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.

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.

Wednesday, September 24, 2014

E451 1. New Law establishes limits and enumerates certain factors concerning modification and termination of alimony; establishes "open durational" alimony 2. New Law requires certain police vehicles to be equipped with cameras A-2280/S-1305 3. Next community events 4. HELP WANTED- Clerk for Law Office- envelope stuffing, misc. clerk duties Oct 1- Nov 30

NJ LAWS EMAIL NEWSLETTER E451
Kenneth Vercammen, Attorney at Law
In this issue:
1.   New Law establishes limits and enumerates certain factors concerning modification and termination of alimony; establishes "open durational" alimony
2.  New Law requires certain police vehicles to be equipped with cameras  A-2280/S-1305 
3.   Next community events 
4.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30

1. New Law establishes limits and enumerates certain factors concerning modification and termination of alimony; establishes "open durational" alimony

        The governor signed Senate Bill Nos. 488 this week. This law amends N.J.S.2A:34-23 to modify the types of alimony that may be awarded, establish durational limits for alimony awards, and to enumerate certain factors concerning modification and termination of alimony.
       The law provides specific grounds for modification and termination when the obligor retires, loses a job or otherwise has a reduction in income, or when the obligee cohabits with another person.  The law also eliminates the phrase "permanent alimony" from the statutes and establishes the term "open durational alimony."
       The law modifies the factors to be considered by the court in determining an alimony award by clarifying that when considering the standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, neither party shall have a greater entitlement to that standard of living than the other.  In addition to the factors set forth in the current statute, the court shall consider the nature, amount, and length of pendente lite support paid, if any.
TYPES OF ALIMONY AND DURATIONAL LIMITS
      Under the old law, the court could award the following types of alimony: permanent, limited duration, rehabilitative, and reimbursement.   
      The law amends the statute to eliminate the requirement that the court must first determine that an award of permanent alimony is not warranted prior to awarding limited duration and other types of alimony.
      The durational limits established by the law provide that for any marriage or civil union less than 20 years in duration, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union.  The law clarifies that a determination of the length and amount of alimony is to be made by the court pursuant to consideration of all of the statutory factors set forth in subsection b. of section 1 of the law , amending N.J.S.2A:34-23.  In addition, the court must consider the practical impact of the parties' need for separate residences and the attendant increase in living expenses on the ability of both parties to maintain a standard of living reasonably comparable to the standard of living established in the marriage or civil union, with neither party having a greater entitlement to that standard of living. 
      Exceptional circumstances which may warrant deviation from the durational limits include:
(1) The ages of the parties at the time of the marriage or civil union and at the time of the alimony award;
(2) The degree and duration of the dependency of one party on the other party during the marriage or civil union;
(3) Whether a spouse or partner has a chronic illness or unusual health circumstance;
(4) Whether a spouse or partner has given up a career or a career opportunity or otherwise supported the career of the other spouse or partner;
(5) Whether a spouse or partner has received a disproportionate share of the marital estate;
(6) The impact of the marriage or civil union on either party's ability to become self-supporting, including but not limited to either party's responsibility as primary caretaker of a child;
(7) Tax considerations of either party; and
(8) Any other factors or circumstances that the court deems equitable, relevant and material.
      RETIREMENT
      The law specifies that alimony may be modified or terminated upon the prospective or actual retirement of the obligor. 
Under the law , there shall be a rebuttable presumption that alimony shall terminate upon the obligor reaching full retirement age, except that any arrearages that have accrued prior to the termination date shall not be vacated or annulled.  "Full retirement age" is defined as the age at which a person is eligible to receive full retirement for full retirement benefits under section 216 of the federal Social Security Act (42 U.S.C. s.416).  The court may set a different alimony termination date for good cause based on specific findings of fact and conclusions of law. The rebuttable presumption may be overcome if the court determines that alimony should continue after consideration of the following factors:
(1) The ages of the parties at the time of the application for retirement;
(2) The ages of the parties at the time of the marriage or civil union and their ages at the time of the alimony award;
(3) The degree and duration of the economic dependency of the recipient upon the payor during the marriage or civil union;
(4) Whether the recipient has foregone or relinquished or otherwise sacrificed claims, rights or property in exchange for a more substantial or longer alimony award;
(5) The duration or amount of alimony already paid;
(6) The health of the parties at the time of the retirement application;
(7) Assets of the parties at the time of the retirement application;
(8) Whether the recipient has reached full retirement age as defined in the law ;
(9) Sources of income, both earned and unearned, of the parties;
(10) The ability of the recipient to have saved adequately for retirement; and
(11) Any other factors that the court may deem relevant.
      If the court determines that the presumption has been overcome, then the court would apply the alimony factors set forth in subsection b. of section 1 of the law in order to determine whether modification or termination of alimony is appropriate. If the obligor intends to retire but has not yet retired, the court would establish the conditions under which the modification or termination of alimony will be effective.
      If an obligor seeks to retire prior to reaching full retirement age, the obligor would have the burden of demonstrating, by a preponderance of the evidence, that the prospective or actual retirement is reasonable and made in good faith.  Both the obligor's application to the court and the obligee's response to the application shall be accompanied by current Case Information Statements or other relevant documents as required by the Rules of Court, as well as the Case Information Statements or other documents from the date of entry of the original alimony award and from the date of any subsequent modification.
      In determining whether the obligor demonstrated that the prospective or actual retirement is reasonable and made in good faith, the court shall consider the following factors:
(1) The age and health of the parties at the time of the application;
(2) The obligor's field of employment and the generally accepted age of retirement for those in that field;
(3) The age when the obligor becomes eligible for retirement at the obligor's place of employment, including mandatory retirement dates or the dates upon which continued employment would no longer increase retirement benefits;
(4) The obligor's motives in retiring, including any pressures to retire applied by the obligor's employer or incentive plans offered by the obligor's employer;
(5) The reasonable expectations of the parties regarding retirement during the marriage or civil union and at the time of the divorce or dissolution;
(6) The ability of the obligor to maintain support payments following retirement, including whether the obligor will continue to be employed part-time or work reduced hours;
(7) The obligee's level of financial independence and the financial impact of the retirement by the obligor upon the obligee; and
(8) Any other relevant factors affecting the obligor's decision to retire and the parties' respective financial positions.
      If the obligor intends to retire but has not yet retired, the court shall establish the conditions under which the modification or termination of alimony will be effective.
     
LOSS OF INCOME
      When an obligor who is not self-employed seeks modification of alimony, the court shall consider the following factors:
(1) The reasons for any loss of income;
(2) Under circumstances where there has been a loss of employment, the obligor's documented efforts to obtain replacement employment or to pursue an alternative occupation;
(3) Under circumstances where there has been a loss of employment, whether the obligor is making a good faith effort to find remunerative employment at any level and in any field;
(4) The income of the obligee; the obligee's circumstances; and the obligee's reasonable efforts to obtain employment in view of those circumstances and existing opportunities;
(5) The impact of the parties' health on their ability to obtain employment;
(6) Any severance compensation or award made in connection with any loss of employment;
(7) Any changes in the respective financial circumstances of the parties that have occurred since the date of the order from which modification is sought;
(8) The reasons for any change in either party's financial circumstances since the date of the order from which modification is sought, including, but not limited to, assessment of the extent to which either party's financial circumstances at the time of the application are attributable to enhanced earnings or financial benefits received from any source since the date of the order;
(9) Whether a temporary remedy should be fashioned to provide adjustment of the support award from which modification is sought, and the terms of any such adjustment, pending continuing employment investigations by the unemployed spouse or partner; and
(10) Any other factor the court deems relevant to fairly and equitably decide the application.
      If the changed circumstances arise from the loss of employment, the length of time a party has been involuntarily unemployed or has had an involuntary reduction in income shall not be the only factor considered by the court, but rather the court shall determine the application based upon all of the enumerated factors, however, no application shall be filed until a party has been unemployed, or has not been able to return to or attain employment at prior income levels, or both, for a period of 90 days.  The court shall have discretion to make any relief granted retroactive to the date of the loss of employment or reduction of income.
       When a self-employed party seeks modification of alimony because of an involuntary reduction in income since the date of the order from which modification is sought, then that party's application for relief must include an analysis that sets forth the economic and non-economic benefits the party receives from the business, and which compares these economic and non-economic benefits to those that were in existence at the time of the entry of the order.
    The court may establish a temporary remedy which may include: temporarily suspending or reducing support on terms established by the court; directing that support be paid in some amount from assets pending further proceedings; directing a periodic review; or entering any other order the court finds appropriate to assure fairness and equity to both parties.
COHABITATION
      Under the law , the court may suspend or terminate alimony if a payee cohabits with another person. Pursuant to the law , cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.
     When assessing whether cohabitation is occurring, the court shall consider the following:
(1) Intertwined finances such as joint bank accounts and other joint holdings or liabilities;
(2) Sharing or joint responsibility for living expenses;
(3) Recognition of the relationship in the couple's social and family circle;
(4) Living together, the frequency of contact, the duration of the relationship, and other indicia of a mutually supportive intimate personal relationship;
(5) Sharing household chores;
(6) Whether the recipient of alimony has received an enforceable promise of support from another person within the meaning of subsection h. of R.S.25:1-5 ("palimony"); and
(7) All other relevant evidence.
      In evaluating whether cohabitation is occurring and whether alimony should be suspended or terminated, the court shall also consider the length of the relationship.  A court may not find an absence of cohabitation solely on grounds that the couple does not live together on a full-time basis.

2. New Law requires certain police vehicles to be equipped with cameras  A-2280/S-1305 

          The law requires certain municipal police vehicles to be equipped with mobile video recording systems, and increases an existing surcharge on persons convicted of driving while intoxicated to provide funding for the municipal cost of equipping police vehicles with video systems.  Under the law, every new or used municipal police vehicle purchased, leased, or otherwise acquired on or after the law's effective date that is primarily used for traffic stops must be equipped with a mobile video recording system.
       The law defines a "mobile video recording system" as a device or system installed or used in a police vehicle or worn or otherwise used by an officer that electronically records visual images depicting activities that take place during a motor vehicle stop or other law enforcement action.
         The law increases, from $100 to $125, the current surcharge imposed on persons convicted of driving while intoxicated. The law provides for the additional $25 surcharge to be payable to the State, county, or municipal entity that issued the summons, and stipulates that the increased amounts payable to municipalities from the surcharge must be used for the cost of equipping police vehicles with mobile video recording systems. 
  
3. Next community events 

Seminar: Top Recent Criminal and Traffic Cases in NJ, September 30 from 5:00PM-5:45PM, Tuesday, Co-Sponsor Local 9 Retired Police & Fire Middlesex & Monmouth Chapter
Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

10/4   Shillelagh 5K Bar A Lake Como, New Jersey 

10/4   Sayreville Hit the Bricks 5k 9:30

10/5   Jersey Shore Half Marathon & Lighthouse 5k   Sandy Hook 9am

10/6    North B Wills & Power of Attorney Seminar
           North Brunswick Chapter #3885 of AARP   1:30

 
10/8    NJSBA Open house

10/11  Race to Outrun Hunger Roosevelt Park

 
10/11  Metuchen Fair

10/12  East Brunswick 5k & 10k 1pm RVRR well run event www.ebrr.org, post race we go to Lori's  Lakeside on Farrington Lake, North Brunswick


4. HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30

Monday-Friday
2-3 hours per day Monday- Friday     start 8:55

$8.50 per hour
OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
- Preparation of documents on Computer and mail to courts
-Telephone Answering

-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on personal injury cases
Must be dependable and committed to perfection.
Call Law Office of Kenneth Vercammen & Associates
732-572-0500

         Check out our website at www.njlaws.com to see more information on our law office.

E450 1. Fly the Flag on 9/11 2. Termination of Child Support after High School Graduation and Upon Emancipation. 3. Recent cases: Driving While Suspended Conviction Upheld Although DWI Conviction Vacated. 4. Court Says Ban on Fake Government Documents Not Unconstitutional. 5. Seminar: Top Recent Criminal and Traffic Cases in NJ September 30 from 5:00PM-5:45PM Tuesday 6. Fun Upcoming Running Races & Charity events

NJ LAWS EMAIL NEWSLETTER E450
Kenneth Vercammen, Attorney at Law
E450
1.   Fly the Flag on 9/11
2.   Termination of Child Support after High School Graduation and Upon Emancipation.
3.   Recent cases: Driving While Suspended Conviction Upheld Although DWI Conviction Vacated.
4.   Court Says Ban on Fake Government Documents Not Unconstitutional.
5.   Seminar: Top Recent Criminal and Traffic Cases in NJ September 30 from 5:00PM-5:45PM  Tuesday
6.   Fun Upcoming Running Races & Charity events

1. Fly the Flag on 9/11
       Get your Flag Ready! Please join us in this FLY THE FLAG campaign and PLEASE forward this Email to everyone in your address book asking them to also forward it.  If you forward this email to at least 11 people and each of those people does the same, you get the idea.
       On September 11th, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on the anniversary of one of our country's worst tragedies.
       Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
      Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
      Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.

2. Termination of Child Support after High School Graduation and Upon Emancipation.

      Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for the payor to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation.
      For example, the term "emancipation" is sometimes defined as follows:
1. The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated.

2. Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control.
3. The marriage of the child.
4. Entry into the military or armed forces by the child.
 
       Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc.
      Sometimes the child support recipient, usually the mother, will sign a Consent Order, which your attorney can file without the need for a lengthy Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.

       The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school

3.  Recent cases: Driving While Suspended Conviction Upheld Although DWI Conviction Vacated. State v. Sylvester __ N.J. Super. __ (App. Div. 2014) A-5192-12T4
N.J.S.A. 2C:40-26b makes it a fourth degree offense to drive while one's license is suspended or revoked for a second or subsequent conviction for driving a car while under the influence of alcohol (DWI). In a bench trial before the Law Division on this charge, defendant argued that her second DWI conviction had been voided ab initio by the municipal court when it granted her PCR petition two months after she was indicted for one count of violating N.J.S.A. 2C:40-26b. Thus, defendant argues the State cannot rely on this vacated second DWI conviction to meet its burden of proof under N.J.S.A. 2C:40-26b. The trial court rejected this argument. The court affirmed.
It is undisputed that at the time defendant committed this offense, she was aware her driver's license had been revoked by a presumptively valid second conviction for DWI. The court relied on State v. Gandhi, 201 N.J. 161, 190 (2010) to hold that a second DWI conviction vacated through PCR granted by a court after a defendant engages in conduct prohibited in N.J.S.A. 2C:40-26b, cannot be applied retroactively to bar a conviction under this statute.
06/17/14

4. Court Says Ban on Fake Government Documents Not Unconstitutional. State v. Borjas 436 N.J. Super. 375 (App. Div. 2014) (A-6292-11T2)
    Defendant was found guilty by a jury of three counts of knowingly making false government documents, second-degree offenses proscribed by N.J.S.A. 2C:21-2.1(b), and four counts of knowingly possessing false government documents, fourth-degree offenses proscribed by N.J.S.A. 2C:21-2.1(d). The incriminating items were created or stored in hard drives on computers at defendant's residence. The items were discovered by law enforcement officers pursuant to a search warrant, although the officers found no printouts of the false items.
    The court rejected defendant's argument that subsections (b) and (d) of  N.J.S.A.    2C:21-2.1 are unconstitutionally overbroad because they allegedly infringe too much upon protected forms of expression. In doing so, the court does not foreclose a future "as-applied" challenge to the statute by an artist, student, or other person who, unlike the present defendant, makes or stores false images for benign reasons involving constitutionally protected speech.
    Additionally, the court rejects defendant's argument that the statute is void for vagueness because it lacks an express element requiring the State to prove a defendant's specific intent to use the false items for illicit purposes. The court also rejects defendant's criticisms of the trial judge's jury instruction defining the term "document" under the statute to encompass items or images stored on a computer. The instruction is consistent with the broader meaning associated with the term "document" in common modern usage.

5.  Seminar: Top Recent Criminal and Traffic Cases in NJ, September 30 from 5:00PM-5:45PM, Tuesday, Co-Sponsor Local 9 Retired Police & Fire Middlesex & Monmouth Chapter

   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. James Food Bank located on Woodbridge Avenue in Edison, NJ. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
Past President Middlesex Municipal Court Prosecutors
Contributing writer for the NJ Police Chief Magazine.
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Past Special Counsel by the Office of the Attorney General to represent the NJ Motor Vehicle Commission in Fatal accident cases
Author- Criminal Law Forms by the American Bar Association
    To attend email VercammenLaw@Njlaws.com
        Can't attend?  We can email you materials
Send email to: VercammenLaw@Njlaws.com
    Ken Vercammen served as the Prosecutor for Cranbury Township, Middlesex County from 1991-1999. He created the NJ Municipal Court Law Review newsletter to provide police officers and individuals involved in the criminal justice system with recent criminal and traffic cases. 
    Police and Courts find helpful information on new cases involving issues of traffic law and search and seizure. Individuals appearing in the Municipal Court and Criminal Courts may want to receive quarterly updates on cases, selected revised motor vehicle laws, and information on Municipal Court practice.  If your department wants a subscription, the annual cost is only $20.00 to receive by both first class mail and email.
https://www.facebook.com/events/350928158399644/

6. Fun Upcoming Running Races & Charity events Selected by Kenneth Vercammen
   If you are attending any of these charity races, please call or email Ken V.Kenv@njaws.com Often we car pool or meet at these events. I update this list athttp://vercammensport.blogspot.com/
9/12         Edison Elks Caribbean night
9/13         Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
9/13         Edison  Festival Amboy Ave.
9/14         JSRC Picnic at Monmouth Park Racetrack
9/19        Dinner event PASSPORT AROUND THE WORLD  FOR ZACHARY NEMETH (Child with Multiple Disabilities) FRIDAY, SEPTEMBER 19, 2014 7:00PM East Brunswick Elks 2370 21-B Oakmont Avenue, East Brunswick, New Jersey.
Price: $15.00 per person
Children Ages 4 to 10  $6.00 per person
RESERVATIONS A MUST: E-mail JAN LOCKLEAR at: JL0cklear@aol.com (Please note 0 is numeral in L0cklear)
        No need  to indicate choice of food as this is a buffet.
9/20      Metuchen-Edison Y 5k 8:30 Garbolino 5k run at Roosevelt Park
9/21      Raritan Center 5k 9am
10/16    North B Wills & Power of Attorney Seminar
 North Brunswick Chapter #3885 of AARP   1:30
10/8       NJSBA Open house
10/11     Race to Outrun Hunger Roosevelt Park
10/11     Metuchen Fair

E449 1. Kenneth Vercammen has been Certified by the Supreme Court of New Jersey as a Municipal Court Trial Attorney. 2. Supreme Court tells Police "Need a Warrant" for Phone Searches. Riley v. California. 3. DWI statute and Alcotest not unconstitutional. State v. Campbell 436 N.J. Super. 264 (App. Div. 2014) 4. Son civilly liable for undue influence over mother. 5. Next Community Events- Ken V set to take the Ice Bucket Challenge August 26

NJ LAWS EMAIL NEWSLETTER E449
Kenneth Vercammen, Attorney at Law
In this issue:

1.  Kenneth Vercammen has been Certified by the Supreme Court of New Jersey as a Municipal Court Trial Attorney. 
2.  Supreme Court tells Police "Need a Warrant" for Phone Searches. Riley v. California.
3.   DWI statute and Alcotest not unconstitutional. State v. Campbell 436 N.J. Super. 264 (App. Div. 2014) 
4.    
Son civilly liable for undue influence over mother.  
5.   Next Community Events- Ken V set to take the Ice Bucket Challenge  August 26 

1. Kenneth Vercammen has been 
Certified by the Supreme Court of New Jersey as a Municipal Court Trial Attorney. Effective August, 2014.  He is part of the first group of attorneys  achieving this distinction. Fewer than one percent of the attorneys practicing in the State of New Jersey are Certified by the Supreme Court.

402:3  Effect of Certification.  Certification or the absence thereof shall not in any way limit the right of an attorney to practice law in that designated area.a. A certified civil trial attorney may use the designation "Certified by the Supreme Court of New Jersey as a Civil Trial Attorney b. A certified criminal trial attorney may use the designation "Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney c.  A certified matrimonial attorney may use the designation "Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney d.  A certified workers' compensation attorney may use the designation "Certified by the Supreme Court of New Jersey as a Workers' Compensation Law Attorney e. A certified municipal court law attorney may use the designation "Certified by the Supreme Court of New Jersey as a Municipal Court Trial Attorney.
An attorney so certified may use the above referenced designations in any dignified manner that complies with the Rules of Professional Conduct of the Supreme Court.  An attorney so certified may not use any other combination of words to describe the certification.
402:4  Use of Approved Logo.  A certified attorney may use a logo approved by the Supreme Court on his or her letterhead, business cards, and in advertising as long as the logo is not used in a way that would mislead the public in respect of any non-certified attorneys who practice with the certified attorney.

402:6  Division of Fees.
  A certified attorney who receives a case referral from a lawyer who is not a partner in or an associate of that attorney's law firm or law office may divide a fee for legal services with the referring attorney.  The fee division may be made without regard to services performed or responsibility assumed by the referring attorney, provided that the total fee charged the client relates only to the matter referred and does not exceed reasonable compensation for the legal services rendered therein.  Pursuant to Rule 1:39-6(d), referral fees shall not be made by certified attorneys in matrimonial matters.

2. 
Supreme Court tells Police "Need a Warrant" for Phone Searches. Riley v. California 134 S. Ct. 999 (2014)
 
    The police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.

3. DWI statute and Alcotest not unconstitutional. State v. Campbell 436 N.J. Super. 264 (App. Div. 2014)

        Defendant appeals his conviction of drunk driving ("DWI") and the trial court's denial of declaratory relief on his claim of unconstitutionality.
     Defendant's prosecution was based upon an Alcotest reading of his blood alcohol content ("BAC") above the per se level of .08 prohibited by N.J.S.A. 39:4-50(a). He argues that case law authorizing the admission of Alcotest BAC results when the prerequisites for such admissibility are shown by "clear-and-convincing" proof, coupled with the statute's conclusively incriminating treatment of a BAC at or above .08, improperly combine to relieve the State of its constitutional burden of proving a driver's guilt by the more rigorous standard of proof "beyond a reasonable doubt."
      The Court rejects defendant's claim of unconstitutionality. The argument fails to distinguish the State's threshold burden of establishing the Alcotest's evidential admissibility from the State's ultimate burden at trail of establishing defendant's guilt of a per se offense beyond a reasonable doubt. Even if a pretrial motion to suppress the BAC results has been denied, a defendant can still present competing evidence or arguments at trial to persuade the court that the testing procedures were flawed and that his guilt has not been proven by the more stringent reasonable doubt standard.
4. Son civilly liable for undue influence over mother 
      
          A federal judge found a New Jersey lawyer civilly liable for exerting undue influence on his mother and another relative in order to siphon off their savings for his personal use. John Sogliuzzo, of West Orange, was sued by his sister, Jane Adkins, over his handling of the finances of their mother, Jane Sogliuzzo, and her cousin, Mary Grimley, which he allegedly took over when they were in their 80s and in declining health. Source: New Jersey State Bar Association
dailybriefing@njsba-njldailybriefing.com
http://www.njlawjournal.com/id=1202649964750/NJ-Lawyer-Misused-Finances-of--Elderly-Women-US-Judge-Finds?slreturn=20140721225622


5.  Fun Upcoming Running Races & Charity events Selected by Kenneth Vercammen
If you are attending any of these charity races, please call or email Ken V.
Kenv@njaws.com Often we car pool or meet at these events. I update this list at
http://vercammensport.blogspot.com/

    Ice bucket challenge for ALS Tuesday, August 26 at 6pm at Deal Firehouse before Jersey Shore Runners Club meeting. Ken Vercammen and others to participate, challenged by Brian Borden. Pride of the Yankees II
9/1 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/6/14 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30    Co-Sponsor Wakefern Shoprite
9/7  Senior Olympics bike race Woodbridge  center
9/7 RVRR beach Day Belmar
9/11 every year   911 Memorial run Belmar 6pm Belmar  Boardwalk[not a race]
9/13    Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
Sept. 13 Edison  Festival Amboy Ave.
9/14    JSRC Picnic at Monmouth Park Racetrack
9/20/14        Metuchen-Edison Y 5k 8:30 Garbolino 5k run at Roosevelt Park
Oct 6  North B Wills & Power of Attorney Seminar
 North Brunswick Chapter #3885 of AARP   1:30
Oct.  8  NJSBA Open house
Oct.  11     Race to Outrun Hunger Roosevelt Park
Oct.  11     Metuchen Fair

E448 1. New ABA Book: "Smart Marketing For the Small Firm Lawyer" from the American Bar Association 2. Recent cases: Prior DWI counts for enhanced refusal. State v. Frye 3. New law No insurance Law 39:6 B:2 amended to provide discretion for no DL suspension 4. New YouTube Videos 5. Next Community Events- email Ken V if attending

NJ LAWS EMAIL NEWSLETTER E448
Kenneth Vercammen, Attorney at Law

In this issue:
1. New ABA Book: "Smart Marketing For the Small Firm Lawyer" from the American Bar Association
2. Recent cases: Prior DWI counts for enhanced refusal. State v. Frye
3. New law No insurance Law 39:6 B:2 amended to provide discretion for no DL suspension
4.  New YouTube Videos
5. Next Community Events- email Ken V if attending

1. New ABA Book: "Smart Marketing For the Small Firm Lawyer" from the American Bar Association
Author: Kenneth A Vercammen
Sponsor(s): Solo, Small Firm and General Practice Division
Publisher(s): ABA Book Publishing
Marketing is essential to the growth of any enterprise. There are many low-cost and no-cost opportunities that exist. This book explores today's marketing landscape and outlines its many facets for you in concise and easy to understand terms.

Additional Information
*Table of Contents: TOC Smart Marketing
*About the Author: Kenneth Vercammen
*Preface: Intro-Smart Marketing
*List Price: $59.95
*ABA Price: $45.95
ISBN: 978-1-62722-484-0
Product Code: 5150468 2014, 156 Pages, 7 x 10
Item Details:
    Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today's marketing landscape and outlines its many facets for you in concise and easy to understand terms. This book will cover: Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today's marketing landscape and outlines its many facets for you in concise and easy to understand terms. This book will cover: *Creating a blog for free *How to leverage a wide array of social networking sites (like Facebook, Martindale Hubble, Yelp, etc.) *Best practices for marketing within the law office *Low-cost and no-cost marketing activities *Tips to increase your efficiency and reach *And more! Included with this book is a helpful CD-ROM with digital copies of all the exhibits used in the book and the various websites that are referenced. Learn how to make the most the marketing opportunities that exist with Smart Marketing for the Small Firm Lawyer.
    Praise for Smart Marketing for the Small Firm Lawyer:
"Vercammen's new marketing book belongs in the tool box and library of every lawyer regardless of firm size. Ken not only tells the lawyer WHAT to do, he shows the lawyer HOW to do it."    
       -Jay Foonberg-Author of How to Start and Build a Law Practice, 5th Ed  Order details: http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214498
Service Hotline 800-285-2221   312-988-5000

 
2. Recent cases: Prior DWI counts for enhanced refusal. State v. Frye 217 NJ. 566 (2014) 
    The court reaffirms its holding in In re Bergwall, 85 N.J. 382 (1981). A prior DWI conviction may enhance the sentence for a subsequent refusal conviction under the refusal statute. N.J.S.A. 39:450.4a.
      
3. New law No insurance Law 39:6 B:2 amended to provide discretion for no DL suspension
    Under the prior law, a person who commits a first offense of driving without insurance is subject to a fine of between $300 and $1,000, a period of community service to be determined by the court, and loss of driver's license for one year from the date of conviction. Under this amended law, imposition of a driver's license suspension for such a first offense is to be within the discretion of the court, and the period of any such suspension could be from two months to one year from the date of conviction.
     The relevant portion of 39:6 b:2 reads: The court also shall suspend the person's right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing. 

 4. New YouTube videos:
     
5. Next Community events email Ken V if attending
Aug 8 Bar Anticipation Friday night free food
August 9, Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern cosponsor benefiting Boys & Girls Clubs of Mon. Cty.
8/10 Belmar 1-mile swim
8/11 Holme Band at D'Jais , Swim on 5th Ave Belmar prior to band https://www.facebook.com/HolmeNJ
8/16 Bradley Beach 5k co-Sponsor Wakefern 8:30
8/17 Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
8/17 Raritan Valley Road Runners RVRR beach day Long Branch https://www.facebook.com/events/484221305047369/

E447 1. Bar A Happy Hour Good Times 2. Penalties Increased for Cell Phone use in Car 3. Search no good where search away from location of search warrant.State v. Bivins 4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell 5. Next Community Events

NJ LAWS EMAIL NEWSLETTER E447
Kenneth Vercammen, Attorney at Law
In this issue:

1. Bar A Happy Hour Good Times  
2. Penalties Increased for Cell Phone use in Car
3. Search no good where search away from location of search warrant.State v. Bivins 
4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell
5. Next Community Events

  1. Bar A Happy Hour Good Times 
    We thank the 150 friends and professionals who attended our Happy Hour & Networking Social at Bar Anticipation
    We appreciate the many attendees that donated canned goods to the St. James Food Bank.
    We thank the co-sponsors the NJ State Bar Association Municipal Court Section, Solo & Small Firm Division, Criminal Law Section, Young Lawyers Division, Family Law Section, Entertainment Arts & Sports Law Section, Banking Law Section, Women in the Profession Section, Minorities in the Profession Section, LGBT Rights Section, Real Property Trust and Estate Law Section Government & Public Sector Lawyers Special Committee, Renewable Energy Cleantech & Climate Change Special Committee, School Law Committee and Insurance Defense Committee, Somerset County Bar Association and Monmouth Bar Association.
    My family and I had a great time catching up with old friends and meeting new ones. Special thanks to Bar Anticipation's manager Johnny B who helped organize the event for our attendees. Kenneth Vercammen, Esq. has been having social events and participating in Bar Anticipation activities for over 20 years. We appreciate the generosity of co-owners Reggie Hyde, Pat Mastroli, and Tom Jannarone, Esq. Additional thanks to photographer Tony DeGano who took photos. Many are posted on Facebook athttps://www.facebook.com/groups/352912918123420.
    We look forward to seeing you and all your friends at our future events. We hope to have a big St. Patricks Day Happy Hour on March 13, 2015 at Bar A.

2.  Penalties Increased for Cell Phone use in Car 
    Effective July 1, 2014, 39:4-97.3   imposes increased fines for first, second and subsequent offenses of talking on a hand-held wireless telephone or texting a message with a hand-held wireless electronic communication device while driving.  Specifically, A person who violates this section shall be fined  as follows:
     (1)   for a first offense, not less than $200 or more than $400;
     (2)   for a second offense, not less than $400 or more than $600; and
   (3) For a third or subsequent offense, not less than $600 or more than $800.      
3. Search no good where search away from location of search warrant. State v. Bivins 435 NJ Super. 519 (App. Div. 2014)
    In this appeal, the court considers whether the scope of the permissible area and persons to be searched, pursuant to a search warrant, extends to the location where defendant was found, seated in a vehicle, parked on the street, five or six houses away from the premises where a search warrant was being executed. The motion judge found there was probable cause to search defendant based upon the search warrant. The court reverses the holding pursuant to Bailey v. United States, the search and seizure was beyond the spatial limits of the search warrant.  

4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell 435 NJ Super. 351 (App. Div. 2014)
     Defendant pleaded guilty to the murder of her six-year-old son. She received a thirty-year sentence with a thirty-year MPI. She alleges her attorney was ineffective by failing to diligently pursue a diminished capacity defense and failing to adequately consult with her before urging her to plead guilty. The court reverses the trial court's denial of PCR and remand for an evidentiary hearing.
   The court directs the court to separately apply the four-factor test governing plea withdrawal motions under State v. Slater, 198 N.J. 145 (2009), and the two-prong test governing PCR petitions under Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). The court compares and contrasts the two standards. Both apply to defendant's application for relief. Although the standards sometimes overlap, they do not always lead to the same results. The court instructs the trial court not to conflate the two. The court also concludes that the court mistakenly set too high a threshold for satisfying the "colorable claim of innocence" factor under Slater.

5. Next Community Events
Aug 8- Bar Anticipation Friday night free food
August 9- Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty.
8/10- Belmar 1-mile swim
8/11- Holme Band at D'jais
8/16- Bradley Beach 5k co-Sponsor Wakefern 8:30
8/17- Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
8/17- RVRR beach day
8/23- Edison Elks British Invasion Night

E440 1. Parents with Children in College Should have a Power of Attorney Prepared so Parents can Legally Assist Their Over 18 Child. 2. Organ and Tissue Donation and Transplantation helpful information. 3. Failure by State Police to create and maintain a centralized statewide database not a violation of the 2008 Supreme Court ChunOrder. 4. Nuts & Bolts of Elder Law & Estate Administration Seminar 5. Next Charity Runs and Seminars


NJ LAWS EMAIL NEWSLETTER E440
Kenneth Vercammen, Attorney at Law

In this issue:
1. Parents with Children in College Should have a Power of Attorney Prepared so Parents can Legally Assist Their Over 18 Child.
2. Organ and Tissue Donation and Transplantation helpful information.
3. Failure by State Police to create and maintain a centralized statewide database not a violation of the 2008 Supreme Court ChunOrder. 
4. Nuts & Bolts of Elder Law & Estate Administration Seminar 
5.  Next Charity Runs and Seminars

1. Parents with Children in College Should have a Power of Attorney Prepared so Parents can Legally Assist Their Over 18 Child.
                                                                                                                     There are some good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made all decisions for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to make decisions.  We recommend a Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.

Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, such as grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are at an airport or overseas, you can be assured that you have the authority to help.
                                                                                                               Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.

         While you may never need to use these documents, it is better to be safe than sorry! . Do you have a child travelling or studying abroad?  Contact your attorney today for a Power of Attorney and Living Will.

2. Organ and Tissue Donation and Transplantation helpful information.
        
   What is National Donate Life Month? Originally a weeklong observance, it was officially recognized as a month-long event in 2003.  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

3. Failure by State Police to create and maintain a centralized statewide database not a violation of the 2008 Supreme CourtChun Order. 
State v Chun 215 NJ 489 (2013)   
         
          The Supreme Court on March 17, 2008 issued it's unanimous opinion addressing the challenges raised by defendants to the scientific reliability of the Alcotest 7110 MKIII-C (the Alcotest).
    
          The defendant drivers moved for an Order in Aid of Litigants' Rights, see R. 1:10-3, contending that the State has failed to comply with this Court's March 17, 2008, Order, principally by failing to create and maintain a centralized statewide database, and asserting more specifically that the database lacks integrity because it differs from the manner in which data was previously stored on and available on CD-ROM, is incomplete as to certain types of files and calibration cycles, is presented in a format different from the one noted in the report of the Special Master, and is subject to the third-party software developer's fee,
    
          The defendants requested that the NJ Supreme Court deem the State to have violated the March 17, 2008, Order and that The Supreme Court therefore direct the State to redesign the database to comply with defendants' understanding of the meaning and intent of this Court's March 17, 2008, Order, and that the Supreme Court further direct the State to ensure the integrity of the data in the database and order other relief.
    
          The Attorney General's office responded to the factual assertions concerning the integrity and operation of the centralized statewide database raised by defendants through the affidavits of Howard J. Baum, Ph.D., Director of the Office of Forensic Sciences (OFS), a Division of the New Jersey State Police, and of Ali M. Alaouie, Ph.D., an OFS research scientist charged with oversight and monitoring of Alcotest data downloads and database integrity.
    
          The Attorney General's office moved for it's own Order in Aid of Litigant's Rights seeking to modify the Court's March 17, 2008, Order and to authorize the State to continue to utilize the Alcotest with Firmware version 3.11, which was evaluated during the proceedings that led to The Supreme Court's March 17, 2008, Opinion and Order.
    
          The Attorney General's office requested that the State be relieved of further compliance with Paragraph 2 of this Court's Order of March 17, 2008, based on the State's representation that Firmware 3.13, which is the Alcotest software that was created in conjunction with Draeger Safety Diagnostics, Inc. (Draeger), the manufacturer and supplier of the Alcotest, in compliance with Paragraph 2 of The Supreme Court's March 17, 2008, Order, would effectively render the previously created database unusable and unworkable.
    
          The Attorney General's office represented to the Court that Draeger has advised that the Alcotest will no longer be serviceable after 2016 and that the State is now in the process of evaluating alternate breath testing devices for implementation.
    
          The defendant also moved for an Order in Aid of Litigants' Rights, see R. 1:10-3, contending that, absent compliance with Paragraph 2 of the Supreme Court's March 17, 2008, Order, which directed that the specified software changes be made "forthwith", the Alcotest is unsuitable for use in New Jersey, and should not be used.
     
          The defendants challenged the reliability of the Alcotest 7110 utilizing Firmware version 3.11 both in general and in particular through reiteration of and expansion upon arguments raised during the proceedings that led to this Court's March 17, 2008, Opinion, including defendant's challenge to the Firmware's utilization of the fuel cell drift algorithm and the absence of implementation of software to account for the demonstrated physiological differences that impede the ability of women over the age of sixty to provide a sufficient breath sample and that therefore raised the specter of inappropriate charges being brought against such women for refusal, see N.J.S.A. 39:4-50.4.
     The defendants requested that the Supreme Court declare that the Alcotest is not sufficiently scientifically reliable to be utilized in any prosecution for driving under the influence of alcohol. The defendants were denied most of the relief they sought.
         
          The Supreme Court concluded that the centralized statewide database was fully in compliance with this Court's Order of March 17, 2008, in all respects.
         
          The Supreme Court concluded that defendants have failed to demonstrate that the State has "willfully refused" to comply with The Supreme Court's March 17, 2008, Order, see Pasqua v. Council, 186 N.J. 127, 141 n.2 (2006), and that the State has demonstrated that in spite of its best efforts to do so, it does not have the ability to comply with Paragraph 2 of the Order, see Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J.366, 392 (1995), because of the unanticipated but unavoidable adverse impact of compliance that the implementation of Firmware version 3.13 would have upon the continued viability of the existing database.
    
          The Supreme Court concluded that the Alcotest 7110, utilizing Firmware version 3.11, remains scientifically reliable, and generates results that are admissible to prove a per se violation of the statutory prohibitions on driving while under the influence of alcohol, when those results are utilized in strict compliance with Paragraphs 1, 3, 4, 5, 6 and the associated worksheets attached to this Court's March 17, 2008, Order.
         
          The Supreme Court concluded that although Paragraph 1(A)(3) of the Supreme Court's March 17, 2008, Order directed that certain AIR results be inadmissible in prosecutions of women over the age of sixty for violations of the refusal statute, see N.J.S.A. 39:4-50.4a, a further remedy is now necessary to protect the equal protection rights of women falling into that category.

4. Nuts & Bolts of Elder Law & Estate Administration Seminar 
        Wed, May 7  5:00 PM - 9:00 PM New Jersey Law Center One Constitution Square New Brunswick, NJ 08901  Includes a 260-page book, plus CD with 500 pages of sample forms, documents & checklists! and dinner    
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
           Speakers:
KENNETH A. VERCAMMEN, ESQ. Chair, ABA Elder Law 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.
$160.00 General Tuition, reduced fee for NJSBA Elder and Disability Law Section and NJSBA Young Lawyers Division (Free for Superior Court Judges) Seminar #S57800S4

5.  Next Charity Runs and Seminars
April 26, 2014 Runapoloza Jersey Shore  relay and The Asbury Park Half Marathon and the Jersey Shore 5K Saturday, 8:30 Ocean Avenue, Asbury Park, NJ

4/27/14 Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century 7:30 AM, $45.00 40 Mile 6 Towns of Franklin

http://www.franklinfoodbank.org/events/registra_tour.htm
 4/29/14 7:00 pm JSRC Meeting Bar A Lake Como
5/3/14 Hugs for Brady 5k South Brunswick 6pm