7:2-1. Contents of Complaint, Arrest Warrant and Summons

(a) Complaint: General.The complaint shall be a written statement of the essential facts constituting the offense charged made on a form approved by the Administrative Director of the Courts. Except as otherwise provided by paragraphs (f) (Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the complaining witness shall attest to the facts contained in the complaint by signing a certification or signing an oath before a judge or other person so authorized by N.J.S.A. 2B:12-21. If the complaining witness is a law enforcement officer, the complaint may be signed by an electronic entry secured by a Personal Identification Number (hereinafter referred to as an electronic signature) on the certification, which shall be equivalent to and have the same force and effect as an original signature. (b) Acceptance of Complaint.The municipal court administrator or deputy court administrator shall accept for filing every complaint made by any person. (c) Summons: General.The summons shall be on a Complaint-Summons form (CDR-1) or other form prescribed by the Administrative Director of the Courts and shall be signed by the officer issuing it. An electronic signature of any law enforcement officer or any other person authorized by law to issue a Complaint-Summons shall be equivalent to and have the same force and effect as an original signature. The summons shall be directed to the defendant named in the complaint, shall require defendants appearance at a stated time and place before the court in which the complaint is made, and shall inform defendant that an arrest warrant may be issued for a failure to appear. (d) Arrest Warrant: General.he arrest warrant shall be made on a Complaint-Warrant form (CDR-2) or other form prescribed by the Administrative Director of the Courts and shall be signed by the judge or, when authorized by the judge, by the municipal court administrator or deputy court administrator after a determination of probable cause. An electronic signature by the judge, authorized municipal court administrator, or deputy court administrator shall be equivalent to and have the same force and effect as an original signature. The warrant shall contain the defendants name or, if unknown, any name or description that identifies the defendant with reasonable certainty. It shall be directed to any officer authorized to execute it and shall order that the defendant be arrested and brought before the court issuing the warrant. The judicial officer issuing a warrant may specify therein the amount and conditions of bail, consistent with R. 7:4, required for defendants release. (e) Arrest Warrant by Electronic Communication.A judge may issue an arrest warrant upon sworn oral testimony of a law enforcement applicant who is not physically present. Such sworn oral testimony may be communicated by the applicant to the judge by telephone, radio, or other means of electronic communication. The judge shall administer the oath to the applicant. Subsequent to taking the oath, the applicant must identify himself or herself and read verbatim the Complaint-Warrant (CDR-2) and any supplemental affidavit that establishes probable cause for the issuance of an arrest warrant. If the facts necessary to establish probable cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental affidavit, the judge need not make a contemporaneous written or electronic recordation of the facts in support of probable cause. If the law enforcement applicant provides additional sworn oral testimony in support of probable cause, the judge shall contemporaneously record such sworn oral testimony by means of a tape-recording device or stenographic machine, if such are available; otherwise, adequate longhand notes summarizing the contents of the law enforcement applicants testimony shall be made by the judge. This sworn testimony shall be deemed to be an affidavit or a supplemental affidavit for the purposes of issuance of an arrest warrant. An arrest warrant may issue if the judge is satisfied that probable cause exists for issuing the warrant. Upon approval, the judge shall memorialize the date, time, defendants name, complaint number, the basis for the probable cause determination, and any other specific terms of the authorization. That memorialization shall be either by means of a tape-recording device, stenographic machine, or by adequate longhand notes. Thereafter, the judge shall direct the applicant to print his or her name, the date and time of the warrant, followed by the phrase By Officer _________________, per telephonic authorization by________________ on the Complaint-Warrant (CDR-2) form. Within 48 hours, the applicant shall deliver to the judge either in person or via facsimile transmission the signed Complaint-Warrant (CDR-2) and supporting affidavit. The judge shall verify the accuracy of these documents by affixing his or her signature to the Complaint-Warrant (CDR-2). Procedures authorizing issuance of restraining orders pursuant to N.J.S.A. 2C:35-5.7 (Drug Offender Restraining Order Act of 1999) and N.J.S.A. 2C:14-12 (Nicoles Law) by electronic communications are governed by R. 7:4-1(c). (g) Traffic Offenses (1) Form of Complaint and Process.The Administrative Director of the Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint, summons or other process to be used for all parking and other traffic offenses. On a complaint and summons for a parking or other non-moving traffic offense, the defendant need not be named. It shall be sufficient to set forth the license plate number of the vehicle, and its owner or operator shall be charged with the violation. (2) Issuance.The complaint may be made and signed by any person, but the summons shall be signed and issued only by a law enforcement officer or other person authorized by law to issue a Complaint-Summons, the municipal court judge, municipal court administrator or deputy court administrator of the court having territorial jurisdiction. An electronic signature of any law enforcement officer or other person authorized by law to issue a Complaint-Summons shall be equivalent to and have the same force and effect as an original signature. (3) Records and Reports.Each court shall be responsible for all Uniform Traffic Tickets printed and distributed to law enforcement officers or others in its territorial jurisdiction, for the proper disposition of Uniform Traffic Tickets, and for the preparation of such records and reports as the Administrative Director of the Courts prescribes. The provisions of this subparagraph shall apply to the Chief Administrator of the Motor Vehicle Commission, the Superintendent of State Police in the Department of Law and Public Safety, and to the responsible official of any other agency authorized by the Administrative Director of the Courts to print and distribute the Uniform Traffic Ticket to its law enforcement personnel. (g) Special Form of Complaint and Summons.A special form of complaint and summons for any action, as prescribed by the Administrative Director of the Courts, shall be used in the manner prescribed in place of any other form of complaint and process. (h) Use of Special Form of Complaint and Summons in Penalty Enforcement Proceedings.The Special Form of Complaint and Summons, as prescribed by the Administrative Director of the Courts, shall be used for all penalty enforcement proceedings in the municipal court, including those that may involve the confiscation and/or forfeiture of chattels. If the Special Form of Complaint and Summons is made by a governmental body or officer, it may be certified or verified on information and belief by any person duly authorized to act on its or the States behalf.

430; 1. Clients, Friends, Attorneys Professionals, Business

In this issue:

1. Clients, Friends, Attorneys Professionals, Business owners and their staff invited to Holiday Happy Hour & Networking Social

2. Tort Claims Act gave immunity to negligent 911 operations. Turner v Township of Irvington 430 N.J. Super. 274 (App. Div. 2013)

3. Case for immigrant defendants to withdraw guilty pleas is not retroactive. Chaidez v United States 133 S. Ct. 1103 (2013)

4. Calendar of events

1. Clients, Friends, Attorneys Professionals, Business owners and their staff invited to HolidayHappy Hour & Networking Social

Friday, December 6, 2013

5:00PM - 7:00PM

atBar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free !

5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

Sorry if this is a Dup but we did not want to miss anyone

Please bring a canned food donation for the St. James Food Bank Hands of Hope, continuing providing food and help to individuals in need.

Email Ken Vercammens Law Office so we can put your name on the VIP list for wristbands.VercammenLaw@Njlaws.com

https://www.facebook.com/events/595540683835671/

Co-Sponsored by NJSBA Municipal Court Section, Criminal Law Section, Young Lawyers Division, Family Law Section, Entertainment Arts & Sports Law Section, Banking Law Section, Women in the Profession Section, Minorities in the Profession Section and Government & Public Sector Lawyers Special Committee

Recent cases:

2. Tort Claims Act gave immunity to negligent 911 operations. Turner v Township of Irvington 430 N.J. Super. 274 (App. Div. 2013)

We hold that N.J.S.A. 52:17C-10(d), which immunizes 9-1-1 operators for conduct that is not wanton and willful, and N.J.S.A. 59:2-10, a general Tort Claims Act provision which immunizes public entities for the wanton and willful conduct of their employees, together prevent a public entity employer from being held liable for its operators conduct regardless of their level of culpability.

3. Case for immigrant defendants to withdraw guilty pleas is not retroactive. Chaidez v United States 133 S. Ct. 1103 (2013)

In Padilla v. Kentucky, 559 U.S. (2010), this Court held that the Sixth Amendment requires an attorney for a criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that a person whose conviction became final before we decided Padilla can benefit from it. We conclude that, under the principles set out in Teague v. Lane, 489 U.S. 288 (1989), Padilla does not have retroactive effect.

4. Calendar of events

Holiday Happy Hour & Networking Social

Friday, December 6, 2013

5:00PM - 7:00PM

atBar Anticipation

12/8 Jingle Bell Run/Walk for Arthritis 5k run/walk, 10am Metuchen NJ, then after run go to

Sun Dec 8 12noon-3pm Freezing Cold Hash Run for St. James Food Bank meeting & volunteers needed at Ken V office 2053, submit event to runner website and USATF clubs. set up gifts to runners & goodie bags and organize bottles donated, etc, then stop by Green Derby for Tastee beverages. Ken V pays for drinks, ok to watch football.

Sun Dec 15 12noon-3pm Freezing Cold Hash meeting at Ken V office, submit event to runner RRCA clubs, set up gifts to runners & goodie bags and organize bottles donated, etc, then stop by Green Derby for Tastee beverages. Ken V pays for drinks, ok to watch football

Sun Dec 22 12noon -3pm Freezing Cold Hash meeting at Ken V office, set up gifts to runners & goodie bags and organize bottles donated, etc, then stop by Green Derby for Tastee beverages. Ken V pays for drinks, ok to watch football

Thurs Jan 2 2pm-4:45 set trail with baking flower [need volunteers to help mark trail]

Thurs Jan 2 5:30 decorate basement changing rooms and special chair and decorate Green Derby

Fri Jan 3 2pm-4:45 set trail with baking flower

Fri Jan 3 4:45 decorate garage and bring up items for open bar and registration

Fri Jan 3 7pm finish decorating Green Derby

Jan. 4, 2014 Freezing Cold Hash run & Party, Edison, NJ -Start Thomas Edison Park 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision. Register athttp://www.active.com/edison-nj/running/races/freezing-cold-hash-run-2014 Skull shirt pick up Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison. Volunteers needed call 732-572-0500

2A:18-73. Notice to Tenant Prior to Disposition

2A:18-73. Notice to tenant prior to disposition2.To dispose of a tenants property under this act, a landlord shall first give written notice to the tenant, which shall be sent by certified mail, return receipt requested or by receipted first class mail addressed to the tenant, at the tenants last known address (which may be the address of the premises) and at any alternate address or addresses known to the landlord, in an envelope endorsed Please Forward.

Receipted first class mail for purposes of this section means first class mail for which a certificate of mailing has been obtained by the sender but does not include certified or registered mail.

When the property subject to disposal is a manufactured or mobile home, a copy of the notice required pursuant to this section shall also be sent to the Director of the Division of Motor Vehicles and to any lienholders with security interests in the property which have been recorded with the Division of Motor Vehicles.

L.1999,c.340,s.2.2A:18-74. Contents of notice3.The notice required under section 2 of P.L.1999, c.340 (C.2A:18-73) shall state as follows:

a.That the property is considered abandoned and must be removed from the premises or from the place of safekeeping, if the landlord has stored the property as provided in section 4 of P.L.1999, c.340 (C.2A:18-75), by a date as follows;

(i) for all property other than manufactured or mobile homes not less than 30 days after delivery of the notice, or not less than 33 days after the date of mailing, whichever comes first, or

(ii) for property which consists solely of manufactured or mobile homes, not less than 75 days after the delivery of the notice, or not less than 78 days after the date of mailing, whichever comes first,

or the property will be sold or otherwise disposed of; and

b.That if the abandoned property is not removed:

(i)The landlord may sell the property at a public or private sale; or

(ii)The landlord may destroy or otherwise dispose of the property if the landlord reasonably determines that the value of the property is so low that the cost of storage and conducting a public sale would probably exceed the amount that would be realized from the sale; or

(iii)The landlord may sell items of value and destroy or otherwise dispose of the remaining property.

c.That in the case of a residential tenant, if the tenant claims the property within the time provided in the notice, the landlord must make the property available for removal by the tenant without payment by the tenant of any unpaid rent.

2A:18-72 Disposal of Remaining Personal Property Abandoned

2A:18-72Disposal of remaining personal property abandoned by tenant 1.A landlord of commercial or residential property, in the manner provided by P.L.1999, c.340 (C.2A:18-72 et al.), may dispose of any tangible goods, chattels, manufactured or mobile homes or other personal property left upon a premises by a tenant after giving notice as required by section 2 of P.L.1999, c.340 (C.2A:18-73), only if the landlord reasonably believes under all the circumstances that the tenant has left the property upon the premises with no intention of asserting any further claim to the premises or the property and: a.A warrant for removal has been executed and possession of the premises has been restored to the landlord; or b.The tenant has given written notice that he or she is voluntarily relinquishing possession of the premises. The provisions of P.L.1999, c.340 (C.2A:18-72 et al.) shall not apply to the disposal of tenant property left on nonresidential rental property if there is a lease in effect which has been duly executed by all parties which contains specific terms and conditions for the disposal of tenant property.

Docketing a Judgment

Docketing a Judgment

If you or a special civil part officer cannot collect the money due you on the judgment, you can

have the judgment from the Special Civil Part recorded in the Superior Court Clerk's Office in

Trenton. Once your judgment is recorded in the Superior Court, the debtor cannot sell with clear

title any real estate owned in New Jersey until your debt is paid.

To record a judgment, you should request a Statement for Docketing from the Clerk of the

Special Civil Part in the county where the case was heard. The Statement for Docketing must be

filed with the Clerk of the Superior Court, Richard J. Hughes Justice Complex, P.O. Box 971,

Trenton, N.J. 08625.

The fee for filing a Statement for Docketing is $10, payable to the Treasurer, State of New

Jersey. There is no fee in the Special Civil Part for issuing the statement. Once docketed, future

efforts to collect a judgment originally awarded in the Special Civil Part must be made through

the sheriff's office in the county where the debtor's assets are located.

Free Office Space for New Attorney and go to Court & Mentor program- Edison, NJ available October 1

Free Office Space for New Attorney and go to Court & Mentor program- Edison, NJ available October 1

           Kenneth Vercammen’s Law Office has a space sharing opportunity for new lawyer or recent unemployed attorney to get experience and go to court and learn NJ Law office procedures. This is a mentoring experience where you can learn NJ Law Office Procedure.

           Attorney will be provided with use of desk on main floor, plus if needed private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, prosecutors, clients, etc, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week. 

            Go to court and get court experience. Excellent opportunity to jump-start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.

            Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.

  Excellent mentoring position for the right attorney. Are you hardworking and aggressive?  Visit our website: www.njlaws.com to learn about our office.

   The following is included with office use:

Desk space

Reception room for clients and use as Bona Fide Office

You can copy and use our Complaints, Motions, Form Letters and Pleadings.

 Use our marketing books, marketing CDs, Criminal, Municipal Court and Elder law audiotapes and video library now located in basement

 Use of our computer forms Motions, Complaints, and Form letters

Ability to use a file cabinet in basement to store your old files

Lighting/ Utilities

Bathroom Supplies

Landscaping / Snow Removal

Valuable advice

Hot water, municipal water/sewer charge paid

If interested, fax, email or mail a resume and cover letter.

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW

2053 Woodbridge Ave. Edison, NJ 08817(Phone) 732-572-0500

(Fax) 732-572-0030   vercammenlaw@njlaws.com

Other Duties/ Services to Clients

-Call Courts to follow up on Letter of Representation and scheduling of hearings

-Call Police Departments to follow up on discovery

-Call clients and remind them of hearing dates and what to do

-Prepare Police Chief letters

- Update Criminal and Civil blogs with recent cases

- Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]

- Whatever else needed to assist clients [ex Motions, ]

About Mentor Program Director: Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney.    Mr. Vercammen has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics. He has been selected to write the book on Criminal Law for the American Bar Association. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. 

   Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section and is the Co-Chair of the ABA Criminal Law committee, GP Division.

          He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. As the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is also a recipient of the NJSBA- YLD Service to the Bar Award.

In his private practice, he has devoted a substantial portion of his professional time to the preparation for trial of litigated matters.  He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal websites www.njlaws.com and www.BeNotGuilty.com

He has served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 25 years. Kenneth Vercammen was included in the 2013 “Super Lawyers” list published by Thomson Reuters. He was a member of the Law Review and top 10% law school grad.

New ABA Book: “Smart Marketing For the Small Firm Lawyer” from the American Bar Association.

New ABA Book: “Smart Marketing For the Small Firm Lawyer” from the American Bar Association.

    Author:  Kenneth A Vercammen

Sponsor(s):  Solo, Small Firm and General Practice Division

Publisher(s):  ABA Book Publishing 

 Marketing is essential to the growth of any enterprise. There are many low-cost and no-cost opportunities that exist. This book explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms. 

Additional Information

•Table of Contents: TOC Smart Marketing

•About the Author: Kenneth Vercammen

•Preface: Intro-Smart Marketing 

•List Price: $59.95 

•ABA Price: $45.95 

ISBN: 978-1-62722-484-0

Product Code: 5150468 2014, 156 Pages, 7 x 10

Item Details:

Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms. This book will cover: Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms. This book will cover: *Creating a blog for free *How to leverage a wide array of social networking sites (like Facebook, Martindale Hubble, Yelp, etc.) *Best practices for marketing within the law office *Low-cost and no-cost marketing activities *Tips to increase your efficiency and reach *And more! Included with this book is a helpful CD-ROM with digital copies of all the exhibits used in the book and the various websites that are referenced. Learn how to make the most the marketing opportunities that exist with Smart Marketing for the Small Firm Lawyer.

Praise for Smart Marketing for the Small Firm Lawyer:

"Vercammen's new marketing book belongs in the tool box and library of every lawyer regardless of firm size. Ken not only tells the lawyer WHAT to do, he shows the lawyer HOW to do it."     

        -Jay Foonberg-Author of How to Start and Build a Law Practice, 5th Ed  

Order details: http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214498

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