2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, September 09, 2018

E548 In This Issue: 1 Estate Planning Refresh: When and How Clients Should Update Their Estate Plans 2 September 19 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19 from 5:00pm-5:45 Final reminder 3 HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties 4 Office space for rent 5 Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen. 6 Handling Drug, DWI and Serious Cases in Municipal Court Seminar. Congratulations to my parents Al & Carol Vercammen on their 60th wedding anniversary on September 6th. 1. Estate Planning Refresh: When and How Clients Should Update Their Estate Plans Estate plans, when crafted thoughtfully and comprehensively, are important tools in helping clients realize their financial and personal goals. Personalized planning may include leaving a charitable legacy, transferring property to an intended beneficiary, taking care of disabled and/or underage loved ones, honoring end of life wishes, or minimizing the tax burden on one's estate. However, estate plans are only effective when they accurately reflect your clients' circumstances, as well as current state and federal tax law. Neglected estate plans not only jeopardize your clients' estate planning wishes, but may also negatively impact their loved ones, not to mention themselves. The unintended consequences of an outdated estate plan can be dire, resulting in issues such as: * adverse income and/or estate tax consequences; * disqualify a special needs beneficiary from receiving benefits; increased fees and costs associated with settling an estate, leaving less for your clients' spouse and heirs; * forcing clients' loved ones into long, drawn out probate battles; and * disinheriting desired beneficiaries or including unintended beneficiaries. To protect your clients from these possible scenarios and mitigate negative consequences, it is important to reach out to them to update their estate plans. Not only is this good for clients, it's good for attorneys; by providing an opportunity to increase your practice's revenue through repeat client engagement. Source: https://www.wealthcounsel.com/images/downloads/Estate-Planning-Refresh-3.pdf?submissionGuid=f4b1a76d-3db7-4afd-b4f9-e49f39564faa It's time for an update A clients' circumstance can change frequently. Whether they've added (or lost) a member of their family, bought a new home, started a business, or maybe they're children are now adults-it's probably time to update their estate plan. Here are a few different scenarios that warrant an update to an existing estate plan: Change in marriage status. Clients with a change in marital status usually need to change beneficiaries, successor trustees, health care or other agents, or haven't funded their trust. Estate Planning Refresh: When and How Your Clients Should Update Their Estate Plans * Have lost a spouse, parent, child, or other family member. These clients may need to update their trust, other estate planning documents, and beneficiary designations to name new beneficiaries, successor trustees, health care and other agents. * Have children who are no longer minors. Clients with grown children may want to name them as successor trustees, healthcare or financial agents in lieu of parents, siblings, or friends. * Have new grandchildren. Clients that have become grandparents may want to amend their trust to add either a specific bequests or an education trust for grandchildren, or set up and fund a gifting trust, UTMA/UGMA account, or 529 plan. * Moved to a new state. Clients who have recently moved may need to update their Will, trust and other estate planning documents to comply with the laws of their new state or simply retitle their new residence into the name of their trust. * Purchased a second home. New homeowners may need to amend their trust or add a Qualified Personal Residence Trust to address what happens to the second home after death, or they may need to simply retitle their new residence into the name of their trust. * Sold or acquired a business. These clients may need to update their trust or add advanced planning to address additional liquidity or a note due from the new owners. * Have recently acquired wealth, or have wealth and recently became of legal age. Young adults and individuals with newly-acquired wealth may not have an estate plan at all or need to beef up a simple, stop gap estate plan. Source: https://www.wealthcounsel.com/images/downloads/Estate-Planning-Refresh-3.pdf?submissionGuid=f4b1a76d-3db7-4afd-b4f9-e49f39564faa 2. September 19 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19 from 5:00pm-5:45 Final reminder. Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 New Expungement Law takes effect October 1, 2018 COST: Free if you pre-register.Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements. SPEAKER: Kenneth Vercammen, Esq. 3. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties Monday-Friday start 8:55am 1:30 $10.00 per hour OTHER DUTIES -Adding client names to computer database, prepare letters, and work on client traffic ticket matters. -Telephone Answering - Preparation of documents on Computer and mail to courts -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 NJ 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. Office space for rent 700 Sq. Ft. of Professional Space for rent with off street parking. This building was just remodeled with a new floor, freshly painted walls, new upgraded heat & air conditioning as well as recess lighting and a new bathroom as well. Your clients will be impressed with your new space! $2000 per month. 5. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen 9/8 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite compuscore.com 9/9 Hightstown Triathlon starting at 7AM 9/11 every year 911 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race] jsrc.org 9/15 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite Sun 9/16, One More Tri; A Triathlon to Benefit Special Olympics NJ Asbury Park 9/22 KeyportFest 5K Fireman's Park Saturday 8:30 am 10/7, The Valerie Fund 5K Run Long Branch, New Jersey 10am Wakefern Shoprite co-sponsor 10/13, Shillelagh 5K, Bar A, Lake Como, New Jersey 9:30 10/13 Hash At The Jersey Shore! Saturday 10:17 Hash Run at the Oak Tree Lodge - Wall, N.J 5.2 miles from Bar A https://sites.google.com/site/therathash/home 10/13 Race Against Hunger 5k Roosevelt Park 9am 10/14 East Brunswick 5k & 10k 10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event www.ebrr.org post race we go to Lori's Lakeside on Farrington Lake, North Brunswick If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/ 6. Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 1, 2018 5:30PM-9:05PM NJ Law Center, New Brunswick, NJ New topics: New Alcotest breath machine Alcotest 9510 50 adopted for us by NJ Attorney General N.J.R. 1818(c) Prosecutors given discretion in pot cash Attorney General Memo on Guidance Regarding Municipal Prosecutors' Discretion in Prosecuting Marijuana and Other Criminal Offenses Gurbir S. Grewal, Attorney General State v Cassidy pending before Supreme Court on State Police not complying with State v Chun Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge) Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown John Menzel, Esq., Past Chair, NJSBA Municipal Court Practice Section William Brigiani, Esq. Past Middlesex Bar President This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in municipal court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 CustomerService@njsba.com

E548 news
In This Issue:
1 Estate Planning Refresh: When and How Clients Should Update Their Estate Plans
2 September 19 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19 from 5:00pm-5:45 Final reminder
3 HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties 
4 Office space for rent   
5 Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen.      
6 Handling Drug, DWI and Serious Cases in Municipal Court Seminar.                                            
 Congratulations to my parents Al & Carol Vercammen on their 60th wedding anniversary on September 6th.
 

1. Estate Planning Refresh: When and How Clients Should Update Their Estate Plans
         Estate plans, when crafted thoughtfully and comprehensively, are important tools in helping clients realize their financial and personal goals. Personalized planning may include leaving a charitable legacy, transferring property to an intended beneficiary, taking care of disabled and/or underage loved ones, honoring end of life wishes, or minimizing the tax burden on one's estate.
         However, estate plans are only effective when they accurately reflect your clients' circumstances, as well as current state and federal tax law. Neglected estate plans not only jeopardize your clients' estate planning wishes, but may also negatively impact their loved ones, not to mention themselves. The unintended consequences of an outdated estate plan can be dire, resulting in issues such as:

* adverse income and/or estate tax consequences;
* disqualify a special needs beneficiary from receiving benefits;
increased fees and costs associated with settling an estate, leaving less for your clients' spouse and heirs;
* forcing clients' loved ones into long, drawn out probate battles; and
* disinheriting desired beneficiaries or including unintended beneficiaries.
    To protect your clients from these possible scenarios and mitigate negative consequences, it is important to reach out to them to update their estate plans. Not only is this good for clients, it's good for attorneys; by providing an opportunity to increase your practice's revenue through repeat client engagement.

It's time for an update
         A clients' circumstance can change frequently. Whether they've added (or lost) a member of their family, bought a new home, started a business, or maybe they're children are now adults-it's probably time to update their estate plan. Here are a few different scenarios that warrant an update to an existing estate plan: Change in marriage status. Clients with a change in marital status usually need to change beneficiaries, successor trustees, health care or other agents, or haven't funded their trust.
Estate Planning Refresh: When and How Your Clients Should Update Their Estate Plans

* Have lost a spouse, parent, child, or other family member. These clients may need to update their trust, other estate planning documents, and beneficiary designations to name new beneficiaries, successor trustees, health care and other agents.

* Have children who are no longer minors. Clients with grown children may want to name them as successor trustees, healthcare or financial agents in lieu of parents, siblings, or friends.

* Have new grandchildren. Clients that have become grandparents may want to amend their trust to add either a specific bequests or an education trust for grandchildren, or set up and fund a gifting trust, UTMA/UGMA account, or 529 plan.

* Moved to a new state. Clients who have recently moved may need to update their Will, trust and other estate planning documents to comply with the laws of their new state or simply retitle their new residence into the name of their trust.

* Purchased a second home. New homeowners may need to amend their trust or add a Qualified Personal Residence Trust to address what happens to the second home after death, or they may need to simply retitle their new residence into the name of their trust.

* Sold or acquired a business. These clients may need to update their trust or add advanced planning to address additional liquidity or a note due from the new owners.

* Have recently acquired wealth, or have wealth and recently became of legal age. Young adults and individuals with newly-acquired wealth may not have an estate plan at all or need to beef up a simple, stop gap estate plan.

2. September 19 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19 from 5:00pm-5:45 Final reminder.
   Location: Law Office of Kenneth Vercammen, 
                   2053 Woodbridge Ave, Edison, NJ 08817
          New Expungement Law takes effect October 1, 2018

      COST: Free if you pre-register.Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.
SPEAKER: Kenneth Vercammen, Esq.

3. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties
Monday-Friday
start 8:55am 1:30
$10.00 per hour
        OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
-Telephone Answering
- Preparation of documents on Computer and mail to courts
-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 NJ 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. Office space for rent   
700 Sq. Ft. of Professional Space for rent with off street parking.  This building was just remodeled with a new floor, freshly painted walls, new upgraded heat & air conditioning as well as recess lighting and a new bathroom as well.  Your clients will be impressed with your new space! $2000 per month.  
 

5. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen

9/8 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite compuscore.com
9/9 Hightstown Triathlon starting at 7AM                                          
9/11 every year   911 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race] jsrc.org
9/15 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
Sun 9/16, One More Tri; A Triathlon to Benefit Special Olympics NJ Asbury Park
9/22 KeyportFest 5K Fireman's Park Saturday 8:30 am                             
10/7, The Valerie Fund 5K Run Long Branch, New Jersey 10am Wakefern Shoprite co-sponsor
10/13, Shillelagh 5K, Bar A, Lake Como, New Jersey 9:30
10/13 Hash At The Jersey Shore! Saturday 10:17 Hash Run at the Oak Tree Lodge - Wall, N.J   5.2 miles from Bar A
10/13 Race Against Hunger 5k Roosevelt Park 9am
10/14 East Brunswick 5k & 10k   10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event     www.ebrr.org post race we go to Lori's Lakeside on Farrington Lake, North Brunswick
     If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/

6. Handling Drug, DWI and Serious Cases in Municipal Court Seminar
October 1, 2018 5:30PM-9:05PM
NJ Law Center, New Brunswick, NJ
     New topics:
New Alcotest breath machine Alcotest 9510 50 adopted for us by NJ Attorney General N.J.R. 1818(c)

Prosecutors given discretion in pot cash Attorney General Memo on Guidance Regarding Municipal Prosecutors' Discretion in Prosecuting Marijuana and Other Criminal Offenses 
Gurbir S. Grewal, Attorney General 

State v Cassidy pending before Supreme Court on State Police not complying with State v Chun

     Speakers: 
Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown
John Menzel, Esq., Past Chair, NJSBA Municipal Court Practice Section
William Brigiani, Esq. Past Middlesex Bar President
     This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in municipal court. An authoritative panel of experienced attorneys  will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar
One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500  CustomerService@njsba.com


Sunday, August 19, 2018

E544 New cases: Consent to search voluntarily given here Warrantless blood draw permitted in fatal accident based on exigency Annual Happy Hour and Networking Social Charity Races New Event: Wills and Power of Attorney Seminar Ken Vercammen's Wedding Anniversary Edison Elks Rib Night

E544
In this issue:
  1. New cases: Consent to search voluntarily given here
  2. Warrantless blood draw permitted in fatal accident based on exigency 
  3. Annual Happy Hour and Networking Social
  4. Charity Races
  5. New Event: Wills and Power of Attorney Seminar
  6. Ken Vercammen's Wedding Anniversary
  7. Edison Elks Rib Night
 Recent cases: 
1. Consent to search voluntarily given here.
State v. Hagans 233 NJ 30 (2018)
     Because the trial court's determination that the driver ultimately knowingly and voluntarily gave consent to search is supported by sufficient credible evidence, the trial court properly denied defendant's motion to suppress the evidence seized during the search.
 2. Warrantless blood draw permitted in fatal accident based on exigency. State v. Zalcberg 232 NJ 335 (2018)
       The totality of the circumstances in this case evince an objective exigency, relaxing the need for a warrant and rendering the officer's warrantless blood draw constitutional. The court held that the facts of this case, in totality, indicate an objective exigency: a fatal accident with multiple serious injuries, the absence of an established telephonic warrant system, and the myriad duties with which the police officers present were tasked. We also afford "substantial weight" to the "potential dissipation of" the alcohol in defendant's blood. Adkins, 221 N.J. at 303, 113 A.3d 734. Therefore, the court held that the warrantless blood draw did not violate defendant's constitutional rights in this case.
3. Reminder Annual Happy Hour & Networking Social
July 13, 2018
    Professionals, Attorneys, Clients, Friends, Runners, Law Enforcement invited to Happy Hour & Networking Social
July 13, 2018   Friday at Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
   Free !    
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM is now $2.00 House Drinks, House Wine Bud/BudLt draft 
   Co-sponsored by NJ State Bar Association Municipal Court Section & several other organizations
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
4. Charity races
July 11, 2018 Woodbridge Pizza run 4-mile   7pm  free pizza, Sewaren Riverfront co-sponsored by Wakefern Shoprite    

July 14, 2018  Belmar Five Mile Run 5 mile, 8:30am belmar5.com After party at Bar A
July 15, 2018 5k Run/Walk VWF Post #133 East Brunswick, 9:00 AM free burgers, beer food  Sunday new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick

July 21, 2018 NJ State Triathlon Sprint Mercer County Park  

July 22, 2018 JSRC Picnic at Monmouth Park Racetrack Sunday [not a race]

5. New event:
Perth Amboy Public Library- Wills & Power of Attorney Seminar
July 10 at 6pm
Perth Amboy Public Library
196 Jefferson St.
Perth Amboy, NJ 08861 Open to the public. You do not need to be a resident. 732-826-2600
6. Ken Vercammen's wedding Anniversary July 8
 
The Groomsmen at wedding July 8, 1989 were:
Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge
Middle row: John Bachenski, Mike Sydor, Mike Brennan
Back row: Jim McGreevey [was NJ Governor], Steve Vercammen
7. Edison Elks Rib Night
July 14, 2018
Tickets will be available at The Lodge
Editorial Assistance provided by Anthony Raccuia.  Mr. Raccuia is participating in Kenneth Vercammen's Summer Internship Program and currently attends the University of New Haven.

Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

E547 1. Recent Cases: Domestic violence search to seize firearms could also seize cocaine in plain view. State v. Hemenway (App. Div. 2018). 2. Outdoor summer concerts 3. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 1 5. Reminder Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19

E547
In This Issue: 
1.    Recent Cases: Domestic violence search to seize firearms could also seize cocaine in plain view. State v. Hemenway (App. Div. 2018).
2.    Outdoor summer concerts
3.    Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen
4.    Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 1
5.    Reminder Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19
Recent cases:
1. Domestic violence search to seize firearms could also seize cocaine in plain view. State v. Hemenway (App. Div. 2018).
     Defendant's putative paramour filed a complaint against defendant under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, alleging he forcibly entered her residence and assaulted and threatened her. After considering the victim's sworn testimony, a Family Part judge issued an ex parte temporary restraining order (TRO) under N.J.S.A. 2C:25-28(g) and a warrant to search defendant's apartment and seize any firearms as authorized by N.J.S.A. 2C:25-28(j). 
The police arrested defendant on fourth degree contempt, N.J.S.A. 2C:29-9(b)(1), when he refused to permit the officers to enter his apartment to execute the domestic violence search warrant. Once inside, the officers found in plain view cocaine and drug paraphernalia. Based on the sworn testimony of a detective, a Criminal Part judge issued a telephonic warrant to search the apartment for narcotics. The plain view narcotics was deemed admissible.

2. Outdoor summer concerts
August 9, 2018 Jerry Garcia Celebration w/Marc Muller & Friends [Grateful Dead tribute] Pier Village 7PM to 8:30 PM Free
** Rain or Shine.
In case of inclement weather concert will be held in Long Branch Middle School
(350 Indiana Ave. & Bath Ave.)

August 11, 2018 Belmar Pirate Bar Crawl 4pm
Come one, come all, dressed in your favorite pirate gear to join in a fun day exploring Belmar's finest drinking establishments. This is a free event!! No need to purchase a ticket or to pay any entry fees to anywhere we go. Just dress as a pirate and join along. 
Bar Schedule:
4:00-5:15 10th Ave Burrito 
5:30-6:45 9th Ave Pier 
7:00-9:00 Bar Anticipation

August 11, 2018 Edison Elks Family Pool night Saturday
Food, refreshments, music movie $15.00
Edison Elks Lodge #2487
375 Old Post Road
Edison NJ 08817-4653
(732) 985-2487
near ShopRite and Edison HS.

August 12, 2018 Elks District Wildwood parade Awards Picnic,, August 12th, 1PM at our Lodge. Come and see what awards we will be taking home. The cost is $15 per person.

August 14, 2018 Riders On the Storm Doors cover band @ Woodbridge NJ High School Field 7:30 Free but bring canned food donation

August 15, 2018 "BEST OF THE EAGLES" Returns to the Woodbridge Concert Stage On Wed., 7:30 PM at WHS Free but bring canned food donation
Aug 19 ZBTB (Zac Brown Tribute Band) in Woodbridge
Parker Press Park
400 Rahway Ave, Woodbridge, New Jersey 07095
Free but bring canned food donation

August 26, 2018 Toby Keith Hard Rock Hotel & Casino
1000 Boardwalk, Atlantic City, NJ, 

August 28, 2018 JSRC Bar-B-Q Meeting Deal firehouse - Tuesday, August 28, 6:30pm Deal Firehouse, 110 Brighton Ave, Deal

3. Fun Upcoming Running Races & Charity events selected by Kenneth Vercammen
August 11, 2018 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor jsrc.org

August 18, 2018 Bradley Beach 5k 8:30 Wakefern Shoprite co-sponsor eliteracingsystems.com

August 19, 2018  Ray Licata Long Branch One Mile Ocean Swim 1 mile 8am 

August 25, 2018 Belmar SOL 5k 

August 28, 2018 JSRC meeting & BBQ Deal firehouse 6:15 [swim in Ocean at 5pm sharp prior to BBQ]

September 1, 2018 Scranton Capt. Minicozzi 5k 10am https://runsignup.com/Race/Events/PA/Scranton/Minicozzi5k

4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar 
October 1, 2018 5:30PM-9:05PM
NJ Law Center, New Brunswick, NJ
     Please forward to any attorneys, prosecutors or judges you believe may be interested.
     Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown John Menzel, Esq. Past Chair NJSBA Municipal Court Practice Section 
William Brigiani, Esq. Past Middlesex Bar President
     This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. 
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar
For lawyers $170- $190 tuition depending on NJSBA membership 
½ price for Judges. 
One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · CustomerService@njsba.com

5. Reminder Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar September 19 from 5:00pm-5:45 
   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
New Expungement Law takes effect October 1, 2018

        COST: Free if you pre-register.Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.
SPEAKER: Kenneth Vercammen, Esq. 
Editorial Assistance provided by Anthony Raccuia.  Mr. Raccuia is participating in Kenneth Vercammen's Summer Internship Program and currently attends the University of New Haven.

Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

E546 Have a Power of Attorney prepared for your college children and children traveling out of state Recent Cases: Driver's failure to provide registration here permitted limited search. State v. Terry 232 N.J. 218 (2018). Search under a tarp under house curtilage not permitted. Collins v. Virginia, 138 S. Ct. 1663 (2018). Fun Upcoming Running Races & Charity Events ABA Estate Planning and Elder Law Joint Committee Meeting Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar, September 19 Summer Blast Happy Hour at Bar A was a good time.

E546
In This Issue: 
  1. Have a Power of Attorney prepared for your college children and children traveling out of state
  2. Recent Cases: Driver's failure to provide registration here permitted limited search. State v. Terry 232 N.J. 218 (2018).
  3. Search under a tarp under house curtilage not permitted. Collins v. Virginia, 138 S. Ct. 1663 (2018).
  4. Fun Upcoming Running Races & Charity Events
  5. ABA Estate Planning and Elder Law Joint Committee Meeting
  6. Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar, September 19
  7. Summer Blast Happy Hour at Bar A was a good time.
     
1. Have a Power of Attorney prepared for your college children and children traveling out of state
 
    There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
      Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
      Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
      While you may never need to use these documents, it is better to be safe than sorry!
 
2. Recent cases
Driver's failure to provide registration here permitted limited search. State v. Terry 232 N.J. 218 (2018).
 
  Sufficient credible evidence supported the trial court's determination that defendant was given an adequate opportunity to present the vehicle's registration before the search commenced. When a driver is unwilling or unable to present proof of a vehicle's ownership, a police officer may conduct a limited search for the registration papers in the areas where they are likely kept in the vehicle. When a police officer can readily determine that the driver or passenger is the lawful possessor of the vehicle-despite an inability to produce the registration-a warrantless search for proof of ownership will not be justified.
 
3. Search under a tarp under house curtilage not permitted. Collins v. Virginia, 138 S. Ct. 1663 (2018). 
 
   During the investigation of two traffic incidents involving an orange and black motorcycle with an extended frame, Officer Rhodes learned that the motorcycle likely was stolen and in the possession of petitioner Ryan Collins. Officer Rhodes discovered photographs on Collins' Facebook profile of an orange and black motorcycle parked in the driveway of a house, drove to the house, and parked on the street. From there, he could see what appeared to be the motorcycle under a white tarp parked in the same location as the motorcycle in the photograph.
       Without a search warrant, Office Rhodes walked to the top of the driveway, removed a tarp, confirmed that a motorcycle was stolen by running the license plate and vehicle identification numbers.
Held: The automobile exception does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein.
(a) This case arises at the intersection of two components of the Court's Fourth Amendment jurisprudence: the automobile exception to the warrant requirement and the protection extended to the curtilage of a home. In announcing each of the automobile exception's justifications--i.e., the "ready mobility of the automobile" and "the pervasive regulation of vehicles capable of traveling on the public highways," California v. Carney471 U. S. 386, 390, 392--the Court emphasized that the rationales applied only to automobiles and not to houses, and therefore supported their different treatment as a constitutional matter. When these justifications are present, officers may search an automobile without a warrant so long as they have probable cause. Curtilage--"the area 'immediately surrounding and associated with the home' "--is considered " 'part of the home itself for Fourth Amendment purposes.' " Florida v. Jardines569 U. S. 1, 6
       Thus, when an officer physically intrudes on the curtilage to gather evidence, a Fourth Amendment search has occurred and is presumptively unreasonable absent a warrant.
     (b) As an initial matter, the part of the driveway where Collins' motorcycle was parked and subsequently searched is curtilage. When Officer Rhodes searched the motorcycle, it was parked inside a partially enclosed top portion of the driveway that abuts the house. Just like the front porch, side garden, or area "outside the front window," that enclosure constitutes "an area adjacent to the home and 'to which the activity of home life extends.' " Jardines569 U. S., at 6, 7.
       Because the scope of the automobile exception extends no further than the automobile itself, it did not justify Officer Rhodes' invasion of the curtilage. Nothing in this Court's case law suggests that the automobile exception gives an officer the right to enter a home or its curtilage to access a vehicle without a warrant. Such an expansion would both undervalue the core Fourth Amendment protection afforded to the home and its curtilage and " 'untether' " the exception " 'from the justifications underlying' " it. Riley v. California, 573 U. S. ___, ___.
This Court has similarly declined to expand the scope of other exceptions to the warrant requirement. Thus, just as an officer must have a lawful right of access to any contraband he discovers in plain view in order to seize it without a warrant--see Horton v. California496 U. S. 128, 136-137--and just as an officer must have a lawful right of access in order to arrest a person in his home--see Payton v. New York445 U. S. 573, 587-590--so, too, an officer must have a lawful right of access to a vehicle in order to search it pursuant to the automobile exception.
To allow otherwise would unmoor the exception from its justifications, render hollow the core Fourth Amendment protection the Constitution extends to the house and its curtilage, and transform what was meant to be an exception into a tool with far broader application.
 
4. Fun Upcoming Running Races & Charity Events selected by Kenneth Vercammen

July 29, 2018 JFK Medical Center Miles for Minds 5K Roosevelt Park 9am Edison, NJ Wakefern Shoprite co-sponsor Sunday compuscore.com
 
August 1, 2018 RVRR Summer Pub Crawl

August 11, 2018 Asbury Sheehan 5k Asbury Park, N.J. 8:30amWakefern Shoprite co-sponsor jsrc.org
 
August 18, 2018 Bradley Beach 5k 8:30 Wakefern Shoprite co-sponsor eliteracingsystems.com
 
August 19, 2018     Ray Licata Long Branch One Mile Ocean Swim 1 mile 8am
 
August 25, 2018 Belmar SOL 5k 

August, 28 2018 JSRC meeting & BBQ Deal firehouse 6:15 [swim in Ocean at 5pm sharp prior to BBQ]

September 1, 2018 Scranton Capt. Minicozzi 5k 10am https://runsignup.com/Race/Events/PA/Scranton/Minicozzi5k

5. ABA Estate Planning and Elder Law Joint Committee Meeting has been scheduled for Friday August 3, at 4:00 pm - 5:00 pm round table discussion Free to attendees
at the ABA Annual Meeting Chicago

Swissotel Chicago
Room Montreux II
2nd Floor, Event Centre 
323 E Upper Wacker Dr.
Chicago, IL 60601
 
   Ideas to be discussed:
- BUILDING THE MILLION DOLLAR ESTATE PLANNING PRACTICE
A Lawyer's Guide to Creating a Winning Estate Planning Practice 
 
Ethically Building Your Practice using free and low-cost online methods
 
6. Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar, September 19 from 5:00pm-5:45
   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
New Expungement Law takes effect October 1, 2018
 
       COST: Free if you pre-register.Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.
SPEAKER: Kenneth Vercammen, Esq. 
              (Author- Criminal Law Forms by the American Bar Association)
The NJ statute on expungement was revised to be effective October 1, 2018 If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone's ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
     To attend email VercammenLaw@Njlaws.com
       Can't attend? We can email you materials
Send email to VercammenLaw@Njlaws.com
 
      More info: The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.
       Typical Court costs and Legal fees for expungement range from $1,500-$2,500.
 
7. Summer Blast Happy Hour July 13, 2018 at Bar A was a good time.
We thank over 100 professionals, attorneys and friends who attended the Summer Blast Happy Hour & Networking Social at Bar Anticipation. My family and I had a great time catching up with old friends and meeting new ones.
We appreciate the many attendees donated canned goods donated which were donated to St. Matthews Edison Food Pantry.
Photos on Facebook pages below.
 
Happy hour Facebook photos
   and
 
       We thank the co-sponsors sponsors for the Happy Hour the NJ State Bar Association Sections and Committees, Retired Police & Fire Middlesex Monmouth Local 9, Lakewood Chamber of Commerce, Central Jersey Professional Networking Group, Edison Elks, Legends of Belmar Volleyball Club, and several other organizations.
 
       Special thanks to my friends who helped hang up the banners and our volunteers who checked in the guests and gave out wristbands.
Ken Vercammen, Esq. has been having social events and participating in Bar Anticipation activities for 25 years. We appreciate the generosity of manager Johnny Bee & co-owners Reggie Hyde, Pat Mastroli, and Tom Jannarone, Esq.
We look forward to seeing you and all your friends at our future events. We will include you in our notices of upcoming fun and charity events.
    If your group, non-profit or organization wishes to co-sponsor the 2019 Happy Hour, please contact Ken Vercammen, Edison, NJVercammenLaw@njlaws.com
Editorial Assistance provided by Anthony Raccuia.  Mr. Raccuia is participating in Kenneth Vercammen's Summer Internship Program and currently attends the University of New Haven.

Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

E545 In This Issue: 1. New Cases: Later obtained search warrant does not correct prior illegal warrantless search. State v. Atwood 232 N.J. 433(2018). 2. Evidence suppressed where no valid inventory search. State v. Hummel 232 N.J. 196 (2018). 3. Annual Happy Hour & Networking Social 4. Charity races 5. Welcome Summer 2018 Law Clerks

E545
In This Issue: 
1.    New Cases: Later obtained search warrant does not correct prior illegal warrantless search. State v. Atwood 232 N.J. 433(2018).
2.    Evidence suppressed where no valid inventory search. State v. Hummel 232 N.J. 196 (2018).
3.    Annual Happy Hour & Networking Social
4.    Charity races
5.    Welcome Summer 2018 Law Clerks
Recent cases:
1. Later obtained search warrant does not correct prior illegal warrantless search. State v. Atwood 232 N.J. 433(2018). 

         Search warrants are prospective in nature-they authorize the taking of action. A later-obtained search warrant does not retroactively validate preceding warrantless conduct that is challenged through a suppression motion focused on the legitimacy of the seizure that gave rise to a later search. The State must bear the burden of proving the legitimacy of the seizure that led to a later warrant and search-in this case the stop.

2. Evidence suppressed where no valid inventory search. State v. Hummel 232 N.J. 196 (2018).

     The Court finds no valid inventory search and therefore affirms the Appellate Division's determination that the evidence seized during the search should be suppressed.
An inventory search must be reasonable under the circumstances to pass constitutional muster. In Mangold, the Court explained that the propriety of an inventory search involves a two-step inquiry: (1) whether the impoundment of the property is justified; and (2) whether the inventory procedure was legal. Id. at 583. For there to be a lawful inventory search, there must be a lawful impoundment. Courts need only analyze the reasonableness of the inventory search if the impoundment is justified. Several factors are relevant to the reasonableness inquiry. They include "the scope of the search, the procedure used, and the availability of less intrusive alternatives." Id. at 584. 
        Under the first Mangold inquiry, the detectives' impoundment of defendant's purse was not justified. The detectives had not arrested defendant before seeking to impound her purse. Defendant kept her purse open and within her reach for the entire interrogation. She rummaged through her bag several times in front of the detectives. The detectives did not frisk defendant at any point during her detention. They sought to remove her bag from the interrogation room only after she asked for an attorney. Crucially, they asked defendant if she would rather examine the contents of her purse herself. It is clear that had valid safety concerns existed at the time they sought to impound her bag, the officers would not have given defendant the option to search her own purse.
         Even if the initial impoundment was justified under the first Mangold inquiry, the search would fail under the balancing test required by the second. The detectives initiated the search to find the $500 defendant claimed her purse contained. The scope of the search should have been limited to that $500. The State concedes that the departmental policy for inventory searches is unknown. There is no way then to determine whether the detectives' search was executed according to any purported policy or practice. Finally, the detectives had reasonable, less intrusive alternatives available to protect them against false theft claims that would have simultaneously respected defendant's constitutionally protected privacy rights. The inventory search exception to the Fourth Amendment warrant requirement does not apply, and the detectives' search was unconstitutional.  

3. Reminder Annual Happy Hour & Networking Social
July 13, 2018
   Professionals, Attorneys, Friends, Runners, Law Enforcement invited to Happy Hour & Networking Social
July 13, 2018   Friday at Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
   We anticipate being outside under the big tent at the Boardwalk Bar.
Schedule
5pm doors open
5:30-7:45   Food inside Hot & Cold Food
6-7 The reduced price Happy Hour is 6-7PM is $2.00 House Drinks, House Wine Bud/BudLt draft
5:30-7:30 D'Jay inside with games and prizes
6-8:30 Music outside near Boardwalk Bar
     Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719   
   Look for banners of NJ State Bar Association, Kenneth Vercammen Law and American Flag. Rain or Shine
   Wear a Hawaiian Shirt or other summer wear or yellow "My Attorney Fights" shirt. No suits or ties.
Happy Hour Party Volunteers needed
   We need a couple of volunteers for a short period of time
  • 1 Volunteer: Help hang up signs and banner 5:20 PM
  • 1 Volunteer: Help check names off and give out VIP wristbands 5:30-6:30 PM & 6:00-7:00 PM
  • 1 Volunteer: Help give out free stuff to our guests, but stop outsiders from stealing bags and stuff
  • 1 Volunteer: Help lug canned food donations for Community Food Bank to car at end of party
  • Photographer - Take Photos
Please bring a canned food donation for the St. Matthews' St. Vincent de Paul Food Bank, continuing to provide food and help to individuals in need. 
Outdoor & indoor music, prize giveaways. Bring your friends. Pass this along. And.. please at least tip the bartender when getting drinks.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com   
 4 blocks from Belmar Train Station and 6 blocks from the ocean.

4. Charity races
July 14, 2018 Belmar Five Mile Run 5 mile, 8:30am belmar5.com

July 15, 2018 5k Run/walk VFW Post #133  East Brunswick, NJ 9:00 AM free burgers, beer food Sunday new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick

July 21, 2018 NJ State Triathlon Sprint Mercer County Park

July 22, 2018     JSRC Picnic at Monmouth Park Racetrack Sunday [not a race]

July 29, 2018 JFK Medical Center Miles for Minds 5K Roosevelt Park 9am Edison, NJ Wakefern Shoprite co-sponsor Sunday compuscore.com

5. Welcome Summer 2018 Law Clerks


The Summer 2018 Law Clerks are:
Front Row: Katy Lekh [University of Maryland Law], Gianna Sanguinetti [Villanova University], Caitlin Gugliotta [Dickinson College],
Back Row: Richard Krupczak [Georgetown University Law], Anthony Raccuia [University of New Haven], Sean Kargman [Boston University], Joe Cifelli [Penn State University], Sean Giblin Jr. [Rutgers Law].