E352 1. Selecting A Guardian in Your Will for Minor Children 2. What You Should Know about Organ Donation in Your Living Will 3. State Bar App

NJ Laws Email Newsletter E352 Kenneth Vercammen, Attorney at Law October 27, 2010 NJLaws.Com LINKS Main Website with 500 + articles and 1,000 + links In This Issue: 1. Selecting A Guardian in Your Will for Minor Children 2. What You Should Know about Organ Donation in Your Living Will 3. State Bar Applauds Municipal Court Law Certification Plan Recent Cases: 4. No More than 180 Days Jail in a Municipal Court Case. 5. No Warrantless Search of Truck Sleeper Compartment Based on Smell of Weed. Office Phone Number:(732) 572-0500 Greetings Kenneth Vercammen, Esq., 1. Selecting A Guardian in Your Will for Minor Children If you have minor children, the most important reason to plan your estate is to ensure proper provisions are made for your children. While it can seem overwhelming to deal with all the issues involved, consider what would happen if you died with no provisions. At that point, your children's guardian would be determined by the courts and there may not be adequate funds available until they reach adulthood, leaving them dependent on the goodwill of relatives. When selecting a guardian, consider the following: Who would be the best guardian for your children? While your first inclination may be to select your parents, consider whether they will have the energy to raise your children. A better alternative may be a sibling or friend. One of your most important considerations will be whether you think that individual will be able to raise your child like one of their own. If you have several children, is it reasonable to expect one person to raise all of them? You may want to name more than one guardian, but make sure the guardians will work together to keep the children as close as possible. If the person you are considering lives in another city or state, consider whether you want to uproot your children while they are going through the trauma of their parents' death. Make sure you're comfortable with the guardian's parental style and moral beliefs. Have you talked to your selected guardian? Once you've settled on a guardian, discuss your decision with that person to make sure he or she is willing to take on the responsibility? Be sure to name a contingent guardian in case your first choice is unable to serve. Discuss your wishes regarding how you want your children raised, indicating your preferences for education, religion, lifestyle, and other factors. Have you made adequate financial arrangements for your children? You wouldn't want your children to be a financial burden, or their presence may be resented. Determine how much is needed for living expenses, hobbies, medical expenses, and college. Consider other items as well. For instance, will your guardian's home comfortably accommodate your children, or should you leave funds for an addition to the home? Include a financial cushion so there is plenty of money until your children at least reach adulthood. Should the person who has physical custody also handle their finances? You can name two guardians, one for physical custody and one to handle their finances. Decide whether trusts should be set up and how money should be distributed when your children reach adulthood. Have you reviewed your choice of guardian recently? Just because you've selected a guardian doesn't mean that person is still the best choice. As your children grow, review your guardian choice every couple of years. SOURCE: kbowman@bizactions.com 2. What You Should Know about Organ Donation in Your Living Will When planning your estate, spend some time thinking about whether you want to donate your remains to help another individual or to further medical research. Putting that intent in writing can be a great help to the loved ones you leave behind. Organ Donation wishes should be included in your Living Will Advanced Directive. What are the options? Transplantation: Successful organ and tissue transplant are more common than ever before. Doctors have success using donations to save the lives of people whose organs have been damaged through trauma or disease. Education or Scientific Research: Perhaps you want to help eradicate a debilitating disease or medical condition. Or maybe you believe that medical students should have the opportunity to study and learn from a body with the conditions you possess. If so, you may want to donate your entire body for research and instruction. Most medical schools need such donations. These institutions do not accept bodies from which organs have been removed. Each institution has other specific criteria that it uses to determine whether a donation can be accepted. After the medical school has used a donated body for study or instruction, it will generally cremate and bury, or scatter, the ashes in a specified plot. However, the remains can be returned to family members for burial - usually within a year or two. An attorney can help draft a document that specifies your intentions in this area. SOURCE: kbowman@bizactions.com 3. State Bar Applauds Municipal Court Law Certification Plan The New Jersey State Bar Association is pleased the New Jersey Board on Attorney Certification is recommending adding municipal court law to the list of specialties for which lawyers can be certified. Creating Municipal Court Certification was first proposed to the Supreme Court 5 years ago, and many of the most experienced attorneys have supported establishing the Certification program The state bar brought the concept to the attention of the courts last year, saying municipal court law is a unique and meaningful area of law similar to the other categories the Judiciary already certifies, including matrimonial, civil, criminal and workers compensation. "The profession and the public will be well served through the certification of municipal court lawyers. For many people, the only exposure to the court system is through the municipal courts which handle roughly 6 million cases each year," said State Bar President Richard H. Steen. "Allowing this certification means people will have an easier time finding a lawyer who is best able to represent them in a municipal court matter." The state bar will study the court's proposal carefully and submit any comments it may have to the courts for consideration, Steen said. Attorney certification programs are the result of the U.S. Supreme Court opinion allowing attorneys to advertise their services. In New Jersey, the certification program began in 1980. In order to become a certified attorney, lawyers must take continuing legal education courses for several years, show substantial involvement in litigation, have an unblemished reputation, and pass a written exam. Recent Cases: 4. No More than 180 Days Jail in a Municipal Court Case. State v. Federico 414 NJ Super. 321 (App. Div. 2010) Defendant, convicted at a bench trial in municipal court and on trial de novo in the Law Division, may not receive a custodial sentence of more than 180 days for all consolidated charges disposed of in a single proceeding. 5. No Warrantless Search of Truck Sleeper Compartment Based on Smell of Weed. State v. Pompa 414 NJ Super. 219 (App. Div. 2010) Following his conviction of various drug offenses, defendant appealed the denial of his motion to suppress in excess of thirty pounds of marijuana seized by police without a warrant from a closet in the sleeper cabin of defendant's tractor trailer. The court held that the closely regulated business exception permitted a warrantless administrative inspection of certain areas of the tractor-trailer, but concluded that the search turned unlawful when it progressed into unregulated areas without the exigent circumstances required by State v. Pena-Flores, 198 N.J. 6, 28 (2009).

Editor's Note and Disclaimer: All materials Copyright 2010. 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 Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court Facebook: http://www.facebook.com/kenneth.vercammen?ref=name NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/ NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/ NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal Videos: http://www.youtube.com/user/kvercammen Thank you for reading our newsletter! God Bless America USA #1 Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at: vercammennews@njlaws.com We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations. "This year Celebrating 25 years of providing excellent service to clients 1985-2010" Former Prosecutor. Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

E353 1. Got Kids? Estate Planning is Recommended. 2. Selecting Trustees Recent Cases: 3. No Statement Admissible by Non-Appearing Witness 4. I

NJ Laws Email Newsletter E353 Kenneth Vercammen, Attorney at Law November 17, 2010 NJLaws.Com LINKS Main Website with 500 + articles and 1,000 + links In This Issue: 1. Got Kids? Estate Planning is Recommended. 2. Selecting Trustees Recent Cases: 3. No Statement Admissible by Non-Appearing Witness 4. Investigatory Stop Permitted where Police has Articulable Suspicion of Drugs. 5. Once Impounded the Police were Required to Obtain a Warrant Prior to Searching the Vehicle. 6. Fun Upcoming Running Races in November / December Selected by Kenneth Vercammen, Esq. 7. Ken's Knee Rehab Update. 8. Our New Email Address Office Phone Number:(732) 572-0500 Greetings Kenneth Vercammen, Esq., 1. GOT KIDS? ESTATE PLANNING IS RECOMMENDED. If you have minor children and do not have a will, one author wrote you are doing them a great disservice bordering on child neglect. If you do not name a guardian for your minor children think of the worst relative you have and that's who will get the kids. Makes you shudder, doesn't it? We've finished the graduation season and kids have started college. Do you have a recent high school grad? Is your son or daughter over 18 and heading off to college? Did you remember that your child is now an adult and your control over them is limited? For example, if your daughter becomes ill while at school and is admitted to the hospital or student health center, you are NOT legally entitled to know about it-or about her condition; even if you are paying for everything. So, here's the plan. Have your college son or daughter prepare a HIPAA authorization form. This allows your child to name the parents as the persons to discuss health care matters with medical personnel. Without it, you cannot legally learn anything. It's something that most parents never think about. It may also be prudent for your child to execute the basic documents listed above, including the Durable Power or Attorney and Advance Directives. Once a child turns 18, your legal connection is irrevocably changed. REAL ESTATE Do you own real estate? How is it titled? Is it a survivorship deed? Have you considered a transfer on death deed? Some states permit those and they work very well. Do you have a second home? Is it outside your home state? What are the laws in that state regarding the inheritance of property? Schedule an appointment with your attorney. 2. Selecting Trustees One of the more critical decisions you'll make when setting up a trust is selecting a trustee. Depending on the trust's provisions, the trustee can serve for decades, with broad discretion in managing assets and distributing income and principal. The trustee's performance can significantly impact your beneficiaries' distributions. Some thoughts to consider when deciding on a trustee include: Decide whether to choose a family member, friend, or professional trustee. You want an honest individual with some basic financial aptitude. You could decide to name two trustees, perhaps a family member and a professional. The professional could handle investment decisions, while the family member could oversee those decisions and make distribution decisions. Before naming a trustee, obtain that individual's consent and ensure that the responsibilities are understood. Don't rule out a professional due to the fees involved. While friends and family may serve without compensation, consider whether they could handle these financial decisions as well as a professional could. The trustee's duties can be complex and time consuming. You should consider whether a friend or family member has the time and aptitude for the task. Name a successor trustee. If your trustee dies, becomes incapacitated, or decides he/she doesn't want to serve as trustee, you should have a successor trustee named or at least describe how one should be selected, such as through a majority vote of the beneficiaries. Set up performance guidelines. That way, if the trustee does not meet those guidelines, your beneficiaries will have a means to change trustees. Write a letter to your trustee explaining your wishes. This letter should explain your objectives for the trust, information about the beneficiaries, and other factors that will help the trustee make decisions. Source: http://www.bizactions.com/n.cfm/page/e110/key/150509814G2286J3007507P24P1974T3/ Recent Cases: 3. No Statement Admissible by Non-Appearing Witness. State v. Basil 202 NJ 570 (2010) The on-scene identification by a citizen informant and corroborative discovery of the weapon gave officers probable cause to arrest defendant and, therefore, defendant's volunteered statement to police should not have been suppressed as the product of an unlawful arrest. In addition, the members of the Court being equally divided, the judgment of the Appellate Division is affirmed, holding that the non-appearing witness's testimonial hearsay statement was inadmissible under the Sixth Amendment Confrontation Clause. The admission of the statement had the clear capacity to cause an unjust result and was not harmless error beyond a reasonable doubt. 4. Investigatory Stop Permitted where Police had Articulable Suspicion of Drugs. State v. Mann___ NJ___ (2010) (A-56-09) 8/4/10 The trial court fairly concluded that the police had reasonable and articulable suspicion to support an investigatory stop of defendant and that the seizure of drugs from both locations was lawful. 5. Once Impounded, the Police Were Required to Obtain a Warrant before Searching the Vehicle.State v Minitee __ NJ Super. __ (App. Div. 2010) A-5002-06T4/A-6213-06T4 8-16-10 In these back-to-back appeals concerning the warrantless search of a motor vehicle, the court harmonized the seemingly inconsistent holdings inState v. Martin, 87 N.J. 561 (1981) and State v. Pena-Flores, 198 N.J. 6 (2009), by finding that the exigent circumstances that existed at the scene only permitted the police to seize the vehicle. Under our State's Constitution, once impounded, the police were required to obtain a warrant before searching the vehicle. 6. Fun Upcoming Running Races November/ December Selected by Kenneth Vercammen If you are attending any of these races, please call or email Ken V. Often we car pool or meet at these events. I cannot run due to knee injury, but plan on being a volunteer, or walk the course. 11/20 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer 11/26 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am 11/27 Rumson hash annual Crazy Eddie memorial trail run, not race 10:17 call for secret location 732-219-0301 11/28 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event 10:00 AM Free food and discount beer at Outback 12/4/2010 Poricy Park Trail Run 5k Middletown NJ 732-842-5966 12/5/2010 Jingle Bell Run/Walk for Arthritis 5k run/walk, 10am Metuchen NJ 732-283-4300 x 329 December 11 Saturday, Big Chill 5k Rutgers 9:10am New Brunswick NJ 732-445-2398 12/11 Arthritis 5k Bar A 12/12/2010 Toys for Tots 5K, 10am Freehold NJ FARC 732-431-2627 12/26 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race, then discount beer at Wonder Bar 12/31 Lake Como Bar A group run, not a race free beer 1/1/2011 New Years Day Hangover Run 5k 12 noon CJRR Westfield 1/1/2011 732-236-7651 Jan 2, 2010 Freehold Winter 5k 10:00am FARC Jan. 8, 2011 Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision. Free beer, open bar 7:30-11:30 7. Ken's Knee Rehab.... I started physical therapy following my knee surgery at St. Peters Physical Therapy. I can now walk without crutches using a cane, bicycle stationary & outside and swim. I hope to walk portions of the above races, then volunteer the finish line. I hope to start easy jogging sometime in 2011. Special thanks to my office computer expert Ben Haws who drove me to courts for two months while I could not drive. Thank you also to my dad Al Vercammen who also drove me to courts and helped me get to doctor's appointments. 8. Our New Email... We have upgraded our computer systems and internet. We have selected Optimum Online to replace the slow Verizon DSL. Our new office email is: VercammenLaw@Njlaws.com. Please do not email anything tokenvnjlaws@verizon.net, that account is disconnected. Thank you to our Webmaster Sheereen who returned in November to revise many of our website articles. Editorial Assistance provided by Diana Ramos. Ms. Ramos is a Senior at New Jersey Institute of Technology and is currently participating in Kenneth Vercammen's Fall Internship Program.

Editor's Note and Disclaimer: All materials Copyright 2010. 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 Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court Facebook: http://www.facebook.com/kenneth.vercammen?ref=name NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/ NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/ NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal Videos: http://www.youtube.com/user/kvercammen Thank you for reading our newsletter! God Bless America USA #1 Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at: vercammennews@njlaws.com We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations. "This year Celebrating 25 years of providing excellent service to clients 1985-2010" Former Prosecutor. Free T- shirts and soda can holders available for all current and past clients. Please come into the office.