E402 NJ LAWS Email Newsletter

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NJ Laws Email Newsletter E402

Kenneth Vercammen, Attorney at Law

August 1, 2012

Office Phone Number:

(732) 572-0500

www.njlaws.com

In This Issue:

Recent Cases:

1. Juvenile

Adjudications

Can be Expunged.

2. Police Could

Search Car Involved

in Robbery Without a Warrant.

3. Volunteer Legal

Interns Needed for

Public Defender of

Metuchen.

4. New YouTube Videos

for this Week....

Rights Upon Arrest

Divorce in NJ

5. ABA Chicago

Seminar-Elder Law, Estate Planning & Probate

Greetings!

Recent Cases:

1. Juvenile Adjudications Can be Expunged. In the Matter of the Expungement Petition of J.B. ___ NJ Super. ___ (App. Div. 2012) A-1564-11. 6-21-12

In this appeal from the denial of a petition to expunge juvenile adjudications and an adult conviction, the court construes the 1980 statute permitting expungement of juvenile adjudications. L. 1980, c. 163, codified at N.J.S.A. 2C:52-4.1. The court concluded the trial court misinterpreted the unnumbered paragraph in N.J.S.A. 2C:52-4.1(a), "For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult." In view of the legislative history of the 1980 statute, and canons of statutory construction, the court construed the quoted sentence to apply only to applications to expunge juvenile adjudications under N.J.S.A. 2C:52-4.1(a). The 1980 law was intended to allow expungement of juvenile adjudications, which was not otherwise permitted; there was no evidence the Legislature intended to make expungement of adult convictions more difficult by treating juvenile adjudications as if they were adult convictions. Applying the court's reading of the statute, petitioner was entitled to expungement of his entire record of multiple juvenile adjudications under N.J.S.A. 2C:52-4.1(b). Also, although the court mistakenly applied the quoted sentence to render petitioner's juvenile adjudications equivalent to adult convictions, the court correctly denied the petitioner to expunge the adult conviction because it was filed less than 10 years after completion of the sentence, N.J.S.A. 2C:52-2(a), and petitioner failed to establish that expungement after just five years was "in the public interest," N.J.S.A. 2C:52-2(a)(2).

2. Police Could Search Car Involved in Robbery Without a Warrant. State v. Minitee ___ NJ ___ (2012) A-70/71-10. 6-14-12

Under the circumstances of this case, the trial court correctly denied the defendant's motion to suppress because the warrantless search of the SUV that was involved in the robbery fit within the scope of the automobile exception to the search warrant requirement.

3. VOLUNTEER LEGAL INTERNS NEEDED FOR PUBLIC DEFENDER OF METUCHEN

The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites Law School and college students to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and Friday morning court sessions.

Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM, every other Friday 9-12, plus hearing preparation work, Motions.

Volunteer Internship Description:

- Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

- Make demands for Discovery on Prosecutor and review police reports

- Attend hearings and learn from experienced trial attorneys

- Prepare Motions to Suppress Evidence and Motions to Compel Discovery

- Conduct appropriate Legal research

- Learn how to add recent reported cases to the NJ Criminal Law blog

- Acquire skills in Criminal Law and Procedure by active participation

- Participate in Public Relations activities and help organize seminars

- Update Lists of Prosecutors, Judges and Attorneys for publication of

NJ Municipal Court Law Review

- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. You must have a car to get to and from the courts.

Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week.

This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. We attempt to give assignments, which will be meaningful and memorable but, nevertheless, expect that interns will pitch in on whatever needs to be done to help clients.

This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practi

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