2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, March 15, 2017

NJ LAWS EMAIL NEWSLETTER E513
Kenneth Vercammen, Attorney at Law

March 8, 2017

Greetings!
In this issue:

1.  Twitter statement admissible in criminal trials. State v Hannah.
2. No obstruction for failure to provide DL for parking ticket.  State v Powers
3. Next Community & Charity Events

Recent Cases:
1.  Twitter statement admissible in criminal trials. State v Hannah.
      Defendant was charged with hitting the victim in the face with her shoe. At trial, the State introduced a screenshot taken by the victim of a "tweet" allegedly posted by defendant after the incident saying "shoe to ya face." Defendant argues that this Twitter posting was improperly admitted into evidence, citing a Maryland case requiring that such social media postings must be subjected to a greater level of authentication. The Appellate Division rejects that contention, holding that New Jersey's current standards for authentication are adequate to evaluate social media postings. Under those standards, it was not an abuse of discretion to admit the tweet based on the presence of defendant's photo and Twitter handle, its content containing information specific to the parties involved, and its nature as a reply to the victim's communications. A-5741-14T3 
2. No obstruction for failure to provide DL for parking ticket.  State v Powers.
      Defendant was convicted after a trial in municipal court, and again on appeal to the Law Division, of obstruction based on both physical interference and an "independently unlawful act." N.J.S.A. 2C: 29-1(a). The court remanded for findings that might illuminate the judge's conclusory determination that defendant physically interfered with a state trooper in the issuance of a parking ticket at a highway rest stop. 
       The court, however, also held that defendant, in these circumstances, could not be convicted of obstruction by means of "an independently unlawful act" that was based solely on N.J.S.A. 39:4-57, which provides that "[drivers of vehicles . . . shall at all times comply with any direction . . . of a member of a police department" when the officer is in the course of "enforcing a provision of this chapter." Defendant was outside his vehicle and, therefore not a driver, and the trooper was not enforcing Chapter 39 because he was only issuing a parking ticket. A-3764-14T2 
3. Next Community & Charity Events
March 16, 2017  Sayreville Senior Center Wills, Estate Planning & Probate Seminar  free open to the public

Friday, March 17 at 7 PM
March 18 Highlands Saint Patrick's Day Parade    
March 19, 2017 St. Paddy's 8k now [approx. 5 miles]    9:30 Freehold beer and hot dogs   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/591752044343192/

March 19   Elks Citizen of the Year Awards Dinner 
Elks Citizen of the Year Awards dinner will be held at East Brunswick Elks Lodge on March 19 from 1 to 5, the cost is $20 per person
    Kenneth Vercammen is the Edison Citizen of the Year. You do not need to be an Elk member to attend.
    Madelyn Lenox PVP wrote: I would like to congratulate Ken Vercammen our Justice who has been chosen as our lodge's Citizen of the Year. Ken runs races for different charities. He donates to our local food banks. He shares his knowledge of the Law at seminars for free.   He will be given the award at the District Dinner, which will be held on Sunday, March 19 at the East Brunswick Lodge. The cost of the ticket is $20.00. If you are interested in attending please contact Madelyn Lenox PVP at 732-572-2251. 
   Location: East Brunswick Elks 21 Oakmont Ave, East Brunswick, NJ 08816
March 19 South Amboy Parade Sunday  http://www.southamboyparade.com/ 
March 20, 2017 Municipal Court College  5:30-9 Law Center
            
March 23, 2017 Piscataway Library Kennedy Branch Willsat 7pm
3/25/17   Jersey Shore Kilt Run/Walk (Lake Como)  11am
   Great event by JerseyRunner.com & Gio Dr. T-shirt 800-435-0066 
Saturday, March 25   Keyport Saint Patrick's Day Parade   at 1:00 PM. https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/ 
March 25  Edison Elks Installation 
- take digital photos to send to Media- 
Sunday, March 26 at 1:30 PM

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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

E512 1. Recent Cases: 1. Driver with prior school zone DWI sentenced as 2nd Offender. 2. Town outside surveillance camera not subject to OPRA but maybe subject to common law. 3. Next community & charity events. We are always support our community.

E512
1. Recent Cases: 1. Driver with prior school zone DWI sentenced as 2nd Offender.  
2. Town outside surveillance camera not subject to OPRA but maybe subject to common law.
3. Next community & charity events. We are always support our community. St. Patricks Month

 E512
Recent cases: 
1. Driver with prior school zone DWI sentenced as 2nd Offender. State v. Wheatley  (App. Div. 2016)  

    Distinguishing State v. Reiner, 180 N.J. 307 (2004), the court held that a defendant who was previously convicted of driving while intoxicated (DWI) in a school zone in violation of N.J.S.A. 39:4-50(g) is subject to the increased penalties applicable to second offenders under N.J.S.A. 39:4-50(a)(2) when he was subsequently convicted of a conventional DWI in violation of N.J.S.A. 39:4-50(a). A-5026-14T1

2. Town outside surveillance camera not subject to OPRA but maybe subject to common law.  Gilleran v. Township of Bloomfield  (2016)

   Compelling release on demand of security surveillance video would be contrary to the legislative intent motivating OPRA's exemptions based on security concerns. The Township's explanation for denying the request for the footage was adequate. Requests for video from surveillance cameras protecting public facilities are better analyzed under the common law right of access. The Court therefore reverses the judgment of the Appellate Division and remands the matter for further proceedings based on the unresolved common law claim. A-15-15

3. Next community & charity events. We are always support our community.

February 22  Anniversary of the Miracle on Ice, the greatest moment of 1980  Watch Final Minute of the "Miracle on Ice"

[Feb 28  Edison Wills seminar changed to South Brunswick Library  March 6]

March is St. Patrick's month!
Ken V is King of the Irish
March 1 Ash Wednesday
March 1, 2017   Retired Police Review of the Major Municipal Court Cases 2015-2017 12 noon, followed by monthly meeting of Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA At South Amboy Ancient Order of Hibernians, Middlesex County Div #1  271 2nd St, South Amboy, NJ 08879
March 3  Emerald Society St. Patrick Social New Brunswick Elks 5pm $20
FB only

March 4 Edison Elks Italian night

March 5   Belmar St. Patrick Parade  (1st Sunday) 12:30

March 5, 2017 join JSRC at Belmar St Patrick's Day Parade [not a race] starts at 12:30 
The king of the New Jersey St. Patrick's Day parades ramps up for its annual edition. The parade starts in Lake Como, then heads north up Main Street through Belmar and it's a biggie with more than 5,500 marchers and 40 bands. Many of the Legends of Belmar will attend

March 6, 2017 South Brunswick Library Wills & Power of Attorney Seminar free open to the public
  
March 8, 2017 Old Bridge AARP Chapter 4854 NJ Estate Tax law program -AARP members only 

March 11 Chicago St. Patrick parade  The Chicago River is dyed green and Brendan Vercammen will attend with his Dental School friends

March 16, 2017  Sayreville Senior Center Wills, Estate Planning & Probate Seminar  free open to the public

March 19, 2017 St. Paddy's 8k now [approx 5 miles]    9:30 Freehold beer and hot dogs   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. FB

March 19   Elks Citizen of the Year Awards Dinner 
Elks Citizen of the Year Awards dinner will be held at East Brunswick Elks Lodge on March 19 from 1 to 5, the cost is $20 per person
    Kenneth Vercammen is the Edison Citizen of the Year. You do not need to be an Elk member to attend.
    Madelyn Lenox PVP wrote: I would like to congratulate Ken Vercammen our Justice who has been chosen as our lodge's Citizen of the Year. Ken runs races for different charities. He donates to our local food banks. He shares his knowledge of the Law at seminars for free.   He will be given the award at the District Dinner, which will be held on Sunday, March 19 at the East Brunswick Lodge. The cost of the ticket is $20.00. If you are interested in attending please contact Madelyn Lenox PVP at 732-572-2251. 
   Location: East Brunswick Elks 21 Oakmont Ave, East Brunswick, NJ 08816
       Each Elks Lodge is encouraged to select a citizen, not necessarily an Elk, who has contributed in a special way to improving the local community. This individual should be someone who has shown leadership in the community; has contributed voluntary service and is recognized as being an all-around good citizen. Recognizing such a person show that the Elks are concerned with building a good community, and demonstrates "Elks Care - Elks Share." After the selection, the Elks honor him or her by presenting the award at a dinner sponsored by the Lodge.
Reasons to join the local Elks clubs
The Elks have been synonymous with charity and community for over 100 years.  They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged.  In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, and college scholarship and drug education and prevention programs.
I have enjoyed my Community Elks membership in the Edison Elks for 25 years. 

ELKS - MY TOP 15 FUN EVENTS
  BY Kenneth Vercammen

1.Wildwood Convention
2.Lobster Night
3.St. Patty's Corned Beef Dinner
4.Good Friday Fish Dinner
5.Officers Installation & Dinner
6.Easter Egg Hunt for Children
7. Friendship at hundreds of clubs on the USA
8.Swim Club opening for Elks Edison Pool
9.Family Pool Day
10.Beef & Brew
11.Family Pool Night
12.Nascar Night
13.Soccer Shoot out for Children
14.Halloween Party for Children
15.Ladies Auxiliary Christmas Party
16.Christmas Party for Children
The Elks are a nationwide fraternal organization of well over a million American citizens.  We love our country and desire to preserve its cherished institutions, traditions and values.  We respect our neighbors and constantly seek to promote their well being.  We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.

 The Elks expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year.  We fund scholarships, athletic teams, summer camps, scouting, and drug education programs.  We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.
In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs.  This does not take into consideration donated hours equivalent to over thirty-five million dollars.
In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found.  In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
The Edison Hall is available for rentals. Call  732) 985-2487
KENNETH VERCAMMEN
     To be eligible for membership in the Benevolent and Protective Order of Elks, you must be a citizen of the United States over the age of 21 who believes in God. You must be sponsored by a member of the Elks Lodge and reside in the jurisdiction of the Lodge you wish to join.


You can be sponsored by any member in good standing from any lodge in the country. You'll also need two other Elks who will be your references. The Elk who proposes you for membership will provide you with a copy of the Membership Application, or will email you a link to the online version of the form. Please follow all instructions and answer all questions. If applying via hard copy, please return your completed application to the Lodge Secretary.
      Your application will be read at a regular Lodge meeting. It will then be forwarded to the Investigating Committee, who will call you and set up a time for you and your sponsor to meet with the committee so that they can interview you.
        After the interview is concluded, the committee will report to the Lodge concerning your membership. The members will be given a notice not less than 10 days nor more than two months before the vote will be taken.
       When the vote is concluded, you will be notified and asked to present yourself and your spouse for indoctrination. During indoctrination, you will learn more about the Order's programs and charities. You will also be told during the program the date you will be initiated.
      After initiation as an Elk, you can take part in all meetings and social functions of the Lodge.
    Local lodges are everywhere and can be found using our online directory to locate a Lodge near you. https://www.elks.org

   Great event by JerseyRunner.com & Gio Dr. T-shirt





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












Thursday, February 09, 2017

E511 1. Recent Cases NJ Supreme Court makes "plain view" car searches easier. State v. Gonzales __ NJ __ (2016) 2. Protective Search on House Not Permitted Where No Evidence Another Person Present. 3. Valentine's Day February 14. 4. Passage of Termination of Child Support Law Starting February 1st 5. Next Community & Charity events. We Support OUR Community.

E511
1. Recent Cases NJ Supreme Court makes "plain view" car searches easier.  State v. Gonzales __ NJ __ (2016)
2. Protective Search on House Not Permitted Where No Evidence Another Person Present.
3. Valentine's Day February 14.
4. Passage of Termination of Child Support Law Starting February 1st
5.  Next Community & Charity events. We Support OUR Community.
1. Recent Cases NJ Supreme Court makes “plain view” car searches easier
State v. Gonzales __ NJ __ (2016)
    The Court now excises the inadvertence requirement from the plain-view doctrine. Because it is setting forth a new rule of law, the Court will apply the reformulated plain-view doctrine prospectively. Nevertheless, the Court holds that the trial court’s finding of inadvertence is supported by credible evidence in the record. The Court therefore reverses the judgment of the Appellate Division and reinstates the trial court’s denial of the motion to suppress.  A-5-15

2. Protective search on house not permitted where no evidence another person present. State v. Bryant __ NJ __ (2016)
   The officers here lacked reasonable and articulable suspicion that another party was present; much less that another party posed a danger to officer safety. The protective sweep was thus insufficient to establish an exception to the warrant requirement, and any evidence found as a result of that sweep—even if it was found in plain view—must be excluded and suppressed as fruit of the poisonous tree. A-2-15

3. Valentine’s Day February 14. Thomas Begley Esq wrote for Valentine's Day, we remind you to protect your loved ones by planning for the future.   Estate and financial planning will ensure that your health care and financial goals are met if you should become incapacitated or after you pass away.  It will provide peace of mind to you and your family.    
  
Regardless of your net worth, if you are over eighteen,  it's important to have a basic estate plan in place. A basic estate plan should include a Will, a Power of Attorney, and an advance directive  (Living Will with health care proxy).  Estate planning may also include trusts which enable you to put conditions on how and when your assets will be distributed upon your death. To learn more about estate planning, please read  www.njlaws.com/wills.html

4. Passage of Termination of Child Support Law starting February 1* 
   This new child support law establishes 19 as the age when a child support and/or medical support obligation will end. The new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in high school; attending full-time college, vocational or graduate school; is disabled; if the parties reached a separate agreement; or, if continued support was granted by the court. The effective date of the law is February 1, 2017, and applies to all child support orders.
Families with a child age 22 3 /4 or older as of February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on May 1, 2017 (and not the child's 19th birthday) as the new law is phased in. Families with a child between the ages of 22 1/2 and 22 3/4 on February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not the child's 19th birthday) as the new law is phased in.
Families with a child between the ages of 18 1/2 and 22 1/2 as of February 1, 2017, will be mailed a Notice of Proposed Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not necessarily the child's 19th birthday) as the new law is phased in. This Notice will contain information on how to request a continuation of child support as well as how the amount of child support may change.
If your Judgment of Divorce (JOD) or support order specifies a termination date other than the dependent's 19th birthday, that date will stand and you will not be permitted to request an administrative continuation of support. However, you still may receive a termination notice and be asked to send in a copy of the JOD or order containing the termination date.
If you have a dependent turning 19 after August 1, 2017, you will receive a Notice of Proposed Child Support Obligation Termination 180 days before your child's 19th birthday.
If there is no response to the first notice, a second Notice of Proposed Child Support Obligation Termination will be sent out 90 days before the dependent's 19th birthday. If no continuation is granted after the second notice, the order of support will end as of the child's 19th birthday. Both parties will receive an updated order reflecting this change.
If back child support is owed when the child support terminates, the non-custodial parent still is responsible for paying that off and the order will still be enforced for the arrears.
If you receive an updated order for continued support and wish to oppose it, you may file an application or motion with the court. If there are younger children on the order in addition to the 19-year-old (or older) child(ren), parents may file an application or motion with the court to adjust the child support amount.
In order to ensure that all notices and informational updates are received, please confirm that the Child Support Program has your most current mailing address, cell phone number and email address.

5. Next community & charity events. We are always.

   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
     COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Edison Food Bank. Please email us if you plan on attending Discharge Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
  Attorneys- If space exists you can attend if you want to learn more about expungements

Feb 11 Friends of  Cynthia & Kenneth Vercammen are invited to Cynthia's 60th Birthday get together  Saturday February 11, 2017
Ken V will bring sandwiches and snacks
Edison Elks Lodge
Old Post Road
Edison NJ 08817-4653
  No children permitted by state law since alcohol served.
No gifts please. Ok to bring something for the summer Tiki Bar!

Edison Library
New NJ Estate Tax Law, Wills, & Estate Seminar
two dates:
February 13 at 7pm 
Clara Barton Library 141 Hoover Ave, Edison, NJ 08837 (732) 738-0096

February 28 Edison Library Main Branch 340 Plainfield Ave. Edison, NJ 08817 
  

February 22  Anniversary of the Miracle on Ice, the greatest moment of 1980  Watch Final Minute of the "Miracle on Ice"


March 1 Ash Wednesday