Prisoner Reentry Training for Lawyers 2017 Co-Sponsored by the Young Lawyers Division and the New Jersey State Bar Foundation

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1 2017 NJSBA ANNUAL MEETING Prisoner Reentry Training for Lawyers 2017 Co-Sponsored by the Young Lawyers Division and the New Jersey State Bar Foundation Speakers: Governor James E. McGreevey, Executive Director Jersey City Employment & Training Program John G. Koufos, Deputy Reentry Director Jersey City Employment & Training Program President, New Jersey Reentry Corporation, Jersey City, Newark, Paterson, Kearney and Toms River

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8 NJSBA Prisoner Reentry Seminar Family Law

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51 Domestic Violence Procedures Manual: Defending a Domestic Violence Contempt Case-A Primer for Assigned Counsel:

52 Atty. I.D. Number ABC-123 THE HERNANDEZ LAW FIRM, P.C. ATTORNEY AND COUNSELLOR AT LAW 805 MAIN STREET TOMS RIVER, NEW JERSEY TEL: (732) / FACSIMILE: (732) Steven W. Hernandez Thomas M. Cannavo, of Counsel January 28, 2015 Via Regular Mail and Telefax: Court Administrator Roxbury Municipal Court 1715 Route 46 Ledgewood, NJ Dear Sir or Madam: Re: State v. John Doe Tickets: I. Appearance Please be advised that this office has been retained by the defendant, with regards to the above captioned matter(s). We request the court enter my appearance on his/her behalf. Pursuant to R. 7:6-1(b), Please enter a plea of NOT GUILTY on behalf of Defendant. Defendant has been counseled as to the fines and penalties associated with each violation listed above. Defendant waives arraignment and requests the court adjourn the matter from its current scheduled court date, so that we may adequately prepare. At this time defendant has not received any discovery. A separate discovery letter will be forwarded to the Municipal Prosecutor and/or Police Records. If I can be of further assistance, please do not hesitate to contact me. Very Truly Yours, LAW OFFICE OF STEVEN W. HERNANDEZ Steven W. Hernandez, Esq. 1

53 THE HERNANDEZ LAW FIRM ATTORNEY AND COUNSELLOR AT LAW 805 MAIN STREET TOMS RIVER, NEW JERSEY TEL: (732) / FACSIMILE: (732) Steven W. Hernandez Thomas M. Cannavo, of Counsel Via Regular Mail Steven A. Zabarsky, Esq. Toms River Municipal Prosecutor 255 Oak Street Toms River, NJ Dear Sir/Madam: January 28, 2015 Re State v. John Doe Ticket No. s and Defendant herby requests that the following discovery be provided in accordance with R. 7:7-7(b): (1) Books, tangible objects, papers or documents obtained from or belonging to the defendant, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form; (2) Records of statements or confessions, signed or unsigned, by the defendant or copies thereof, and a summary of any admissions or declarations against penal interest made by the defendant that are known to the prosecution but not recorded; (3) Grand jury proceedings recorded pursuant to R. 3:6-6; (4) Results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the matter or copies of these results or reports, that are within the possession, custody or control of the prosecuting attorney; (5) Reports or records of defendant's prior convictions; Page 1 of 3

54 (6) Books, originals or copies of papers and documents, or tangible objects, buildings or places that are within the possession, custody or control of the government, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form; (7) Names and addresses of any persons whom the prosecuting attorney knows to have relevant evidence or information, including a designation by the prosecuting attorney as to which of those persons the prosecuting attorney may call as witnesses; (8) Record of statements, signed or unsigned, by the persons described by subsection (7) of this rule or by co-defendants within the possession, custody or control of the, prosecuting attorney, and any relevant record of prior conviction of those persons; (9) Police reports that are within the possession, custody or control of the prosecuting attorney; (10) Warrants, that have been completely executed, and any papers accompanying them, as described by R. 7:5-1 (a). (11) The names and addresses of each person whom the prosecuting attorney expects to call to trial as an expert witness, the expert's qualifications, the subject matter on which the expert is expected to testify, a copy of the report, if any, of the expert witness, or if no report was prepared, a statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. If this information is requested and not furnished, the expert witness may, upon application by the defendant, be barred from testifying at trial. In addition Please provide the following discovery (if applicable): (12) A copy of defendant s driver license abstract. (13) Insurance surcharge bills and certified mailing lists. (14) Orders of suspension and certified mailing lists. (15) Front and back of police copies of complaints/summons. (16) Rough (field notes) notes by police officers. Unless all discovery requests are received and Evidence Rule 807 is complied with, the defense will make a motion to all charges and object to any attempts by the state to introduce evidence at trial. Page 2 of 3

55 Pursuant to R. 7:7-7(i)(1), please bill my office for directly for the costs associated with such discovery. Should you have any questions, please do not hesitate to contact me. Very Truly Yours, THE HERNANDEZ LAW FIRM Steven W. Hernandez, Esq. Page 3 of 3

56 Discovery DWI: Breath Test State v. Chun, 194 N.J. 54 (2008) DWI: Blood/Urine & Any Drug Cases State v. Weller, 225 N.J.Super. 274 (1986) Speeding State v. Green, 417 N.J.Super. 190 (App. Div. 2010), Check Points State v. Kirk, 202 N.J.Super. 28, (App. Div. 1985),

57 New Jersey Motor Vehicle Commission Abstract Unit P.O. Box 142 Trenton, New Jersey DRIVER HISTORY ABSTRACT REQUEST All requests for driver history abstracts must be submitted on form DO-21. One abstract per form. This form may be photocopied for your convenience. No other form of request will be accepted. The proper fee(s) must accompany each request in the form of a check or money order (DO NOT SEND CASH) payable to the New Jersey Motor Vehicle Commission. ALL SECTIONS OF THIS APPLICATION MUST BE COMPLETED TO OBTAIN INFORMATION (PLEASE PRINT CLEARLY) Requester Name: Phone Number: Business Name (if applicable): Your File or Claim # Street Address: City: State: Zip Code: Requester s Drivers License Number: (PHOTOCOPY OF CURRENT DRIVER LICENSE MUST BE INCLUDED) I am requesting information on: (CHECK ONE) MY OWN RECORD ANOTHER S RECORD NJ Driver License Date of Birth: Name: [ ] Male [ ] Female Street Address: City: State: Zip Code: CHECK ONE CERTIFIED COMPLETE RECORD - $15 PER SEARCH (Court/Bar Exam) CERTIFIED 5-YEAR RECORD - $15 PER SEARCH (Insurance/Employment) PLEASE SUBMIT SEPARATE CHECKS ONE FOR THE ABSTRACT AND ONE FOR SUPPORTING DOCUMENTS DOCUMENTS (Indicate the date you want covered on the line next to the supporting document requested) ORDER OF SUSPENSION $15 SCHEDULE OF SUSPENSION $15 MAILING LIST $15 SUMMONS $15 RESTORATION NOTICE $15 **ACCIDENT REPORT $5 ** **IF REQUESTING AN ACCIDENT REPORT ONLY YOU NEED NOT COMPLETE THIS SECTION. This request is being made for the following reason(s): (Indicate number of appropriate use from Page 2) Explain in detail your reason for requesting the information and how you plan to use the information. Attach any supporting documentation. If involving a lawsuit, please state your relationship to the case and type of lawsuit involved: The disclosure and use of the personal information (1) contained in the record you have requested is governed by the "Drivers' Privacy Protection Act", N.J.S.A. 39:2-3.3 et seq. The "Drivers' Privacy Protection Act" provides that a person who knowingly obtains or discloses information from a motor vehicle record for any use not permitted by the Act is guilty of a crime of the fourth degree and can be held liable, in a civil action in the Superior Court, to the individual to whom the information pertains, including an award of actual damages, punitive damages, and reasonable attorney's fees and litigation costs. (1) Personal Information means information that identifies an individual, including an individual s photograph; social security number; driver identification number; name; address other than the five-digit zip code; telephone number; and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver s status. You may either print the form on both sides of a single sheet or print and attach the two separate sheets. Both pages 1 and 2 must be completed and submitted for your request to be considered. REQUESTER S PRINTED NAME AND SIGNATURE ARE REQUIRED ON NEXT PAGE. DO-21 (R 8/10) Page 1 of 2

58 Requester s Name: PRINT NAME USES PERMITTED AS SET FORTH IN: N.J.S.A. 39:2-3.4(c) 1. For use in connection with matters of motor vehicle or driver safety and theft: motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and the removal of non-owner records from the original owner records of motor vehicle manufacturers. 2. For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only: a. to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and b. if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt of security interest against the individual. 3. For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, state or local court or agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court. 4. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. 5. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting. 6. For use in providing notice to the owners of towed or impounded vehicles. 7. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the "Commercial Motor Vehicle Safety Act," 49 U.S.C. App et seq. 8. For use in connection with the operation of private toll transportation facilities. 9. For use by any requester, if the requester demonstrates it has obtained the notarized written consent of the individual to whom the information pertains. Must attach Notarized Authorization To Release Personal Motor Vehicle Information form, DO-21A. N.J.S.A. 39:3-13b 10. For use by a requester, who demonstrates that they are the parent, guardian or other person with legal custody of an individual, under the age of 18, to whom the requested information pertains. The requestor must provide a copy of the birth certificate or legal document that shows the relationship between the requestor and the minor child. I certify that I will use any personal information contained in the record(s) I have requested only as permitted by the Drivers Privacy Protection Act, N.J.S.A. 39:2-3.4(c). I further certify that all the foregoing statements are true to the best of my knowledge. I understand that if any of the statements are willfully false, I am subject to punishment. Date: (Original Signature Only - Signature Stamps Are Unacceptable) DO-21 (R 8/10) Page 2 of 2

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66 THE HERNANDEZ LAW FIRM, P.C. 805 Main Street Toms River, New Jersey (732) Attorney for Defendant STATE OF NEW JERSEY vs. MUNICIPAL COURT OF PINE BEACH OCEAN COUNTY- NEW JERSEY Ticket No. s: John Doe Defendant Quasi-Criminal NOTICE OF MOTION TO REDUCE FINES AND RESTORE LICENSE Pine Beach Municipal Prosecutor Pine Beach Municipal Court 248 Washington Street 599 Pennsylvania Ave Toms River, New Jersey Pine Beach, New Jersey PLEASE TAKE NOTICE that on a date to be set by the Court, the undersigned counsel will move for an Order to reduce fines, costs, and court imposed surcharges and to rescind the previously entered order of license suspension for non-payment of fines. In Support of the within application, the undersigned counsel will rely upon the annexed certification, oral argument. THE HERNANDEZ LAW FIRM Steven W. Hernandez, Esq. Dated: 1

67 THE HERNANDEZ LAW FIRM, P.C. 805 Main Street Toms River, New Jersey (732) Attorney for Defendant STATE OF NEW JERSEY vs. MUNICIPAL COURT OF PINE BEACH OCEAN COUNTY- NEW JERSEY Ticket No. s: John Doe Defendant Quasi-Criminal CERTIFICATION I, STEVEN W. HERNANDEZ, ESQ., of full age do certify the following to be true: 1. I am an attorney at law in the State of New Jersey and represent the defendant in the above captioned matter. I am fully aware of the facts of this case to make this certification. 2. On or about September 1, 2008, defendant was charged with driving while under the influence of alcohol, in violation of N.J.S. 39:4-50, in the Municipality of Pine Beach. 3. On or about February 1, 2009, defendant pleaded guilty to driving while under the influence of alcohol. 4. Defendant was sentenced as follows: a. $400 fine; b. $33.00 Court costs c. $50 VCCA d. $75 Safe neighborhood fund e. $100 Drunk Driving Enforcement Fund f. $100 DUI Surcharge g. $75 Safe Neighborhood Fund h. $1.00 Law Enforcement Officer Crisis Intervention Services i. $1.00 Autism Medical Research and Treatment Fund j. $1.00 New Jersey Spinal Cord Research Fund k. $2.00 New Jersey Forensic DNA Laboratory Fund l. $1.00 New Jersey Brain Injury Research Fund m. 30 days jail sentence, concurrent to prison sentence defendant was serving at the time. n. 12 hours IDRC o. 7 Month license suspension 2

68 5. From his time of conviction until January 1, 2015, Defendant was incarcerated in the New Jersey State Prison and unable to pay any fines. 6. Since leaving State Prison, defendant has been unable to find full-time employment to pay the fines. Any income defendant does receive is consumed by cost of living expenses and child support obligations, leaving defendant with no discretionary income. Defendant s ability to find full-time employment has been further complicated by the court order of suspension for non-payment of fines. 7. Pursuant to N.J.S.A. 2B: (a)(3), defendant requests relief from payment of these fines as defendant does not have the ability to make payment and further enforcement would be an unjust hardship. 8. Defendant requests a rescinding order for the license suspension. 9. Reduction of the fines to $0.00 and rescission of the license suspension will allow defendant to become a productive member of society. 10. I certify that the foregoing statements made by me are true and that if they are willfully false, I may be subject to punishment. LAW OFFICE OF STEVEN W. HERNANDEZ, P.C. Dated: March 4, 2013 Steven W. Hernandez, Esq. 3

69 THE HERNANDEZ LAW FIRM, P.C. 805 Main Street Toms River, New Jersey (732) Attorney for Defendant STATE OF NEW JERSEY vs. MUNICIPAL COURT OF PINE BEACH OCEAN COUNTY- NEW JERSEY Ticket No. s: John Doe Defendant Quasi-Criminal ORDER This matter having been brought before the court upon a Motion by the Law Offices of Steven W. Hernandez, P.C., for the defendant, and good cause having been shown; IT IS on this day of, 2013 ORDERED that pursuant to 2B: (a)(3), defendant s court imposed fines, costs, and surcharges are reduced to $ ; and IT IS FURTHER ORDERED that defendant s license suspension for non-payment of fees is rescinded. IT IS FURTHER ORDERED that a copy of this Order shall be served upon the Municipal Prosecutor within 5 days of receipt of this Order. J.M.C. 4

70 2B: Inability to pay fine in full on date of court hearing; community service; installment payments; alternatives upon default on payment for inability to pay a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, penalty means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).

71 39:5-36. Incarceration on default of payment of penalty or surcharge; court action upon default on payment of a penalty a. The court may incarcerate in the county jail or workhouse of the county where the offense was committed any person upon whom a penalty or surcharge pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2) has been imposed for a violation of any of the provisions of this subtitle where the court finds that the person defaulted on payment of the penalty or surcharge pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2) without good cause and that the default was willful. Incarceration ordered under this subsection shall not reduce the amount owed by the person in default. In no case shall such incarceration exceed one day for each $50 of the penalty or surcharge so imposed, nor shall such incarceration exceed a period of 90 consecutive days. b. Except where incarceration is ordered pursuant to subsection a. of this section, if the court finds that the person has defaulted on the payment of a penalty the court may take one or more of the following actions: (1) the court shall take appropriate action to modify or establish a reasonable schedule for payment; (2) if the court finds that the circumstances that warranted the penalty have changed or that it would be unjust to require payment, the court may revoke or suspend the penalty or the unpaid portion of the penalty; or (3) if the defendant has served jail time for default on a penalty, the court may order that credit for each day of confinement be given against the amount owed. The amount of the credit shall be determined at the discretion of the court but shall be not less than $50 for each day of confinement served. When such person shall have been confined for a sufficient number of days to establish credits equal to the aggregate amount of such penalties and costs, and is not held by reason of any other sentence or commitment, he shall be discharged from such imprisonment by the officer in charge of the county jail or workhouse. c. For the purposes of this section, penalty means any fine, statutorily-mandated assessment, surcharge, or other financial penalty imposed by a court pursuant to this subtitle, but does not include a surcharge imposed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).

72 Why has the prison population increased in the last 30 years? - Everything you need to know about prisons - Vox SHARE: facebook twitter EXIT Everything you need to know about prisons BY DARA LIND NOV 23, 2014, 2:43P 1. What is prison? 2. How many people are incarcerated in the United States? 3. Why has the prison population increased in the last 30 years? 4. What crimes are people incarcerated for? CARD 3 OF 25 < > Why has the prison population increased in the last 30 years? Back in 1980, there were 319,598 people in state or federal prison in the United States. By 2013, that number was 1.57 million. That means the prison population of the US grew 380 percent over the last 30 years. Although it declined from , it started rising again in What are the demographics of The Sentencing Project Why did this happen? It's hard to point to a single cause. But academics agree that the growth of the prison population is only minimally due to crime rates. 8:09:42 AM]

73 Why has the prison population increased in the last 30 years? - Everything you need to know about prisons - Vox Crime was extremely high during 8:09:42 AM]

74 John G. Koufos is the Program Development and Reentry Manager at the Jersey City Employment Training Program. Mr. Koufos received his B.A., summa cum laude, and his M.A. from John Jay College of Criminal Justice and his J.D. from Fordham University School of Law, where he was Associate Editor on Fordham s Moot Court Board and the recipient of the Archibald R. Murray Public Service Award. He served as Judicial Law Clerk to the Honorable Edward M. Oles, JSC, New Jersey Superior Court, Ocean Vicinage. Governor James E. McGreevey was appointed as Executive Director of Jersey City s Employment and Training Program in Jersey City in July The program provides re-entry coaching for those released from prison, along with other services, is based at The Hub in the Jersey City s Jackson Hill neighborhood. He was a member of the New Jersey General Assembly, representing the 19 th Legislative District, Mayor of Woodbridge Township, served in the New Jersey Senate, and he was elected governor in Prior to entering politics, he was an assistant prosecutor and executive director of the state Parole Board. Mr. McGreevey received his bachelor s degree from Columbia University and his J.D. from Georgetown University Law Center. He received a Master s degree in education from Harvard University, and a Master s degree from General Theological Seminar, a requirement to becoming an Episcopal priest.

75 Thomas J. Eicher Tom is currently the Chief of the Criminal Division of the United States Attorney=s Office for the District of New Jersey. He has been a prosecutor in the United States Attorney s Office in New Jersey since He began his career as a prosecutor in the United States Attorney s Office for the Eastern District of Pennsylvania in He has investigated and prosecuted virtually every type of federal offense. Tom is currently the chair of the Criminal Chief s Working Group, and a member of the Attorney General s Advisory Committee, a group of 16 Attorneys from around the country which advises the Attorney General on policy matters. Tom helped establish ReNew, the first federal reentry court in New Jersey in 2012, and has been an active member of the ReNew team since. Renew provides intensive support and supervision to high risk individuals returning from prison. Tom also is an active member of NJPOP, a federal pre-entry court designed to help addicted individuals address their substance abuse problems prior to imposition of their sentence in return for reducing or eliminating their terms of incarceration. Tom is a graduate of Princeton University and the University of Pennsylvania Law School. He clerked for the Honorable James R. Browning, Chief Judge, United States Court of Appeals for the Ninth Circuit.