Conditional discharge and dismissal of first time drug offense

CONDITIONAL DISCHARGE TO DISMISS MUNICIPAL COURT DRUG CHARGES

       By Kenneth Vercammen, Trial Attorney

The defense of a person charged with possession of drugs or drug paraphernalia is not impossible. Attorneys should not merely suggest that their client plead guilty to save a few dollars. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with controlled dangerous substances (CDS).More info at http://www.njlaws.com/conditional_discharge_first_time_drug_offenders.html.

    The Municipal Courts in New Jersey have jurisdiction to hear the following drug related offenses:

 NJSA 2C:5 10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35 10(b), using or being under the influence of CDS; NJSA 2C:35 10(c), failure to deliver CDS to police; NJSA 2C:36 2, possession of drug paraphernalia.

      N.J.S.A. 2C:36A 1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21 27 (Old Drug Law CD), 2C:43 12 (PTI) or 2C:36A l (conditional discharge) may apply for a conditional discharge.



 The defense attorney can make a Motion, upon notice to the prosecutor and subject to 2C:36A l(c) for first offenders to suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). This is Motion For Conditional Discharge.  Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community.

Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. For applicable caselaw on Conditional Discharges, see State v Sanders N.J. Super 515 (App. Div. 1979), State v Banks 157 N.J. Super. 442 (Law Div. 1978), State v Grochulski 133 NJ Super 586 (Law Div. 1975), State v Teitelbaum. 160 NJ Super 450 (Law Div. 1978), State v Bush 134 NJ Super 346 (Cty Ct 1975), State v DiLuzio 130 NJ Super 220 (Law Div. 1974).

The defendant must pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty. The court further has the option to suspend a defendant's driver's license for between six months and two years.



The conditional discharge period is also between one year and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed. If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory.



CONCLUSION



 Narcotics and Drug related offenses carry substantial penalties which will effect your client for the rest of his life. The space limits of this article do not allow detailed explanation of the extensive caselaw on Narcotics.  Drug law and other defenses are explained in greater details in other articles on www.njlaws.com.

Conditional discharge and dismissal of first time drug offense

CONDITIONAL DISCHARGE TO DISMISS MUNICIPAL COURT DRUG CHARGES

       By Kenneth Vercammen, Trial Attorney

The defense of a person charged with possession of drugs or drug paraphernalia is not impossible. Attorneys should not merely suggest that their client plead guilty to save a few dollars. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with controlled dangerous substances (CDS).More info at http://www.njlaws.com/conditional_discharge_first_time_drug_offenders.html.

    The Municipal Courts in New Jersey have jurisdiction to hear the following drug related offenses:

 NJSA 2C:5 10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35 10(b), using or being under the influence of CDS; NJSA 2C:35 10(c), failure to deliver CDS to police; NJSA 2C:36 2, possession of drug paraphernalia.

      N.J.S.A. 2C:36A 1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21 27 (Old Drug Law CD), 2C:43 12 (PTI) or 2C:36A l (conditional discharge) may apply for a conditional discharge.



 The defense attorney can make a Motion, upon notice to the prosecutor and subject to 2C:36A l(c) for first offenders to suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). This is Motion For Conditional Discharge.  Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community.

Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. For applicable caselaw on Conditional Discharges, see State v Sanders N.J. Super 515 (App. Div. 1979), State v Banks 157 N.J. Super. 442 (Law Div. 1978), State v Grochulski 133 NJ Super 586 (Law Div. 1975), State v Teitelbaum. 160 NJ Super 450 (Law Div. 1978), State v Bush 134 NJ Super 346 (Cty Ct 1975), State v DiLuzio 130 NJ Super 220 (Law Div. 1974).

The defendant must pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty. The court further has the option to suspend a defendant's driver's license for between six months and two years.



The conditional discharge period is also between one year and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed. If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory.



CONCLUSION



 Narcotics and Drug related offenses carry substantial penalties which will effect your client for the rest of his life. The space limits of this article do not allow detailed explanation of the extensive caselaw on Narcotics.  Drug law and other defenses are explained in greater details in other articles on www.njlaws.com.

Conditional discharge and dismissal of first time drug offense

CONDITIONAL DISCHARGE TO DISMISS MUNICIPAL COURT DRUG CHARGES

       By Kenneth Vercammen, Trial Attorney

The defense of a person charged with possession of drugs or drug paraphernalia is not impossible. Attorneys should not merely suggest that their client plead guilty to save a few dollars. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with controlled dangerous substances (CDS).More info at http://www.njlaws.com/conditional_discharge_first_time_drug_offenders.html.

    The Municipal Courts in New Jersey have jurisdiction to hear the following drug related offenses:

 NJSA 2C:5 10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35 10(b), using or being under the influence of CDS; NJSA 2C:35 10(c), failure to deliver CDS to police; NJSA 2C:36 2, possession of drug paraphernalia.

      N.J.S.A. 2C:36A 1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21 27 (Old Drug Law CD), 2C:43 12 (PTI) or 2C:36A l (conditional discharge) may apply for a conditional discharge.



 The defense attorney can make a Motion, upon notice to the prosecutor and subject to 2C:36A l(c) for first offenders to suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). This is Motion For Conditional Discharge.  Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community.

Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. For applicable caselaw on Conditional Discharges, see State v Sanders N.J. Super 515 (App. Div. 1979), State v Banks 157 N.J. Super. 442 (Law Div. 1978), State v Grochulski 133 NJ Super 586 (Law Div. 1975), State v Teitelbaum. 160 NJ Super 450 (Law Div. 1978), State v Bush 134 NJ Super 346 (Cty Ct 1975), State v DiLuzio 130 NJ Super 220 (Law Div. 1974).

The defendant must pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty. The court further has the option to suspend a defendant's driver's license for between six months and two years.



The conditional discharge period is also between one year and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed. If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory.



CONCLUSION



 Narcotics and Drug related offenses carry substantial penalties which will effect your client for the rest of his life. The space limits of this article do not allow detailed explanation of the extensive caselaw on Narcotics.  Drug law and other defenses are explained in greater details in other articles on www.njlaws.com.

Clauses in Will to disinherit someone

East Brunswick Library Wills Seminar Feb 16, 2016

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Wills &Power of Attorney Seminar East Brunswick Public Library

2 Jean Walling Civic Center East Brunswick, NJ 08816

February 16, 2016 at 7pm

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Answers to Questions About Probate) The NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.

Main Topics:

1. The New Probate Law and preparation of Wills

2. 2016 changes in Federal Estate and Gift Tax

3. NJ Inheritance taxes on estates over $675,000

4. Power of Attorney

5. Living Will

6. Administering the Estate/ Probate/Surrogate

7. Questions and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

East Brunswick Public Library 732-390-6781 Can’t attend? We can email you materials Send email to VercammenLaw@Njlaws.com

Free Will Seminars and Speakers Bureau for Groups 10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division. He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program. He is author of the American Bar Association’s book Wills and Estate Administration. Mr. Vercammen is an AARP member and has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.

17:14A-52. Accessibility to vault, safe deposit box or receptacle

17:14A-52. Accessibility to vault, safe deposit box or receptacle

The right of access to a vault, safe deposit box or receptacle rented to a lessee by a safe deposit company shall be governed by the rental agreement, the provisions of P.L.1955, c. 151 (C. 46:39-1 et seq.), R.S. 54:35-19 and R.S. 54:35-20.

46:39-1. Rental by two or more acting as co-executors, co-administrators, co-guardians, co-trustees, co-receivers; accessibility

When a safe-deposit box or other receptacle for the safekeeping of personal property is rented to two or more persons acting as co-executors, co-administrators, co-guardians, co-trustees or co-receivers, access to such safe-deposit box or other receptacle may be allowed as follows, as the contract of renting shall provide:

(a) by any one or more of such persons acting as co-executors;

(b) by any one or more of the persons acting as co-administrators, co-guardians, co-trustees or co-receivers, when authorized in a writing signed by the other person or all other persons so acting;

(c) by any agent authorized in a writing signed by all the persons acting as co-executors, co-administrators, co-guardians, co-trustees or co-receivers.

54:35-20. Penalty for failure to notify or obtain consent of tax commissioner

A safe deposit company, trust company, bank or other institution or corporation or person failing to serve notice, allow an examination or retain a sufficient portion or amount to pay the tax and interest, pursuant to the requirements of section 54:35-19 of this title, shall be liable to pay the amount of the tax and interest due or to become due upon the securities, deposits, shares of stock or other assets so transferred or delivered, and in addition shall be liable to a penalty of one thousand dollars. Such liability to pay the tax and interest and penalty, may be enforced in an action at law in the name of the state, and, when recovered, the same shall be paid into the treasury for the use of the state.

This section shall not be deemed to render a safe deposit company, trust company, bank or other institution or corporation or person liable to such tax and interest or penalty of one thousand dollars where it or he delivers securities, deposits, shares of stock or other assets belonging to or standing in the names of two or more persons to one of such persons without knowledge or reasonable ground to believe that another one of such persons is dead.

INSTRUCTIONS FOR GUARDIAN’S APPLICATION FOR USE OF MINOR’S FUNDS IN NJ

INSTRUCTIONS FOR GUARDIAN’S APPLICATION FOR USE OF MINOR’S FUNDS IN NJ

source: http://www.bergencountysurrogate.com/instructions-minoruseoffunds.pdf
        A guardian may seek permission of the Superior Court to withdraw funds from the minor’s account to be used for the support, maintenance, education, general use and benefit of the minor (and under special circumstances for the support of members of the minor’s household, who are unable to support themselves and who are in need of support).
The following is the procedure:

1. Application: The guardian must sign, under oath, a formal application requesting withdrawal of funds from the minor’s account stating the specific amount. The applicable following items will be attached and become part of this application.
   
2. Letter: You must prepare a letter before the application can or will be taken, it will be attached to and is part of the application. It is important that you write a letter explaining your application and stating your reasons why the Judge should allow the withdrawal.
   
3. Bills: You must provide copies of bills, receipts, estimates, contracts, etc., proving the amount(s) requested.
   
4. Medical/Dental Bills: If you are requesting withdrawal in order to pay medical and/or dental bills incurred for the minor, you must also include in your letter a statement as to medical/dental insurance coverage and provide copies of insurance statements explaining what has been covered by insurance and what has been denied (these statements are commonly called Explanations of Benefits). The Judge will only allow withdrawal for those amounts not covered by insurance.
   
5. Income Tax Returns: The Judge will consider the duty and ability of a parent to support and provide for the minor. Your financial status will affect the determination. Copies of your past two (2) years’ income tax returns must be provided. If you did not file, then copies of pay stubs or other proof of income will be required. (The income tax returns and pay stubs will be returned to you.)

6. Tax Preparer’s Bills: Depending on the amount of interest earned by the minor, it may be necessary for the guardian to file income tax returns for the minor. A Superior Court Judge will consider withdrawal to reimburse a guardian any reasonable accountant’s charges for preparing a minor’s income tax return. However, the guardian is still subject to the same procedure as indicated above, with the exception of your income tax returns or pay stubs or other proof of income, when applying solely for reimbursement of minor’s tax return(s) preparation fees.  
   
7. Reconsideration: If you disagree with the Judge’s decision, you can ask for reconsideration if you believe the Judge overlooked something or you have additional evidence to submit. Your request for reconsideration must be in writing.
   
8. Appeals: You have forty-five (45) days from the Judge’s final decision to appeal to the Appellate Division of the Superior Court. You have the right to do this yourself, but you will probably need the help of a lawyer and very expensive.
   

Regardless of the reason for the application, the presiding Judge can, and may require any additional information necessary in order to make a determination on the application. The Judge may impose certain conditions upon the withdrawal of funds.
Be advised, according to New Jersey law, there is a statutory fee, that the guardian must pay prior to the Judge’s review of the application. This fee is determined by the requested amount.