FORMS FORM 1 SAMPLE LETTER OF APPEARANCE - Gann · PDF fileAPPENDIX T - FORMS FORM 1 SAMPLE LETTER OF APPEARANCE [Law Firm Letterhead] [date] RE: Bad Boy Summons 123456

APPENDIX T - FORMS

FORM 1

SAMPLE LETTER OF APPEARANCE

[Law Firm Letterhead]

[date]

RE: Bad Boy Summons 123456

Dear Judge Smith:

Please be advised that the undersigned has been retained to represent Mr. BadBoy in the above captioned matter. I have advised Mr. Bad Boy of the nature ofthe charges and potential penalties. I have also advised Mr. Bad Boy of his rightto an attorney, and the right to remain silent.

Based upon my advice, my client wishes to plead not guilty.

By copy of this letter I have informed the Municipal Prosecutor of my client’splea. Discovery has been requested by separate cover from the MunicipalProsecutor and the police entity.

Please adjourn this matter for a sufficient time for me to obtain and reviewdiscovery with my client and potential experts.

I would specifically request that a copy of my client’s drivers abstract andcriminal history be included.

Please maintain my client on his current bail status.

I would request that the Court sign and return the enclosed order directing thePolice entity to preserve for duplication all audio and video tapes that relate to thisincident.

Very truly yours,

FORM 2

DISCOVERY DEMAND - BREATHALYZER

[Law Firm Letterhead]

[date]

Municipal ProsecutorAttn: Prosecutor’s Mailbox

RE: Summons No.

Dear Sir or Madam:

Please be advised that this office represents the above captioned defendant whohas been charged with, among other violations, a violation of N.J.S.A. 39:4-50.

Kindly forward all discovery with respect to this matter pursuant to R. 7:7-7.In order that there be no misunderstanding, please be advised that in addition tothe usual police reports, we specifically request that the following items beprovided in a discovery:

1. If a 900 A breathalyzer instrument was used on the defendant, we request acopy of all FCC licenses held by this Municipality. Additionally, we request acopy of the last breathalyzer certificate wherein a full battery of RFI testing wasconducted;

2. The eleven (11) breathalyzer certificates for the machine used on thedefendant that precede the arrest date. The breathalyzer certificate that was takenon the first date after the arrest date of the defendant;

3. Copies of the curriculum vitae of the breathalyzer coordinator whoconducted the before and after inspection for the machine in question.

4. Copies of any written report of any statements that the State intends to useagainst the defendant. A summary of any unwritten statements made by thedefendant but not written down, known to either any officer involved with the caseor the prosecutor.

5. If this case involves the drawing of a blood sample, we request specifically,but not exclusively, the production of the laboratory report, the request forexamination of evidence, all other documents necessary for the chain of custodyproduction of gas chromatographic representation, all notes taken by the lab

DISCOVERY DEMAND - BREATHALYZERtechnician and any reports with regard to the drawing of the blood and it havingbeen done in a medically acceptable manner together with all consent for thedrawing of the blood.

6. Copies of any and all original police telephone and/or dispatch logs relativeto this defendant. Specifically relating to any call in by the officer regarding eitherthe identity, stop or release of the defendant or his motor vehicle;

7. Preservation for defense examination of original sound recording of anypolice communication relative to this case including, but not limited to, radio ortelephone communication. Please advise us promptly when and where we mayinspect and/or examine same. We require such evidence be preserved for trial.

8. Copy of evidence logs with respect to video tape and/or audio tapes chain ofevidence;

9. Names and home address of any witness intended to be presented at trial orknown to the State to possess relevant or exculpatory knowledge concerning theabove captioned matter.

10. Copies of any and all reports made by investigating police officersincluding, but not limited to, rough notes, hand written notes or dictation tapes;

11. Copy of police policy or procedure which was existent on the date of thisdefendant’s arrest regarding facilitation of blood, breath, or urine independenttesting;

12. Any other evidence obtained by observation of police witnesses intendedto be used against defendant at trial that is not part of a written police reportfurnished to defense counsel;

13. Any available evidence known to the prosecutor that would tend to negatethe guilt of defendant, mitigate the degree of the defense, or reduce thepunishment, regardless of whether it will damage the State’s case, including butnot limited to any evidence that may show that defendant’s actions fall outside thestatutory definition of driving “under the influence”;

14. If photographs, sound recordings or video recordings were taken ofdefendant;

a. the name of the person who took the photographs or acted as technician forsound or video recordings;

b. the time the photographs, sound or video recordings were taken;c. the location at which they were taken;d. the circumstances under which they were taken;e. the present location of any photographs, sound or video recordings;f. the technical experience of the person who took the photographs or who

acted as technician for the sound or video recordings;g. whether defendant was read his Miranda rights or any other rights prior to

the taking of the photographs, sound or video recordings; and

FORM 2h. whether defendant was given an opportunity to refuse to have his picture

taken, or be subject to sound or video recordings, and if so, what was said to thedefendant concerning his right to refuse.

15. If the defendant was given a horizontal gaze nystagmus test, or any otherstandardized field sobriety test;

a. the name of the person who administered the test;b. the names of any witness or witnesses to the test;c. the location at which the test was given;d. the circumstances under which the test was given;e. the qualifications, training and/or certification of the person administering

the gaze nystagmus test (optometrist, physician, officer receiving field training);f. whether the person administering the gaze nystagmus test correlated the test

to a particular blood alcohol concentration and, if so, the particular blood alcoholconcentration;

g. all factors used by the person administering the gaze nystagmus test to ruleout causes of nystagmus other than blood alcohol concentration;

h. a copy of any certificate indicating the officer had training to conduct thistest;

16. Copies of all training certificates for any person who administered balancetests to the defendant prior to or after the arrest of the defendant for DWI. Copiesof all course materials used in such training;

17. Copies of all written procedures with regard to reporting of malfunctions ofthe breathalyzer. Copies of all reports for the period beginning with the lastbreathalyzer test before the arrest and ending with the breathalyzer test after thearrest.

As you know R 7:7-8(f) requires that the prosecutor respond to this requestwithin 10 days of receipt. Your reasonable charges for copying and mailing thisdiscovery will be promptly paid upon receipt of written notice. Please advisepursuant to R. 7:7-8(e)(1), in writing, if you are objecting to any of the aboverelevant requests in advance of trial so that formal motions might be filed.Additionally, please be advised that the defendant asserts his/her constitutionalright to a speedy trial.

Thank you for your consideration in this matter. I look forward to seeing youon the day of trial. Should you have any questions, kindly contact this writer.

Very truly yours,

FORM 3

DISCOVERY DEMAND - ALCOTEST

[Law Firm Letterhead]

[date]

Municipal ProsecutorAttn: Prosecutor’s Mailbox

RE:

Dear Sir or Madam:

Please be advised that this office represents the above captioned defendant whohas been charged with, among other violations, a violation of N.J.S.A. 39:4-50.

Kindly forward all discovery with respect to this matter pursuant to R. 7:7-7.In order that there be no misunderstanding, please be advised that in addition tothe usual police reports, we specifically request that the following items beprovided in a discovery:

1. All documents set forth in the Supreme Court’s Order of March 17, 2008 inthe case of State v. Chun

2. Copies of any written report of any statements that the State intends to useagainst the defendant. A summary of any unwritten statements made by thedefendant but not written down, known to either any officer involved with the caseor the prosecutor.

3. If this case involves the drawing of a blood sample, we request specifically,but not exclusively, the production of the laboratory report, the request forexamination of evidence, all other documents necessary for the chain of custodyproduction of gas chromatographic representation, all notes taken by the labtechnician and any reports with regard to the drawing of the blood and it havingbeen done in a medically acceptable manner together with all consent for thedrawing of the blood.

4. Copies of any and all original police telephone and/or dispatch logs relativeto this defendant. Specifically relating to any call in by the officer regarding eitherthe identity, stop or release of the defendant or his motor vehicle;

5. Preservation for defense examination of original sound recording of anypolice communication relative to this case including, but not limited to, radio or

FORM 3telephone communication. Please advise us promptly when and where we mayinspect and/or examine same. We require such evidence be preserved for trial.

6. Copy of evidence logs with respect to video tape and/or audio tapes chain ofevidence;

7. Names and home address of any witness intended to be presented at trial orknown to the State to possess relevant or exculpatory knowledge concerning theabove captioned matter.

8. Copies of any and all reports made by investigating police officers including,but not limited to, rough notes, hand written notes or dictation tapes;

9. Copy of police policy or procedure which was existent on the date of thisdefendant’s arrest regarding facilitation of blood, breath, or urine independenttesting;

10. Any other evidence obtained by observation of police witnesses intendedto be used against defendant at trial that is not part of a written police reportfurnished to defense counsel;

11. Any available evidence known to the prosecutor that would tend to negatethe guilt of defendant, mitigate the degree of the defense, or reduce thepunishment, regardless of whether it will damage the State’s case, including butnot limited to any evidence that may show that defendant’s actions fall outside thestatutory definition of driving “under the influence”;

12. If photographs, sound recordings or video recordings were taken ofdefendant;

a. the name of the person who took the photographs or acted as technician forsound or video recordings;

b. the time the photographs, sound or video recordings were taken;c. the location at which they were taken;d. the circumstances under which they were taken;e. the present location of any photographs, sound or video recordings;f. the technical experience of the person who took the photographs or who

acted as technician for the sound or video recordings;g. whether defendant was read his Miranda rights or any other rights prior to

the taking of the photographs, sound or video recordings; andh. whether defendant was given an opportunity to refuse to have his picture

taken, or be subject to sound or video recordings, and if so, what was said to thedefendant concerning his right to refuse.

13. If the defendant was given a horizontal gaze nystagmus test, or any otherstandardized field sobriety test;

a. the name of the person who administered the test;b. the names of any witness or witnesses to the test;c. the location at which the test was given;d. the circumstances under which the test was given;

DISCOVERY DEMAND - ALCOTESTe. whether any video tape was made of the test;f. the qualifications, training and/or certification of the person administering

the gaze nystagmus test (optometrist, physician, officer receiving field training);g. whether the person administering the gaze nystagmus test correlated the test

to a particular blood alcohol concentration and, if so, the particular blood alcoholconcentration;

h. all factors used by the person administering the gaze nystagmus test to ruleout causes of nystagmus other than blood alcohol concentration;

i. a copy of any certificate indicating the officer had training to conduct thistest;

j. copies of any written paperwork not provided previously which kept track ofthe point system employed by the officer to determine that the defendant wasintoxicated.

14. Copies of all training certificates for any person who administered balancetests to the defendant prior to or after the arrest of the defendant for DWI. Copiesof all course materials used in such training;

15. Copies of all written procedures with regard to reporting of malfunctions ofthe Alcotest. Copies of all reports for the period beginning with the last Alcotestbefore the arrest and ending with the Alcotest after the arrest.

As you know R. 7:7-8(f) requires that the prosecutor respond to this requestwithin 10 days of receipt. Your reasonable charges for copying and mailing thisdiscovery will be promptly paid upon receipt of written notice. Please advisepursuant to R. 7:7-8(e)(1), in writing, if you are objecting to any of the aboverelevant requests in advance of trial so that formal motions might be filed.Additionally, please be advised that the defendant asserts his/her constitutionalright to a speedy trial.

Thank you for your consideration in this matter. I look forward to seeing youon the day of trial. Should you have any questions, kindly contact this writer.

Very truly yours,

cc: Somewhere Municipal Court Somewhere Police Department - Records Clerk John Doe

FORM 4

REQUEST FOR PRESERVATION OF BLOOD SAMPLE

[Law Firm Letterhead]

[date]

Via Fax to (732) 974-8928 and Regular Mail

New Jersey State Police Lab

Eastern Regional Section

Sea Girt Avenue

Sea Girt, NJ 08750

Attn: Steve Andrews

RE: State vs. defendant, Summons No.

Date of Offense -

Dear Mr. Andrews:

It has come to my attention that the second vial of blood with regard to theabove captioned matter has been forwarded to the lab.

On ____, Mr. ____ was involved in a motor vehicle stop resulting in asummons being issued for a DWI and blood being taken for testing. Pleasepreserve the second vial of blood for testing at a later date. The appropriate motionwill be filed with the Municipal Court and the appropriate order with beforthcoming.

Thank you for your cooperation and attention in this regard. Should you haveany questions, please do not hesitate to contact me.

Very truly yours,

FORM 5

REQUEST FOR PRESERVATION OF AUDIO AND VIDEO TAPES

[Law Firm Letterhead]

[date]

Municipal ProsecutorPolice Department

RE: Summons No. __, State v. defendant.

Dear Sir or Madam:

Please ensure that all police tapes and logs pertaining to the above-referencedmatter are preserved. This would be for the period of April 12, 2002 beginning at11:00 PM to April 13, 2002 at 2:00 AM.

Thank you for your consideration in this matter.

Very truly yours,

FORM 6

MOTION TO PRODUCE VIDEOTAPE

STATE OF NEW JERSEY

Plaintiff

vs.

Defendant

MUNICIPAL COURT OF

Summons#

NOTICE OF MOTION FORPRODUCTION OF VIDEO

TO: Municipal Prosecutor

Attn: Prosecutor’s Mailbox

Municipal Court

PLEASE TAKE NOTICE that at a time and date set by the Court, theundersigned will make an application for an order that the State provide a copy ofthe video tape of the within matter.

PLEASE TAKE FURTHER NOTICE that briefs and Certifications will befiled in accordance with the direction of this Court.

PLEASE TAKE FURTHER NOTICE that the undersigned requestsdisposition on the papers unless objection is filed.

Attorney for Defendant

Dated:

MOTION TO PRODUCE VIDEOTAPESTATE OF NEW JERSEY

Plaintiffvs.

Defendant

MUNICIPAL COURT OFSummons#

ORDER FOR PRODUCTION OFVIDEO

THIS MATTER having been brought before the Court by _____________ andin the presence of the Prosecutor for the Municipal Court of and good causehaving been shown;

IT is on this ___ day of ___, 2006

ORDERED that a copy of the video tape taken from the State Police vehicle on_______ , 2006 regarding the above captioned matter be forwarded to ________,Esq., or released to my Private Investigator, if same is still available; and it isfurther

ORDERED that same be provided within ___ days of the date of this order.

_________________________J.M.C.

FORM 7

MOTION TO SUPPRESS EVIDENCE

STATE OF NEW JERSEYPlaintiff

vs.

DefendantMUNICIPAL COURT OF SUMMONS # A 219913

NOTICE OF MOTION TOSUPPRESS

TO: Municipal ProsecutorProsecutor’s Mailbox

PLEASE TAKE NOTICE that at a time and date set by the Court, theundersigned will make an application to suppress all evidence based on thewarrantless stop and arrest.

PLEASE TAKE FURTHER NOTICE that briefs and Certifications will befiled in accordance with the direction of this Court.

Attorney for Defendant

MOTION TO SUPPRESS EVIDENCESTATE OF NEW JERSEY

Plaintiffvs.

DefendantMUNICIPAL COURT OFSUMMONS # A 219913

ORDER

Upon the appearance of _______________ for the defendant and theMunicipal Prosecutor for the Township of ________and for good cause shown

IT IS on this ___day of ____, 200

ORDERED that any and all evidence seized as a result of the warrantless stopand arrest of the defendant is hereby suppressed.

___________________J.M.C.

FORM 8

MOTION TO PROVIDE DISCOVERY OR DISMISS COMPLAINT

STATE OF NEW JERSEYPlaintiff

vs.

DefendantMUNICIPAL COURT OFSummons #

NOTICE OF MOTION TOPROVIDE DISCOVERY AND/ORDISMISS THE COMPLAINT

TO: Township Municipal ProsecutorAttn: Prosecutor’s Mailbox

PLEASE TAKE NOTICE that on a date and time set by the Court, theundersigned will make an application, pursuant to State v. Holup, for an orderdirecting the State to produce discovery or to dismiss the complaint[s] against thedefendant.

PLEASE TAKE FURTHER NOTICE that defendant will rely upon theannexed certification.

Attorney for DefendantDated:

MOTION TO PROVIDE DISCOVERY OR DISMISS COMPLAINTSTATE OF NEW JERSEY

Plaintiffvs.

DefendantMUNICIPAL COURT OFSummons #

CERTIFICATION

I, __________, Esq. do hereby certify and say:

1. I am an attorney with the law offices of __________ and am fully familiarwith the facts of the within matter.

2. On __________,a demand for discovery was made upon the MunicipalProsecutor of _____________ via regular mail.

3. In accordance with R. 7:7-7(f) the prosecutor has ten days after receipt of therequest to respond to same.

4. More than ten days has passed and there has not been any response. Nodiscovery has been provided, nor has a motion been made for a protective order.

5. The State failed to comply with the rules.

6. Pursuant to State v. Holup, 253 NJ Super 320 (App. Div. 1992) we arerequesting that the court order that the State provide discovery by a date certainand that upon their failure to do so that the complaint(s) will be dismissed.

I hereby certify that the foregoing statements made by me are true. If theforegoing statements made by me are willfully false, I am subject to punishment.

______________Attorney for DefendantDated:

FORM 8STATE OF NEW JERSEY

Plaintiffvs.

DefendantMUNICIPAL COURT OFSummons #

ORDER TO PROVIDE DISCOVERY AND/OR DISMISS THE COMPLAINT

Upon the appearance of _______________, attorney for defendant, and theMunicipal Prosecutor for the Municipality of __________and for good causeshown;

IT IS on this ___ day of______ , 200

ORDERED all discovery for the within matter be provided by the State to thedefendant within __ days of the date of this order; and it is further

ORDERED that if discovery is not provided within said time period allcomplaints against the defendant will dismissed for failure to provide discovery inaccordance with the rules.

______________________J.M.C.

FORM 9

PRETRIAL ORDER

FORM 9

FORM 10REQUEST TO APPROVE PLEA AGREEMENT

FORM 11

(RESERVED)

FORM 12

PLEA BY MAIL

FORM 12-A

GUILTY PLEA BY MAILNON-TRAFFIC MATTERS