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.

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.

Friends and clients can help us by....
Endorsing us on Linkedin 
  
https://www.linkedin.com/in/kennethvercammen
Help us with a review on Google                https://plus.google.com/100353581223417384493/posts

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

Monday, June 27, 2016

E495: 1. 2016 update Wills and Estate Planning- Free Summer Seminar Wednesday June 15, 2016; 12:15-1:00 PM 2. Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social; July 15, 2016 Friday at Bar Anticipation 3. Rule on recording Custodial interrogations reviewed State v Anthony. 4. Expert can only testify upon his own observations and not just read someone else's report. State v. Bass.

 
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NJ LAWS EMAIL NEWSLETTER E495
Kenneth Vercammen, Attorney at Law

June 10, 2016

Greetings!

In this issue:
1.  2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday June 15, 2016; 12:15-1:00 PM
2.  Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social; July 15, 2016 Friday
at Bar Anticipation
3. Rule on recording Custodial interrogations reviewed
State v Anthony.
4.  Expert can only testify upon his own observations and not just read someone else's report. State v. Bass.


1.         2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday June 15, 2016         
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 Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to a community 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- Answers to Questions About Probate)
The new 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. 2016 changes in Federal Estate and Gift Tax exemption
3. Reducing NJ Estate Tax on estates over $675,000
4. Power of Attorney                       
5.  Living Will                                           
6.  Administering the Estate/ Probate/Surrogate            
7.  Question and Answer                            

2.  Mark your calendar......... 
Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social
July 15, 2016 Friday
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !      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
    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 networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  

2016 Co-sponsors NJ State Bar Association Municipal Court Section,
Criminal Law Section
Young Lawyers Division
LGBT Rights Section
Family Law Section
Minorities in the Profession Section MIPS
Immigration Law Section
Taxation Law Section
Women in the Profession Section WIPS
Labor and Employment Law Section  
Solo and Small-Firm Section
Real Property, Trust and Estate Law Section
Federal Practice and Procedure Section
Business Law Section
Local Government Law Section
Banking Law Section
Special Committee for Paralegals
Insurance Defense Special Committee
Special Civil Part Special Committee,
Lawyers In Transition Special Committee,
School Law Special Committee
Automobile Litigation and No Fault Special Committee
Privacy Law Special Committee,
Fidelity and Surety Law Committee,
Monmouth County Bar Association
New Jersey Defense Association  
NJ Institute of Local Government Attorneys
Retired Police & Fire Middlesex Monmouth Local 9
Greater Monmouth Chamber of Commerce, Lakewood Chamber of Commerce

Recent cases
3.  Rule on recording Custodial interrogations reviewed. State v Anthony __ NJ Super __ (App. Div. 2016)
     Rule 3:17(a) provides that, "[unless one of the exceptions set forth in paragraph (b) are present, all custodial interrogations conducted in a place of detention must be electronically recorded when the person being interrogated is charged with" certain listed crimes, including murder. However, subsection (b)(vi) excepts from the recordation requirement "a statement . . . given at a time when the accused is not a suspect for the crime to which that statement relates while the accused is being interrogated for a different crime that does not require recordation[.]"
      In this case, defendant was arrested on an open motor vehicle warrant and interrogated regarding a homicide. The preliminary interrogation was not recorded, but, at some point, after concluding based on defendant's statements that he was a suspect in the homicide, investigators recorded his statement on video. The trial judge denied defendant's motion to suppress the statement and concluded there was no obligation to record the initial portion of the interrogation.
       The court construed the somewhat ambiguous provisions of the Rule and conclude that an interrogation must be recorded if, taking into account the totality of the circumstances then known to the interrogator, a reasonable police officer would have a reasonable basis to believe defendant was a "suspect" in the crime about which he was being questioned. In this case, the court concluded that the trial judge properly determined that the investigators reasonably concluded that defendant was not a suspect when the interrogation began.

4.  Expert can only testify upon his own observations and not just read someone else's report.  State v. Bass __ NJ ___ (2016)  (A-118-13)
     The limitation on defendant's cross-examination of Sinclair constituted reversible error. Defendant is entitled to a new trial on the charges of murder, attempted murder and the possession of a weapon for an unlawful purpose. In addition, the substitute expert read portions of the deceased medical examiner's autopsy report to the jury, rather than testifying based on his own observations and conclusions, which violated defendant's confrontation rights. On retrial, any expert testimony by a substitute medical examiner should conform to State v. Michaels, 219 N.J. 1, cert. denied, 135 S. Ct. 761, (2014), and State v. Roach, 219 N.J. 58 (2014), cert. denied, 135 S. Ct. 2348 (2015). Defendant was not entitled to an instruction on the use of force against an intruder because he voluntarily admitted the victims to his room.






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

Tuesday, June 07, 2016

E 494: In this issue: 1) SuperLawyers open for nomination 2) Free Seminar: Remove & Expungement of Criminal Arrests and Convictions-Free Seminar June 8, 2016 from 5:00 pm-5:45 3) 2016 update Wills and Estate Planning- Free Seminar 4) Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar

NJ LAWS EMAIL NEWSLETTER E494
Kenneth Vercammen, Attorney at Law

June 3, 2016
Greetings!

In this issue:
    1)  SuperLawyers open for nomination
    2)  Free Seminar: Remove & Expungement of Criminal Arrests and Convictions-Free Seminar June 8, 2016 from 5:00 pm-5:45
    3)  2016 update Wills and Estate Planning- Free Seminar
    4)  Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar

1. SuperLawyers open for nomination. Kenneth Vercammen was selected to the 2015 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection process detail.html.
Attorneys can submit nominations for next year at https://my.superlawyers.com/nominations.html           
   
2. Free Seminar: Remove & Expungement of Criminal Arrests and Convictions- Free Seminar June 8, 2016 from 5:00pm-5:45 
   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
    COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the Community 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- Criminal Law Forms by the American Bar Association)
  The NJ statute on expungement was revised effective April 18, 2016.  If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
   
http://www.njlaws.com/expungment-seminar.htm

More info: The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.
    Typical Court costs and Legal fees for expungement range from $1,500-$2,500.

3. 2016 update Wills and Estate Planning- Free Seminar
Wednesday June 15, 2016         
12:15-1:00 PM only

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 Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to a community 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- Answers to Questions About Probate)
The new 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. 2016 changes in Federal Estate and Gift Tax exemption
3. Reducing NJ Estate Tax on estates over $675,000
4. Power of Attorney                      
5.  Living Will                                          
6.  Administering the Estate/ Probate/Surrogate            
7.  Question 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.       

Co-Sponsor: Middlesex County Estate Planning Council

To attend or for Information: Mike McDonald 732-572-0500
or email VercammenLaw@Njlaws.com

Can’t attend?  We can email you materials
Send email to VercammenLaw@Njlaws.com

4. Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar
June 14 2016 from 1:00-2:30 PM ET. 
   ABA Webinar CE1604WEA

Topics:
   1. Preparation for Wills/Estate Planning Interviews
   2. Interviewing Clients
   3. Signing documents and Additional Estate Planning Issues
   4. Probate, Estate Administration
   5  Marketing Your Wills and Estate Administration Practice

Format: Webinar
Time: 1:00 PM - 2:30 PM ET

Credits: 1.50 General CLE Credit Hours
Panelist(s):
Kenneth A Vercammen
Moderator(s):
David M Godfrey
Sponsor(s): ABA
Commission On Disability Rights
Commission on Law and Aging
Division for Public Services
Law Practice Division
Senior Lawyers Division
Solo, Small Firm and General Practice Division
    Estate planning and administration responsibilities are often a significant part of lawyer's practice, but these issues are often time-consuming and complex. Veteran attorney Kenneth Vercammen will share how to establish and strengthen a firm's wills and estate practice. This webinar will provide step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. An essential resource for practitioners, this elder law program includes numerous forms and pertinent information to assist new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

SPECIAL OFFER Registrants will receive a 30% discount code for the E-Book Wills and Estate Administration by Kenneth Vercammen.
  http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=239721786

Also, Kenneth Vercammen had passed the test to become one of the few Municipal Court Law Attorneys.
See http://www.judiciary.state.nj.us/notices/2014/n141007d.pdf
 SUPREME COURT OF NEW JERSEY
    It is ORDERED that, pursuant to Rule 1:39-5(a), the following named attorneys, having applied to the Board on Attorney Certification and having been found qualified by the Board, are hereby authorized to designate themselves as Municipal Court Law Attorneys before the public, the bar, and the courts of this State in accordance with the Rules of this Court during their good behavior for a term of five years from the date of this Order. ….. …… Kenneth Vercammen Middlesex


Congrats Mike McDonald and Tonianne Dougherty engaged to be married.


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.

Tuesday, May 24, 2016

E 493 1) Recent cases: PTI Pre trial intervention can be reinstated. 2) Double jeopardy bars crime prosecution if a plea in municipal court. 3) Welcome Summer Law Student Law Clerks 2016 4) Free Simple Will, Power of Attorney or Living Will During Police Week. 5) Reflections on Memorial Day.

 
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NJ LAWS EMAIL NEWSLETTER E493
Kenneth Vercammen, Attorney at Law

May 19, 2016

Greetings!

In this issue:
1) Recent cases: PTI Pre trial intervention can be reinstated.
2) Double jeopardy bars crime prosecution if a plea in municipal court.
3) Welcome Summer Law Student Law Clerks 2016
4) Free Simple Will, Power of Attorney or Living Will During Police Week.
5) Reflections on Memorial Day.

Recent cases
1. PTI Pre trial intervention can be reinstated State v AS-M
__ NJ Super __(App. Div. 2016)
     The court held that a defendant terminated from the pre-trial intervention (PTI) program may be reinstated upon reconsideration. Such a reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances show the initial order terminating a defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43-13(e), including the obligation to undertake a "conscientious judgment" to (1) adequately consider whether the participant willfully violated the PTI conditions; and (2) determine whether the defendant remains a viable candidate for PTI under the original or modified PTI terms. 

2. Double jeopardy bars crime prosecution if a plea in municipal court
State v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1
   The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana.
      After defendant was indicted, he appeared pro se in municipal court via videoconference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing "practice," the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge.
      The court held that the subsequent prosecution and conviction on the indictable charge was barred under the "same evidence" test, which is still recognized under state constitutional principles. The court reasoned that the "fundamental fairness" doctrine did not apply, notwithstanding the State's failure to join the disorderly offense with the indictable charges and defendant's reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest.

3. Welcome Summer Law Student Law Clerks 2016
Nicholas C. Idler
WVU College of Law

Brian Lutz
Roger Williams Law

Adam Cardile
New York Law

4. Free Simple Will, Power of Attorney or Living Will during Police Week
      To recognize National Police Week May 10-16, Kenneth Vercammen's Law Office will provide a Free Simple Will, Living Will or Power of Attorney for active Jersey Police Officers. The details are attached. Appointments need to be scheduled by May 31.
I appreciate the service provided by police who protect my family. We want to say thank you to local police. Please call for the free probate consultation and Will. I am the co-chair of the American Bar Association ABA Estate Planning and Probate Committee. The ABA founded the "Wills for Heroes" program.
      Ken Vercammen served as the prosecutor for Cranbury Township, Middlesex County for nine years. I established the Municipal Court Law Review to provide information on recent criminal and traffic cases to New Jersey police officers. We send out an email newsletter every two weeks if you are interested.
Simple Will or Power of Attorney for Central Jersey Police Officers to honor National Police Week
       To recognize National Police Week, the Kenneth Vercammen Law Office will prepare a Simple Will for estates under $700,000 or Power of Attorney or Living Will/Advance Directive for Police Officers. We appreciate the service provided by police who protect my family. We want to say thank you to local police. I am a member of the American Bar Association. ABA has created the Wills for Heroes program.
  Call 732-572-0500 to schedule a free confidential appointment. To accommodate our schedule, all consults need to be completed by May 31.
IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):
* State law determines who gets assets, not you
* Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator
* The Judge determines who gets custody of minor children
* If you have no spouse or relatives, the State may take your property
* The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes.
* It may also cause fights and lawsuits within your family
  Call 732-572-0500 to schedule a confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. Must meet in person with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at:
www.njlaws.com/will_Questionnaire.htm

WHY SOMEONE ALSO NEEDS A POWER OF ATTORNEY?
A Power of Attorney typically permits someone to pay your bills and handle your finances if you become disabled. No one plans on disability, but it is best to prepare ahead of time. A Power of Attorney (POA) is an appointment of another person as one's agent to pay bills and handle finances during disability I served as the prosecutor for Cranbury Township, Middlesex County from 1991-1999 and continue to work closely with my friends in Law Enforcement.
KENNETH VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 vercammenlaw@njlaws.com
Contributing writer for the NJ Police Chief Magazine.
Past President Middlesex Municipal Court Prosecutors Assoc
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair- ABA Estate Planning & Probate Committee
Contributing writer for the NJ Police Chief Magazine.
Past President Middlesex Municipal Court Prosecutors Assoc
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair- ABA Estate Planning & Probate Committee

5. 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 that 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
      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 public's nonchalant observance of Memorial Day." -- VFW Memorial Day address


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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