; amended 1979, c.178, s.27; 1997, c.194, s.2.
2C:14-005 Provisions Generally Applicable to Chapter 14
2C:14-5. Provisions generally applicable to Chapter 14
a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter.b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim.
c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.
L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-008 Juveniles in Need of Supervision
2C:14-8. Juveniles in need of supervision (J.I.N.S.) law not affected
Nothing in this chapter shall be deemed to limit the jurisdiction of the court under P.L.1973, c. 306 (C. 2A:4-42 et seq.).L.1979, c. 178, s. 27A, eff. Sept. 1, 1979.
2C:14-009b Invasion of Privacy, Degree of Crime; Defenses, Privileges
2C:14-9. Invasion of privacy, degree of crime; defenses, privileges 1. a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
b. (1) An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
(2) An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of the undergarment-clad intimate parts of another person, without that person's consent and under circumstances in which a reasonable person would not expect to have his undergarment-clad intimate parts observed.
c. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image, taken in violation of subsection b. of this section, of: (1) another person who is engaged in an act of sexual penetration or sexual contact; (2) another person whose intimate parts are exposed; or (3) another person's undergarment-clad intimate parts, unless that person has consented to such disclosure.
For purposes of this subsection: (1) "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not; and (2) "intimate parts" has the meaning ascribed to it in N.J.S.2C:14-1. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
d. It is an affirmative defense to a crime under this section that:
(1) the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c., and
(2) the actor acted with a lawful purpose.
e. (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.
(2) It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:
(a) to law enforcement officers in connection with a criminal prosecution;
(b) pursuant to subpoena or court order for use in a legal proceeding; or
(c) to a co-worker, manager or supervisor acting within the scope of his employment.
f. It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.
g. For purposes of this act, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to make and to disclose observations, photographs, films, videotapes, recordings or any other reproductions.
h. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b. |