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.

Friday, March 27, 2015

NJ Laws Newsletter E465

NJ LAWS EMAIL NEWSLETTER E465
Kenneth Vercammen, Attorney at Law

E465
1. Ten Estate Planning Ideas for Divorced or Separated Persons
2. Recent Cases: Driver is not subject to criminal driving while suspended if DWI suspension period expired prior to driving.
3. Court permits police to ignore guidelines requiring Alcohol influence report be given to DWI suspects. 
4.  New YouTube educational videos, Making Changes to Last Will and Testament, Pre-Trial Intervention, Conditional Discharge of First Time Drug Arrests, Defense to criminal charges committed while someone intoxicated. 

1. Ten Estate Planning Ideas for Divorced or Separated Persons     
       Under the laws of most states, if a married person dies without a Will and without children, their spouse will inherit all assets, even if they are separated from the spouse. In addition, if you have children from a previous marriage, but no Will, your separated spouse often will get half your estate. In planning, make sure your assets go to your loved ones or favorite charity, rather than a soon to be ex.. Therefore, recommend the following:
  1) Have an Elder Law attorney prepare a Will to distribute your assets to the people you care the most about. If you already have a Will, prepare a new Will and have the old Will revoked. ( Your estate planning attorney will explain this to you.)
  2) Prepare a new Power of Attorney to select someone to handle your finances if you become disabled. Have your old power of attorney revoked asap, with written notice to the ex and the attorney who drafted the original document.
   3) Prepare a new Living Will prepared
  4) Change your beneficiary on assets you may own, such as stocks, bank accounts, IRA, and other financial assets. Change your beneficiary under your own life insurance, whether whole life insurance or term insurance.  
  5) Contact your employer's human resources and change the beneficiary on life insurance, pension, stock options or other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries.
  6) Keep your personal papers at a location where family can find them and can't be stolen or destroyed by angry spouse..
  7) Have your attorney prepare a prenuptial agreement if you decide to get married again.
  8) Make sure the trustee for any funds designated for your children is the right trustee, not your former brother in law.
  9) In New Jersey and many states, if you are married and living with your spouse, under certain instances the surviving spouse has a right to elect against the Will. The disinherited spouse may like to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children.
  10) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody.     
       For single moms, they should have these documents prepared so they can select first choice as guardian for their kids. Example, select your own mother as guardian, rather than the deadbeat father who does not timely pay child support or pick up the child for visitation.

2. Driver is not subject to criminal driving while suspended if DWI suspension period expired prior to driving.  State v Perry  __ NJ Super. ___ (App. Div. 2015)Docket  A-1767 -13T2
    N.J.S.A. 2C:40-26(a) and (b) make driving while suspended under specified circumstances a fourth-degree crime, punishable by a mandatory minimum jail term of 180 days, where the underlying suspension arose from driving while intoxicated (DWI), N.J.S.A. 39:4-50, and/or refusal to submit to chemical testing, N.J.S.A. 39:4-50.4(a). The court concluded in these appeals that prosecutions under the statute can be brought only if the act of driving while suspended occurs during the court-imposed term of suspension.   
     Note- Ken V successfully represented four of the winning parties before the Law Division. The Appellate Division affirmed the well-reasoned opinion of Hon. Douglas Wolfson JSC.

3. Court permits police to ignore guidelines requiring Alcohol influence report be given to DWI suspects.  State v Sorensen  __ NJ Super. __ (App. Div. 2015) A-3797-13T4
      After the Law Division suppressed defendant's blood alcohol content (BAC) results, it sentenced her on her guilty plea to driving under the influence. Nonetheless, the State's appeal of the suppression was not barred by double jeopardy because defendant had entered a conditional plea to, and been sentenced for, the per se violation in Municipal Court.
      The Law Division suppressed the BAC results because the Alcotest operator did not give a copy of the Alcohol Influence Report (AIR) to the arrestee in the police station. Although State v. Chun, 194 N.J. 54, 82 (2008), said the operator "must" do so, that comment about recommended Alcotest procedure did not override the statutory standard only requiring the police to give a copy of the breath test results upon request. N.J.S.A. 39:4-50.2(b). In any event, the timing of copy delivery does not affect the validity of the test results. Moreover, police must advise arrestees of their ability to request a copy and to get an independent test. Therefore, suppression is not warranted in the absence of prejudice. Furthermore, a suppression remedy should not be imposed retroactively.
        Judge Sabatino concurs in the result. Given the time-sensitive dissipation of alcohol in the bloodstream, he believes Chun sensibly requires the operator to provide a copy of the AIR contemporaneously, consistent with the policies of the Attorney General and the State Police, and that the statute does not foreclose affording such added procedural protection to tested drivers. He agrees that suppression in this case and retroactive relief are not warranted
  
4.  New YouTube Educational Videos 


Pre-Trial Intervention

Conditional Discharge of First Time Drug Arrests

Defense to criminal charges committed while someone intoxicated 

More at:

Editor's Note and Disclaimer:
All materials Copyright 2015. 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

NJ Laws Newsletter E464

NJ LAWS NEWSLETTER E464
Kenneth Vercammen, Attorney at Law

E464
1.  Recent Cases: Expungement of Single Judgment Encompassing Multiple Crimes Denied. 
2.  Hearsay at Rule 104 hearing not admission at trial for confession to driving. 
3.  Calendar of  Events 
4.  New YouTube educational videos 

Recent Cases: 
1.  Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B. 436 NJ Super. 48 (App. Div. 2014).
    The court held that expungement is not permitted by N.J.S.A. 2C:52-2(a), which allows expungement for a person convicted of "a crime," where the petitioner had pleaded guilty to multiple briberies over the course of two days even though those crimes had a single purpose and even though they were memorialized in a single judgment of a conviction. 

2.  Hearsay at Rule 104 hearing not admission at trial for confession to driving. State v. Harvey (App. Div. Decided September 9, 2014)A-2921-12T1 Unreported.
   Following trial de novo on the record of the Northfield Municipal Court, the Law Division judge found defendant guilty of driving while intoxicated and sentenced him as a third-time offender.  The appellate panel finds that the procedure employed in the Law Division violated defendant's rights to procedural due process and fundamental fairness. There was no basis for a 104 hearing on this record.  Defendant was not seeking to suppress his statements to the arresting officer, nor did he assert that the officer lacked probable cause to arrest him for driving under the influence.  The officer testified at the 104 hearing that he was dispatched to a doctor's office in response to a call stating that defendant appeared intoxicated and was "gonna drive home."  Defendant made no objection to that testimony, which was not relevant to the issue before the municipal court, namely, whether defendant drank en route to the doctor's office or after he parked the pick-up truck in the parking lot.  That testimony, however, became relevant when the State advanced its alternate theory of operation before the Law Division and the judge relied on it in finding that the State proved defendant's intent to drive away from the doctor's office.  The testimony was hearsay.  The Law Division judge rejected defendant's attempt to counter those proofs with the truncated testimony in the municipal court that he had arranged for someone else to drive him home and his offer to have that person testify in the Law Division.  Because the Law Division determined that there was insufficient evidence to convict defendant under the only theory properly before it, namely that defendant drank en route to his doctor's appointment, that ruling was an adjudication on the merits of the charge entitling defendant to an acquittal. The panel reverses defendant's conviction and remands to the Law Division for entry of a judgment of acquittal.  Source Daily Briefing - 9/10/2014 

3.  Calendar of  Events
 Friday, March 13, 2015
Happy Hour & Networking Social
5:00PM - 7:00PM
Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719

Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social
Friday, March 13, 2015
 5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
    The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
       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

3/15/15  St. Paddy's 10 miler & 5k    9:30 Freehold   Keg of beer and some food   great FARC event keg is outside.

Edison Library
Wills, Estate Planning & Probate Seminar
March 24, 2015 at 7pm   Free community program
340 Plainfield Ave.
Edison, NJ 08817

WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                  (Author- Answers to Questions About Probate)

     The NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills              
2. 2015 changes in Federal Estate and Gift Tax 
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney                        
5.  Living Will                                          
6.  Administering the Estate/ Probate/Surrogate                   
7. Questions and Answer                  

        COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
         

Municipal Court College
March 30, 2015 Monday
5:30pm-9pm
New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
         Law students can attend for free  [dinner, book, CD not included.] email to customerservice@njicle.com
or call Customer Service at 732.214.8500

A guide to handling Municipal Court matters. This information-packed program is designed for attorneys and those involved in Municipal courts, such as Prosecutors, Police Judges and Court staff.

Program Agenda: 
Initial client interview; getting retained; dealing with the prosecutor -  Plus an update on the conditional dismissal program-   
Driving While Suspended -
Drug Cases and DREs
Assault and miscellaneous proceedings
DWI/Blood , Alcotest/Ignition Locks/Alcotest Refusal
 Q&A and closing comments 

Speakers: Kenneth Vercammen Esq.  Past Chair Municipal Court      Section 
Josh Reinitz, Esq.
Tara Auciello Edison Prosecutor
Norma Murgado Elizabeth & Woodbridge Prosecutor

       Call : (732)214-8500  Seminar # S96200S5
         
Sponsor: NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar Association

4.  New YouTube Educational Videos 
       We have discontinued our WCTC radio show since WCTC was charging us a $+500 per week recording fee. Instead we are recording short 2-4 minute education videos on Youtube as part of this weekly email newsletter.


Editor's Note and Disclaimer:
All materials Copyright 2015. 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, February 27, 2015

NJ LAWS NEWSLETTER E463


NJ LAWS
NEWSLETTER E463
Kenneth Vercammen, Attorney at Law

1.  Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social.  
 Recent Cases: 
2. DL suspension should not be stayed after conviction unless findings of fact.  
3. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H.  
4.  Next community events. 
5. Subscribe to our NJ Municipal Court Law Review newsletter.  
6. New YouTube educational videos 

1.  Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social
Friday, March 13, 2015
 5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
    The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
       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
         The confirmed sponsors for the March 2015 Happy Hour are NJ State Bar Association Municipal Court Section, Young Lawyers Division, Banking Law, Taxation, LGBT Rights Section, Immigration Law Section. Health Law Section, Special Civil Part Special Committee, Lawyers in Transition Committee, Fidelity and Surety Law Special Committee, Privacy Law Special Committee, Special Committee for Paralegals, New Jersey Defense Association  Board, Retired Police & Fire Middlesex Monmouth Local 9, Jersey Shore Chamber of Commerce.
 If your group, non-profit or organization wishes to co-sponsor, please contact Ken Vercammen, Edison, NJ
https://www.facebook.com/events/921987801168706

2. DL suspension should not be stayed after conviction unless findings of fact.  State v Robertson __N.J.Super.__(App. Div. 2014) A-0296-13T1
         In this appeal from a DWI conviction, the court rejects defendant's argument that the Alcotest results should have been excluded because he was denied discovery of certain repair records, which were created by the Alcotest's manufacturer, and certain downloaded data, which the State routinely erases. The court concludes the records were not discoverable under Rule 7:7-7, nor did they constitute Brady material.
         The court also addressed the unexplained decisions of both the municipal court and the Law Division to stay defendant's license suspension pending appeal. The court instructs trial courts that any stay of a license suspension after a DWI conviction should be supported by adequate findings of fact and conclusions of law, and should comply with standards governing the grant of a stay pending appeal set forth in Garden State Equality v. Doe, 216 N.J. 314, 320 (2013).

3. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H. 436 N.J. Super. 427 (App. Div. 2014)
       The court considered the application of the expungement statute, N.J.S.A. 2C:52-1 to -32, where petitioner was charged with a fourth degree offense but ultimately agreed to a violation of a statute for which he paid a civil penalty. Petitioner requested expungement of all criminal records, which was granted by the trial judge; records of the civil violation and the file of the NJSPCA were not subject to expungement.
       The State appealed, advancing numerous reasons for reversal, primarily arguing the final disposition controls whether expungement relief is available. Maintaining the initial criminal charges were part of the same file that was disposed of through a plea agreement-allowing defendant to pay a civil penalty, the State asserts expungement cannot be permitted. The court disagreed and concluded petitioner was not convicted and the final disposition was not a plea agreement. Rather, the criminal charges were dismissed. Accordingly, expungement was permitted under N.J.S.A. 2C:52-6(a).

4.  Next community events:
March 1      Belmar St. Patrick Parade  (1st Sunday)   12:30

March 2, 2015 at 1:15 Monday  
Estate Planning & Probate Seminar
 North Brunswick Chapter #3885 of AARP
North Brunswick Senior Center, 15 Linwood Place, North Brunswick, NJ 08902    [Materials distributed at 12:15]

March 7, 2015 South Amboy St. Patrick Parade -Hand out invites for Happy Hour

March 8, 2015     St Patrick Parade - Woodbridge  1:30

Friday, March 13, 2015
Happy Hour & Networking Social
5:00PM - 7:00PM  
2015 Union County Saint Patrick's Day Parade  Saturday March 14th 2015 at 1.

3/15/15  St. Paddy's 10 miler & 5k    9:30 Freehold   Keg of beer and some food   great FARC event keg is outside.

March 15, 2015 Sunday, West Orange St. Patrick Parade, Somerville St Patrick's Day Parade  Sunday March 15th, 2015 @ 1:30pm


5.  We also publish the NJ Municipal Court Law Review newsletter. I served as the Prosecutor for Cranbury Township, Middlesex County for nine years and started the NJ Municipal Court Law Review to provide attorneys, prosecutors, police officers and individuals involved in the criminal justice system with recent criminal and traffic cases.    
To subscribe, Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review.  This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.
      Vouchers accepted. Please send a stamped, self-addressed envelope for their return.  Multiple subscriptions encouraged.
      Please must send a $20.00 check payable to Vercammen & Associates, PC.

Kenneth A. Vercammen, Esq.,   
                Editor- NJ Municipal Court Law Review  
                2053 Woodbridge Ave.
                Edison, NJ 08817
                732-572-0500
               Tax ID # available

6.  We discontinued doing our weekly WCTC show due to the cost involved.  To better reach and inform our past and current clients, colleagues, and friends we will be offering New YouTube educational videos for free as part of this weekly email newsletter.

Removing an Executor of an Estate

Duty of an Executor

Post Will Instructions

Possession of Marijuana defense in NJ

NJ Estate Tax

More at:


 




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, February 11, 2015

State v Borjas Court Says Ban on Fake Government Documents Not Unconsti...

E462 1. News 12 NJ TV interviews Ken Vercammen on Breach of Contract and failure of wedding hall to refund deposit. 2. Star Ledger interviews Ken Vercammen regarding Yankees and A-Rod contract. 3. Recent cases: DWI offenses separated by more than ten years are eligible for "step-down" provision. State v. Revie 4. Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal 5. Nursing Home Patient Bill of Rights 6. Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social, Friday, March 13, 2015, 5:30PM - 7:30PM 7. New YouTube educational videos

1. News 12 NJ TV interviews Ken Vercammen on Breach of Contract and failure of wedding hall to refund deposit.
2. Star Ledger interviews Ken Vercammen regarding Yankees and A-Rod contract.
3. Recent cases:  DWI offenses separated by more than ten years are eligible for "step-down" provision. State v. Revie 
4.  Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal  
5.  Nursing  Home Patient Bill of Rights
6. Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social, Friday, March 13, 2015, 5:30PM - 7:30PM
7.  New YouTube educational videos

1. News 12 NJ TV interviews Ken Vercammen on Breach of Contract and failure of wedding hall to refund deposit.

2. Yankees vs. Alex Rodriguez: How lawyers say team could avoid paying him.
http://www.nj.com/yankees/index.ssf/2015/01/fraud_among_defenses_yankees_could_use_to_not_pay.html

 
3. Recent cases:  DWI offenses separated by more than ten years are eligible for "step-down" provision. State v. Revie __ NJ __ (2014) A-31-13
The N.J.S.A. 39:4-50(a)(3) "step-down" provision can benefit a DWI offender more than once, provided that the defendant's most recent and current DWI offenses are separated by more than ten years.  In this case, defendant should be sentenced as a second DWI offender with respect to any term of incarceration imposed, and as a third DWI offender with respect to the applicable administrative penalties.

4.  Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal  __ NJ Super.__ (App. Div.) A-3715-13T3  
     The court granted leave to examine an interlocutory order which denied defendant's motion to recuse the Bergen County judiciary from presiding over a prosecution that included a charge of conspiring to murder a Bergen County assistant prosecutor. The issue reached an acute stage when the State informed it would offer evidence at trial that defendant threatened the lives of two Bergen judges. Even though the court acknowledged the trial judge, who was not one of the threatened judges, appeared able to fairly and impartially preside, the court held that defendant is entitled to the relief sought because, in the final analysis, "justice must satisfy the appearance of justice" and a reasonable person would harbor doubts about the fairness of the proceedings.

5.  Nursing  Home Patient Bill of Rights
NJSA 30:13-8  Violations; causes of action; damages. 
    Any person or resident whose rights as defined herein are violated shall have a cause of action against any person committing such violation.  The Department of Health and Senior Services may maintain an action in the name of the State to enforce the provisions of this act and any rules or regulations promulgated pursuant to this act.  The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and punitive damages for their  violation.  Any plaintiff who prevails in any such action shall be entitled to  recover reasonable attorney's fees and costs of the action. b.  In addition to the provisions of subsection a. of this section, treble damages may be awarded to a resident or alleged third party guarantor of payment who prevails in any action to enforce the provisions of section 3 of P.L.1997, c.241 (C.30:13-3.1).
    More on Nursing  Home Patient Bill of Rights    http://elder-law.blogspot.com

6. Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social
Friday, March 13, 2015
 5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
    The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
       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
         The confirmed sponsors for the March 2015 Happy Hour are NJ State Bar Association Municipal Court Section, Young Lawyers Division, Banking Law, Taxation, LGBT Rights Section, Immigration Law Section. Health Law Section, Special Civil Part Special Committee, Lawyers in Transition Committee, Fidelity and Surety Law Special Committee, Privacy Law Special Committee, Special Committee for Paralegals, New Jersey Defense Association  Board, Retired Police & Fire Middlesex Monmouth Local 9, Jersey Shore Chamber of Commerce.
 If your group, non-profit or organization wishes to co-sponsor, please contact Ken Vercammen, Edison, NJ

7.  New YouTube educational videos


Careless driving 39:4-97



2C:17-3 Criminal mischief in NJ

More at:


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