2053 Woodbridge Avenue - Edison, NJ 08817

Kenneth Vercammen is a trial attorney in Edison, NJ. He is a speaker at the annual Nuts & Bolts of Estate Administration & Elder Law program, American Bar Association General Practice Division. New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week litigation and contested Probate hearings.

Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation 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.

Monday, November 14, 2016

E505 1. Veteran's Day 2. Veterans and Sons of Veterans should join the American Legion. 3. Reasons to sign a Power of Attorney. 4. Next community events. 5. No Search Warrant needed for some Cell Phone Records.


NJ LAWS EMAIL NEWSLETTER E505
Kenneth Vercammen, Attorney at Law

November 9, 2016

Greetings!
In this issue:

1. Veteran's Day
2. Veterans and Sons of Veterans should join the American Legion.
3. Reasons to sign a Power of Attorney.
4. Next community events.

5. No Search Warrant needed for some Cell Phone Records. 
1. Veteran's Day - Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918. In 1954, Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.

         While in college I wrote my senior class project on my grandfather, Albert Louis Vercammen who fought in WWI against the German army with the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy.
         Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on the Battleship New Jersey crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy.
         While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had hot nurses, the ones in Korea were all ugly. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists.
         My father in law, John Bachenski, served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy.

 2. Veterans and Sons of Veterans should join the American Legion.

      To honor my dad and other veterans I recently joined the Sons of American Legion. I am now am an Member, Sons of American Legion, Edison Father & Son Post 435, which is located on 43 Oakland Ave, Edison, NJ 08817 near Plainfield Ave and Wick Plaza.
        The American Legion was chartered by Congress in 1919 as an organization for wartime veterans. Membership is open only to men and women who served active duty in the US Armed Forces during specific periods designated as "war time" by the US Congress, and who have received an honorable discharge, or are still serving honorably. Eligible veterans would be able to provide a Form DD214 (or similar) to verify their eligibility. If you don't meet these requirements, you can still support the USA and Posts of the American Legion.
       It's possible that you may be able to join one of the other organizations in the "Legion Family." The Sons of The American Legion (SAL) is comprised of male descendants, adopted sons and stepsons of American Legion members. (There are no age limitations.) Many posts have an active SAL program and you can contact one near you to learn more. (Visitwww.legion.org/sons for more information.)
        Their sister organization is the American Legion Auxiliary. Eligibility is open to mothers, wives, daughters, sisters, granddaughters, great grand daughters, or grandmothers of members of The American Legion, or of deceased veterans who served in the United States Armed Forces during the listed war eras.

      The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans organization devoted to mutual helpfulness. It is the nation's largest wartime veterans service organization, committed to mentoring youth and sponsorship of wholesome programs in our communities, advocating patriotism and honor, promoting strong national security, and continued devotion to our fellow service members and veterans.
       Hundreds of local American Legion programs and activities strengthen the nation one community at a time. American Legion Baseball is one of the nation's most successful amateur athletic programs, educating young people about the importance of sportsmanship, citizenship and fitness. The Operation Comfort Warriors program supports recovering wounded warriors and their families, providing them with "comfort items" and the kind of support that makes a hospital feel a little bit more like home. The Legion also raises millions of dollars in donations at the local, state and national levels to help veterans and their families during times of need and to provide college scholarship opportunities.

To contact the American Legion, Edison Father & Son Post 435, call 732-985-9768. 
Hall Rental also available for events.


3. Reasons to sign a Power of Attorney

       A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now.  The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html

      In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. 
    The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal. 
      New Jersey has detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
    The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.   Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.  
      The Power of Attorney can be effective immediately upon signing or only upon disability. People who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.

4. Upcoming Community Events.

November 13, 2016
Hashathon 6.6 Mile Cheesequake 
Challenging, dangerous trails, great post race party with band, 
11:00 AM

November 14    
The Last Wills, Estate Planning & Probate Seminar of the year
Metuchen Library | 7:00 PM
480 Middlesex Ave. Metuchen, NJ 08840

November 19
Manasquan Turkey 5-Mile Run
11:00 AM
Party at taverns after race, discounted beer.

November 20, 2016 
Rolling Stones Expo NYC

November 25, 2016
Born to Run 5-Mile Run
Freehold, NJ | 11:00 AM

November 26, 2016
Crazy Eddie Memorial Hash Run
Not a race, trail hash with beverage stops.
Saturday

November 27, 2016
Navesink Challenge 15k & 5k 
10:00 AM
10:10 for 5k Post Race at Red Bank Elks.
5. No search warrant needed for some Cell phone records. State v. Lunsford 226 NJ 129 (2016) 

      As a long-standing feature of New Jersey law, telephone-billing records are entitled to protection from government access under the State Constitution.  Because they reveal details of one's private affairs that are similar to what bank and credit card records disclose, these areas of information should receive the same level of constitutional protection and be available based on a showing of relevance.  Direct judicial oversight of the process is required to guard against the possibility of abuse, and in order to obtain a court order requiring production of telephone billing records, the State must present specific facts to demonstrate that the records are relevant and material to an ongoing criminal investigation.  




Editorial Assistance Provided by Kwame Greer-Williams. Mr. Greer-Williams is participating in Ken Vercammen's Fall Internship Program and currently a student at Felician University.

Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Wednesday, October 26, 2016

E504 1. NJ Estate Tax to be eliminated on Estates under $2,000,000 as of January 1, 2017. 2. Edison Will Seminar, Nov. 3 and Nov. 14 3. Recent Cases: Search warrant did not permit search of persons off premises. 4. Upcoming Events.

NJ LAWS EMAIL NEWSLETTER E504
Kenneth Vercammen, Attorney at Law

October 26, 2016

In this issue:
1. NJ Estate Tax to be eliminated on Estates under $2,000,000 as of January 1, 2017.
2. Edison Will Seminar, November 3rd and November 14th.
3. Recent Cases: Search warrant did not permit search of persons
off premises.
4. Upcoming Charity Races.

1. NJ Estate Tax to be eliminated on Estates under $2,000,000 as of January 1, 2017.  
   
10/14/2016 Approved P.L.2016, c.57.
      NJ Chapter Law c.57. reduces the sales and use tax rate from 7 percent to 6.875 percent on January 1, 2017 and reduce the rate from 6.875 percent to 6.625 percent on January 1, 2018. The law will revise the special transition provisions for taxing sales transactions that extend across the tax rate change dates. 
     The law will phase out the estate tax over two rather than four years, by first replacing the current $675,000 threshold with a "true" exclusion amount established at $2.0 million for decedents dying on or after January 1, 2017, and then eliminating the estate tax for decedents dying on and after January 1, 2018.  The law will also eliminate provisions of the bill that provided for the imposition of the estate tax on the New Jersey property of nonresident decedents. 
     The law will cap the proposed increase in the gross income tax pension and retirement income exclusions to $100,000 for joint filers, $75,000 for individuals, and $50,000 for married but filing separately upon the full, four-year phase-in, by January 1, 2020, of the enhanced exclusion.  Under the law will, the phase in of the increase is as follows: 
 
Filer TypePresent 2017 2018
Joint$20,000 $40,000 $60,000
Individual$15,000 $30,000 $45,000
Separate$10,000 $20,000 $30,000
 
        The law will also eliminate the provision, for taxable years beginning on or after January 1, 2021, that allowed a taxpayer with income of more than $100,000 but not over $125,000 to exclude 50 percent of the amount of pension and retirement income otherwise allowed and a taxpayer with more than $125,000 but not more than $150,000 of gross income to exclude 25 percent of the amount otherwise allowed.
 
NJSA 54:38-1 is amended to read as follows:
     54:38-1.  a. In addition to the inheritance, succession or legacy taxes imposed by this State under authority of chapters 33 to 36 of this title (R.S.54:33-1 et seq.), or hereafter imposed under authority of any subsequent enactment, there is hereby imposed an estate or transfer tax:
     ..
     (2)   (a)   Upon the transfer of the estate of every resident decedent dying after December 31, 2001, but 2[after December 31, 2016,] before January 1, 2017,2 which would have been subject to an estate tax payable to the United States under the provisions of the federal Internal Revenue Code of 1986 (26 U.S.C. s.1 et seq.) in effect on December 31, 2001, the amount of which tax shall be, at the election of the person or corporation liable for the payment of the tax under this chapter, 
     For the transfer of the estate of each resident decedent dying on or after January 1, 2017, but before January 1, 2018, the exclusion amount is  $2,000,0002.
 
For the transfer of the estate of each resident decedent dying on or after January 1, 3[ 2020] 20183 , there shall be no tax imposed.
     3[(5)  Upon the transfer of the real or tangible personal property within New Jersey of each nonresident decedent dying on or after January 1, 2017, but before January 1, 2020, which tax shall bear the same ratio to the entire tax which that estate would have been subject to pursuant to subparagraphs (a) and (b) of paragraph (3) 2 and paragraph (4) 2 of this subsection if that nonresident decedent had been a resident of this State, and all of the decedent's property, real and personal, had been located within this State, as the taxable property within this State bears to the entire estate, wherever situated.]3
 
2. Edison Will Seminar, November 3rd and November 14th.
 
November 3 at 7pm Edison Clara Barton Library
Wills, Estate Planning & Probate Seminar 
New date and location 
141 Hoover Ave, Edison, NJ 08837   
 
November 14 Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program 
480 Middlesex Ave. Metuchen, NJ 08840
3. Recent Cases: Search warrant did not permit search of persons  
off premises. State v. Bivins 226 NJ 1 (2016).
 

      Because the State did not provide adequate proof that the individuals found in a car had been present at the targeted residence when the warrant was being executed moments before their apprehension, the warrant did not provide authority for the search of the two off-premises individuals.

4. Upcoming Charity Races.

October 29, 2016
HoBOOken 5K & Scary Scurry
2016 Halloween Fun Run hobooken5k.com/ 
10:00 AM | Pier A Park 
co-sponsor by Wakefern Shoprite

November 6, 2016
RUN with the VIKINGS 5K 
10:00 AM | South Brunswick High School 11/6 
Bob Tona's Good Event 
 
November 6, 2016
Watch NY Marathon

November 13, 2016
Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band. 
11:00 AM
732-542-6090 

November 19, 2016
Manasquan Turkey 5- mile Run  
11:00 AM
Party at taverns after race, discount beer.
Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 
 
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Monday, October 17, 2016


E503 1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016) 2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016) 3. Reasons to sign a Power of Attorney. 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar. 5. Next Will & Estate Planning Programs

NJ LAWS NEWSLETTER E503 
Kenneth Vercammen, Attorney at Law

October 12, 2016

In this issue:
1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016)  
2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016) 
3. Reasons to sign a Power of Attorney. 
4. Handling DRug, DWI and Serious Cases in Municipal Court Seminar. 
5. Next Will & Estate Planning Programs.

1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016)     

The trial court and Appellate Division properly concluded that the motor-vehicle stop violated the Federal and State Constitutions. The language of the high-beam statute, N.J.S.A. 39:3-60, is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle. The judgment of the Appellate Division upholding the trial court's suppression of the evidence is affirmed.
2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016)  
The record contains ample evidence to support the Appellate Division's conclusion that Betty Cushing did not have actual authority to consent to the search of defendant's room, and Betty could not have conferred through any power of attorney an authority that she did not possess herself. In addition, it was not objectively reasonable for Officer Ziarnowski to rely on an apparent authority by Mylroie as the basis for valid third-party consent to his initial search of defendant's bedroom.

3. Reasons to sign a Power of Attorney. 

A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now.The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
New Jersey has a detailed, expensive legal procedure, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability. Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
 
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
October 24 5:30PM-9:00PM
NJ Law Center, New Brunswick
Sponsored by the NJ State Bar Association NJSBA
Speakers:                                                                                                       
Norma M. Murgado, Esq., 
      Chief Prosecutor- Elizabeth; Assistant Prosecutor-Woodbridge
Tara Auciello                      
      Edison Prosecutor
Kenneth Vercammen, Esq., 
      Past Municipal Court Attorney of the Year             
John Menzel, Esq.,                                                                                                   Past Chair Municipal Court Section
William Brigiani                                                                                                       Past MCBA Municipal Court Attorney of the Year
         
Tuition l $170- $190 tuition depending on NJSBA membership Seminar #ICCRM150716 http://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=8428659 Location: New Jersey Law Center
                                                                                                            
Municipal Court Judges can attend for ½ price. Full time Judges attend for free. Law students can attend for free [dinner, book, CD not included.] For Fees and information visit http://www.njicle.com or call NJ ICLE (732) 214-8500

5. Next Will & Estate Planning Programs.


October 17 
South Brunswick Library 
Wills, Estate Planning, & Probate Seminar at 7pm 
Free community program 
110 Kingston Lane Monmouth Junction, NJ, 08852 southbrunswicklibrary@gmail.com 
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ Author ABA Wills & Estate Administration
All open to the public. You don't have to be a town resident to attend.

November 3 at 7pm
Edison Clara Barton Library
Wills, Estate Planning, & Probate Seminar 
New date and location
Free community program
Clara Barton Library, 141 Hoover Ave, Edison, NJ 08837 (732)-738-0096
For info call (732)-287-2298 x 228
To register go to http://www.edisonpubliclibrary
Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Monday, October 10, 2016

E502 1.Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop State v. Stein 225 NJ 582 (2016) 2. October Library Estate Planning programs. 3. HELP WANTED- Clerk for Law Office- envelope stuffing, misc. clerk duties Oct 5- Dec 10 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar 5. Alcotest DWI Breath Test Coordinator N.J. State Police Sergeant Charged With Records Tampering in DWI Cases For Failure To Conduct Proper Tests of Breath Machines

NJ LAWS EMAIL NEWSLETTER E502
Kenneth Vercammen, Attorney at Law

September 29, 2016


In this issue:
1. Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop. State v. Stein 
2. October Library Estate Planning programs. 
3. HELP WANTED- Clerk for Law Office - envelope stuffing, misc. clerk duties Oct 5 - Dec 10.
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
5. Alcotest DWI  Breath Test Coordintor N.J. State Police Sergeant Charged With Records Tampering in DWI Cases For Failure To Conduct Proper Tests of Breath Machines.

1. Prosecutor must provide videotape and audiotape plus names of officers from other towns involved in stop. State v. Stein 225 NJ 582 (2016).
  
   Under Rule 7:7-7(b), the municipal prosecutor was required to provide defendant with the names of the police officers from the adjacent jurisdiction who responded to the accident scene. Because, when the prosecutor failed to provide the information, defendant did not raise this issue before the municipal court, or seek relief under the Rule, the issue has been waived. The prosecutor was also required to provide the videotapes that defendant requested, if they existed, since such information was clearly relevant to a DWI defense. Because the Court cannot determine from the record whether any videotapes exist, the matter is remanded to the Law Division for further proceedings on this issue. 
2. October Library Estate Planning programs.
Thursday, October 6th at 7PM
Wills, Probate & Estate Administration in NJ Seminar
East Brunswick Public Library
2 Jean Walling Civic Center East Brunswick, NJ 08816
October 11, 2016 at 1pm
Wills & Power of Attorney Seminar
Old Bridge Library
1 Old Bridge Plaza Old Bridge NJ 08857
October 13 at 7pm
Wills & Power of Attorney Seminar
Piscataway Library Kennedy Branch
500 Hoes Lane Piscataway NJ 08854
South Brunswick Library
Wills, Estate Planning & Probate Seminar
October 17 at 7pm   Free community program
110 Kingston Lane                   
Monmouth Junction NJ 08852  southbrunswicklibrary@gmail.com

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                  Author ABA Wills & Estate Administration
        All open to the public. You don't have to be a town resident to attend.
3. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties Oct 5 - Dec 10
Monday-Friday
2-3 hours per day  Monday- Friday     start 8:55am
$8.50 per hour
        OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
- Preparation of documents on Computer and mail to courts
-Telephone Answering
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on litigation cases
 Must be dependable and committed to perfection. 
     A good way to learn Law Office procedures
Call Law Office of Kenneth Vercammen & Associates at 732-572-0500
Check out our website at www.njlaws.com to see more information on our law office.
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
October 24 5:30PM-9:00PM
NJ Law Center, New Brunswick
Sponsored by the NJ State Bar Association NJSBA
Speakers:                                                                                                       
Norma M. Murgado, Esq., 
      Chief Prosecutor- Elizabeth; Assistant Prosecutor-Woodbridge
Tara Auciello                      
      Edison Prosecutor
Kenneth Vercammen, Esq., 
      Past Municipal Court Attorney of the Year             
John Menzel, Esq.,                                                                                                   Past Chair Municipal Court Section
William Brigiani                                                                                                       Past MCBA Municipal Court Attorney of the Year
                                                                                                                      
Municipal Court Judges can attend for ½ price. Full time Judges attend for free.
        Please share with your Judge, Prosecutor, Public Defender and Court Staff.  For fees and information visit http://www.njicle.com or call NJ ICLE (732) 214-8500  Law enforcement can attend same cost as attorney.

5. Alcotest DWI Breath Test Coordinator N.J. State Police sergeant charged with records tampering in DWI cases for failure to conduct proper tests of breath machines.

    A New Jersey State Police sergeant has been charged with records tampering for allegedly skipping a required step in the calibration of alcohol breath-testing devices, documents show. 
The disclosure could open up more than 20,000 DWI cases to court challenges, according to a copy of a letter sent to court administrators and obtained by NJ Advance Media on Monday.
     Sgt. Marc Dennis, a coordinator in the State Police Alcohol Drug Testing Unit, is accused of third degree tampering with public records and fourth degree falsifying or tampering with records, according to the letter, sent Monday by the state Division of Criminal Justice, which brought the charges.  
   Elie Honig, the division's director, wrote that Dennis was accused of deliberately omitting a step in re-calibrating three Alcotest devices - more commonly known as breathalyzers - which are used to test the intoxication level of accused drunken drivers. Dennis' attorney, Robert Ebberup, said Monday his client denies the charges and plans to plead not guilty.
    Lt. Brian Polite, a spokesman for the State Police, said Monday that Dennis' behavior was noticed by his supervisor and "immediately reported" to the division's internal affairs unit, the Office of Professional Standards. 
"Once it was determined that there was a possibility of criminal charges being filed, it was then referred to Division of Criminal Justice," he said. 
Honig said the alleged omission does not undermine the scientific credibility of any State Police test results.
   But Dennis calibrated Alcotest instruments in Middlesex, Monmouth, Ocean, Somerset, and Union counties over the course of seven years, and state authorities have identified 20,667 individual cases involving devices he handled, according to the letter.
    The accusation could create a tangle of litigation similar to another State Police case involving a drug lab technician, Kamalkant Shah, who was accused of falsifying test results in a single marijuana case, bringing nearly 15,000 drug cases into question.
As in the drug lab case, the Attorney General's Office has requested a judge be appointed as a "special master" to field the potential glut of appeals.
  State authorities allege that Dennis falsely certified to performing temperature checks when recalibrating the Alcotest devices, which were used in two DWI cases before being taken out of service.
    Honig said that step, while not scientifically necessary, is required under a procedure developed by the State Police's chief forensic scientist. That procedure was created to comply with a state Supreme Court decision regarding the admissibility of DWI test results in court, known as State v. Chun, the letter said. "The breath test results were not relied upon in reaching the disposition of these two cases," Honig wrote. "We have notified defense counsel in those cases of the circumstances described in this letter."
   Dennis was suspended without pay on Monday, according to Polite. Ebberup, the sergeant's attorney, said he could not yet comment on the specific charges but was preparing to "mount a vigorous defense."



Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Tuesday, September 13, 2016

E501 1. Fly the Flag on 9/11 2. Termination of Child Support after High School Graduation and Upon Emancipation 3. Volunteer Legal Interns needed, Public Defender of Metuchen 4. No mandatory jail on leaving scene 5. Next Community events 6. Recent Youtube links

NJ LAWS EMAIL NEWSLETTER E501
Kenneth Vercammen, Attorney at Law

September 7, 2016

Greetings!
In this issue:

1. Fly the Flag on 9/11  
2. Termination of Child Support  Upon Emancipation 
3. Volunteer Legal Interns needed, Public Defender of Metuchen  
4. No mandatory jail on leaving scene 
5. Next Community events 
6. Recent Youtube links
1. Fly the Flag on 9/11
     Get your Flag Ready! Please join us in this FLY THE FLAG campaign and PLEASE forward this email to everyone in your address book asking them to also forward it.  If you forward this email to at least 11 people and each of those people does the same, you get the idea.
     On 9/11, an American flag should be displayed outside every car, home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on the anniversary of one our country's worst tragedies. We have extra flags in our office reception area. 
       Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
      Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.

2. Termination of Child Support after High School Graduation and Upon Emancipation.
       Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for the payor to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. 
         For example, the term "emancipation" is sometimes defined as follows: 
      1. The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. 
    2. Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control.
     3. The marriage of the child. 
     4. Entry into the military or armed forces by the child.
  
      Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. 
    Sometimes the child support recipient, usually the mother, will sign a Consent Order, which your attorney can file without the need for a lengthy Motion. However, generally a Formal Written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. 
     The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school.

3.VOLUNTEER LEGAL INTERNS NEEDED
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 again invites students interested in attending law school or a career in law enforcement to serve as volunteer interns.
     Can you spare one night per week to help indigent people in need? No experience needed, just a desire to help people.
 Wednesday  4pm PM [approx]- 8:30 PM, Friday morning optional   
Volunteer Internship description:
-Interview persons facing charges in Municipal court including drug possession, drunk driving, assault, theft, driving while suspended and other disorderly and traffic offices
-Make demands for discovery from the prosecutor and review police reports
-Attend hearings and learn from experienced Attorneys
-Prepare Motions to Suppress Evidence 
-Learn how to add criminal statutes to the NJ Criminal law blog
-Must be dependable, and have a car to drive to court.
-Mail or fax  cover letter and  resume to 732-572-0030 fax 
Kenneth Vercammen, Esq. 
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817

4. No Mandatory Jail on Leaving Scene  

State v. Frank ___ NJ Super. ___ (2016) A-0832-13T1.
    Defendant was convicted of leaving the scene of a motor vehicle accident involving serious bodily injury, N.J.S.A. 2C:12-1.1, and leaving the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). The trial court ordered that the motor vehicle violation merge into the criminal offense, and that the penalties survive merger. The judge sentenced defendant to a four-year term of probation for the criminal offense and a custodial sentence of 180 days on the Title 39 violation, believing the custodial sentence was mandatory. The court agreed that the criminal offense and motor vehicle violation merged as a matter of law, and that the Title 39 penalties survived merger, but the court reversed the imposition of a custodial sentence, concluding it was not mandatory under N.J.S.A. 39:4-129(a), and remanded for resentencing.  
5. Next Community Events:
9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30  Co-Sponsor Wakefern ShopRite
9/10 Edison Elks End of Season Pool Party
9/11  September 11 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race]
9/17 Rumson 2000 run HHH Hartshorne woods 10:17am
9/18 JSRC Picnic at Monmouth Park Racetrack
9/24 KeyportFest 5K  Fireman's Park Saturday 8:30 am         
9/24 Edison Fall festival Amboy Ave., Edison
9/25 Asbury Park One More Triathlon 7:30
9/25 Steeplechase 5k & 10k Hillsborough  

6Recent Youtube Links

Grounds for challenges to a Will
Grounds for challenges to a Will
Theft charges and penalties
Theft charges and penalties

Sale of house in a probate case
Sale of house in a probate case

Friends and clients can help us by....

Help us with a review on Google Find us on Google+                https://plus.google.com/100353581223417384493/posts

Endorsing us on Linkedin View our profile on LinkedIn               https://www.linkedin.com/in/kennethvercammen


Editorial Assistance Provided by DeVante Crews. Mr. Crews is participating in Ken Vercammen's Summer Internship Program and currently a student at Rutgers University New Brunswick.

Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Thursday, August 18, 2016

E500 1. Oppose Lawmaker's "Ham Sandwich" bill 2. Defense should be permitted to present witnesses. 3. Gap time jail credit permitted in DWI. 4. Annual Summer Happy Hour photos 5. Recent Youtube links

NJ LAWS EMAIL NEWSLETTER E500
Kenneth Vercammen, Attorney at Law

August 17, 2016
Greetings!
In this issue:
1. Oppose Lawmaker's "Ham Sandwich" bill 
2. Defense should be permitted to present witnesses. 
3. Gap time jail credit permitted in DWI.
4. Annual Summer Happy Hour photos 
5. Recent Youtube links
1. Oppose Lawmaker's "Ham Sandwich" bill
      
        Oppose Lawmaker's bill to make it a an expensive traffic ticket to change your radio station in the car to listen to news and traffic. Lawmakers should have more important priorities like eliminating handouts to underperforming schools. Our Police resources should be to prevent real crime including Internet rip off on the elderly. Police should not be expected to issue more tickets if a driver takes a sip of water in the summer while driving. Lawmaker should concentrate on funding the TTF, lower our ridiculous property taxes, etc. The Home New Tribune wrote:
"Ham sandwich bill still stinks"
     "The "ham sandwich" bill is back. And it's just as distasteful as ever. A bill working its way through the Legislature would make it illegal in New Jersey for drivers to do anything in their vehicles except drive. They wouldn't be allowed to sip their coffee. They wouldn't be allowed to change a radio station or adjust the volume. Reaching for toll money while the car is moving? Nope. And yes, they couldn't have a bite of a ham sandwich, or any other food. All of those "activities" - to use the term loosely - and many others have nothing to do with operating a vehicle, and therefore would constitute distracted driving. Penalties could be as high as a $400 fine for a first offense. 
   Assemblyman John Wisniewski, D-Middlesex, chairman of the Assembly Transportation Committee, has been pushing this kind of legislation for years, despite past ridicule that included the ham-sandwich denunciation......
      But there will be violations, randomly and arbitrarily applied even as the vast majority of offenses go unseen or ignored. That's not fair to anyone, fostering that much more distrust of police stuck with enforcing a law its creators don't particularly want enforced anyway. We also already have laws on the books against careless and reckless driving that deal with the dangerous effects of distracted driving. Stricter enforcement of those laws would make more sense than worrying about a driver eating a donut........
       There's a big difference in changing the "behavior" involved in snapping on a belt and forgetting about it, and banning innocuous little actions that would occur throughout anyone's drive. The ham sandwich bill may be well intentioned, but it's the wrong recipe to advance highway safety."

http://www.mycentraljersey.com/story/opinion/editorials/2016/08/07/ham-sandwich-bill-still-stinks/88333332/

2. Defense should be permitted to present witnesses. 
State v. Cope 224 NJ 530 (2016) (A-13-14; -74206)
        1) After arresting the defendant in his living room, the police conducted a protective sweep of an adjoining porch to ensure no individuals posing a safety risk were on the premises. The sweep did not violate constitutional standards and the trial court properly denied the motion to suppress the rifle. 2) The trial court abused its discretion when it denied defendant the right to present a full third-party-guilt defense. A witness whose testimony is central to a defense of third-party guilt cannot be kept off the stand unless the expected version of events is so patently false that the events could not have occurred. 

3. Gap time jail credit permitted in DWI. 
State v. Walters ___ NJ Super. ___ (App.Div. 2016) A-0203-14T1
     Defendant Matthew J. Walters appeals from the Law Division order that removed gap-time credit from a previously-entered judgment of conviction (JOC). The Law Division found that gap- time credit cannot be awarded for a sentence imposed on a Title 39 violation - driving while intoxicated (DWI), N.J.S.A. 39:4- 50. The court concluded that nothing in the language or statutory scheme of N.J.S.A. 2C:44-5(b) supports the conclusion that a defendant must be convicted for a Criminal Code offense to receive gap-time credits. 
         Given that the defendant has satisfied the requirements of N.J.S.A. 2C:44-5(b)(2), he is entitled to gap-time credits even though the sentence was for a Title 39 violation. Reversed and remanded to the Law Division for amendment of the judgment of conviction to reflect the proper award of gap-time credits.

4. Annual Summer Happy Hour photos 

Annual Summer Happy Hour: More photos by professional photographer Jill Margolin Segerman

https://www.facebook.com/events/100183356999884/permalink/302325726785645/

5. Recent Youtube Links

Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S. __ NJ __ (2015) (A-84-13)
Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S. __ NJ __ (2015) (A-84-13)
State v Jones Accident with unconscious driver was exigency for police to take blood.
State v Jones Accident with unconscious driver was exigency for police to take blood.
Improper use of Power of Attorney
Improper use of Power of Attorney

Friends and clients can help us by....

Help us with a review on Google Find us on Google+                https://plus.google.com/100353581223417384493/posts
 

Endorsing us on Linkedin View our profile on LinkedIn               https://www.linkedin.com/in/kennethvercammen


Editorial Assistance Provided by DeVante Crews. Mr. Crews is participating in Ken Vercammen's Summer Internship Program and currently a student at Rutgers University, New Brunswick.

Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com