2053 Woodbridge Avenue - Edison, NJ 08817

Monday, January 22, 2018

E533 1. 2018 update Wills and Estate Planning- Free Seminar Jan. 11th 2. Veterans are eligible for a $3,000 exemption on your Income Tax 3. Fun Upcoming Running Races & Charity Events 4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. 5. Strip search after marijuana arrest not permitted.

E533

In this Issue:
1.  2018 update Wills and Estate Planning- Free Seminar
Jan. 11th
2.  Veterans are eligible for a $3,000 exemption on your Income Tax
3.  Fun Upcoming Running Races & Charity Events 
4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct.
5. Strip search after marijuana arrest not permitted.

1. 2018 update Wills and Estate Planning- Free Seminar
January 11 Thursday
12:15-1:00 PM and again 5:00-5:15pm 
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. Free sandwiches for past and current clients from Craig's Deli.
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 or if you would like us to email the materials.
 
SPEAKER: Kenneth Vercammen, Esq.                 
(Author- ABA Wills and Estate Administration book)
1. NJ Estate Tax eliminated on Estates under $5,400,000 as of January 1, 2018 & NJ Veterans Tax credit
2. NJ Inheritance Tax stays if assets are going to persons other than spouse or children
3. Federal Estate Tax exemption increased to over $5.49 million in 2018 but gifts limited to $14,000 per person
4. Set up a testamentary trust in your Will for Protection for spouses and leaving assets to children:
5. We recommend Self- Proving Wills since witnesses often move or pass away
6. The New Probate law NJ
7. NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees
8. Power of Attorney- Do not use a form purchased online. 
9. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared
10. Competency required to sign a Will or Power of Attorney
      COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.   
Co-Sponsor: Middlesex County Estate Planning Council
To attend email: VercammenLaw@Njlaws.com
other Information call 732-572-0500
Can't attend?  We can email you materials after Jan 12
Send email to: VercammenLaw@Njlaws.com
 
2. Veterans are eligible for a $3,000 exemption on your Income Tax.
 
    If Veterans are a military veteran who was honorably discharged or released under honorable circumstances from active duty in the Armed Forces of the United States by the last day of the tax year they are are eligible for a $3,000 exemption on your Income Tax. Your spouse (or civil union partner) is also eligible for an exemption if he/she is a veteran who was honorably discharged or released under honorable circumstances and Veterans are filing a joint return.
This exemption is in addition to any other exemptions Veterans are entitled to claim and is available on both the resident and nonresident returns. Veterans cannot claim this exemption for a domestic partner or for your dependents. 
Providing Documentation
     You must provide a copy of Form DD-214, Certificate of Release or Discharge from Active Duty, the first time Veterans claim the exemption. This form does not need to be provided each year. The United States National Archives and Records Administration can assist with obtaining a copy of your DD-214.
You can certify for the exemption by sending a copy of your DD-214 and Veteran Exemption Submission Form to the Division before Veterans file, which may help process your return faster. To certify:
  • Use the NJ secure document upload feature to submit your DD-214 and Veteran Exemption Submission Form. Enter the notice code VET and select PO Box 440; or 
  • Mail a copy of your DD-214 and Veteran Exemption Submission Form to: The New Jersey Division of Taxation, Veteran Exemption, PO Box 440, Trenton, NJ 08646-0440; or 
  • Fax you're DD-214 and Veteran Exemption Submission Form to 609-633-8427.
    If Veterans do not certify before Veterans file for the exemption, Veterans will need to submit a copy of your DD-214 when Veterans file using:
  • A Paper Return. Enclose a copy of your DD-214 with your return; 
  •  . Upload your DD-214, along with all of your other documentation, into the repository; 
  • Other Electronic Filing Methods. If Veterans file your return using NJ Web File, third-party software (such as TurboTax), or Veterans have a tax professional who electronically submits your return, Veterans can send a copy of your DD-214 and Form using one of the three certification methods listed above.
 
3. Fun Upcoming Running Races & Charity Events 

Jan 6, 2018  Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run  10:17am   New Start Location: Secret Mystery wooded area North Brunswick
Only $20.00 register online and an email with secret start will be sent:
 
January 10, 2018 The Municipal Court Practitioner's Legal Arsenal:
The "New" Cases and the "Oldies and Goodies" Every Municipal Court Practitioner Needs to Know
-an NJICLE webinar-
Wednesday, January 10, 2018 Noon-1:40pm
    Featuring:
William Brigiani, Esq. Past President Middlesex County Bar Association
Kenneth A. Vercammen, Esq.
Certified by the Supreme Court of New Jersey as a Municipal Court Law Attorney
Past Chair, NJSBA Municipal Court Practice Section
Past NJSBA Municipal Court Practitioner of the Year
 
You've heard the names... Chun... Crawford... McNeely
   BUT - do you really understand the principles created by these significant cases? Do you know that there are over 20 New Jersey cases that should be at your fingertips when you enter a Municipal Court in New Jersey?
    
 
    New Jersey Institute for Continuing Legal Education A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · Fax: (732) 249-0383 · CustomerService@njsba.com
 
2018 update Wills and Estate Planning- Free Seminar
January 11 Thursday see above
 
4. New casesEven if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct
 State v. Lopez  N.J. Super. App. Div. unreported
   Defendant appealed the denial of his motion to suppress evidence and his sentences. Police made a motor vehicle stop of defendant's vehicle, observed that defendant was nervous, saw a large amount of cash in the center console, suspected drug activity and requested consent to search the car. Defendant initially agreed, then drove away throwing a black object out of the car. Defendant eventually stopped and was arrested. The police found a plastic bag-containing heroin near where defendant threw the object from the car. At the hearing on the motion to suppress, the trial judge found the stop was lawful because of the inoperable brake light and defendant's change of lanes without signaling. The court found that sufficient credible evidence supported the stop and the request to search. 
  Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. Source:  NJLJ (14-2-3291)  unreported 

5. Strip search after marijuana arrest not permitted. State v. Jules, N.J. Super. App. Div. unreported

 Appellant appealed from his conviction for third-degree possession of alprazolam (Xanax). Appellant's appeal focused solely on the denial of his motion to suppress evidence obtained from a strip search, which police conducted at their headquarters after his arrest. In denying appellant's motion, the judge found the officer had reasonable articulable suspicion justifying the initial stop, probable cause for the arrest and that the strip search was lawful under the search incident to arrest exception to the warrant requirement. Appellant did not dispute the initial stop or the arrest; appellant argued that the police acted unlawfully by subjecting him to a strip search without first obtaining a warrant.

  On appeal, the court-reversed denial holding the officer's suspicion that the item in appellant's groin area was a prescription pill bottle did not establish probable cause that appellant committed the named offense. The court found there was no "objectively reasonable" basis to arrest appellant for possession of prescription pills, only that there was probable cause to arrest him for marijuana possession. Therefore, the police could not use the search incident to arrest exception to circumvent the protections that arose from appellant's arrest. Furthermore, exigency could not support the search once the police handcuffed and secured appellant. Finally, the court found the "plain feel" exception inapplicable because the object believed to be a prescription pill bottle did not make it "immediately apparent" that the bottle contained contraband. Accordingly, the court reversed denial of suppression and remanded for dismissal of the judgment of conviction. 
Source: NJLJ Daily briefing, available to members of NJ State Bar Association and subscribers to NJ Law Journal

  Editorial Assistance provided by Peter Amponsah.  Mr. Amponsah currently attends Rutgers' University and is participating in our Winter Break Internship Program. 

E531 1. Ken Vercammen, family & Lexi dog wish you Happy Holidays & Merry Christmas. 2. Thank you Clients for a good year. 3. New YouTube videos 4. Fun Upcoming Running Races & Charity Events

NJ LAWS EMAIL NEWSLETTER E531
Kenneth Vercammen, Attorney at Law 
December 18, 2017
In this Issue:
1.  Ken Vercammen, family & Lexi dog wish you Happy Holidays & Merry Christmas.
2.  Thank you Clients for a good year.
3.  New YouTube videos
4.  Fun Upcoming Running Races & Charity Events 

1.   
Ken Vercammen, family & Lexi dog wish you Happy Holidays & Merry Christmas.
 
       In the true spirit of the Holiday and Christmas season, may we all be thankful and share in the hope for peace on earth and goodwill toward all. 
       One of the pleasures during the holidays is the opportunity to thank our friends for their friendship. We are also thankful for the confidence our clients have shown in us, and the friends who have referred people to our office.

2. Thank you Clients for a good year.
    I would like to thank my clients and friends for another good year. This year was our single best year for referrals.  So many of you were kind enough to tell others about our services.  Since 1985, over 30 years, I have helped individuals and businesses with legal matters.  With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments.  As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients.  Thank you for referring friends and family. May the New Year bring happiness and good health to you and those you love.

    After January 1, 2018 we will be shredding Municipal Court and litigation files more than 7 years old. If you are past client and there is a file in our office that you do not want us to shred, please email us.

3. New YouTube videos
Notice required in Driving While Suspended 39:3-40

20 minute observation by police required in DWI Alcotest machine

Collecting out of state judgment

Trust in Will for minor child

Using medical records to defend a DWI https://www.youtube.com/edit?o=U&video_id=lUMTd1FHaGc

Second offense DWI penalties

4. Next community events:
December 20, 2017
Raritan Valley  Road Runners Christmas Caroling in New Brunswick, NJ at selected pubs

December 21, 2017
  The first day of winter... the longest night of the year
Thursday, 6PM
VFW Post 9111 | 11 Henderson Road, Kendall Park
       Let us unite as a community to participate in a significant memorial event in remembrance of individuals who died in Middlesex County this past year and previous years from causes related to their being homeless. Join in the sharing of songs and testimonials by those who have experienced homelessness and participate as one body in a Community Commitment along with those who are working to end homelessness.
            Refreshments to follow.
           Donations of gently used men's, women's and children's coats (all sizes needed). Hats, gloves and scarves will be collected and most gratefully appreciated.
Sponsored by: The Township of South Brunswick and  VFW POST South Brunswick 9111

December 25, 2017 - Merry Christmas

Jan 6, 2018  Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run  10:17am   New Start Location: Secret Mystery wooded area North Brunswick
Only $20.00 via

Jan 7, 2018 FARC Freehold Winter 5k first five Sunday
    More Central Jersey charity races at:
Raritan Valley Road Runners www.rvrr.org
Jersey Shore Running Club http://www.jsrc.org/webpages/races.htm
Freehold Area Running Club www.farcnj.com
Metro Race Forum www.raceforum.com

  Editorial Assistance provided by Haley Fedak.  Ms. Fedak is currently a Senior at Muhlenberg College and is participating in our Winter Break Internship Program. 

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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











E532 1. New Year's Resolution - Put your Estate Planning in order.ts for a good year. 2. New 2017 Expungement Law 3. Operation in DWI requires proof. 4. No blood draw without warrant unless exigency. 5. Fun Upcoming Running Races & Charity Events

E532 Happy New Year
In this Issue:
1.  New Year's Resolution - Put your Estate Planning in order.ts for a good year.
2.  New 2017 Expungement Law
3.  Operation in DWI requires proof.
4.  No blood draw without warrant unless exigency.
5.  Fun Upcoming Running Races & Charity Events 


1.  New Year's Resolution - Put your Estate Planning in order.
    Don't put off having a proper Will prepared and your Estate Planning. A portion of your Estate Planning may be tax deductible for income tax purposes. Tax planning is deductible on your tax return. so If you do some estate planning to reduce potential taxes, your CPA may be able to deduct a portion of the professional fees paid for tax planning. The amounts to be deducted must be discussed with your CPA.

     You also need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.

   Sometimes a person is often kept alive in pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.

      Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

     This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will. Please let us know if you want a Living Will/ Advance Directive prepared.
2.  New 2017 Expungement Law 
By Kenneth Vercammen 
     The Senate Judiciary Committee reports favorably and with committee amendments Senate Law No. 3307.
        
       This law, as amended, would revise procedures for expunging criminal and other records and information, including the shortening of certain waiting periods before a person may seek an expungement and increasing the number of convictions, which may be expunged.
         
         The Governor's office said:
      Three new expungement reform bills developed by Governor Christie and Senator Sandra Cunningham (D-Hudson) as part of their continuing bipartisan endeavor would prohibit employment discrimination based upon an expunged criminal record; accelerate expungements and increase the number of convictions that can be expunged; and reduce the waiting period to expunge an entire juvenile record.

      "I commend Senator Cunningham for working with me on this legislation that will return many more recovering addicts to their families, as productive members of society and help break the costly cycle of recidivism," Governor Christie said. "It prevents a childhood or adolescent mistake from ruining someone's future, while still ensuring there are appropriate consequences for unlawful behavior and lessons are learned. These reforms represent a second chance at life for our family members, friends, neighbors and coworkers, and they provide the same opportunities we would desperately want for ourselves."

     "A minor criminal offense should not lead to a lifetime of punishment. These bills are about removing barriers for residents and helping them to overcome the obstacles that exist to finding employment, taking care of their families and setting their lives on the right path," said Senator Cunningham. "I want to thank the Governor for being a partner in this important work. These bills are a great step to providing offenders with the second chance they deserve."

     Senate bill 3306 would strengthen New Jersey's Opportunity to Compete Act, also known as "Ban the Box," sponsored by Senator Cunningham and signed into law by Governor Christie in August 2014. S-3306 would prevent those with current and expunged criminal records from being discriminated against at the early stages of employment pursuits.

      Senate bill 3307 would reform procedures for expunging criminal records by:
  • Allowing a petitioner to expunge up to four, instead of three, offenses or multiple offenses that occurred within a short timeframe, if the petitioner has not been convicted of any prior or subsequent offense;
  • Reducing the expungement eligibility waiting period from 10 years to six years, following the latest of any conviction, payment of fine and completion of probation, parole or prison sentence;
  • Further reducing the expungement eligibility waiting period if satisfaction of a fine or restitution is the petitioner's only remaining barrier and the court finds that the expungement is in the public's interest; and
  • Aligning expungement and sentencing statutes, allowing expungement for possession of marijuana with the intent to sell up to one ounce, which is the threshold for a fourth-degree crime.
 Senate bill 3308 would decrease from five to three years the waiting period to expunge an entire juvenile record, maintaining all other requirements and provisions.
"These necessary, life-saving reforms for people who deserve a second chance should be immediately passed by the New Jersey legislature and replicated across the country, as I have heard loud and clear from the victims of this disease and their families, grassroots leaders, medical professionals, law enforcement officers and those in the criminal justice system, during my travels around this great state and nation," Governor Christie said.

    To hire attorney to expunge a prior criminal charge, call Ken Vercammen's office for a consult.
Recent cases:
3.  Operation in DWI requires proof. State v. Decicco App. Div. unreported
     
     A trooper, responding to a report about an "erratic driver," found a car parked in a field at a campground. Defendant was in the driver's seat holding a can of beer in his hand. The keys were in the ignition, but the engine was not running. Trooper testified that he could feel heat coming from the front of the car and heard crackling sounds from the engine. Defendant admitted drinking beer, said he was at the campground to pick up his mail and was staying to "sleep[] it off." Defendant failed field sobriety tests and his BAC measured 0.09. 

    On appeal, defendant contended that the state failed to show that he "operated" a vehicle. The court found that the state failed to meet its burden of proof because defendant's admission that he had driven to the campground did not establish a timeline to show that he was intoxicated when he did so and the state produced no eyewitnesses to defendant's alleged erratic driving. Additionally, the trooper admitted that the warmth from the car engine might have been from defendant running the air conditioner while parked.
Unreported source New Jersey Law Journal April 6, 2017
4.  No blood draw without warrant unless exigency. State v. Smiejan, N.J. Super. App. Div. Unreported
         
    Appellant was involved in an accident in which he struck two parked cars. While at the hospital for his injuries, a sample of his blood was taken without his consent or a search warrant; subsequent testing established his blood alcohol content was above the legal limit. Appellant moved for, and was denied suppression of the BAC evidence. The court noted there were exigent circumstances, which existed because of the delays inherent in the warrant application process. 
       
     On appeal, appellant argued that the seizure of his blood violated the Fourth Amendment, the Supreme Court's Missouri v. McNeely ruling applied which held that dissipation did not constitute an exigency, and ineffective assistance of counsel. The court reversed holding the trial court erred in relying upon the municipal judge's past experience as a factual basis to find the existence of an adequate exigency. 
      
    The court further held there were no meaningful factual findings made by either the municipal court judge or the law division judge. Finally, the court stated that, pursuant to McNeely, the case was to be remanded to determine whether the circumstances warranted the admission of the blood draw as the trial court failed to determine under the totality of the circumstances whether exigency existed thereby negating a need for a warrant. Accordingly, the court reversed and remanded.
Source: http://www.njlawjournal.com/id=1202784736777/Unpublished-Opinions-for-the-Week-of-May-1-2017?mcode=0&curindex=0&curpage=3
5.  Fun Upcoming Running Races & Charity Events 
 Jan 6, 2018  Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run  10:17am   New Start Location: Secret Mystery wooded area North Brunswick. Only $20.00 register online and an email with secret start will be sent:
https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun
2018 update Wills and Estate Planning- Free Seminar
January 11 Thursday
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 Adult schools. 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 or if you would like us to email the materials. 
SPEAKER: Kenneth Vercammen, Esq.                 
(Author- ABA Wills and Estate Administration)
1. NJ Estate Tax eliminated on Estates under $5,400,000 as of January 1, 2018
2. NJ Inheritance Tax stays if assets are going to persons other than spouse or children.    
3. Federal Estate Tax exemption increased to over $5.49 million in 2018 but gifts limited to $14,000 per person
4. Set up a testamentary trust in your Will for Protection for spouses and leaving assets to children: 
5. We recommend Self- Proving Wills since witnesses often move or pass away
6. The New Probate law NJ 
7. NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees
8. Power of Attorney- Do not use a form purchased online. 
9. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared
10. Competency required to sign a Will or Power of Attorney
      COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.   
Co-Sponsor: Middlesex County Estate Planning Council
To attend email: VercammenLaw@Njlaws.com
other Information call 732-572-0500
Can't attend?  We can email you materials
Send email to:  VercammenLaw@Njlaws.com

  Editorial Assistance provided by Brianna Pennington.  Ms. Pennington currently attends William Paterson University  and is participating in our Winter Break Internship Program. 

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.

Tuesday, January 16, 2018

E368 Motion to Suppress Granted

NJ Laws Email Newsletter E368
Kenneth Vercammen, Attorney at Law

May 18,2011
hspace=5
Office Phone Number:

(732) 572-0500

www.njlaws.com


In This Issue:

1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.
2. If Defendant had Prior CD, cant get PTI.
3.Reflections on Memorial Day.
4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.
 
1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.State v Shannon_____ NJ Super. ______ (App. Div. 2011) A-2549-08T4.
The court reversed defendants conviction of possession of cocaine, finding his motion to suppress the cocaine found in a warrant-less search of his Jeep should have been granted. The search was not incident to arrest, did not occur late at night, the stop was in a residential area, and four Asbury Park Police Officers were at the scene with defendant, who was alone. The court found no exigency existed pursuant to State v. Pena-Flores, 198 N.J. 6 (2009).
2. If Defendant had Prior CD, cant get PTI. State v OBrien ____ NJ Super. ______ (App. Div. 2011) A-4190-09T2
The question presented is whether a defendant who previously received supervisory treatment under the conditional discharge statute, N.J.S.A. 2C:36A-1, and who later applied for and obtained an order vacating the conditional discharge, may thereafter be admitted into PTI. The court answer the question in the negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28, Guideline 3(g) prohibit any person previously placed into supervisory treatment under the conditional discharge statute from subsequent admission into PTI, whether the conditional discharge is later vacated or not.
3.Reflections on Memorial Day

Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.

We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.

If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays. -- F L Lloyd West Chester, Pa USA - February 26, 2000

On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.

Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general publics nonchalant observance of Memorial Day. -- VFW 2002 Memorial Day address

http://www.usmemorialday.org/backgrnd.html
4. If A Loved One Is A Victim Of Nursing Home Abuse, We 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.
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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.

Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court, Introductory DWI

Monday, May 23, 2011
5:30 PM to 9:00 PM
Brunswick Hilton, East Brunswick

This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court.

An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that police, attorneys, prosecutors and court staff are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.

Sponsor: NJ Institute for Continuing Legal Education732-214-8500
Cost: $189.00 includes dinner, CD with forms and 400+ page book

Other information:
Speakers include:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year

Hon. E Ronald Wright
Chief Judge, New Brunswick, North Brunswick

WILLIAM G. BRIGIANI, ESQ.

Former Municipal Prosecutor (Spotswood, East Brunswick and for the SPCA)
Editorial Assistance provided Ashley Kolata. Ms. Kolata currently attends Rutgers School of Law, Newark. She will be entering her second year and is currently participating in our Kenneth Vercammens summer internship program.
 

E368 1. Motion to Suppress Granted When Police Did Not Obtain Telephonic Search Warrant for Car. 2. If Defendant Had Prior CD, Cant Get PTI. 3.Reflections on Memorial Day. 4. If a Loved One Is a Victim of Nursing Home Abuse, We Can Help.

NJ Laws Email Newsletter E368
Kenneth Vercammen, Attorney at Law

May 18,2011
hspace=5
Office Phone Number:

(732) 572-0500

www.njlaws.com
In This Issue:
1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.
2. If Defendant had Prior CD, cant get PTI.
3.Reflections on Memorial Day.
4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.



Greetings Kenneth Vercammen, Esq.,
1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.State v Shannon_____ NJ Super. ______ (App. Div. 2011) A-2549-08T4.
The court reversed defendants conviction of possession of cocaine, finding his motion to suppress the cocaine found in a warrant-less search of his Jeep should have been granted. The search was not incident to arrest, did not occur late at night, the stop was in a residential area, and four Asbury Park Police Officers were at the scene with defendant, who was alone. The court found no exigency existed pursuant to State v. Pena-Flores, 198 N.J. 6 (2009).
2. If Defendant had Prior CD, cant get PTI. State v OBrien ____ NJ Super. ______ (App. Div. 2011) A-4190-09T2
The question presented is whether a defendant who previously received supervisory treatment under the conditional discharge statute, N.J.S.A. 2C:36A-1, and who later applied for and obtained an order vacating the conditional discharge, may thereafter be admitted into PTI. The court answer the question in the negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28, Guideline 3(g) prohibit any person previously placed into supervisory treatment under the conditional discharge statute from subsequent admission into PTI, whether the conditional discharge is later vacated or not.
3.Reflections on Memorial Day
Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays. -- F L Lloyd West Chester, Pa USA - February 26, 2000
On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general publics nonchalant observance of Memorial Day. -- VFW 2002 Memorial Day address
4. If A Loved One Is A Victim Of Nursing Home Abuse, We 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.
Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court, Introductory DWI
Monday, May 23, 2011
5:30 PM to 9:00 PM
This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that police, attorneys, prosecutors and court staff are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Sponsor: NJ Institute for Continuing Legal Education732-214-8500
Cost: $189.00 includes dinner, CD with forms and 400+ page book
Other information:
Speakers include:
Past Chair, NJSBA Municipal Court Section
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
Hon. E Ronald Wright
Chief Judge, New Brunswick, North Brunswick
Former Municipal Prosecutor (Spotswood, East Brunswick and for the SPCA)
Editorial Assistance provided Ashley Kolata. Ms. Kolata currently attends Rutgers School of Law, Newark. She will be entering her second year and is currently participating in our Kenneth Vercammens summer internship program.