2053 Woodbridge Avenue - Edison, NJ 08817

Kenneth Vercammen is a trial attorney in Edison, NJ. He is a speaker at the annual Nuts & Bolts of Estate Administration & Elder Law program, American Bar Association General Practice Division. New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week litigation and contested Probate hearings.

Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

Tuesday, September 13, 2016

E501 1. Fly the Flag on 9/11 2. Termination of Child Support after High School Graduation and Upon Emancipation 3. Volunteer Legal Interns needed, Public Defender of Metuchen 4. No mandatory jail on leaving scene 5. Next Community events 6. Recent Youtube links

NJ LAWS EMAIL NEWSLETTER E501
Kenneth Vercammen, Attorney at Law

September 7, 2016

Greetings!
In this issue:

1. Fly the Flag on 9/11  
2. Termination of Child Support  Upon Emancipation 
3. Volunteer Legal Interns needed, Public Defender of Metuchen  
4. No mandatory jail on leaving scene 
5. Next Community events 
6. Recent Youtube links
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 9/11, an American flag should be displayed outside every car, 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 our country's worst tragedies. We have extra flags in our office reception area. 
       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.VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN    
      The Public Defenders provide indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen again invites students interested in attending law school or a career in law enforcement to serve as volunteer interns.
     Can you spare one night per week to help indigent people in need? No experience needed, just a desire to help people.
 Wednesday  4pm PM [approx]- 8:30 PM, Friday morning optional   
Volunteer Internship description:
-Interview persons facing charges in Municipal court including drug possession, drunk driving, assault, theft, driving while suspended and other disorderly and traffic offices
-Make demands for discovery from the prosecutor and review police reports
-Attend hearings and learn from experienced Attorneys
-Prepare Motions to Suppress Evidence 
-Learn how to add criminal statutes to the NJ Criminal law blog
-Must be dependable, and have a car to drive to court.
-Mail or fax  cover letter and  resume to 732-572-0030 fax 
Kenneth Vercammen, Esq. 
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817

4. No Mandatory Jail on Leaving Scene  

State v. Frank ___ NJ Super. ___ (2016) A-0832-13T1.
    Defendant was convicted of leaving the scene of a motor vehicle accident involving serious bodily injury, N.J.S.A. 2C:12-1.1, and leaving the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). The trial court ordered that the motor vehicle violation merge into the criminal offense, and that the penalties survive merger. The judge sentenced defendant to a four-year term of probation for the criminal offense and a custodial sentence of 180 days on the Title 39 violation, believing the custodial sentence was mandatory. The court agreed that the criminal offense and motor vehicle violation merged as a matter of law, and that the Title 39 penalties survived merger, but the court reversed the imposition of a custodial sentence, concluding it was not mandatory under N.J.S.A. 39:4-129(a), and remanded for resentencing.  
5. Next Community Events:
9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30  Co-Sponsor Wakefern ShopRite
9/10 Edison Elks End of Season Pool Party
9/11  September 11 Memorial run Belmar boardwalk to Spring Lake 6pm [not a race]
9/17 Rumson 2000 run HHH Hartshorne woods 10:17am
9/18 JSRC Picnic at Monmouth Park Racetrack
9/24 KeyportFest 5K  Fireman's Park Saturday 8:30 am         
9/24 Edison Fall festival Amboy Ave., Edison
9/25 Asbury Park One More Triathlon 7:30
9/25 Steeplechase 5k & 10k Hillsborough  

6Recent Youtube Links

Grounds for challenges to a Will
Grounds for challenges to a Will
Theft charges and penalties
Theft charges and penalties

Sale of house in a probate case
Sale of house in a probate case

Friends and clients can help us by....

Help us with a review on Google Find us on Google+                https://plus.google.com/100353581223417384493/posts

Endorsing us on Linkedin View our profile on LinkedIn               https://www.linkedin.com/in/kennethvercammen


Editorial Assistance Provided by DeVante Crews. Mr. Crews is participating in Ken Vercammen's Summer Internship Program and currently a student at Rutgers University New Brunswick.

Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Thursday, August 18, 2016

E500 1. Oppose Lawmaker's "Ham Sandwich" bill 2. Defense should be permitted to present witnesses. 3. Gap time jail credit permitted in DWI. 4. Annual Summer Happy Hour photos 5. Recent Youtube links

NJ LAWS EMAIL NEWSLETTER E500
Kenneth Vercammen, Attorney at Law

August 17, 2016
Greetings!
In this issue:
1. Oppose Lawmaker's "Ham Sandwich" bill 
2. Defense should be permitted to present witnesses. 
3. Gap time jail credit permitted in DWI.
4. Annual Summer Happy Hour photos 
5. Recent Youtube links
1. Oppose Lawmaker's "Ham Sandwich" bill
      
        Oppose Lawmaker's bill to make it a an expensive traffic ticket to change your radio station in the car to listen to news and traffic. Lawmakers should have more important priorities like eliminating handouts to underperforming schools. Our Police resources should be to prevent real crime including Internet rip off on the elderly. Police should not be expected to issue more tickets if a driver takes a sip of water in the summer while driving. Lawmaker should concentrate on funding the TTF, lower our ridiculous property taxes, etc. The Home New Tribune wrote:
"Ham sandwich bill still stinks"
     "The "ham sandwich" bill is back. And it's just as distasteful as ever. A bill working its way through the Legislature would make it illegal in New Jersey for drivers to do anything in their vehicles except drive. They wouldn't be allowed to sip their coffee. They wouldn't be allowed to change a radio station or adjust the volume. Reaching for toll money while the car is moving? Nope. And yes, they couldn't have a bite of a ham sandwich, or any other food. All of those "activities" - to use the term loosely - and many others have nothing to do with operating a vehicle, and therefore would constitute distracted driving. Penalties could be as high as a $400 fine for a first offense. 
   Assemblyman John Wisniewski, D-Middlesex, chairman of the Assembly Transportation Committee, has been pushing this kind of legislation for years, despite past ridicule that included the ham-sandwich denunciation......
      But there will be violations, randomly and arbitrarily applied even as the vast majority of offenses go unseen or ignored. That's not fair to anyone, fostering that much more distrust of police stuck with enforcing a law its creators don't particularly want enforced anyway. We also already have laws on the books against careless and reckless driving that deal with the dangerous effects of distracted driving. Stricter enforcement of those laws would make more sense than worrying about a driver eating a donut........
       There's a big difference in changing the "behavior" involved in snapping on a belt and forgetting about it, and banning innocuous little actions that would occur throughout anyone's drive. The ham sandwich bill may be well intentioned, but it's the wrong recipe to advance highway safety."

http://www.mycentraljersey.com/story/opinion/editorials/2016/08/07/ham-sandwich-bill-still-stinks/88333332/

2. Defense should be permitted to present witnesses. 
State v. Cope 224 NJ 530 (2016) (A-13-14; -74206)
        1) After arresting the defendant in his living room, the police conducted a protective sweep of an adjoining porch to ensure no individuals posing a safety risk were on the premises. The sweep did not violate constitutional standards and the trial court properly denied the motion to suppress the rifle. 2) The trial court abused its discretion when it denied defendant the right to present a full third-party-guilt defense. A witness whose testimony is central to a defense of third-party guilt cannot be kept off the stand unless the expected version of events is so patently false that the events could not have occurred. 

3. Gap time jail credit permitted in DWI. 
State v. Walters ___ NJ Super. ___ (App.Div. 2016) A-0203-14T1
     Defendant Matthew J. Walters appeals from the Law Division order that removed gap-time credit from a previously-entered judgment of conviction (JOC). The Law Division found that gap- time credit cannot be awarded for a sentence imposed on a Title 39 violation - driving while intoxicated (DWI), N.J.S.A. 39:4- 50. The court concluded that nothing in the language or statutory scheme of N.J.S.A. 2C:44-5(b) supports the conclusion that a defendant must be convicted for a Criminal Code offense to receive gap-time credits. 
         Given that the defendant has satisfied the requirements of N.J.S.A. 2C:44-5(b)(2), he is entitled to gap-time credits even though the sentence was for a Title 39 violation. Reversed and remanded to the Law Division for amendment of the judgment of conviction to reflect the proper award of gap-time credits.

4. Annual Summer Happy Hour photos 

Annual Summer Happy Hour: More photos by professional photographer Jill Margolin Segerman

https://www.facebook.com/events/100183356999884/permalink/302325726785645/

5. Recent Youtube Links

Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S. __ NJ __ (2015) (A-84-13)
Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S. __ NJ __ (2015) (A-84-13)
State v Jones Accident with unconscious driver was exigency for police to take blood.
State v Jones Accident with unconscious driver was exigency for police to take blood.
Improper use of Power of Attorney
Improper use of Power of Attorney

Friends and clients can help us by....

Help us with a review on Google Find us on Google+                https://plus.google.com/100353581223417384493/posts
 

Endorsing us on Linkedin View our profile on LinkedIn               https://www.linkedin.com/in/kennethvercammen


Editorial Assistance Provided by DeVante Crews. Mr. Crews is participating in Ken Vercammen's Summer Internship Program and currently a student at Rutgers University, New Brunswick.

Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Thursday, July 28, 2016

E498 1. No Jury Trial for DWI 2. Police can stop on broken taillight 3. Reviewing your Estate Plan 4. Ending Child Support Upon Emancipation 5. Upcoming Community Events starting 7/27 6. Recent Youtube links

NJ LAWS EMAIL NEWSLETTER E498
Kenneth Vercammen, Attorney at Law

July 27, 2016
Greetings!
In this issue:
Recent Cases 
1. No Jury Trial for DWI 
2. Police can stop on broken taillight
3. Reviewing your Estate Plan
4. Ending Child Support Upon Emancipation
5. Upcoming Community Events starting 7/27
6. Recent Youtube links 
Recent cases
1. No Jury trial for DWI. 
State v. Denelsbeck ___ NJ ___ (2016) (A-42-14) 
   Third or subsequent DWI offenders are not entitled to a jury trial, and defendant's conviction procured by a bench trial did not violate his Sixth Amendment right to a jury trial. 
2. Police can stop on broken taillight. 
State v. Sutherland ___ NJ Super. ___ (App. Div. 2016) A-5432-14T3 
   A police officer stopped defendant's car because one of the four taillights was not illuminated. The Law Division granted defendant's motion to suppress finding that N.J.S.A. 39:3-61(a) and -66 only required one functioning tail light on each side and the officer's mistake rendered the stop unreasonable. 
   The court reversed, noting the confusing state of Title 39 and concluding that the officer had reasonable and articulable suspicion of a motor vehicle violation.
 3. Handle your Estate Plan before Vacation
   What has happened since you created or updated your estate plan? Consider how your priorities may have changed since any of these events may have occurred: marriage, children, death of a loved one, divorce/separation, relocation, and tax law changes. By revisiting your estate plan you can ensure that there are no errors and that your wishes are known.
Is it time to take a fresh look at your estate plan?
    Together, we can discuss your current situation and determine what may need updating. Call today to schedule an appointment.
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.
This office's minimum fee for a Motion for Emancipation is $1,500.
      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. Most child support Order continue child support if the child is in college full time.
4. Next Community events we participate in
7/27 Hailey's Harp and Pub 
Metuchen join us for a drink after we finish Metuchen Court approx 7:45pm at the outdoor tables.
8/6 Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor FB
8/7 Belmar Tri 7am $$ FB
8/13/16 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern ShopRite co-sponsor FB
8/20 Bradley Beach 5k 8:30 Wakefern Shoprite co-sponsor FB
8/21/16 Jersey City Triathlon or
8/21Ray Licata Long Branch Ocean Mile Swim 1 mile 8am

5. Recent Youtube links
Objecting to consent forms in DWI blood cases
Objecting to consent forms in DWI blood cases



Objections to blood tests in DWI
Objections to blood tests in DWI


 
Driving while suspended defenses 39:3-40
Driving while suspended defenses 39:3-40


Friends and clients can help us by....

Help us with a review on Google Find us on Google+                https://plus.google.com/100353581223417384493/posts
 

Endorsing us on Linkedin View our profile on LinkedIn               https://www.linkedin.com/in/kennethvercammen


Editorial Assistance Provided by DeVante Crews. Mr. Crews is participating in Ken Vercammen's Summer Internship Program and currently a student at Rutgers University New Brunswick.

Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Wednesday, July 13, 2016

E497: 1. Avoid Shoplifting convictions 2. July 15, 2016 Friday Summer Blast Happy Hour 3. Recent Cases: Stop of car and search improper based on strange pause State v. V.A.-M 4. Latest YouTube Videos

NJ LAWS EMAIL NEWSLETTER E497
Kenneth Vercammen, Attorney at Law

Greetings!
In this issue:
1. Avoid Shoplifting convictions
2. July 15, 2016 Friday Summer Blast Happy Hour 
3. Recent Cases: Stop of car and search improper based on strange pause State v. V.A.-M
4. Latest YouTube Videos
1. Avoid Shoplifting convictions
     Shoplifting is one of the worst offenses to have on your record. Employers are reluctant to hire someone they can't trust. If charged with shoplifting, hire an attorney to defend the charges. If a prior conviction, hire an attorney to expunge the criminal record.
      The state must prove the Defendant had the "knowing" intent to commit a criminal act in a shoplifting case.
      Sometimes the defendant has mental issues and was not aware that there was a criminal act being committed.
    NJSA 2C: 4-2.  Evidence of mental disease or defect admissible when relevant to element of the offense. 
    Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense.  In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense.
      The NJ Model Jury charges set forth the elements of SHOPLIFTING [CONCEALMENT] (N.J.S.A. 2C: 20-11b(2))
      The statute provides in pertinent part that it is a crime for:
any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
      In order for the finder of fact to find the defendant guilty of shoplifting, the State must prove each of the following elements beyond a reasonable doubt:
1. that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by (name of commercial establishment);
2. that (name of commercial establishment) was a store or other retail mercantile establishment; and
3. that defendant did so with the purpose of depriving the merchant of the processes, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the value thereof.
      The first element that the State must prove beyond a reasonable doubt is that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by any store or other retail establishment. The term "conceal" means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.1 The term "merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.2
      A person acts purposely with respect to the nature of his or her conduct or a result of his conduct if it is the person's conscious object to engage in conduct of that nature or to cause such a result. That is, a person acts purposely if he or she means to act in a certain way or to cause a certain result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist.
2. July 15, 2016 Friday Summer Blast Happy Hour
Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
        Update: We will be outside on the big Boardwalk Bar.  Get VIP wristband and VIP name sticker from Ken Vercammen, Esq and helpers.  Walking distance from the beach, Belmar train station and marina. A good reason to leave work early on Friday. Near Main St.
   Look for Banner of NJ State Bar Association & US Flag. Ken Vercammen will be wearing a blue Hawaiian shirt.
We need a couple of volunteers for a short period of time
  • 1 Volunteer: Help hang up signs and banner  5:00
  • 1 Volunteer: Help check names off and give out VIP wristbands 5:00-6:00, 6:00-7:00, 7:00-7:30
  • 1 Volunteer: Help collect business cards and give out some free stuff.
  • 1 Volunteer: Help lug canned food donations for Community Food Bank to car at end of party
     Schedule [rain or shine]
5:30-7:30pm Hot & Cold Buffet inside near front door
5:30 Music by Sami Eldebs outside and DJ with prizes inside
6-7 $1.50 House Drinks, Bud/BudLt draft & House Wine Special at the outside Boardwalk Bar
10pm Big Band Baby band inside
    Bring your IPhone or camera to take photos and add tohttps://www.facebook.com/events/100183356999884/
    
July 16 7pm Edison Elks Beef & Brew $25.00 for tickets call 732) 985-2487 or  buy at 375 Old Post Road, Edison NJ 08817-4653
July 17 Freedom Fest Sunday Marshall Tucker Band
July 20 RVRR Summer Pub Crawl

July 24 5k Run/Walk VFW Post #133 East Brunswick, NJ 9:00 AM free burgers, beer, and food

Recent cases:
3. Stop of car and search improper based on strange pause
State v. V.A.-M. App. Div. unreported 14-2-8638
      After his motion to suppress was denied in municipal court, 18-year-old defendant V.A.-M. pleaded guilty to loitering to obtain a controlled dangerous substance and was sentenced to a fine of $350, plus court costs and fees. Defendant appealed, and the Law Division affirmed the municipal court's denial of defendant's motion to suppress and imposed the sentence. Defendant then challenged the stop of the motor vehicle in which he was a passenger and the subsequent warrantless search and seizure of a pipe from his pants pocket that was alleged to be drug paraphernalia.
      Because the police stop could not be justified either as an investigatory stop or under the community-caretaking doctrine, the appellate panel reversed. The community-caretaking doctrine did not justify the stop of the vehicle and warrantless search of defendant, as the officers did not have an objectively reasonable basis to believe that an emergency required immediate action to protect life or prevent serious injury. The police officer did not indicate that he stopped the vehicle because of the manner in which it was driving. As such, the Law Division's reliance on the "strange pause" of the vehicle and its attempt to continue driving was misplaced. Moreover, the officer testified that once he spotted the vehicle and realized that it matched the description he had received from dispatch, he intended to stop it based on the anonymous citizen's report alone.
      The panel found that the anonymous call to police reporting benign and non-criminal activity was insufficient to justify an investigative stop. The call reported a parked car, with a white male running up and down a hill. While a concerned citizen was apparently sufficiently troubled to call police, the reported activity was more in the nature of innocent frolicking than criminal activity. A parked car and a male running up and down a hill on a winter evening did not rise to the level of reasonable articulable suspicion of criminal activity necessary to justify an investigatory stop. Because the stop was constitutionally defective, the subsequent statements by, and search of, defendant the court suppressed. Source Daily Briefing - 12/14/2015

4. Latest YouTube Videos 

Driving while suspended defenses 39:3-40
Driving while suspended defenses 39:3-40

Release & Refunding Bonds
Release & Refunding Bonds

Drug Possession Defense
Drug Possession Defense



Friends and clients can help us by....

Help us with a review on Google Find us on Google+               https://plus.google.com/100353581223417384493/posts

Endorsing us on Linkedin View our profile on LinkedIn              https://www.linkedin.com/in/kennethvercammen



Editorial Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken Vercammen's Summer Internship Program and currently a student at the West Virginia University College of Law. 
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Friday, July 08, 2016

E496: 1. Belmar 5 Mile Race fun teams July 9, 8:30am 2. Termination of Child Support after College Graduation and Upon Emancipation. 3. Join the Elks Club 4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social July 15, 2016 5. Recent cases: Defense to refusal where person medically unable to provide breath samples 6. New Metuchen Bishop Graduate of University of Scranton

NJ LAWS EMAIL NEWSLETTER E496
Kenneth Vercammen, Attorney at Law



 
1. Belmar 5 Mile Race fun teams July 9, 8:30am
2. Termination of Child Support after College Graduation and Upon Emancipation.
3. Join the Elks Club
4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to  Happy Hour & Networking Social July 15, 2016
5. Recent cases: Defense to refusal where person medically unable to provide breath samples
6. New Metuchen Bishop Graduate of University of Scranton
1. Belmar 5 Mile Race fun teams July 9, 8:30am
      Kenneth Vercammen is again putting together 5 teams of both competitive and non-competitive runners.  If you can finish 5 miles in less than 1 hour, you can be on our teams of fun.
    Our winning teams in last year won free beer tickets. Individual Application online at http://www.belmar5.com/belmar.pdf  or go to
       The name of our teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [just trying to finish] and our masters, known as "The Legends of Belmar". We will have runners from several running clubs, including RVRR. JSRC, FARC, CJRR & Sandy Hooker Tri Club and Rumson Hash.
         You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities. We try to set up a tent with USA flag on top to share with the Wakefern Shoprite club near the La Yogurt truck.
If you have or will enter the Belmar 5, email Ken V atKenV@njlaws.com your name and bib #
                                After you register Bib # will be online.
 
  Team awards, music and Beach party, after the race at Bar Anticipation.
    Post Race Party discounts all day after the Race!
    Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
 Call Kenneth Vercammen at 732-572-0500
 
2. Termination of Child Support after College 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. Most child support Order continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
 
3. Join the Elks clubs
 
       The Metuchen YMCA is not running the Edison Community Pool this year. To join the pool for 2016, you need to join the Elks. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
    The Elks have been synonymous with charity and community for over 100 years.  They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged.  In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.        
 
ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
 
1.     Wildwood Convention
2.     Lobster Night
3.     St. Patty's Dinner
4.     Good Friday Dinner
5.     Officers Installation & Dinner
6.     Easter Egg Hunt for Children
7.     Friendship at hundreds of clubs on the USA
8.     Swim Club opening for Elks/YMCA Edison Pool
9.     Family Pool Day
10.   Beef & Brew
11.   Family Pool Night
12.   Nascar Night
13.   Soccer Shoot out for Children
14.   Halloween Party for Children
15.   Ladies Auxiliary Christmas Party
16.   Christmas Party for Children
 
       We Elks are a nationwide fraternal organization of well over a million American citizens.  We love our country and desire to preserve its cherished institutions, traditions and values.  We respect our neighbors and constantly seek to promote their well being.  We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.
 
       We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
 
       Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year.  We fund scholarships, athletic teams, summer camps, scouting, and drug education programs,  We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
 
       Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with  physical disabilities including vision and speech problems, all across the county.
 
         In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs.  This does not take into consideration donated hours equivalent to over thirty-five million dollars.
 
     In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found.  In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
 
4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social July 15, 2016
at Bar Anticipation 703 16th Ave. Lake Como/ Belmar, NJ 07719
   Free !    Sorry is this is dup but we did not want to miss anyone
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
   If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
 
Recent cases:
5. Defense to refusal where person medically unable to provide breath samples State v. Monaco__ NJ Super __ (App. Div. 2016)
 
   In affirming defendant's conviction of driving under the influence and refusal to submit to a chemical breath test, the court address two points related to the refusal conviction. First, applying State v. O'Driscoll, 215 N.J. 461 (2013), the court holds that defendant failed to present evidence that her refusal was materially affected by the failure to inform her that she would be required to install an ignition interlock if convicted. Second, the court holds that a defendant bears the burden to prove that he or she lacked the physical capacity to perform the chemical breath test. In this case, defendant maintained her asthma rendered her incapable of providing the minimum air volume. Although defendant's treating physician testified about her pulmonary function, the Law Division judge found the proofs were insufficient to establish defendant was incapable of providing the requisite air volume.
6.  New Metuchen Bishop Graduate of University of Scranton
      James Checchio was installed as the fifth Bishop of the Diocese of Metuchen mycentraljersey.com. The new bishop is a graduate of the mighty University of Scranton. He probably attended different social events than Ken Vercammen, Class of 81, and Steve V, Class of 85.

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Editorial Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken Vercammen's Summer Internship Program and currently a student at the West Virginia University College of Law. 
 
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com