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, February 09, 2016

E486: 1. New Expungement Law permits petitions for Expungement of arrests in shorter time periods. 2. 2016 update Wills and Estate Planning Seminar materials


In this issue:
1. New Expungement Law permits petitions for Expungement of arrests in
shorter time periods.
2. 2016 update Wills and Estate Planning Seminar materials, By Kenneth
Vercammen

1. New Expungement Law permits petitions for Expungement of arrests
in shorter time periods.

        This is an excellent law to help non-violent offenders.

         This new law establishes new expungement procedures for records and
information pertaining to crimes and offenses, including procedures for
persons who are, or previously have been, successfully discharged from the
State's special probation drug court program. It also provides shorter waiting
periods before certain records and information become expungeable.
         You can now get expungements for both the crime and the disorderly
persons convictions.

        The new law takes effect until April 18, 2016.

        The time period for expunging a Municipal Court criminal charge may be
reduced to 3 years if you can show exception circumstances. Otherwise it
stays 5 years.

         Regarding a person with a criminal conviction, that person would be
permitted to make an application with an expungement petition to the
Superior Court in the county in which the criminal conviction was adjudged.
That application could include additional, separate petitions seeking to
expunge no more than two other convictions for disorderly persons or petty
disorderly persons offenses. The application could only be filed after the
expiration of five years from the date of the person's most recent conviction,
payment of fine, satisfactory completion of probation or parole, or release
from incarceration, for the crime or for any disorderly persons or petty
disorderly persons offense, whichever is later (the waiting period under
current law for a criminal conviction expungement is ordinarily 10 years).
Alternatively, the court could grant an expungement on the application if less
than five years has expired from the payment of any fine but the five-year
waiting period is otherwise satisfied, and the court finds that the person
substantially complied with any payment plan for that fine or could not do so
due to compelling circumstances.
          Regarding a person with a conviction for a disorderly persons or petty
disorderly persons offense, but no criminal conviction, that person would be
permitted to make an application with an expungement petition to the
Superior Court concerning that offense following a procedure similar to that
used for criminal convictions. The application, like an application
concerning a criminal conviction, could include additional, separate petitions
seeking to expunge no more than two other convictions for disorderly
persons or petty disorderly persons offenses. The application could only be
filed after the expiration of three years from the date of the person's most
recent conviction, payment of fine, satisfactory completion of probation or
parole, or release from incarceration for any disorderly persons or petty
disorderly persons offense, whichever is later (the waiting period on
convictions for such offenses under current law is five years). Alternatively,
the court could grant an expungement on the application if less than three
years has expired from the payment of any fine but the three-year waiting
period is otherwise satisfied, and the court finds that the person substantially
complied with any payment plan for that fine or could not do so due to
compelling circumstances.
          Regarding a person with an arrest or charge that did not result in a
conviction or finding of guilt, whether the proceedings were dismissed, or
the person acquitted or discharged, upon a person presenting an application
for expungement:
 (1) if the proceedings took place in Superior Court, the court, at the time
of dismissal, acquittal, or discharge, would order the expungement of all
records and information relating to the arrest or charge; or
 (2) if the proceedings took place in municipal court, the municipal court
would provide the person with appropriate documentation to transmit to the
Superior Court to request an expungement, and the Superior Court, upon
receipt of the documentation with an expungement request would take action
to order the expungement of all records and information relating to the arrest
or charge. A person seeking such an expungement of municipal court
matters would not be charged an application fee for taking such action.
           An expungement related to a dismissal, acquittal, or discharge without a
conviction or finding of guilt would not be available whenever the dismissal,
acquittal, or discharge resulted from a plea bargaining agreement involving
the conviction of other charges. However, this bar on such expungements
would no longer apply once the conviction connected to the plea bargain was
itself expunged.
            If the person did not apply for an expungement related to a dismissal,
acquittal, or discharge at the time such action occurred, the person could, at
any time following the disposition of proceedings, present to the Superior
Court in the county in which the disposition occurred an application with a
duly verified petition, containing relevant details concerning the applicant
and the arrest or charge for which the expungement is sought. The person,
pursuing this "after the fact" expungement application, would also not be
charged an application fee.
            A copy of any Superior Court order of expungement related to a
dismissal, acquittal, or discharge would be presented to the appropriate court
and the prosecutor. The prosecutor would then be responsible for promptly
distributing copies of the expungement order to appropriate agencies with
custody and control of the records specified in the order so that they may be
properly expunged.
           Regarding a person who is, or was prior to the effective date of the law,
successfully discharged from the State's special probation drug court
program, the law would permit the Superior Court that had sentenced the
person to the program to expunge all records and information relating to
prior arrests, detentions, convictions, and proceedings for any offense
enumerated in the Criminal Code, Title 2C of the New Jersey Statutes,
existing at the time of discharge from the program. However, the person
would not be eligible for such an expungement action if the person's records
include a conviction for any offense barred from expungement pursuant to
N.J.S.2C:52-2.
         For a person who is successfully discharged on or after the effective date
of the law, the person would only be eligible to have all prior matters
expunged if the person was not convicted of any crime, disorderly persons
offense, or petty disorderly persons offense during the term of special
probation. For a person who was successfully discharged prior to the
effective date of the law, the person would only be eligible to have all
matters expunged that existed at the time of discharge from the program if
the person has not been convicted of any crime or offense since the person's
date of discharge.
           The Superior Court would grant the person successfully discharged from
the special probation drug court program the relief of expungement, unless it
finds that the need for the availability of the records and information
outweighs the desirability of having the person freed from any disabilities
associated with their availability. The person would not be charged any fee
for such an expungement action.
           Lastly, regarding the continued availability of any expunged records and
information, the law updates the statutory list of parties within the criminal
justice system that may still view such records and information. Along with
courts, county prosecutors, the Probation Division of the Superior Court, and
the Attorney General, the Pretrial Services Program making pretrial release
recommendations on certain persons undergoing the release determination
process set forth in sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et
seq.) would also be able to examine expunged records and information.
         As amended and reported, this law is identical to Assembly Law Nos.
206, 471, 1663, 2879, 3060, and 3108 (ACS/2R), as also amended and
reported by the committee. SENATE, No. 2663
More info on hiring an attorney for an expungement
at http://www.njlaws.com/expungement.html

2. 2016 update Wills and Estate Planning Seminar materials
 By Kenneth Vercammen


1. Federal Estate Tax exemption increased to $5,450,000 in 2016 so no
Federal Estate Tax. However, New Jersey taxes estates over $675,000
2. Gifts permitted without Federal Estate & Gift tax remains at $14,000 per
person.
3. We recommend Self- Proving Wills since witnesses to Will often move or
pass away
4. Non-formal writings could be Wills under the Probate Law
5. Undue influence: Recent cases can void Will signed under suspicious
circumstances
6. NJ Inheritance tax
7. Power of Attorney
8. Federal Health Privacy Law (HIPAA)
9. Competency required to sign a Will or Power of Attorney
 10 Organ donor facts

          1. Federal Estate Tax exemption increased to $5,430,000 in 2015 so no
Federal Estate Tax. However, New Jersey taxes estates over $675,000.
          New Jersey has an Estate Tax on amounts over $675,000. So, even if
no Federal Estate Tax due, the estate must still file a Federal Estate Tax
Return, plus NJ Estate Tax Return.
So, for an unmarried or widowed person with assets of $1,000,000, there is
No Federal Estate Taxes, but the Estimated State Estate Tax: $33,200.00
For an unmarried or widowed person with assets of $1,500,000, estimated NJ
Estate Tax is over $60,000.
The Federal Tax rate on estates over $5,340,000 was increased from 35% to
40%.
        How to avoid NJ Estate Tax- hire an attorney to set up a personal
residence trust or irrevocable trust and have the assets taken out of your
name and put into a trust or given to children and grandchildren in the trust.
Minimum fees for trust are $3,000. This is probably not something a nonattorney
can do on their own. It is illegal for a non-attorney to provide legal
advice or prepare most legal documents.

2. Gifts permitted without Federal Estate & Gift tax remained at $14,000 per
person. However, the amount permitted for Medicaid transfers is zero.

3. We recommend Self- Proving Wills since witnesses often move or pass
away
         An old New Jersey Probate law required one of the two witnesses to a
Will to travel and appear in the Surrogate's office and sign an affidavit to
certify they were a witness. This often created problems when the witness
was deceased, moved away, or simply could not be located. Some witnesses
would require a $500 fee to simply sign a surrogate paper. My
Grandmother's Will was not self- proving, and the witness to Will extorted a
$500 fee.
        The New Jersey Legislature later passed a law to create a type of Will
called a "Self-Proving Will." In such a Will, the person for whom the Will is
made must sign. Then two witnesses sign. Then the attorney or notary must
sign; with certain statutory language to indicate the Will is self-proving.
Beware of online documents not prepared by an attorney
        When done properly, the executor does not have to locate any
witnesses. This usually saves time and money. If your Will is not "selfproving"
or if you are unsure, schedule an appointment with an elder law
attorney. Some law offices ignore the revised law, and fail to prepare self
proving Wills. Do not use a law office that follows old methods and does not
do a self-proving Will.

4. NJ SENATE Law No. 708 made a number of substantial changes to the NJ
Probate Law.
       Non-formal writings could be Wills under the Revised provisions governing
the administration of estates and trusts in New Jersey. So make sure you
have a Formal Will drafted by an estate attorney.
        The law expanded situations where writings that are intended as Wills
would be allowed, but requires that the burden of proof on the proponent
would be by clear and convincing evidence. Possibly a Christmas card with
handwritten notes could be presented as a Will or Codicil.
        To present a non-formal Will or writing requires an expensive Complaint
and Order to Show Cause to be filed in the Superior Court, and a hearing in
front of a Superior Court Judge.
        Be careful; have a Will done properly by an experienced attorney.
        Beware of the "Elective share" rights of a new spouse. Have a Prenuptial
Agreement if entering into a 2nd marriage
       The elective share provisions of the present Code has still not been
changed yet. Currently, the new spouse who is not given money in a Will
can challenge the terms of the Will. This is called "electing against the Will
by a spouse". A spouse could receive up to 1/3 of the estate, even if only
married for 2 weeks. The spouse must file a Caveat or lawsuit in Superior
Court. We suggest a formal prenuptial agreement in 2nd marriage situations.
 A Testator now means both male and female individuals, removing
the term "Testatrix". Will forms that say executrix should not be used.
         The law provides a statute of limitations with respect to creditor claims
against a decedent's estate. There is no longer a need to publish a Notice
Limiting Creditors.

5. NJ Courts affirmed a Will could be voided if signed under suspicious
circumstances
        When there is a confidential relationship coupled with suspicious
circumstances, undue influence is presumed and the burden of proof shifts to
the Will proponent to overcome the presumption.
 If there is undue influence in making of Will and transfer by Deed of a
house by persons in Confidential relationship, this could subject those
persons to punitive damages in some instances, plus voiding of the Will.
 A grievance based upon undue influence may be sustained by showing
that the beneficiary had a confidential relationship with the party who
established the account. See Estate of DeFrank, 433 N.J. Super. 258, (App.
Div. 2013) Accordingly, if the challenger can prove by a preponderance of
the evidence that the survivor had a confidential relationship with the donor
who established the account, there is a presumption of undue influence,
which the surviving donee must rebut by clear and convincing evidence.
        Although perhaps difficult to define, the concept "encompasses all
relationships 'whether legal, natural or conventional in their origin, in which
confidence is naturally inspired, or, in fact, reasonably exists.'" Pascale v.
Pascale, 113 N.J. 20, 34 (1988) (internal citation omitted). "And while family
ties alone may not qualify, parent-child relationships have been found to be
among the most typical of confidential relationships." DeFrank, supra, slip
op. at 13 (citing Ostlund, supra, 391N.J. Super. at 401).
        In the context of inter vivos gifts, "a presumption of undue influence
arises when the contestant proves that the donee dominated the will of the
donor or when a confidential relationship exists between the donor and
done." Pascale, supra, 113 N.J. at 30 (internal citations omitted). "Where
parties enjoy a relationship in which confidence is naturally inspired or
reasonably exists, the person who has gained an advantage due to that
confidence has the burden of proving that no undue influence was used to
gain that advantage," In re Estate of Penna,322 N.J. Super. 417, 423 (App.
Div. 1999), and "the donee has the burden of showing by clear and
convincing evidence not only that 'no deception was practiced therein, no
undue influence used, and that all was fair, open and voluntary, but that it
was well understood.'" In re Estate of Mosery, 349 N.J. Super. 515, 522-23
(App. Div. 2002) (citing In re Dodge, 50 N.J. 192, 227 (1967)).
The person receiving gifts and greater benefit had a burden to show no
deception was practiced and that all of the transactions were fair, open and
voluntary, and that they were well understood.
          Wills should be prepared without undue influence. No one other than the
person who is signing the Will should be in the room. We request the person
who wants the Will to fill out the interview form themselves.

6. NJ Inheritance tax
           The NJ Inheritance Tax Return instructions and NJ Estate Tax Forms
were revised. Don't use old forms. Even if no inheritance tax due, a Tax
Waiver on a house must still be obtained and filed if the house was not coowned
by the spouse.

7. Power of Attorney- Do not use a form purchased online.
          A Power of Attorney should contain reference to the NJ statute requiring
banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c.
46:2B-11).

8. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared
          A federal regulation known as the Health Insurance Portability and
Accountability Act (HIPAA) was adopted regarding disclosure of
individually identifiable health information. This necessitated the addition of
a special release and consent authority to all healthcare providers before
medical information will be released to agents and interested persons of the
patients.
           The effects of HIPAA are far reaching, and can render previously
executed estate planning documents useless, without properly executed
amendments, specifically addressing these issues.
           Any previously executed Powers of Attorney, Living Wills, Revocable
Living Trusts, and certainly all Medical Directives now require HIPAA
amendments. After you sign the Living Will in your attorney's office,
provide a copy to your doctor and family.
          Powers of attorneys and Living Wills should be updated to reference
this new law. More information on the HIPAA law
at http://www.njlaws.com/hipaa.htm

9. Competency required to sign a Will or Power of Attorney
          Attorneys cannot prepare a Power of Attorney, Will or any other legal
document unless a person is mentally competent. If someone is unable to
come into our office, we require the client or client's family to have the
treating Doctor sign the "Doctor Certification of Patient Capacity to Sign
Legal Documents" It is the client or client's family's responsibility to contact
the doctor, obtain the signed Certification at the clients' expense, and then
provide the law office with the original signed Certification. A Law Office
cannot accept phone calls stating someone is competent. Therefore, it is wise
do have your documents drafted while you can drive and are healthy.

10. Organ Donor Facts
         Our Living Wills have been revised to include an Organ donor
selection. Please also sign an organ donor card and register to be an organ
donor, even eyes, with https://www.njsharingnetwork.org. Ken V signed an
organ donor card and also is a volunteer in a medical study using donated
knee cartilage to fix knee damage from 40 years of competitive running and
triathlon, Tae Kwon Do and other sports.

         Who can be a donor? People of all ages and medical histories should
consider themselves potential donors. Your medical condition at the time of
death will determine what organs and tissue can be donated.
          Does my religion support organ and tissue donation? Every major
religion in the United States supports organ and tissue donation as one of the
highest expressions of compassion and generosity.
         Is there a cost to be an organ, eye and tissue donor? There is no cost
to the donor's family or estate for donation. The donor family pays only for
medical expenses before death and costs associated with funeral
arrangements.
         Does my social and/or financial status play any part in whether or
not I will receive an organ if I ever need one? No. When you are on the
transplant waiting list for a donor organ, what really counts is the severity of
your illness, body size, tissue type, blood type and other important medical
information.
         Why should I register to be an organ and tissue donor? Organ andtissue transplants offer patients a new chance at healthy, productive, and
normal lives and return them to their families, friends and communities. To
learn more or to register to become an organ and tissue donor,
visit www.NJSharingNetwork.org. Also contact your attorney to have a
Living Will/ Advance Directive prepared.

http://www.njlaws.com/EstatePlanning.htm

NJ Estate                    NJ Estate Tax Due
$700,000                    $9,250
750,000                      20,399
800,000                      22,799
850,000                      25,199
900,000                      27,600
950,000                      30,400
1,000,000                   33,200
1,050,000                   36,000
1,100,000                   38,800
1,150,000                   42,000
1,200,000                   45,200
1,250,000                   48,400
1,300,000                   51,600
1,350,000                   54,800
1,400,000                   58,000
1,450,000                   61,200
1,500,000                   64,400
1,550,000                   67,600
1,600,000                   70,800
1,650,000                   74,400
1,700,000                   78,000
1,750,000                   81,600
1,800,000                   85,200
1,850,000                   88,800
1,900,000                   92,400
1,950,000                   96,000
2,000,000                   99,600

 The Federal Estate Tax applicable exclusion amount is
$1,500,000 (2004-2005),
$2,000,000 (2006-2008),
$3,500,000 (2009),
$5,000,000 (2010-2011),
$5,250,000 (2013), $5,340,000 (2014),
$5,430,000 (2015),
and $5,450,000 (2016)

Beginning January 1, 2011, estates of decedents survived by a spouse may
elect to pass any of the decedent's unused exclusion to the surviving spouse.
       This election is made on a timely filed estate tax return for the decedent with
a surviving spouse. Note that simplified valuation provisions apply for those
estates without a filing requirement absent the portability election. See the
Instructions to Form 706 for additional information.
Exclusions
* The annual exclusion for gifts is
* $11,000 (2004-2005),
* $12,000 (2006-2008),
* $13,000 ( 2009-2012)
* and $14,000 (2013-2016).
The applicable exclusion amount for gifts is
$1,000,000 (2010),
$5,000,000 (2011),
$5,120,000 (2012),
$5,250,000 (2013),
$5,340,000 (2014),
$5,430,000 (2015),
and $5,450,000 (2016).


 More information on Wills and Probate at
http://njwillsprobatelaw.com and
www.CentralJerseyElderLaw.com

Remember to order your Super Bowl sandwiches from Craig's Deli, II, 2045
Woodbridge Avenue, Edison, NJ. Phone: 732-287-9299

If you are happy with our services, please be sure to:
Like us and post your testimonial on Facebook:
 https://www.facebook.com/Kenneth-Vercammen-Associates-PCLaw-Office-Edison-NJ-08817-149816077985/

Endorse us on LinkedIn:
https://www.linkedin.com/in/kennethvercammen

Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is
participating in Ken Vercammen's Fall Internship Program and
currently attends Kean University.

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

Monday, January 11, 2016

E485: 1. 2016 update Wills and Estate Planning- Free Seminar, January 13, 2016; Wednesday 12:15PM-1PM and again 5:15PM-6PM at the Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817. 2. Major Change in law permits car search if police have probable cause to believe that the vehicle contains contraband or evidence of crime. Warrantless auto search permitted on probable cause in lengthy opinion.


NJ LAWS EMAIL NEWSLETTER E485
Kenneth Vercammen, Attorney at Law

January 8, 2016

In this Issue:
1. 2016 update Wills and Estate Planning- Free Seminar, January 13, 2016; Wednesday 12:15PM-1PM and again 5:15PM-6PM at the Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817.

2. Major Change in law permits car search if police have probable cause to believe that the vehicle contains contraband or evidence of crime. State v. Witt __ NJ __ (2015) Warrantless auto search permitted on probable cause in lengthy opinion.    

E485
 
1. 2016 update Wills and Estate Planning- Free Seminar, January 13, 2016; Wednesday 12:15PM-1PM and again 5:15PM-6PM at the Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817.
 
COST: Free if you pre-register by email. Complimentary materials will be provided at 12:00PM Sharp.  We previously held this seminar for the Metuchen and Edison Adult Schools.  The program is limited to 15 people.  Please bring a canned food donation, which will be given to a community food bank.  For attorneys, a more detailed program will be held April 18th from 5:00PM to 9PM at the NJ Law Center. 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 NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
 
2. Major Change in law permits car search if police have probable cause to believe that the vehicle contains contraband or evidence of crime. State v. Witt __ NJ __ (2015) Warrantless auto search permitted on probable cause.
 
       The NJ Supreme Court Held: exigent-circumstances standard set forth in Pena-Flores is unsound in principle and unworkable in practice. Citing Article I, Paragraph 7 of New Jersey's State Constitution, the Court returns to the standard articulated in State v. Alston, 88 N.J. 211 (1981), for warrantless searches of automobiles based on probable cause: The automobile exception authorizes the warrantless search of an automobile only when the police have probable cause to believe that the vehicle contains contraband or evidence of an offense and the circumstances giving rise to probable cause are unforeseeable and spontaneous.
 
In this appeal, the Court addresses the constitutional standard governing an automobile search and considers whether to continue to follow the standard set forth in State v. Pena-Flores, 198 N.J. 6 (2009). 
 
Defendant William L. Witt was charged in an indictment with second-degree unlawful possession of a firearm and second-degree possession of a weapon by a convicted person. The police initiated a stop of defendant's car because he did not dim his high beams when necessary, and a search of his vehicle uncovered the handgun. 
 
Defendant moved to suppress the gun on the ground that the police conducted an unreasonable search in violation of the New Jersey Constitution. Defendant's sole argument was that the police did not have exigent circumstances to justify a warrantless search of his car under Pena-Flores. At the suppression hearing, Officer Racite testified that at approximately 2:00 a.m., while providing backup for a motor-vehicle stop, he observed a car pass with its high beams on. 
 
The officer explained that a car must dim its high beams "as vehicles approach." Thus, Officer Racite stopped the vehicle, and requested backup. Defendant, the driver, appeared intoxicated and was asked to exit his car. Defendant then failed field-sobriety and balance tests, and Officer Racite arrested him for driving while intoxicated. Defendant was handcuffed and placed in the back of a patrol car. While Officer Racite searched defendant's vehicle for "intoxicants," he found a handgun in the center console. With Pena-Flores as its guide, the trial court found as follows: the officer had a right to stop defendant's car based on an "unexpected" occurrence and had probable cause to search for an open container of alcohol, but did not have "sufficient exigent circumstances" to conduct a warrantless search. Accordingly, the court suppressed the handgun. 
 
       The Appellate Division granted the State's motion for leave to appeal and affirmed the suppression of the gun "because of the utter absence of any exigency to support the warrantless vehicle search that occurred," and "because there was no justification for this motor vehicle stop." 435 N.J. Super. 608, 610-11 (App. Div. 2014). The panel declined to address the State's argument that the exigent-circumstances test in Pena-Flores "should be replaced because it has proved to be unworkable and has led to unintended negative consequences," explaining that, as an intermediate appellate court, it had no authority to replace Pena-Flores with some other legal principles.

        The panel also agreed with defendant's argument, raised for the first time on appeal, that Officer Racite did not have a reasonable and articulable suspicion to stop defendant because the relevant statute (N.J.S.A. 39:3-60) requires drivers to dim their high beams only when approaching an oncoming vehicle within 500 feet.
 
          Resolution of the issue before the Court implicates the doctrine of stare decisis. Because stare decisis promotes consistency, stability, and predictability in the development of legal principles and respect for judicial decisions, a "special justification" is required to depart from precedent. That said, stare decisis is not an inflexible principle depriving courts of the ability to correct their errors. Among the relevant considerations in determining whether to depart from precedent are whether the prior decision is unsound in principle and unworkable in practice. The Court, therefore, turns to consider whether Pena-Flores is furthering the constitutional values that are protected by the New Jersey Constitution and whether there is "special justification" for departing from it.  
 
      The use of telephonic search warrants has not resolved the difficult problems arising from roadside searches, as the Court expected when it decided Pena-Flores. Prolonged encounters on the shoulder of a crowded highway may pose an unacceptable risk of serious bodily injury and death to both police officers and citizens. Moreover, the seizure of the car and the motorist's detention may be a greater intrusion on a person's liberty interest than the search is on a person's privacy interest. Finally, the dramatic increase in the number of consent searches since Pena-Flores is apparently an unintended consequence of that decision, reflecting the difficulty presented to police officers by the Pena-Flores multi-factor exigent-circumstances standard. The Court is concerned about consent searches in such great numbers, particularly in light of the historic abuse of such searches and the coercive effect of a search request made to a motorist stopped on the side of a road. The Court, therefore, concludes that the current approach to roadside searches premised on probable cause places significant burdens on law enforcement without any real benefit to the public. 
 
        Although the Court determines that the exigent-circumstances standard set forth in Cooke and Pena-Flores is unsound in principle and unworkable in practice, it does not adopt the federal standard for automobile searches because it is not fully consonant with the interests embodied in Article I, Paragraph 7 of the State Constitution. The Court returns to the Alston standard, which states that the automobile exception authorizes the warrantless search of an automobile only when the police have probable cause to believe that the vehicle contains contraband or evidence of an offense and the circumstances giving rise to probable cause are unforeseeable and spontaneous. The Court's decision limits the automobile exception to on-scene warrantless searches, unlike federal jurisprudence, which allows a police officer to conduct a warrantless search at headquarters merely because the officer could have done so on the side of the road. 
 
     The Court's decision is a new rule of law to be applied prospectively. Therefore, for purposes of this appeal, Pena-Flores is the governing law. However, going forward, the exigent-circumstances test in Cooke and Pena-Flores no longer applies, and the standard set forth in Alston for warrantless searches of automobiles based on probable cause governs. 

      The judgment of the Appellate Division is AFFIRMED, and the matter is REMANDED to the trial court for proceedings consistent with this opinion. 
 
      Editorial Assistance provided by Dhruv Patel.  Mr. Patel currently attends Rutgers University and is participating in Kenneth Vercammen's Winter Break Internship Program.
If you are happy with our services, please be sure to: 

Like us and post your testimonial on Facebook:
 https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

Endorse us on LinkedIn:
https://www.linkedin.com/in/kennethvercammen

Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is participating in Ken Vercammen's Fall Internship Program and currently attends Kean University. 
 
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, January 07, 2016

E484: 1. New Year's Resolution - Put your Estate Planning in order. 2. Next Event: 2016 update Wills and Estate Planning- Free Seminar. 3. Recent Cases: Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S. 4. No good faith exception to improper arrest. State v. Shannon.



In this Issue:

1.   New Year's Resolution - Put your Estate Planning in order.
2.   Next Event: 2016 update Wills and Estate Planning- Free Seminar     
3.  Recent Cases: Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S.   
4.  No good faith exception to improper arrest. State v. Shannon

1.   New Year's Resolution - Put your Estate Planning in order.

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

   Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

    This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.

    Please let us know if you want a Living Will/ Advance Directive prepared.
I would like to thank my friends for another good year in 2015, despite the bad economy. This year was our single best year for referrals. So many of you were kind enough to tell others about our services.

    Since 1985 [ 30 years], I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients.

 Thank you for referring friends and family.

May the New Year 2016 bring happiness and good health to you and those you love.

2. Next Event

2016 update Wills and Estate Planning- Free Seminar                     
January 13, 2016  Wednesday 12:15-1:00 PM and again
  5:15pm-6pm
 at Law Office of Kenneth Vercammen, 
 2053 Woodbridge Ave, Edison, NJ 08817

3. Recent Cases: Can't expunge multiple crimes. In the Matter of the Expungement Petition of J.S. 223 NJ 54 (2015)   
      The plain language of N.J.S.A. 2C:52-2(a) precludes expungement of convictions when the petitioner has been convicted of multiple crimes, even when those crimes occurred within a short span of time. If you have a prior criminal charge, contact a Certified Attorney by the Supreme Court to determine if your are eligible to expunge past criminal charges or guilty pleas.

4. No good faith exception to improper arrest. State v. Shannon 222 NJ 576 (2015)  
     The judgment of the Appellate Division is affirmed by an equally divided Court. The arresting officer's good faith belief that a valid warrant for defendant's arrest was outstanding cannot render an arrest made in the absence of a valid warrant or probable cause constitutionally compliant. 


Polar Bear Runners Take Swim in Ocean every year after the Polar Bear 5k in Asbury Park
      On of my favorite past photos: Bob Tona, Ken Vercammen and Lauren Rhatigan swimming in snow storm in the Ocean 12/26/2010 Asbury Park

  Editorial Assistance provided by Michelle Kraidman.  Ms.Kraidman currently attends Binghamton University and is participating in Kenneth Vercammen's Winter Law Internship Program.  
If you are happy with our services, please be sure to: 

Like us and post your testimonial on Facebook:
 https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

Endorse us on LinkedIn:
https://www.linkedin.com/in/kennethvercammen

Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is participating in Ken Vercammen's Fall Internship Program and currently attends Kean University. 
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, December 30, 2015

E483 news 1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney 2. Season's Greetings Worldwide 3. Next Events

NJ LAWS EMAIL NEWSLETTER E483
Kenneth Vercammen, Attorney at Law

December 21, 2015

In this issue:
1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney  
2. Season's Greetings Worldwide 
3.  Next Events
 
1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney
      During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
*A Simple Will without Trust
* Follow up legal advice
*A 2-year subscription to the NJ Laws Email News
- All for only $350.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills:
http://www.njlaws.com/wills.htm
Power of Attorney:
http://www.njlaws.com/power_of_attorney.htm
         A portion of your Will and Estate Planning is tax deductible for income tax purposes. Do your Estate Planning prior to December 31 and a portion of your fees can be written off on your taxes as Estate Tax Planning.

2.  Season's Greetings Worldwide
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
My favorite: Singing Yellow Lab puppies like Lexi dog
Caroling Canines!
https://www.youtube.com/watch?v=-k2xqOTgYMY
           We hope you have enjoyed the NJ Laws Newsletter, produced by Law Office. We spend hundreds of hours each year researching relevant cases, new laws and creating website articles for our clients and readers. We mailed to clients our 2016 American Flag calendar to clients.
         After December 27 we will have some additional American Flag calendars available. If you would like additional copies to give to friends, family or co-workers, stop in our office. Share the Flag and support the USA- America is #1.

3.  Next events

  12/27 Polar Bear 5k Asbury Park and free optional Ocean swim
Jan 9 2016 Frozen Winter Trail Run
            3 & 5 MILE GROUP RUN

Sat. Jan. 9, 2016  10:17am
New Start Location: Secret Mystery wooded area North Brunswick
http://www.active.com/north-brunswick-nj/running/trail-run-races/frozen-winter-trail-run-2016


2016 update Wills and Estate Planning-Free Seminar                                     January 13, 2016  Wednesday 12:15-1:00 PM & again 5:15pm-6pm
at Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
     
Please Like Us on Facebook: https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/?pnref=lhc

 Endorse us on Linkedin:                                                                                     https://www.linkedin.com/in/kennethvercammen
Endorse us on Google, Avvo, Yelp and Superpages
    
       If you, friends and co-workers need an attorney, please contact us immediately. We shall do our best to justify your recommendation. As a free additional service to you we will hold our client file in storage for seven years. All confidential papers will be destroyed after that time.

If you are happy with our services, please be sure to:

Like us and post your testimonial on Facebook:
 https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

Endorse us on LinkedIn:
https://www.linkedin.com/in/kennethvercammen

Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is participating in Ken Vercammen's Fall Internship Program and currently attends Kean University.


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

Sunday, December 20, 2015

Seasons Greetings and Merry Christmas from the Vercammen family.



   Seasons Greetings and Merry Christmas from the Vercammen family.
In the true spirit of the holiday and Christmas season, may we all be thankful and share in the hope for peace on earth and goodwill toward all. 
In 2015 I celebrated my 30-year anniversary of graduation from law school and passing the bar. Time flies! 
During this Holiday season I thank our past clients, friends, business professionals, runners and family for their friendship, goodwill and enjoyable events we have shared over the past 30 years. 
We invite friends, homeowners and your guests to the "2016 Update-Wills and Estate Planning” Seminar on Wed, January 13 from 12:15-1:00PM also offered 5pm-5:45. Please email us if you plan on attending or if you would like us to email the materials. Our only request is that you bring a canned food donation for a local Food Bank. Free sandwiches. The program for attorneys will be held in April.
The year 2015 was a great year. The American Bar Association has released my 3rd book called “Wills and Estate Administration.” I previously wrote “Criminal Law Forms” which is used by both ABA and NJ Bar Assoc in the training of attorneys. I continue to serve as co-chair of the Estate Planning and Probate Committee of the ABA and was a speaker at their Annual Convention.

We are very fortunate to celebrate in the accomplishments of our children. My son Brendan finished a Masters degree at Kean and has started Dental School at Midwestern outside Chicago. My daughter Shannon is in her senior year at the University of Delaware and a Dean’s list student.

Tuesday, November 24, 2015

NJ Laws Email Newsletter E482

NJ LAWS EMAIL NEWSLETTER E482
Kenneth Vercammen, Attorney at Law
November 24, 2015

In this issue:
1.  Happy Thanksgiving!
2. Estate Planning referenced in the Bible Isaiah 38:1.
3. Do Your Estate Planning Before the End of the Year
4. Recent case can’t expunge multiple crimes. In the Matter of the Expungement Petition of J.S.
5. No good faith exception to improper arrest State v. Shannon
6. Next Charity Races
7. ABA’s new book “Wills and Estate Administration” By Kenneth Vercammen, Esq.
8. Latest YouTube Videos


E482


1. Happy Thanksgiving!


     Thanksgiving Day is a time to reflect and express gratitude for all the good things that we have in our lives and give thanks.   I would like to thank you for giving us the opportunity to help you and your family meet your goals so you can concentrate your efforts on the important people and causes in your life. I recently published my 3rd book for the American Bar Association. This is our book acknowledgement:

     My most important thanks is to my wife Cynthia who helps me with everything. She handles the layout for the New Jersey Wills and Estate Planning News and NJ Municipal Court Law Review as well as our law office brochures. Cynthia let me work on the book and revising forms during the Fall and weekends while she took care of the house, the children, and the finances. It is great to have a loving wife. She supports almost everything I do. She agreed to travel to ABA meetings and even attended my early seminars. We have been together more than 25 years.

        I am grateful for my children, Brendan and Shannon. Both are exceptional students on scholarship at college. I enjoyed watching as they excelled in sports and academics. Working as a criminal lawyer, I am often saddened to see good parents who have a child who is always in trouble. I am blessed by having great kids.

My parents, Al and Carol, taught me right from wrong and continue to be available to help, whether it’s been helping out with the kids or bringing food at Christmas. Our new family dog, Lexi is excited every morning to go for a run in the park to chase squirrels and other animals. The dog makes definitely makes life more enjoyable.

Thank you to my long-time staff office manager, Mike McDonald who runs the office smoothly so I can work on the book.

        I thank Jay Foonberg who invented marketing as an ABA Topic. He is the Babe Ruth of client development. Jay Foonberg agreed to serve as a speaker for my first Annual Meeting seminar in 1994 and has given me guidance every year. I recommend every attorney buy and read his books, “How to Start and Build a Law Practice” and “Getting and Keeping Good Clients”. His books were the basis for my success. Read his book once a year to remind you who pays the bills.

      I would like to thank Martin Spigner Esq. of Cranbury, NJ who provides tax advice to me and handles the referrals of estate tax issues. We have used his Irrevocable Trust form in this book. I appreciate the guidance of Tom Begley Jr. who served as a speaker with me for over a decade for the NJ Bar. Charles Sabatino, Chair of the ABA Commission on Aging has been available to help me.

     I am grateful for our clients. Finally I thank the thousands of attorney who have attended programs I have served as a speaker and who have found the program material were provided to be useful.


2. Estate Planning referenced in the Bible Isaiah 38:1.


New American Standard 1977:

     In those days Hezekiah became mortally ill. And Isaiah the prophet the son of Amoz came to him and said to him, “Thus says the LORD, ‘Set your house in order, for you shall die and not live.’”


Jubilee Bible 2000:

     In those days was Hezekiah sick unto death. And Isaiah the prophet, the son of Amoz came unto him and said unto him, Thus saith the LORD, Set thine house in order, for thou shalt die and not live.


King James 2000 Bible:

     In those days was Hezekiah sick unto death. And Isaiah the prophet the son of Amoz came unto him, and said unto him, Thus says the LORD, Set your house in order: for you shall die, and not live.


3. Do Your Estate Planning Before the End of the Year


Original source Martin M. Shenkman, PC

Summary: This is the year of the estate plan. Here's some tips to make it really happen for you and your heirs:

     If you snooze you lose: Lots of folks have waited waaaay toooo long to address estate planning. Many are finding out the hard way that most good advisers are too booked to help 'em. But lots of folks that think they are well along the estate planning path are still asleep at the switch and haven't followed up on many critical and time sensitive components of what they (not their advisers) have to follow up on to get their deals done. The hand holding your CPA, attorney, wealth manager may have given you for planning in a prior year just ain't happening this round. Everyone that is any good is really overwhelmed. Every pro will drop balls because there are so many flying. To get your planning completed, and to get it completed right, you have to follow up.


     It's Crunch Time! OK Cap'n Crunch if you have gift planning still in the hopper, and you hope to complete it before year-end, time is of the essence. The estate planning “machine” of local attorneys (e.g., who are needed for trusts in other states like Delaware), appraisers (real estate, business, discount, etc.), CPAs (e.g., cash flow projections which are essential for any note sale transaction or transfer of business interest), corporate counsel (essential to obtain lender, lease and other approvals and to draft the entity documentation essential to consummate a gift of an entity interest), trust companies (to review and approve trusts, serve in fiduciary capacities, open accounts), are all incredibly backlogged. Most appraisers and attorneys will no longer take any new matters for the rest of the year. The closer we get to Auld Lang Syne the more this backlog will grow. It will become harder, if not impossible, to finish many yearly transactions.


     Deadline May be Before Year End: The election results, and President Obama's reiteration of this intent to have the wealthy bear more tax, has an ominous tone for anyone in the process of completing estate planning. No one knows what will happen in Washington. Many of the steps to do so are in your hands and are your responsibility. Speedy Gonzales gotta be your role model until New Years!


4. Recent case can’t expunge multiple crimes. In the Matter of the Expungement Petition of J. S. 223 NJ 54 (2015)  

    The plain language of N.J.S.A. 2C:52-2(a) precludes expungement of convictions when the petitioner has been convicted of multiple crimes, even when those crimes occurred within a short span of time.


5. No good faith exception to improper arrest. State v. Shannon 222 NJ 576 (2015)

     The judgment of the Appellate Division is affirmed by an equally divided Court. The arresting officer’s good faith belief that a valid warrant for defendant’s arrest was outstanding cannot render an arrest made in the absence of a valid warrant or probable cause constitutionally compliant.


6. Next Charity Races


11/29 Navesink Challenge 15k & 5k 10am Post race at Red Bank Elks


12/5 Big Chill 5k Rutgers New Bruns 9:05 http://recreation.rutgers.edu/big-chill/


12/6 Jingle Bell Run for Arthritis 5k run/walk, 9:45 Metuchen NJ

12/13 Toys for Tots 5K 10am Freehold NJ Tighe Park FARC


12/16 Raritan Valley Road Runners Christmas Caroling & Pub crawl New Brunswick, NJ


https://www.facebook.com/groups/RVRoadRunners/


Saturday Dec. 19 at 10:00am The Super Santa 5K in Morris


     If you are attending any of these charity races, please call or email Ken V. Kenv@njaws.com Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/ 


7. ABA’s new book “Wills and Estate Administration” By Kenneth Vercammen, Esq.


     Straightforward and to-the-point, Wills and Estate Administration provides step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. Topics are defined in six parts for ease of use:

  Preparation for Wills/Estate Planning Interviews

  Interviewing Clients

  Additional Estate Planning Issues

  Estate Administration

  Guardianship of Disabled or Incompetent Parents

  Marketing Your Wills and Estate Administration Practice


     Making this an essential resource for solo and small firm practitioners, the author includes numerous forms for each topic, and they are also available for download online. The book is basic and written to help new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.


Author: Kenneth A. Vercammen/Edison, NJ

Sponsor: Solo, Small Firm and General Practice Division

Publisher: ABA Book Publishing

List Price: $79.95

ABA Price: $69.95

ISBN: 978-1-63425-380-2

Product Code: 5150484

2015, 290 pages, 7 x 10, Paperback




ABA Service Hotline 800-285-2221 312-988-5000

   Sample chapter available at: http://shop.americanbar.org


"Have just finished Ken Vercammen's excellent book on Wills, Estate Administration, and Guardianship. It is a very practical book that examines the business of an estate and trust practice. This step-by-step analysis is complete with forms and helps even the seasoned practitioner streamline his practice."

-Thomas D. Begley, Jr., Esq.

Begley Law Office, NJ


8. Latest YouTube Videos


Removing an Executor of an Estate:



Wills and Estate Planning in NJ:



If you are happy with our services, please be sure to: 
Like us and post your testimonial on Facebook:
https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/
Endorse us on LinkedIn:
https://www.linkedin.com/in/kennethvercammen
Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is participating in Ken Vercammen's Fall Internship Program and currently attends Kean University. 
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