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.

Tuesday, May 24, 2016

E 493 1) Recent cases: PTI Pre trial intervention can be reinstated. 2) Double jeopardy bars crime prosecution if a plea in municipal court. 3) Welcome Summer Law Student Law Clerks 2016 4) Free Simple Will, Power of Attorney or Living Will During Police Week. 5) Reflections on Memorial Day.

 
NJ LAWS EMAIL NEWSLETTER E493
Kenneth Vercammen, Attorney at Law

May 19, 2016

Greetings!

In this issue:
1) Recent cases: PTI Pre trial intervention can be reinstated.
2) Double jeopardy bars crime prosecution if a plea in municipal court.
3) Welcome Summer Law Student Law Clerks 2016
4) Free Simple Will, Power of Attorney or Living Will During Police Week.
5) Reflections on Memorial Day.

Recent cases
1. PTI Pre trial intervention can be reinstated State v AS-M
__ NJ Super __(App. Div. 2016)
     The court held that a defendant terminated from the pre-trial intervention (PTI) program may be reinstated upon reconsideration. Such a reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances show the initial order terminating a defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43-13(e), including the obligation to undertake a "conscientious judgment" to (1) adequately consider whether the participant willfully violated the PTI conditions; and (2) determine whether the defendant remains a viable candidate for PTI under the original or modified PTI terms. 

2. Double jeopardy bars crime prosecution if a plea in municipal court
State v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1
   The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana.
      After defendant was indicted, he appeared pro se in municipal court via videoconference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing "practice," the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge.
      The court held that the subsequent prosecution and conviction on the indictable charge was barred under the "same evidence" test, which is still recognized under state constitutional principles. The court reasoned that the "fundamental fairness" doctrine did not apply, notwithstanding the State's failure to join the disorderly offense with the indictable charges and defendant's reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest.

3. Welcome Summer Law Student Law Clerks 2016
Nicholas C. Idler
WVU College of Law

Brian Lutz
Roger Williams Law

Adam Cardile
New York Law

4. Free Simple Will, Power of Attorney or Living Will during Police Week
      To recognize National Police Week May 10-16, Kenneth Vercammen's Law Office will provide a Free Simple Will, Living Will or Power of Attorney for active Jersey Police Officers. The details are attached. Appointments need to be scheduled by May 31.
I appreciate the service provided by police who protect my family. We want to say thank you to local police. Please call for the free probate consultation and Will. I am the co-chair of the American Bar Association ABA Estate Planning and Probate Committee. The ABA founded the "Wills for Heroes" program.
      Ken Vercammen served as the prosecutor for Cranbury Township, Middlesex County for nine years. I established the Municipal Court Law Review to provide information on recent criminal and traffic cases to New Jersey police officers. We send out an email newsletter every two weeks if you are interested.
Simple Will or Power of Attorney for Central Jersey Police Officers to honor National Police Week
       To recognize National Police Week, the Kenneth Vercammen Law Office will prepare a Simple Will for estates under $700,000 or Power of Attorney or Living Will/Advance Directive for Police Officers. We appreciate the service provided by police who protect my family. We want to say thank you to local police. I am a member of the American Bar Association. ABA has created the Wills for Heroes program.
  Call 732-572-0500 to schedule a free confidential appointment. To accommodate our schedule, all consults need to be completed by May 31.
IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):
* State law determines who gets assets, not you
* Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator
* The Judge determines who gets custody of minor children
* If you have no spouse or relatives, the State may take your property
* The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes.
* It may also cause fights and lawsuits within your family
  Call 732-572-0500 to schedule a confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. Must meet in person with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at:
www.njlaws.com/will_Questionnaire.htm

WHY SOMEONE ALSO NEEDS A POWER OF ATTORNEY?
A Power of Attorney typically permits someone to pay your bills and handle your finances if you become disabled. No one plans on disability, but it is best to prepare ahead of time. A Power of Attorney (POA) is an appointment of another person as one's agent to pay bills and handle finances during disability I served as the prosecutor for Cranbury Township, Middlesex County from 1991-1999 and continue to work closely with my friends in Law Enforcement.
KENNETH VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 vercammenlaw@njlaws.com
Contributing writer for the NJ Police Chief Magazine.
Past President Middlesex Municipal Court Prosecutors Assoc
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair- ABA Estate Planning & Probate Committee
Contributing writer for the NJ Police Chief Magazine.
Past President Middlesex Municipal Court Prosecutors Assoc
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair- ABA Estate Planning & Probate Committee

5. Reflections on Memorial Day
      Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those that fell in service to their country.
      We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
      "If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA
      On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.

      Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW Memorial Day address


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Editorial Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken Vercammen's Summer Internship Program and currently a student at the West Virginia University College of Law. 

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, May 17, 2016

E492: 1. DWI Refusal Notice Withstands Challenge. 2. Sup MT Denied Where Police Looking in House for Missing Dementia Patient Found Pot Plants. 3. Confidential Will Questionnaire

E 492 Newsletter

NJ LAWS EMAIL NEWSLETTER E492

Kenneth Vercammen, Attorney at Law


May 4, 2016


In this Issue:

1. DWI Refusal Notice Withstands Challenge.

2. Sup MT Denied Where Police Looking in House for Missing Dementia Patient Found Pot Plants.

3. Confidential Will Questionnaire


Recent cases:

1. DWI Refusal Notice Withstands Challenge. State v Quintero __ NJ Super __(App. Div. 2016).

The court affirms defendants de novo conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant argues that the Attorney Generals current standard statement under N.J.S.A. 39:4-50.2(e) is fundamentally deficient for not specifying the mandatory minimum penalties for refusal. In State v. ODriscoll, 215 N.J. 461, 479-480 (2013), the Supreme Court noted, but declined to address, the sufficiency of the standard statement.

The court hold that the current standard statement satisfies the statutory mandate - that is, informing motorists and impelling compliance - by adequately informing drivers of the maximum potential license revocation and fine, and the possibility of ignition interlock, that they face for refusal. In so ruling, The court note that adding other details, including the differing mandatory minimum and maximum penalties for first offenders, second offenders, and certain third offenders, may run the risk of submerging the most significant penalties in those details.


2. Sup Mt Denied Where Police Looking in House for Missing Dementia Patient Found Pot Plants.State v Mordente __ NJ Super.__ (Ap0p. Div. 2016)A-5838-13T1

The court affirmed the denial of a motion to suppress the evidence of marijuana plants found in the basement of a home searched as part of the police protocol for locating missing persons. The sixty-five year old missing woman in this case suffered from dementia, and was reported by her son as having left the home at some point during the night prior to the search.

In his dissent, Judge Fuentes opines that the police emergency aid doctrine does not justify this search under the guidelines set forth in State v. Vargas, 213 N.J. 301 (2013), and prior case law.



3. CONFIDENTIAL WILL QUESTIONNAIRE

If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our short confidential interview from and schedule a consult.

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

Please be sure to check all appropriate boxes. If NONE, please state NONE.

If NOT APPLICABLE, please state N/A or none.

PLEASE PRINT CLEARLY

1. Your Full Name:_______________________________

2. IF MARRIED OR SEPARATED, complete (a) and (b) below:

(a) Spouses Full Name:

______________________________________________

First Last

3. Your Street Address: ___________________________


City _______________________ State ____ Zip Code ________


4. Telephone Numbers:

Cell: ________________________ ________________________


5. E-mail address: ___________________________


6. Referred By: ____________________________

We recommend a Durable Power of Attorney in the event of your physicalor mental disability to help you with financial affairs?

Yes ___ No ___

We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No ________

How can we help you? What are your questions/other important information?

___________________________________________________

8. Marital Status: [ ]Single [ ] Married

[ ] Separated [ ] Divorced [ ] Widowed


If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]

2. ESTATE EXECUTOR

The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.

Please provide the following information about the person you wish to name to serve in this capacity.

1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

Name: _________________ _____________________________

First Last


Relationship: _______________ Address: _________________


2. SECOND Choice of Executor/Personal Representative in Power of Attorney:

This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.


Name: _________________________ _____________________

First Last


Relationship: _______________ Address: ________________

The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.


Asset Information- Must Be Completed - If none, write none

House/Real Estate Address __________________________

Estimate Total Real Estate Value: _________ Approx mortgage ___

Bank Accounts, Stocks, CDs and Assets: __________________

Approximate Amount ____________________________

Direct Beneficiaries of Accounts - If none write none ________

Other Major Assets - If none, write none _______________


Approximate Life Insurance: _________________ Beneficiary _______

In the Will- Who do you want to get your assets:


Beneficiary (1) _______________________ Relationship ____


Beneficiary (2) _______________________ Relationship ____


Beneficiary (3) _______________________ Relationship ___

Any Specific Bequests of Money and Property:

__________________________________________________

[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).

Generally most married people provide that, upon their death, property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.

2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that childs share to their children (grandchildren).


Names of Children: ______________________ Age: _____


_______________________________ Age: _____

LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If nominor children, skip page 5.


III. GUARDIAN(S) OF MINOR CHILD(REN) or Trustees of Trust

[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust, minimum $2,500 for stand alone trusts]

The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.

Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):


1. PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: ______________________________________


2. SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: _____________________________________

[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).

Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but

2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.

3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.

Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.

Additional information on Wills, Probate and Elder Law available at www.njlaws.com/will_questionnaire.htm

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).

2. But if one or more of your children predeceases you, that deceased childs share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.

Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail_______________________

Are you or any of your Beneficiaries are not United States citizens? _______

If not US citizen, extra taxes apply.

Do you have any religious wishes on burial? ___

PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:

___________________________________________________

ESTATE PLANNING

Your estate may be subject to NJ Estate Taxation if the total of your assets exceeds $675,000. If your assets exceed $675,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Federal Tax Planning or Medicaid Nursing Home Planning.

WILLS:


T1- Parents with minor children and trust for children

T 2- Parents no spouse

T 3 Unmarried

T 4- Parents without trust

T5- Spouse/ Children Trust if assets over $1 million?

[Due to complexity and need to re-title assets, Fees for Trusts are minimum $2,500.]

More information on Wills and Probate at:http://njwillsprobatelaw.com

To schedule an appointment for Wills and Estate Planning

Contact

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817

(Phone) 732-572-0500


Editorial Assistance Provided by Adam Levine. Mr. Levine is participating in Ken Vercammens Spring Internship Program and recently graduated the Pennsylvania State University.


Editors 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, May 10, 2016

E 491 1. Organ and Tissue Donation and Transplantation helpful information. 2. Recent cases DWI Refusal notice withstands challenge 3. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente

E491   News

1. Organ and Tissue Donation and Transplantation helpful information.
        
When is Organ Donation Awareness Month?
National Donate Life Month is April.  Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
       
      Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
        Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

       Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared

2. Recent cases DWI Refusal notice withstands challenge
State v Quintero __ NJ Super __(App. Div. 2016)
The court affirms defendant's de novo conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant argues that the Attorney General's current standard statement under N.J.S.A. 39:4-50.2(e) is fundamentally deficient for not specifying the mandatory minimum penalties for refusal. In State v. O'Driscoll, 215 N.J. 461, 479-480 (2013), the Supreme Court noted, but declined to address, the sufficiency of the standard statement.
The court hold that the current standard statement satisfies the statutory mandate — that is, informing motorists and impelling compliance — by adequately informing drivers of the maximum potential license revocation and fine, and the possibility of ignition interlock, that they face for refusal. In so ruling, The court note that adding other details, including the differing mandatory minimum and maximum penalties for first offenders, second offenders, and certain third offenders, may run the risk of submerging the most significant penalties in those details.


3. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente __ NJ Super.__ (App. Div. 2016) A-5838-13T1 
The court affirmed the denial of a motion to suppress the evidence of marijuana plants found in the basement of a home searched as part of the police protocol for locating missing persons. The sixty-five year old missing woman in this case suffered from dementia, and was reported by her son as having left the home at some point during the night prior to the search. 
   In his dissent, Judge Fuentes opines that the police emergency aid doctrine does not justify this search under the guidelines set forth in State v. Vargas, 213 N.J. 301 (2013), and prior case law. 

    Our office paralegal Tracy Coleman will be out of the office for a while for medical reasons. We wish our valued office assistant Tracy Coleman our best wishes during this difficult time. Our thoughts and prayers are with her and her family.

Camp Mason offers summer camping for kids. Best Summer Ever!
   At YMCA Camp Mason we pride ourselves in offering our families a unique blend of traditional and adventure summer camp experiences right here in NJ. Whether you’re looking for a traditional overnight camp, ranch camp or adventure trips Camp Mason has a program that’s right for you.
       Generations of campers and families from all walks of life have called Camp Mason their summer home since 1900, creating memories and friendships that last a lifetime. For children and young people, summer camp at Camp Mason builds confidence, self-esteem and relationships while developing independence and empathy. It’s also an opportunity to switch off, go tech-free and enjoy spending time outdoors. 
Find out more at www.campmason.org or call us on 908-362-8217.

Ken Vercammen and Chris Knigge were campers, as are our children.

If you are happy with our services, please be sure to like us on facebook, follow us on twitter, and endorse us on Linked in:

 https://www.linkedin.com/in/kennethvercammen
 https://twitter.com/kenvercammen
 https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

 Editorial assistance provided by Gailen Davis. Ms. Davis is participating in Kenneth Vercammen's Spring Law Clerk Internship Program and will be attending law school in the fall.
 
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, April 13, 2016

E490: 1. Recent Cases: Improper for Judge to File Contempt Proceeding then Serve as Judge of Case. 2. 3rd Party Intervention still does not Permit Police to Search Private Home. 3. Protective Sweep of Car's Interior not Permitted. 4. Community Events 5. Nuts and Bolts of Elder Law for Attorneys and paralegals Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and paralegals April 18, 2016

In this issue:
1. Recent Cases: Improper for Judge to File Contempt Proceeding then Serve as Judge of Case.
2. 3rd Party Intervention still does not Permit Police to Search Private Home.  
3. Protective Sweep of Car's Interior not Permitted. 
4. Community Events 
5. Nuts and Bolts of Elder Law for Attorneys and paralegals
Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and paralegals April 18, 2016
 
1. Recent Cases: Improper for Judge to File Contempt Proceeding then Serve as Judge of Case. Ippolito v Ippolito 443 NJ Super. 1  (App. Div. 2015)  
       In this matrimonial action, the family judge instituted a contempt proceeding, pursuant to Rule 1:10-2, against defendant upon the judge's receipt of a letter from plaintiff's counsel claiming that defendant violated an order which prohibited defendant from "threatening or intimidating any expert in this matter." Because the judge presided over the very contempt proceeding he initiated, failed to appoint counsel to prosecute the matter, and shifted the burden of persuasion to defendant, the court vacated the order under review and remanded the contempt proceeding to the assignment judge to designate another judge to preside over the contempt proceeding.
 
2. 3rd Party Intervention still does not Permit Police to Search Private Home. State v. Wright 221 NJ 456 (2015)  
       The third-party intervention or private search doctrine does not exempt law enforcement's initial search of defendant's home from the warrant requirement. Absent exigency or some other exception to the warrant requirement, the police must get a warrant to enter a private home and conduct a search, even if a private actor has already searched the area and notified law enforcement.
 
3. Protective Sweep of Car's Interior not Permitted. State v Robinson 441 NJ Super. 33 (App. Div. 2015) cert denied
     The court reverses an order denying defendant's motion to suppress the handgun seized in a "protective sweep" of his car.
       Following a routine late-night traffic stop on the Garden State Parkway, police dispatch advised the patrol officer that defendant driver and one of his three passengers had open warrants and were known to carry weapons. Deciding to proceed "tactically," five officers approached with guns drawn and ordered all occupants out of the car. The two men with warrants were arrested and placed in patrol cars. Neither of the two remaining passengers possessed a driver's license. Because there are no facts in the record to support a reasonable suspicion on the part of the officer that the unlicensed drivers were dangerous and could return to the car to obtain immediate access to a weapon, the court deems the search unreasonable.
        Judge Nugent dissents, concluding the totality of circumstances justified both the officer's belief that a gun was in the car and his protective sweep for the safety of the officers on the scene as well as the public under the community caretaking doctrine.
 
4. Community Events:
April 11 Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave, Metuchen, NJ 08840
You do not have to be a Metuchen resident to attend but registration requested
(732) 632-8526

5. Nuts and Bolts of Elder Law for Attorneys and paralegals
Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and paralegals April 18, 2016
April 18  5:00 PM- 9:00 PM NJ Law Center 
    Includes a 240 + page book, plus CD with sample forms, documents & checklists! and dinner
  Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
Tuition $137 - $180 General Tuition
Tuition, reduced fee for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division, Free for Superior Court Judges, Seminar #S15900W6

More details contact New Jersey Institute for Continuing Legal Education.  The non-profit continuing education service of The New Jersey State Bar Association, Constitution Square, New Brunswick, New Jersey, 08901-1520.   Phone: 732-214-8500



If you are happy with our services, please be sure to like us on facebook, follow us on twitter, and endorse us on Linked in:
 
 https://www.linkedin.com/in/kennethvercammen
 https://twitter.com/kenvercammen
 https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/
 
 Editorial assistance provided by Gailen Davis. Ms. Davis is participating in Kenneth Vercammen's Spring Law Clerk Internship Program and will be attending law school in the fall.
 
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, March 29, 2016

E489: 1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court. 2. Criminal mischief is grounds for domestic violence. 3. If You Are Hurt In An Accident, We Can Help 4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys



 
In this issue:
1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court.
2. Criminal mischief is grounds for domestic violence.
3. If You Are Hurt In An Accident, We Can Help
4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys


1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court.  
State vs. Miles NJ Super. (App. Div. 2015) A-2692-12T1
     The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana.
          After defendant was indicted, he appeared pro se in municipal court via video conference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing "practice," the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge.
      The court held that the subsequent prosecution and conviction on the indictable charge was barred under the "same evidence" test, which is still recognized under state constitutional principles. The court reasoned that the "fundamental fairness" doctrine did not apply, notwithstanding the State's failure to join the disorderly offense with the indictable charges and defendant's reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest.

2. Criminal mischief is grounds for domestic violence.
N.T.B. VS. D.D.B. 442NJ Super. 205 (App. Div. 2015)
      In this appeal, the court determined that a spouse's damage of a door within the couple's jointly-owned marital home may constitute the predicate act of "criminal mischief," N.J.S.A. 2C:17-3, through harm to the "property of another," thereby supporting a finding of an act of domestic violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.

3. If You Are Hurt In An Accident, We Can Help
         If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies.  We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. If we cannot help, we can possibly refer you to another attorney who handles the type of case

4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys

April 18 5:00 PM- 9:00 PM NJ Law Center
Includes a 240 + page book, plus CD with sample forms, documents & checklists! Also, dinner will be served.

  Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA Municipal Court Practitioner of the Year Edison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
$137-$180.00

General Tuition, reduced fee for NJSBA Elder and Disability Law Section and NJSBA Young Lawyers Division ( Free for Superior Court Judges) Seminar # S15900W6

NJSBA Member Price is reduced- To qualify for this reduced price, you must provide your NJSBA member # at the time you place your order. If you place your order without providing your NJSBA member # you will be charged the regular price.

More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing. The non- profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732) 214-8500

Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice.

Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency and more

NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.
           Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division

Materials in 240 page Book provided to all attendees

If you are happy with our services, please be sure to like us on facebook, follow us on twitter, and endorse us on Linked in:

Editorial assistance provided by Isabel Hager-Johnson. Ms. Hager-Johnson is participating in Kenneth Vercammen's Spring Law Clerk Internship Program and will be attending law school in the fall.

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

Friday, March 11, 2016

E488: 1. Hearsay Rules Permitted Introduction of Drug and School Zone Map 2.Physical Contact not Required if Leaving the Scene

In this Issue:
1.  Recent cases: Hearsay Rules Permitted Introduction of Drug and School Zone Map.
2.   Physical Contact not Required if Leaving the Scene. 
3.   Pat-down in Safer Area Permitted. 
4.   Community Events 
5.   The following are MVC points for NJ Motor Vehicle violations.

1.  Hearsay Rules Permitted Introduction of Drug and School Zone Map. State vs. Wilson 442 NJ Super. 224 (App. Div. 2015) 
     Admission of an official park-zone map, see N.J.S.A. 2C:35-7.1(e), does not violate the Confrontation Clause.

2. Physical Contact Not Required if Leaving the Scene.  State vs. Sene __ NJ Super. __ (App. Div. 2015) A-2256-13T1
     The question of first impression presented on this appeal is whether contact between defendant's vehicle and a victim is a necessary element of leaving the scene of an accident in violation of N.J.S.A. 2C:11-5.1. Defendant was driving a taxi when a pedestrian stepped into his lane of traffic. The pedestrian fell into the adjoining lane of traffic and was killed when she was run over by another vehicle. Defendant did not stop his taxi at the scene and left without speaking to anyone. A jury convicted him of leaving the scene of a fatal motor vehicle accident under N.J.S.A. 2C:11-5.1. On appeal, defendant contends that a necessary element to the crime is contact between his vehicle and the victim. The Court disagrees and holds that such contact is not an element of this crime. The Court also hold that N.J.S.A. 2C:11-5.1 is not unconstitutionally vague. We, therefore, affirm defendant's second-degree criminal conviction.

3. Pat-down in Safer Area Permitted.  State v. Watts __ NJ __ (2015) (A-21-14)
       The police did not act in an objectively unreasonable manner in violation of the Federal and State Constitutions by conducting an initial pat-down of defendant and detaining defendant for a thorough search in a more controlled, safe, and secure location.

4. Community Events:

Mar 7   Municipal Court College  5:30-9 Law Center
              2016 MUNICIPAL COURT COLLEGE
              https://www.facebook.com/events/1674456042792968/

Mar 8   Edison Library
              Wills, Estate Planning & Probate Seminar
              at 7pm   Free community program
 https://www.facebook.com/events/1262180170466016/

Mar 10  Wills & Power of Attorney Seminar at 7pm
               Piscataway Library Kennedy Branch
               500 Hoes Lane Piscataway NJ 08854
               https://www.facebook.com/events/191720137852734/

Mar 11  Friendly Sons of St. Patrick dinner, Friday
           This year's dinner will be held at the Pines Manor in Edison, NJ. Black tie, men only,  The recipient of "Irishman of the Year" is PBA President Pat Colligan.  Tickets are $100 and made payable to Friendly Sons of St. Patrick.  To buy tickets call Kevin Hoagland at 732-745-3818.  We are trying to setup a table. Call Kenneth Vercammen if interested at 732-572-0500.  The dinner draws influential attorneys, judges and professionals from Central NJ.  Cocktails 7PM.  Dinner at 8:30PM.

Mar 12  South Amboy Parade Saturday,
               Inclement weather date is March 19, 2016
  https://www.facebook.com/events/211746785844633

Mar 13  St. Paddy's 8k now [approx. 5 miles]    9:30 Freehold   Keg of beer and some food   great FARC event keg is outside. Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.
             https://www.facebook.com/events/1542842286035501/

Mar 13    Woodbridge Parade  (steps off at 1:30 pm)
      https://www.facebook.com/events/1639220333019786/

Mar 14    NJSBA Municipal Court Section meeting 4-6 Law Center

Mar 19   Keyport Saint Patrick's Day Parade at 1:00 PM.
            https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/

               Or Highlands Saint Patrick's Day Parade at 2.00 pm
               https://www.facebook.com/events/313870302136949/

Mar 20  Miles for Music 20K Race Johnson Park,
               Piscataway 9am and 5k FB
               https://www.facebook.com/events/1698296557083093/

5. The following are MVC Points for NJ Motor Vehicle Violations.

VIOLATION
POINTS
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
39:3-29 Operating Constructor vehicle in excess of 30 mph
3
39:4-14.3 Operating motorized bicycle on restricted highway
2
39:4-14.3d More than 1 person on a motorized bicycle.
2
39:4-35 Failure to yield to pedestrian in crosswalk
2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
2
39:4-41 Driving through safety zone.
2
39:4-52 Racing on Highway
5
39:4-55 Improper action or omission on grades and curves
2
39:4-57 Failure to observe directions of officer.
2
39:4-66 Failure to stop before crossing sidewalk
2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign
2
39:4-71 Improper driving on sidewalk
2
39:4-80 Failure to obey direction of officer
2
39:4-81 Failure to observe traffic signal
2
39:4-82 Failure to keep right
2
39:4-82.1 Improper operating of vehicle on divided highway or divider
2
39:4-83 Failure to keep right at intersection
2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
5
39:4-85 Improper passing on right or off roadway
4
39:4-85.1 Wrong way on one-way street
2
39:4-86 Improper passing, in "No Passing" zone
4
39:4-87 Failure to yield to overtake vehicle
2
39:4-88 Failure to observe traffic lanes
2
39:4-89 Tailgating
5
39:4-90 Failure to yield at intersection
2
39:4-90.1 Failure to use proper entrances to limited access highway
2
39:4-91  Failure to yield to emergency vehicle
2

39:4-91-92
Failure to yield to emergency vehicles 2
2

39:4-96 Reckless driving
5
39:4-97 Careless driving
2
39:4-97a Destruction of agricultural or recreational property
2

39:4-97.2 3rd offense     4 points
39:4-97.1 Slow speed blocking traffic                


2
39:4-98 or Speeding up to 14mph above limit
2
39:4-99 Speeding 15-29 mph above limit
4
Speeding 30 mph or more above limit
5
39:4-105 Failure to stop at traffic light
2
39:4-115 Improper turn at traffic light
3
39:4-119 Failure to stop at flashing red signal
2
39:4-122 Failure to stop for police whistle
2
39:4-123 Improper right or left turn
3
39:4-124 Improper turn: from approved turning course
3
39:4-125 Improper U-turn
3
39:4-126 Failure to give proper signal
2
39:4-127 Improper backing or turn in street
2
39:4-127.1 Improper crossing of railroad grade crossing
2
39:4-127.2 Improper crossing of bridge
2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4-128.1 Improper passing of school bus
5
39:4-128.4 Improper passing of frozen dessert truck
4
39:4-129 Leaving scene of accident- No injuries
2
39:4-129 Personal Injury
8
39:4-144 Failure to observe of stop or yield signs
2
39:5D-4 Moving violation out-of-state
2
http://www.njlaws.com/dmv_and_points.htm

Wednesday, March 09, 2016

E487: 1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 2 Odor of Marijuana probable cause for search.

In this issue:

1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 2 Odor of Marijuana probable cause for search.

1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 

           The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
          If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
          No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises, which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
         If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.
         What actions must the owner of commercial property take with regard to defects / snow / ice accumulation/ dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect / snow / ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.
If you are injured, after seeking medical treatment and advising the store/mall, CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an Appointment.
More info at: http://www.njlaws.com/fall_down_injuries_on_snow.htm

2. Odor of Marijuana probable cause for search. 

State v Myers 442 NJ Super. 287 (App. Div. 2015)
The odor of marijuana has long been held to provide probable cause of the commission of a marijuana offense. Under the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 to -16, registered qualifying patients receive registry identification cards, and their medical use of marijuana as authorized by the CUMMA is exempt from criminal liability under N.J.S.A. 2C:35- 18. Where, as here, there is no evidence that the person suspected of possessing or using marijuana has a registry identification card, the odor of marijuana still provides probable cause of the commission of a marijuana offense. Here, the odor of burnt marijuana emanating from defendant's car gave the officer probable cause to arrest him for a marijuana offense committed in the officer's presence.

Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is participating in Ken Vercammen's Fall Internship Program and currently attends Kean University.

Editor's Note and Disclaimer: All materials Copyright 2015. 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