2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, July 18, 2017


NJ LAWS EMAIL NEWSLETTER E522 Kenneth Vercammen, Attorney at Law 
                                                    July 18, 2017 
Greetings! 

In this issue: 

1. New NJ Estate Tax Law, Wills, & Estate Seminar October 3 at 7pm. Free community program in the Edison Library Main Branch, 340 Plainfield Ave, Edison, NJ 08817

2. Wills and Estate Administration- Protect your family and make planning easy



SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                    Author- Wills & Estate Administration ABA
       The January 1, 2017 New Estate Tax Law made a number of substantial changes in the administration of estates and trusts in New Jersey. 

Main Topics:
  1. 2017 changes to NJ Estate Tax & changes to taxes on pensions 
  2. 2017 changes in Federal Estate and Gift Tax
  3. The New Probate Law and preparation of Wills 
  4. Power of the Attorney 
  5. Living Will 
  6. Administering the Estate/ Probate/ Surrogate 

               You do not need to be an Edison resident to attend. 
               COMPLIMENTARY MATERIAL: Brochures on Wills, Probate 
               and Administration of an Estate Sales for Seniors, and Trusts. 

               For information call 732-287-2298 x 228
               To register go to http://www.edisonpubliclibrary.net/index-ek.shtmlFacebook 

E521 1. Annual Happy Hour & Networking Social 2. Recent cases: Restraining Order TRO vacated where defendant not served. 3. Live witness not mandatory at detention hearing. 4. Fun Upcoming Running Races & events selected by Kenneth Vercammen If you are attending any of these charity races.

NJ LAWS EMAIL NEWSLETTER E521
Kenneth Vercammen, Attorney at Law
Greetings!
In this issue:
1. Annual Happy Hour & Networking Social July 14, 2017   All Friends, past clients, Attorneys, NJ Bar Members, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation   

2. Recent cases: Restraining Order TRO vacated where defendant not served.
A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016) 

3. Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016) 

4. Fun Upcoming Running Races & events selected by Kenneth Vercammen If you are attending any of these charity races. 
______________________________________________________________

1.  Annual Happy Hour & Networking Social July 14, 2017 
All Friends, past clients, Attorneys, NJ Bar Members, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social 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 with $2.00 House Drink, Bud/BudLt draft & House Wine Special.
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for the St. Matthews St. Vincent DePaul food bank, continuing to provide food and help to individuals in need. 4 blocks from Belmar Train Station and 6 blocks from the ocean.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

Happy Hour Party Bar Anticipation
We need a couple of volunteers for a short period of time.
- 1 Volunteer: Hang up signs and banner
- 1 Volunteer: Help check names off and give out VIP wristbands
- 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 - ______
If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
https://www.facebook.com/events/1579828042310755/
2. Recent cases: Restraining Order TRO vacated where defendant not served. 
A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016)
      The Family Part found defendant physically assaulted his wife twice over a three-week period. Applying the two-prong analysis in Silver v. Silver, 387 N.J. Super. 112, 125-27 (2006), the judge found an FRO was not necessary to protect plaintiff from future acts or threats of violence. The court held the Family Part failed to adequately consider the inherently violent nature of the predicate acts. Under these circumstances, the need to issue an FRO was "self-evident." Silver, supra, 387 N.J. Super. at 127.
      Defendant, a Newark Police Officer, was not served with the TRO. Notwithstanding defendant's failure to object, N.J.S.A. 2C:25-28l, N.J.S.A. 2C:25-28n, and the Domestic Violence Procedures Manual makes the Judiciary responsible to serve defendant with the TRO. The court held the trial court had an obligation to determine what caused this systemic failure. The court further held the trial court erred as a matter of public policy when it considered the Judiciary's failure to carry out this legal responsibility as a factor in favor of denying plaintiff's application for an FRO. A-4730-14T3
 
3. Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016) 
        Defendant appealed from an order detaining him pretrial pursuant to the Bail Reform Act (the Act), N.J.S.A. 2A:162-15 to -26. The State presented the complaint-warrant, the affidavit of probable cause, the Preliminary Law Enforcement Incident Report and the Public Safety Assessment to establish probable cause for defendant's arrest and grounds for detention. Collectively, the documents demonstrated that a firearm had been discharged, police officers personally observed defendant in possession of a gun and seized the weapon and spent shell casings. Pretrial Services recommended that defendant be detained, or released with the highest level monitoring, including electronic monitoring.
      Defendant objected, arguing a live witness with knowledge of the incident sufficient to permit meaningful cross-examination was required. The judge overruled the objection, considered the State's proffered evidence and entered the order of detention.
     On appeal, defendant argued that permitting the State to establish probable cause by proffer and without calling a witness violated his due process rights and the Act. The Court disagreed and affirmed the detention order, finding that allowing the State to proceed by proffer did not violate due process or the Act. However, the court noted that at detention hearings under the Act, the judge retains discretion to reject the adequacy of the State's proffer and compel production of a "live" witness. A-1787-16T6
 
4. Fun Upcoming Running Races selected by Kenneth Vercammen If you are attending any of these charity races, please call or email Ken V. at  Kenv@njaws.com 
Often we car pool or meet at these events. 
 
July 15, 2017  Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event.  8am  

Jul 15, 2017 North Brunswick Heritage Day 5K Run

July 15, 2017 St. Thomas Aquinas High School 40 year Reunion Class of 1977  (aka Bishop Ahr High School) 7pm- 11pm
Where:  Edison Elks Lodge/ Edison Community Pool 375 Old Post Road
Edison NJ 08817-4653

July 22, 2017 Rooney 1 mile swim 8:30 AM; 1 mi;  ; Sea Bright,

July 22, 2017 SeasIT 5K | Saturday, Allenhurst
Nice scenic and flat run through the neighborhoods of Allenhurst  

July 23, 2017 5k Run / Walk VFW Post 133 East Brunswick, NJ 9AM free burgers, beer food

July 30, 2017 Sun JFK Medical Center Miles for Minds 5K  Roosevelt Park  Edison, NJ Wakefern Shoprite co-sponsor

August 5, 2017 Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor        

August 12, 2017 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor 
Editorial Assistance provided Natali Taglic who is currently participating in our summer internship progam.  Ms. Taglic will be attending Boston College School of Law beginning September of 2017.
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Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
Editor's Note and Disclaimer:
All materials Copyright 2017. 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

E520 1. Annual Happy Hour & Networking Social July 14, 2017 All Friends, past clients, Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation 2. Recent cases: Limited warrantless search for credentials ok here. 3. Letter by defendant admitting culpability admitted. 4. Fun Upcoming Running Races selected by Kenneth Vercammen. 5. St. Thomas Aquinas High School 40 year Reunion Class of 1977 (aka Bishop Ahr High School)

NJ LAWS EMAIL NEWSLETTER E520
Kenneth Vercammen, Attorney at Law
Greetings!
In this issue:

1. Annual Happy Hour & Networking Social July 14, 2017   All Friends, past clients, Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social at Bar Anticipation   
2. Recent cases: Limited warrantless search for credentials ok here. 
3. Letter by defendant admitting culpability admitted.   
4.  Fun Upcoming Running Races selected by Kenneth Vercammen.  
5.  St. Thomas Aquinas High School 40 year Reunion Class of 1977  (aka Bishop Ahr High School)  
______________________________________________________________
Recent cases
1. Annual Happy Hour & Networking Social July 14, 2017 
All Friends, past clients, Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social 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 with $1.50 House Drinks, Bud/BudLt draft & House Wine Specials.
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for the St. Matthews St. Vincent DePaul food bank, continuing to provide food and help to individuals in need. 4 blocks from Belmar Train Station and 6 blocks from the ocean
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
   If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
https://www.facebook.com/events/1579828042310755/
2. Recent cases: Limited warrantless search for credentials ok here
State v Hamlett 449 NJ Super. 159 (App. Div. 2017)
     The court held that, with respect to a separate warrantless search of the center console of a rental vehicle defendant was driving, the police were authorized to conduct a limited search for credentials after defendant was unable to produce his driver's license or the vehicle's registration, insurance card, and rental agreement.
    Defendant challenged the seizure of drugs and a handgun from his Galloway Township motel room pursuant to a search warrant based on probable cause issued by an Atlantic City Municipal Court judge. The court held that although the search warrant application failed to comport with the procedures promulgated for the cross-assignment of municipal court judges pursuant to State v. Broom-Smith, 201 N.J. 229 (2010), defendant's constitutional rights were not violated by the procedural deficiency and therefore suppression of the contraband found in defendant's motel room is not warranted.
 A-4399-14T2
3. Letter by defendant admitting culpability admitted. State v Marroccelli 448 NJ Super. 349 (App. Div. 2017)

     In this appeal from her conviction for vehicular homicide, defendant argued that the trial judge erred in excluding a letter she alleged her husband wrote in which he accepted responsibility, six months after the fact, for driving the car at the time of the accident that caused the victim's death. The court concluded that defendant presented a prima facie showing of authenticity based upon her testimony at a Rule 104 hearing that she observed her husband as he wrote and signed the note. Therefore, the court held that the judge should have admitted the note into evidence and given the jury the opportunity to subject it and defendant's testimony to more intense review. The court also concluded that the trial judge erred in barring defendant from introducing evidence of her driving habits in support of her contention that she was not driving on the night of the accident. A-5386-13T3 
4. Fun Upcoming Running Races selected by Kenneth Vercammen If you are attending any of these charity races, please call or email Ken V. at  Kenv@njaws.com 
Often we car pool or meet at these events. 
July 6, 2017  Woodbridge 4-mile   7pm  free pizza, Sewaren music co-sponsored by Wakefern Shoprite   FB

July 8, 2017  Belmar Five Mile Run 5 mile, 8:30am Belmar NJ  Ken V is again setting up 5 teams to run. We need 20 runners who can break 50 minutes for 5 mile. Free food at Bar Anticipation after race and reduced price beer. Contact Ken to join our teams- "Legends of Belmar, US Olympic Development, RVRR Beer Mile Champs, etc - benefiting Goodwill Hose Volunteer Fire Co    

July 9, 2017 War at Shore Long Branch Triathlon Sunday 6:50   www.splitsecondracing.net/
July 15, 2017    Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event.  8am  
5.   St. Thomas Aquinas High School 40 year Reunion Class of 1977  (aka Bishop Ahr High School) 
   Sat. July 15, 2017 
7pm- 11pm
Where:  Edison Elks Lodge/ Edison Community Pool 375 Old Post Road
Edison NJ 08817-4653
  Please pass this along to any St. Thomas grads.
         Includes- Steak, Tap beverage, baked potato, corn on the cob, dessert.
Music by Stevie Marshall Band & Dancing.    
  Cash bar for wine/ mixed drinks. Bring your own snacks or veggie food. Held in conjunction with the Edison Elks Family Pool Night- Rain or shine
Cost:  $30.00 Ticket must be purchased prior to July 12. Make checks payable to Edison Elks.
 Mail to KENNETH VERCAMMEN, Esq
Att: 40th Reunion at Edison Elks
2053 Woodbridge Ave.
Edison, NJ 08817
    Include a stamped, self- addressed envelope.  Tickets will be mailed back on July 5. 
Tickets also available to be purchased directly at the Edison Elks Lodge, 375 Old Post Rd., Edison 732-985-2487
      Tickets at the door will be an additional $10.00 [$40.00] and you will only get a burger, not a steak.  No children permitted by state law since alcohol served. Outdoor Casual dress plus pool open. We had the same event for our 25th reunion with an outdoor party at the Elks and 80 persons attended.
This 40 year Reunion was posted in 2016 on Facebook STA 1977
https://www.facebook.com/groups/sta77/
      Everyone from the class of 77 should join this Facebook closed group.
 We also created Facebook event page for the public
Please help!. We need some assistance with publicity and day of event and night of event, including greeters at the door. [Not heavy lifting].       
Editorial Assistance provided Natali Taglic who is currently participating in our summer internship progam.  Ms. Taglic will be attending Boston College School of Law beginning September of 2017.
-----------------------------------------------------------------------------------------
Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
Editor's Note and Disclaimer:
All materials Copyright 2017. 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, June 14, 2017

E519 1. Defendant's furtive movement after car stop justified removal of passenger. State v. Bacome __ NJ __ (2017) 2. Plain feel search not permitted with strip search for DP. State v Evans __ NJ Super. __ (App. Div. 2017). 3. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.

NJ LAWS EMAIL NEWSLETTER E519
Kenneth Vercammen, Attorney at Law
June 7, 2017

Greetings!
In this issue:

1. Defendant's furtive movement after car stop justified removal of passenger. State v. Bacome __ NJ __ (2017)
2. Plain feel search not permitted with strip search for DP. State v Evans  __ NJ Super. __ (App. Div. 2017).
3. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
______________________________________________________________

Recent cases
1. Defendant's furtive movement after car stop justified removal of passenger.  State v. Bacome __ NJ __ (2017).

     The heightened-caution standard announced in Smith, supra, 134 N.J. at 618-20, remains the proper test for determining the appropriateness of ordering a passenger from a car. Under the Smith test, defendant's furtive movements inside a recently stopped vehicle provided an objectively reasonable basis for officers' exercising heightened caution, justifying removal of the passenger. (A-9-15)
2. Plain feel search not permitted with strip search for DP. State v Evans __ NJ Super. __ (App. Div. 2017).

    In this appeal, the court considered the application of the "plain feel" exception to the warrant requirement, Minnesota v. Dickerson, 508 U.S. 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993); State v. Jackson, 276 N.J. Super. 626, 628 (App. Div. 1994), to a strip search that was conducted after defendant was arrested on a warrant for failing to pay a $6.50 traffic fine. In the absence of a warrant or consent, N.J.S.A. 2A:161A-1 prohibits a strip search of a person "detained or arrested for commission of an offense other than a crime" unless the search is based on probable cause and "a recognized exception to the warrant requirement." N.J.S.A. 2A:161A-1.
Guidelines issued by the Attorney General's Office set forth even more exacting criteria to be satisfied before a strip search is conducted. The court concluded the plain feel exception did not apply and, further, that the seizure of drugs from defendant's person was not objectively reasonable. The court-reversed defendant's convictions and remand for a hearing to determine whether the search of an automobile pursuant to a search warrant was sufficiently free of taint from the unlawful search and seizure. A-0489-14T1
3. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
Edison Elks Family Pool day and outdoor band 6/10/17
Open to area Elks. For tickets go to the lodge Edison Elks Lodge #2487. 
If not an Elk, join now.
375 Old Post Road
Edison NJ 08817-4653
(732) 985-2487
near ShopRite and Edison HS.
June 11 New Jersey Irish Festival 2017 Monmouth Park
June 14 Learning at Lunchtime update 2017 Wills and Estate Planning- Free Seminar
Wednesday
12:15-1:00 PM Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
    COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to St. Matthews St. Vincent DePaul Food Bank. Please email us if you plan on attending
July 14, 2017  Annual Happy Hour & Networking Social
Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social
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 with $1.50 House Drink, Bud/BudLt draft & House Wine Special
      Outdoor bands, prize giveaways. Bring your friends. Pass this along.Please bring a canned food donation for the St. Matthews St. Vincent DePaul food bank, continuing to provide food and help to individuals in need. 4 blocks from Belmar Train Station and 6 blocks from the ocean
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
   If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
732-572-0500
 Fun Upcoming Running Races selected by Kenneth Vercammen If you are attending any of these charity races, please call or email Ken V. atKenv@njaws.com Often we car pool or meet at these events.  

June 10  Pancreatic Cancer 5k Run for a Cure, 8am, Roosevelt Park, Edison, 

June 11 The Tour de South Brunswick Bike Ride features 3 levels of participation: a 4-mile family fun ride, a 10 mile fun ride, and the 25 mile Tour de South Brunswick.
June 13  Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park  7pm 

June 18 Congratulations to long time office paralegal/ office manager Mike McDonald & Tonianne Dougherty getting married   Sunday

June  18  Fuce 5K 8:30 Metuchen HS no awards but good cause

June 18      Happy Father's Day and special Happy Father's Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work.

   Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoy spending time every Wildwood Elks Convention, 4th of July and Labor Day at the Poconos, plus their Active Adult Community Pool in Jackson on Father's Day.
June 19 PRESIDENT'S CUP NIGHT RACE 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party    Ken V needs a ride from Edison or East Brunswick or South Brunswick Presidents Cup 5k, coed team event.      
-----------------------------------------------------------------------------------------
Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
Editor's Note and Disclaimer:
All materials Copyright 2017. 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

E518 1. Memorial Day 2. School Zone map not admissible if not properly authenticated. 3. No warrantless entry of homes. 4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.

NJ LAWS EMAIL NEWSLETTER E518
Kenneth Vercammen, Attorney at Law
May 24, 2017

Greetings!
In this issue:

1.  Memorial Day
2.  School Zone map not admissible if not properly authenticated. 
3. No warrantless entry of homes. 
4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
______________________________________________________________

1.  Memorial Day
    
       Memorial Day is a federal holiday in the United States for remembering the people who died while serving in the country's armed forces  The holiday, which is currently observed every year on the last Monday of May, originated as Decoration Day after the American Civil War in 1868, when the Grand Army of the Republic, an organization of Union veterans founded in Decatur, Illinois, established it as a time for the nation to decorate the graves of the Union war dead with flowers.

        Many people visit cemeteries and memorials, particularly to honor those who have died in military service. Many volunteers place an American flag on each grave in national cemeteries.
        Memorial Day is not to be confused with Veterans Day; Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.[6]
       Memorial Day is 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 hold 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.  

      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.
VFW  Memorial Day address: http://www.usmemorialday.org/backgrnd.html
Recent cases
2.  School Zone map not admissible if not properly authenticated. State v. Wilson __ NJ __  (2017).
      The map commissioned and adopted by the Board pursuant to N.J.S.A. 2C:35-7.1(e) is nontestimonial and its admission therefore did not violate Wilson's confrontation rights. Further, such maps are admissible, if properly authenticated, under N.J.S.A. 2C:35-7.1(e) and as public records pursuant to N.J.R.E. 803(c)(8). Because the map was not properly authenticated, however, the Court is constrained to reverse the Appellate Division's judgment that the map was properly admitted into evidence at trial and to remand the matter for a new trial on the count of defendant's conviction that depended on the map. (A-42-15)
3. No warrantless entry of homes. State v. Legette __ NJ __  (2017).
      Chrisman and Bruzzese do not support warrantless entries into detainees' homes; they apply only to cases in which a suspect has been arrested prior to the officer's entry into the home. Here, because the State failed to meet its burden of demonstrating that the warrantless entry fell within a recognized exception to the warrant requirement, the entry was illegal and the evidence obtained as a result of that entry should have been suppressed. (A-12-16)
4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
         If you are attending any of these charity events, please call or email Ken V. at Kenv@njaws.com. Often we car pool or meet at these events. I update this list at:http://vercammensport.blogspot.com/ 

May 26 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son.

May 27  Spring Lake Five Mile  Run    Saturday    8:30am then free food at Bar A.
May 28  Navesink 1.2 mile swim   8:15 AM
May 28   Edison Memorial Day Parade The 2017 parade will be in the Clara Barton section beginning on Walsh Avenue. Start is 2pm Sunday.  The Edison Elks and float will be participating. The parade will traveling up AMBOY AVENUE to Brower Avenue and concluding at the American Legion Clara Barton 324. Ken V will be marching with Edison Elks
May 29 North Brunswick 5k   North Brunswick Community Park Route 130 South
May 29 Monday Metuchen Memorial Day Parade & Parade Begins at 10:00 AM
June 11 New Jersey Irish Festival 2017
July 14 Annual Happy Hour & Networking Social
Attorneys, Staff, Professionals, Law Enforcement invited to Happy Hour & Networking Social
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 with $1.50 House Drink, Bud/BudLt draft & House Wine Special
      Outdoor bands, prize giveaways. Bring your friends. Pass this along.Please bring a canned food donation for the St. Matthews St. Vincent DePaul food bank, continuing to provide food and help to individuals in need. 4 blocks from Belmar Train Station and 6 blocks from the ocean
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
   If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact:
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
-----------------------------------------------------------------------------------------
Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
Editor's Note and Disclaimer:
All materials Copyright 2017. 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

E517 1. Under new court rules, defendant entitled to discovery prior to new pre-detention hearing. 2. If Defendant takes witness stand they can be cross-examined on inconsistent statements after Miranda. 3. If A Loved One Is A Victim Of Nursing Home Abuse, Attorneys Can Help 4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen. 5. Still looking to have your Will prepared?

NJ LAWS EMAIL NEWSLETTER E517
Kenneth Vercammen, Attorney at Law
May 10, 2017

Greetings!
In this issue:

1.  Under new court rules, defendant entitled to discovery prior to new pre-detention hearing.  
2.  If Defendant takes witness stand they can be cross-examined on inconsistent statements after Miranda.
3.  If A Loved One Is A Victim Of Nursing Home Abuse, Attorneys Can Help
4.  Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen.
5. Still looking to have your Will prepared?
______________________________________________________________

Reent cases
1. Under new court rules, defendant entitled to discovery prior to new pre-detention hearing.  State v Robinson __ NJ Super. __ (App. Div 2017). 

  The opinion addresses the scope of the discovery, which the State must produce prior to a pretrial detention hearing held under the Bail Reform Act, N.J.S.A. 2A:162-15 to -26. Specifically, the court construes Rule 3:4-2(c)(1)(B), which requires the prosecutor to produce "all statements or reports in its possession relating to the pretrial detention application." 

    The court rejects the State's argument that its discovery obligation is limited to producing the probable cause affidavit and the preliminary law enforcement information report (PLEIR). The rule obligates the prosecutor to provide a defendant with those materials in the State's possession that relate to the facts on which the State bases its pretrial detention application. In this case, the probable cause affidavit relied on eyewitness identification of defendant, and the opinion affirms the trial court's order requiring the prosecutor to provide defendant with the two eyewitness statements, photo arrays, a surveillance video, and the initial police reports. A-1891-16T2

2. If Defendant takes witness stand they can be cross-examined on inconsistent statements after Miranda.  State v. Kucinski __ NJ __ (2017). 
     
     Defendant waived his right to remain silent when he took the witness stand and therefore the State permissibly questioned defendant on cross-examination about the inconsistencies between his post-arrest statement to police and his statement on direct-examination at trial even though he initially requested an attorney. (A-58-15)

3.  If A Loved One Is A Victim Of Nursing Home Abuse, Attorneys Can Help

     Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.

     If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it. 

4. Fun Upcoming Charity events and Running Races Selected by Kenneth Vercammen

5/14/17   Happy Mother's Day to my Mom Carol Vercammen and all the Moms out there. My mom was a Scout Den mother, President of First Aid Ladies Auxiliary, St. Francis Grammar School Volunteer, then worked full time to help pay for three kids in Catholic High School, Catholic College and some law school.         

5/14/17       Edison Elks Mother's Day Breakfast  8AM Good food. 

5/14/17 Run the Hook  5K/10K RACE TO KEEP OUR OCEANS WILD & POLLUTION FREE 10am

5/21/17 Thorne 4m W. Long Branch 9am great JSRChttp://www.thornescholarshiprun.org
May 26   "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son.
May 27, 2017 Spring Lake Five Mile  Run    Saturday    8:30am then free food at Bar A.

5/28/17    Navesink 1.2 mile swim   8:15 AM

5/28/17   Edison Memorial Day Parade The 2017 parade will be in the Clara Barton section beginning on Walsh Avenue. Start is 2pm Sunday.  The Edison Elks and float will be participating. The parade will traveling up AMBOY AVENUE to Brower Avenue and concluding at the American Legion Clara Barton 324.

5/29 North Brunswick 5k North Brunswick Community Park Route 130 South

5/29 Monday Metuchen Memorial Day Parade & Parade Begins at 10:00 AM       Parade Begins at 10:00 AM 

    If you are attending any of these charity events, please call or email Ken V. at: Kenv@njaws.com Often we car pool or meet at these events. I update this list at: http://vercammensport.blogspot.com/.

Free Sleds and snow Bobs
    Over the years we accumulated several sleds and snow bobs while my kids went to the Pocono's on weekends. Our son is now in Dental School and daughter works full time. Our sleds and toboggans available for free for anyone who can use them for their kids or grandchildren. 
Pick up in North Brunswick Call 732-261-4005

   Table & chairs available to borrow. Having a party, First Communion, Graduation?-    Friends can borrow our long Folding Table, wooden folding chairs, steam trays, I had my first summer party back when I was in college. I have accumulated tables and other social event items. We keep the table, chairs, etc in the garage at the Law Office. If you want to borrow, just call office to arrange time to pick up. Just bring back clean and don't break them. 732-572-0500


Still looking to have your Will prepared?
CONFIDENTIAL WILL QUESTIONNAIRE" 
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. Email back and we can start working on your Estate Planning.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE".  If "NOT APPLICABLE", please state "N/A"  
PLEASE PRINT CLEARLY 
1.    Your Full Name: _____________________________________________

2.IF MARRIED OR SEPARATED, complete (a) and (b) below.  If married no need to fill out separate forms unless you want different Executors 

Spouse's Full Name: ______________________________________                
                                   First                                Last 

3.  Your Street Address: ____________________________________

City _______________________ State ____  Zip Code ______________
              
4.Telephone Numbers:                 
Cell: _______________________________  other #  _____________________
                                     

5.E-mail address: _______________________________________

6. Referred By: ___________________________________________
If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, what search terms did you use?

7. Today's Date ____________________

       We recommend a Durable Power of Attorney in the event of your physical 
or 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 ________
Confidential Will Q                         Rev 4/24/17
How can we help you? What are your questions/other important information that need to be addressed?

_______________________________________________________ 

_______________________________________________________ 
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8.Your Marital Status:[  ] Single  [  ]  Married [  ]  Separated [  ] Divorced[  ]  Widowed   

9.  Your Day/Month  of birth:  ___________________   
   

10.  Spouse Day/Month of birth:  _________________   
                         
11.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: _____________ mortgage balance _________

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 ____

  Is total more or less than $2,000,000 ? ____________ 
In the Will- Who do you want to get your assets:

Beneficiary (1) _______________________Relationship _____ 

Beneficiary (2) _______________________Relationship ___ 

Beneficiary (3) _______________________Relationship ___ 
    It is required that assets and beneficiaries be filled out prior to seeing the attorney. Also, list who receives assets if a beneficiary dies prior to you if that person's share does not go to their children.
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 child's 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 no minor 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 . This interview form online athttp://www.njlaws.com/will_questionnaire.html

[ ] 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 child's 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 may 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 or type a list:

_______________________________________________________ 
_______________________________________________________ 
Your estate may be subject to NJ Estate Taxation if the total of your assets exceeds $2,000,000.  If your assets exceed $2,000,000 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 Medicaid Nursing Home Planning.
                  WILLS:
T 1- Parents with minor children and trust for children _____
T 2- Parents no spouse                          _____ 
T 3- Unmarried                        ______ 
T 4- Parents without trust        ____ 
T 5- Spouse Trust if assets over $2 million or hold $ for spouse in Trust ? _____

PAYMENT WILL BE MADE BY:  (Please circle one)
Check, Credit Card (Visa, Mastercard, American Express) or Cash 
Checks are payable to Vercammen PC
Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. Minimum fee for Last Will and Testament preparation is $300 each. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Trusts are minimum $2,500.

This form was filled out by:  _________________________
                                            sign name


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Editor's Note and Disclaimer:
All materials Copyright 2017. 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

E516 1. Wills, Estate Planning & Probate Seminar Sponsored by M.A.S.H. Mutual Aid Self Help for single adults. May 8 at 7:30pm 2. Recent cases: Municipal Court can stay DL Suspension after DWI if Appeal. 3. DNA on Towel Not Admissible without Proper Foundation and Chain of Custody. 4. Next Community & Charity Events

NJ LAWS EMAIL NEWSLETTER E516
Kenneth Vercammen, Attorney at Law

April 26, 2017

Greetings!
In this issue:

1.  Wills, Estate Planning & Probate Seminar Sponsored by M.A.S.H.  Mutual Aid Self Help for single adults. May 8 at 7:30pm    
2.  Recent cases: Municipal Court can stay DL Suspension after DWI if Appeal.  
3.  DNA on Towel Not Admissible without Proper Foundation and Chain of Custody. 
4.  Next Community & Charity Events 
______________________________________________________________

1. Wills, Estate Planning & Probate SeminarSponsored by M.A.S.H  Mutual Aid Self Help for single adults. May 8 at 7:30pm
Free community program
JFK Conference Center Social Hall
70 James Street
Edison, New Jersey 08820
WILLS & ESTATE ADMINISTRATION-
PROTECT YOUR FAMILY AND MAKE PLANNING EASY
Recent Cases:
1.  Municipal Court can stay DL Suspension after DWI if Appeal. State v. Robertson __ NJ __ (2017)
       The Crowe factors are not a good fit to assess license suspensions in driving while intoxicated (DWI) cases. Defendants who seek a new trial before the Law Division should be presumptively eligible for a stay of a driver's license suspension. The State can overcome that presumption by showing that a stay would present a serious threat to the safety of any person or the community. If no conditions would mitigate that risk, the court should not stay the sentence. If a defendant is convicted of DWI by the Law Division, the defendant has the burden to justify a stay of a driver's license pending appeal to the Appellate Division by demonstrating the three elements set forth in Rule 2:9-4. If a stay is granted, the court may impose appropriate conditions similar to those available after a defendant's conviction in municipal court. Municipal court and trial judges should set forth reasons on the record when they rule on a stay motion. (A-58-14)
3. DNA on Towel Not Admissible without Proper Foundation and Chain of Custody.  State v Mauti 208 NJ 519 (2017)
      A jury found defendant guilty of third degree aggravated criminal sexual contact and fourth degree criminal sexual contact and not guilty of first degree aggravated sexual assault and second degree sexual assault. Defendant is a physician. The complaining witness is his sister-in-law. The court reverse and remand for a new trial.
      The court hold the trial judge should have excluded a towel containing defendant's semen based on the absence of competent evidence linking it to the alleged sexual assault. The towel also constituted inadmissible hearsay by conduct under N.J.R.E. 801(a)(2).
      The judge also abused his discretion by permitting the State to call five fresh-complaint witnesses and thereafter deciding not to instruct the jury on fresh-complaint testimony. Defense counsel's acquiescence to the trial judge's decision not to charge the jury on fresh-complaint did not constitute invited error.
     Finally, The court conclude that the trial court properly admitted a redacted version of a letter sent by defense counsel to the prosecutor as an adopted admission under N.J.R.E. 803(b)(3). Under these circumstances, The court reject defendant's argument that defense counsel's letter falls within the ambit of "plea negotiations," as that term is used in N.J.R.E. 410. Our analysis is guided by the federal courts' review of Fed. R. Evid. 410, the source rule of N.J.R.E. 410.
     As a matter of first impression in this State, The court adopt the analytical approach used by the Fifth Circuit Court of Appeals in United States v. Robertson, 582 F.2d 1356, 1366 (5th Cir. 1978) to determine when interactions between the State's representative and defense counsel constitute protected "plea negotiations" under N.J.R.E. 410. This approach requires a trial judge to determine: (1) whether the accused exhibited an actual subjective expectation to negotiate a plea at the time of the discussion; and (2) whether the accused's expectation was reasonable given the totality of the objective circumstances. The State bears the burden of proof. Because this two-tiered approach requires a fact-sensitive analysis, the trial judge should conduct an N.J.R.E. 104 hearing to resolve any disputed facts.  A-3551-12T3 

4. Next Community & Charity Events

April 29  JSRC Lake Como 5k Romp 10am
   Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree    

April 30 Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century -   7:30 AM, $45.00 40 Mile 6 Towns of Franklin
  
May 6, 2017  Farmlands 62-mile bike- Central Jersey Bike Club Middletown
May 7, 2017 Highland Park 5k  Run in the Park    9am
May 14, 2017 Run the Hook   10am
5K/10K RACE TO KEEP OUR OCEANS WILD & POLLUTION FREE 
    Run The Hook is back at one of the Jersey Shore's most historic locations. With breathtaking views of both Atlantic Highlands and New York City, Run The Hook aims to offer athletes a unique environment to run (or walk) in and support of local charity, Clean Ocean Action. The 2nd annual event will once again feature 5K and 10K races for athletes of all abilities. The race provides the perfect opportunity for runners to kick off the summer at the beach while running through the natural beauty of one of American's finest National Parks. Last year's inaugural event sold out in advance. Sign up today!
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Like Us On: Facebook

Endorse Us On: Linkedin  
https://www.linkedin.com/in/kennethvercammen
Editor's Note and Disclaimer:
All materials Copyright 2017. 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