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.

Saturday, December 22, 2012

VOLUNTEER LEGAL INTERNS NEEDED PUBLIC DEFENDER OF METUCHEN


VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN   

Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM,   every other Friday 9-12, plus hearing preparation work.

Volunteer Internship Description:

-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

-Make demands for Discovery on Prosecutor and review police reports
-Attend hearings and learn from experienced trial attorneys

-Prepare Motions to Suppress Evidence and Motions to Compel Discovery
-Conduct appropriate Legal research
-Acquire skills in Criminal Law and Procedure by active participation
-Participate in Public Relations activities and help organize seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
    NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

         Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck.
         Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week.
         For Summer- College graduates and Law students only. Minimum Volunteer time commitment in summer- 18 hours per week.  Send cover letter and resume. After sending resume, call to schedule interview
 732-572-0500.
         We sponsor a statewide website www.njlaws.com with information on criminal,  litigation, personal injury, and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must  have attention to detail. We attempt to give assignments, which will be meaningful and memorable but, nevertheless, expect that interns will pitch in on whatever needs to be done. 
         Mail or fax  cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817              
 Fax 732-572-0030

About Mentor Program Director: Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney.    Mr. Vercammen has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics. He has been selected to write the book on Criminal Law for the American Bar Association. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. 
         Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the =and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section and is the Co-Chair of the ABA Criminal Law committee, GP Division.
       He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. As the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is also a recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a substantial portion of his professional time to the preparation for trial of litigated matters.  He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal websites www.njlaws.com and www.BeNotGuilty.com
He has served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 25 years. Kenneth Vercammen was included in the 2013 “Super Lawyers” list published by Thomson Reuters. He was a member of the Law Review and top 10% law school grad.



LAW OFFICE Fall  & Spring
VOLUNTEER INTERNSHIPS -   EDISON, N.J. 
          Volunteer students will have an the opportunity to work in a busy law office and work with real clients. Students interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients.

Work on Criminal, Municipal Court and DWI cases:
  1. Contact Municipal Prosecutors to obtain discovery and police reports
  2. Contacts with Court and County Prosecutor’s Office
  3. Prepare hearing notice to clients
  4. Speak with clients and witnesses prior to hearings
  5. Review accident reports and witness statements
  6. Attend hearings and motions
  7. Prepare end of case letters to client
Added recent Criminal and Civil cases to our Blog
Add new court rules and statute to the Criminal statute blog 

WILLS & PROBATE PRACTICE
1.    Act as formal witness to Wills, Power of Attorney and other legal documents
2.    Work on Motions to remove executors and compel accounting
3.    Publicize Will seminars and attend programs free of charge
Work on Community Relations and marketing projects including submitting articles to legal websites and search  engines and Blogs

Fall & Spring interns must work between 10-21 hours per week between Monday and Friday, time and days to be selected by the student. Participants must stick to days and hours selected and make up missed days. The legal interns must work a minimum of 12 weeks.  Longer hours or weeks permitted. [Summer internship is minimum 18 hours per week, 12 weeks- college graduates and Law students only]
         Interested students must mail or fax a cover letter and resume.

         This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills. You will handle a client's file and learn details on running a successful law practice. This will not be a brief writing and photocopying clerkship. For additional information on the Law Office, please visit the website at www.njlaws.com.  We sponsor a statewide website with information on litigation, personal injury, criminal and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must  have attention to detail. Additional information on internship at http://www.njlaws.com/intern.htm

         Mail or fax cover letter and resume. Do not email.
Kenneth Vercammen & Associates, PC
 2053 Woodbridge Avenue,  
Edison, NJ 08817       
 [near Rt 287 and the NJ Turnpike]
 PHONE  732-572-0500           (Fax)  732-572-0030
  
Metuchen Public Defender Volunteer Internships 


Tuesday, December 18, 2012

E410 Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney 2. 2012 Planning Time Concerns


NJ Laws Email Newsletter E410
Kenneth Vercammen, Attorney at Law   

December 12, 2012
 


Office Phone Number:   
 
(732) 572-0500 
 
www.njlaws.com 


 In This Issue:

 1. Holiday Gift  Idea! .....Gift  Certificates for  Wills or Power of  Attorney

 2.  2012 Planning Time Concerns 
 by: Martin M.  Shenkman,  PC

 3. Testimony at  
 DV Trial can be  used at criminal  trial for  impeachment 
State  
 v Duprey

 4. Next Charity  Events



Greetings!   
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:
Power of Attorney:
  
2.  2012 Planning Time Concerns

by: Martin M. Shenkman, PC
4 Forest Avenue, Paramus, New Jersey 07652
Phone 201-845-8400 
Summary: 2012 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 loose: Lots of folks have waited waaaay toooo long to address 2012 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 2012 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. 2012 is unparalleled in tax planning history. 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 2012 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 2012. The closer we get to Auld Lang Syne the more this backlog will grow. It will become harder, if not impossible, to finish many 2012 transactions. Bob Keebler a smart well known CPA and retirement planning guru has expressed concern that those waiting too near year end to convert IRAs to Roths may find that their requests won't get processed.

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. While it is possible that Congress will just kick the can down the road by extending the current estate tax regime, it is also possible that President Obama will push legislation through as part of addressing the fiscal cliff that will have a profound and negative impact on planning. Remember we got a new tax act in December 2010. Legislation to address the fiscal cliff could change the estate tax game rules before year end. Some provisions could be made effective as of the date of proposal, not enactment, which means you may lose the opportunity to implement a plan that is well underway. You need to expedite completing all planning. And 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!

Be Proactiv®: Proactive is not just a zit cream. It's how you have to hustle to get your planning done this year. You must be personally proactive in pushing your advisory team (anyone and everyone involved in your planning) forward. You must make it a priority to personally set up meetings to sign documents, meet with advisers and push each phase of planning to conclusion. The volume of work everyone in the estate planning machine is experiencing is unprecedented. There has never been a time in the history of the estate tax (no exaggeration) where you had to be more proactive, and more personally responsible, to assist and push your own planning to completion than now.

Steps to Consider: What must you do now to increase the likelihood that your 2012 planning will be completed? Ask your advisers what specific steps you can take, and review the points below and act immediately to the extent that these matters pertain to you. If you are not sure, call and/or email each adviser that may be involved on the applicable component of your planning:

Appointments: If you have a trust, shareholders agreement, deed or other legal document that has to be completed, call your estate, corporate, and real estate attorney, and schedule an appointment to review your documents, and a second appointment to sign. Get the key dates locked-in so the essential actions happen.

ID Numbers: If you have an entity that needs a tax identification number (EIN, TIN), call your CPA and get one assigned immediately as you will not be able to open a bank, brokerage or other account without it. Record the EIN on the front page of the document so that you'll have it available whenever needed.
 
  
Moving Target: This is a volatile time for planning. Not only are there tremendous economic uncertainties and the future of the income and estate taxes unknown, but there have been rapid fire developments affecting key planning techniques vital to many 2012 transactions.

Summary: President Obama has been reelected to a second term and has reiterated that he expects the wealthy to pay more income tax. Ordinary income tax rates may be raised by increasing the top two tax brackets to 36% and 39.6%. Capital gains tax rates increased for high-earners to 20%, plus the 3.8% surtax. The Republican position that rates should not be raised, even on the wealthiest taxpayers, might, to some extent depending on the shape of tax negotiations, morph into tighter restrictions on a range of deductions. Here's some planning tips to discuss with your CPA before year end.

Medicare Tax: In 2013, a 0.9% Medicare tax will be imposed on wages and self-employment income over $200,000 for singles and $250,000 for married couples and a 3.8% Medicare tax will apply to net investment income if you adjusted gross income (AGI) exceeds $200,000 single ($250,000 joint). Investment income derived as part of a trade or business is not subject to the new Medicare tax unless it results from investment of working capital. Discuss asset allocation decisions with your investment adviser, and business liquid holdings with your CPA. Trustees should review distribution policies with the trust's CPA as paying distributions to beneficiaries under the tax threshold may save money.

Deductions: Analyzing when to take deductions and losses. The usual rule to accelerate tax deductions and losses may be wrong. Because of possible tax increases the opposite approach might be best, but... If restrictions on deductions are enacted, then perhaps you should only defer deductions that aren't likely to be restricted. The reinstatement of the 3% AGI phase out of itemized deductions may also make many deductions of little value in 2013 regardless of other changes. So, the calculus of what to defer and what to accelerate could make this the most uncertain year-end ever.

Roth Conversions: Convert your IRA to a Roth IRA at today's lower rates. Generally, convert by asset class to take advantage of market conditions and volatility. Roth IRAs are not subject to the required minimum distribution (RMD) rules that regular IRAs are subject to at age 70.5 so they're groovier for doctors and others worried about asset protection. Beneficiaries can realize tax free withdrawals from Roth IRAs, but not from regular IRAs. From an estate tax planning perspective, funding a bypass or applicable exclusion trust with a Roth IRA is much more efficient since they are full dollars, whereas funding with a regular IRA is not only more complex but it underutilizes the benefit because the dollars involved are partial or pre-tax dollars. 

Recent Developments Article 1/3 Page [about 18 lines]:

Seminars: We're planning a 2013 chronic illness speaking tour from NJ to South Dakota. If your charity or professional organization would like a presentation let us know as we are starting to develop an itinerary.
Full Article Can be Downloaded at:
 Thanks to:  Martin M. Shenkman, PC
4 Forest Avenue, Paramus, New Jersey 07652
Phone 201-845-8400 
Recent Cases:
3. Testimony at DV Trial can be used at criminal trial for impeachment State v Duprey 427 NJ Super. 314 (App. Div. 2012) A-5469-10T4 08-01-12

This case required us to determine whether testimony given by the plaintiff or defendant during the trial of a domestic violence matter can be used for the purposes of cross- examination in a related criminal trial. The Court determined that a broad application of the language of N.J.S.A. 2C:25-29(a), which provides that "testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant," would impair a criminal defendant's rights under the Confrontation Clause of the Sixth Amendment. The Court further determined that the Legislature did not intend to permit a criminal defendant who testifies at his criminal trial to be immune from cross-examination based on prior inconsistent statements made under oath at the DV trial. The Court held that testimony from a DV trial can be used for the limited purpose of cross-examination in a manner consistent with the opinion, but cannot be used as affirmative evidence except as permitted by the statute.

4. Next Charity Events:

12/12 RVRR Elections and pizza- Reformed Church

12/15 RVRR Christmas party

12/16 Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band,
732-542-6090 11am

12/19 Raritan Valley Pub crawl New Brunswick, NJ

12/23 Mark Freezing cold has course with surveyor tape, decorate basement, decorate garage
12/30 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 Jersey Shore Running Club Twilight Run, not a race Bar A
Distance of run is about three miles.http://www.jsrc.org/

1/1/2013 New Years Day Hangover Run 5k 12-noon CJRR Westfield      
1/2/- 1/4 Freezing cold hash T-shirt pick up and decorate Green Derby
Jan. 5, 2013 Freezing Cold Hash run & Party, Edison, NJ -Start Thomas Edison Park 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision. Skull shirt pick up Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison Volunteers needed call 732-572-0500
    Editorial Assistance provided by Alexis Cirasuolo. Ms. Cirasuolo is a Junior at Kean University who is currently participating in Kenneth Vercammen's Fall Internship Program.

Monday, December 03, 2012

E409 Recent Cases: 1. MVC should not Suspend Driver's License for Civil Out of State Pot Fine. 2. Visible evidence seized Not on NCIC System is sometimes admissible. 3. Police cant search apartment after 911 call if no danger. 4. Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour 5. Holiday Gift Idea... Gift Certificates for Wills or Power of Attorney 6. Other Charity Events 7. If You Are Hurt In An Accident, We Can Help.


1. MVC should not Suspend Driver's License for Civil Out of State Pot Fine.Ritz v. Motor Vehicle Commission 426 NJ Super. 608 (App. Div. 2012)

       A violation of a South Carolina statute that imposes a "civil fine" of not more than $500 upon a person who is found in possession of drug paraphernalia does not constitute a "conviction . . . for a drug offense in [another] state" under N.J.S.A. 39:5-30.13, which mandates a six-month suspension of the offender's motor vehicle license, because a violation of such a civil regulatory statute is not a "drug offense," which is defined as a violation of a law of another state that is "substantially similar in nature to the 'Comprehensive Drug Reform Act of 1987.'"

2. Visible evidence seized Not on NCIC System is sometimes admissible. State v. Harris   __ NJ ___ (A-111-10; 067929) 8-16-12  
         Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent. A firearm's serial number is visible simply by looking at the weapon. Recording that number does not constitute a seizure, and entry of that number into the NCIC system and review of the results does not constitute a search. Whether the officers could recognize immediately that the assault rifle and large capacity magazines were illegal to possess are factual determinations that must be remanded to the trial court.

3. Police cant search apartment after 911 call if no danger. State v. Edmonds 211 NJ 117 (2012)
         In responding to a 9-1-1 report of possible domestic violence, once the police officers found that there was inadequate evidence to corroborate the 9-1-1 report and determined that the parties' safety was not an issue, there was no objectively reasonable basis to search the residence under either the community- caretaking or emergency-aid exceptions to the warrant requirement and the evidence obtained through the warrantless search must be suppressed.
4. Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour
Friday, December 7, 2012
5:00PM - 7:00PM
at Bar Anticipation [not damaged by hurricane]
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free 5-7PM Hot & Cold Buffet with carving station
The reduced price Happy Hour is 6-7PM with $1 House Drink,
Bud/Bud Lt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.
More details at:
5. 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
*2-year subscription to NJ Laws Email News
** All for only $350.00! **
Call 732-572-0500 for the Gift Certificate
Details on Wills:
Details on Power of Attorney:

6. Other Charity Events
12/2/12 Jingle Bell Run/Walk for Arthritis 5k run/walk, 10am Metuchen NJ 732-283-4300 x 329

12/2/12  RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event
12/8/12   Big Chill 5k Rutgers 9:10am New Brunswick NJ click RVRR when register ring

12/9/12` Toys for Tots 5K, 10am Freehold NJ FARC   732-431-2627
12/16/12Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am
12/19/12 Raritan Valley Pub crawl New Brunswick, NJ

7. If You Are Hurt In An Accident, We Can Help

 If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.

E408 1. Defendant Entitled to Adjournment to Select Own Counsel. 2. Police should not Issue Arrest Warrant on Bad Check. 3. Next events 4. Reminder: December 7, 2012 - Kenneth Vercammen's Christmas Party/Holiday Happy Hour. 5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am Edison, NJ


E408 
1. Defendant Entitled to Adjournment to Select Own Counsel. 
 
2. Police should not Issue Arrest Warrant on Bad Check. 
 
3. Next events  
 
4.  Reminder: December 7, 2012 - Kenneth Vercammen's Christmas Party/Holiday Happy Hour.  
 
5.  Register now for:  FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ

1. Defendant Entitled to Adjournment to Select Own Counsel. State v. Kates 426 NJ Super 32 (App. Div. 2012) 
  
      The court concluded the trial court mistakenly exercised its discretion in denying defendant a continuance to enable him to retain counsel of his choice, after he learned on the eve of trial that the assistant deputy public defender who had been representing him was about to deployed for active military service.  Although the right to counsel of choice is not absolute and may be balanced against the court's interest in managing its calendar, the trial court failed to weigh the appropriate factors governing the discretionary decision whether to grant the requested continuance.  The availability of competent counsel not of defendant's choice was an insufficient basis for denying the continuance.  As deprivation of counsel of choice is a structural error not subject to harmless error analysis, reversal of defendant's conviction and a new trial is mandated. 
  
2. Police should not Issue Arrest Warrant on Bad Check. Greenberg v. NJ State Police Trooper Prsyszlak 426 NJ Super. 591 (App. Div. 2012)
      Following a dispute between plaintiff and defendant Oil Station, Inc. (OSI), which had performed an oil change on plaintiff's vehicle and allegedly damaged the vehicle's battery in the process, plaintiff closed the bank account on which he had made the original payment of $129.44 and provided OSI a check for $31.02, the amount which plaintiff felt was due.  OSI contacted the State Police, which conducted an investigation and ultimately concluded there was probable cause to believe plaintiff violated the bad check statute, N.J.S.A. 2C:21-5. 
Plaintiff was arrested in his home and held at a state police barracks until he agreed to pay the full amount OSI claimed was due.
       Plaintiff commenced this action, alleging false arrest, false imprisonment, various constitutional violations, and other common law torts.  The trial judge granted summary judgment in favor of the State Police and the other State defendants, as well as OSI and its representative.  The court reversed, concluding that an arrest within the home was unlawful absent an arrest warrant or exigent circumstances -- both of which were absent -- or consent, which turned on disputed questions of fact that could not be decided at the summary judgment stage.  The court also held there were genuine questions of material fact regarding the State defendants' claim that probable cause to arrest existed and on the defense of qualified immunity, thereby precluding summary judgment. 
       In addition, the court reversed the summary judgment entered in favor of OSI and its representative because that judgment was based on the trial judge's dismissal of the claims against the State defendants.  The court also found there was evidence to support plaintiff's theory that OSI and its representative conspired with the State defendants to falsely arrest and imprison plaintiff because, among other things, OSI had previously enlisted the aid of the State Police in the collection of OSI's unpaid bills.
  
3. Next events 

Fri Nov 17 James Bond movie 

Monday, November 19th
8:30AM Review Major Municipal Court Cases from 2012, MCBA Office, 87 Bayard St., New Brunswick, NJ, 2 Credits

new 11/24/12 5k race at Roosevelt Park Edison to benefit

11/25/12      Navesink 15k & 5k race with portions of proceeds to benefit victims of hurricane
_____    JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45
2012 Municipal Court College
Rescheduled date Dec 4 Tuesday

Tentative 12/16/12 Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090  11am
To be rescheduled: RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event
Cancelled for 2012 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer
Cancelled for 2012  Born to Run 5 mile 11am
4.  Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour
Friday, December 7, 2012
5:00PM - 7:00PM
at Bar Anticipation [not damaged by hurricane]
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free 5-7PM Hot & Cold Buffet with carving station
The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.
More details at:

5.  Register now for:
FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ
See info at:
Register now at:
Volunteers go free. Email us;
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run.  See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.  Wear old running shoes.
$20.00 TO RUN.   FREE  T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.
$25.00 DAY OF EVENT.  VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR!  PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS.  FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate.  No times are recorded.  A sense of humor is a must. Prizes and giveaways at the post race social.
Recent Cases 
E408 
1. Defendant Entitled to Adjournment to Select Own Counsel. 
 
2. Police should not Issue Arrest Warrant on Bad Check. 
 
3. Next events  
 
4.  Reminder: December 7, 2012 - Kenneth Vercammen's Christmas Party/Holiday Happy Hour.  
 
5.  Register now for:  FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ

1. Defendant Entitled to Adjournment to Select Own Counsel. State v. Kates 426 NJ Super 32 (App. Div. 2012) 
  
      The court concluded the trial court mistakenly exercised its discretion in denying defendant a continuance to enable him to retain counsel of his choice, after he learned on the eve of trial that the assistant deputy public defender who had been representing him was about to deployed for active military service.  Although the right to counsel of choice is not absolute and may be balanced against the court's interest in managing its calendar, the trial court failed to weigh the appropriate factors governing the discretionary decision whether to grant the requested continuance.  The availability of competent counsel not of defendant's choice was an insufficient basis for denying the continuance.  As deprivation of counsel of choice is a structural error not subject to harmless error analysis, reversal of defendant's conviction and a new trial is mandated. 
  
2. Police should not Issue Arrest Warrant on Bad Check. Greenberg v. NJ State Police Trooper Prsyszlak 426 NJ Super. 591 (App. Div. 2012)
      Following a dispute between plaintiff and defendant Oil Station, Inc. (OSI), which had performed an oil change on plaintiff's vehicle and allegedly damaged the vehicle's battery in the process, plaintiff closed the bank account on which he had made the original payment of $129.44 and provided OSI a check for $31.02, the amount which plaintiff felt was due.  OSI contacted the State Police, which conducted an investigation and ultimately concluded there was probable cause to believe plaintiff violated the bad check statute, N.J.S.A. 2C:21-5. 
Plaintiff was arrested in his home and held at a state police barracks until he agreed to pay the full amount OSI claimed was due.
       Plaintiff commenced this action, alleging false arrest, false imprisonment, various constitutional violations, and other common law torts.  The trial judge granted summary judgment in favor of the State Police and the other State defendants, as well as OSI and its representative.  The court reversed, concluding that an arrest within the home was unlawful absent an arrest warrant or exigent circumstances -- both of which were absent -- or consent, which turned on disputed questions of fact that could not be decided at the summary judgment stage.  The court also held there were genuine questions of material fact regarding the State defendants' claim that probable cause to arrest existed and on the defense of qualified immunity, thereby precluding summary judgment. 
       In addition, the court reversed the summary judgment entered in favor of OSI and its representative because that judgment was based on the trial judge's dismissal of the claims against the State defendants.  The court also found there was evidence to support plaintiff's theory that OSI and its representative conspired with the State defendants to falsely arrest and imprison plaintiff because, among other things, OSI had previously enlisted the aid of the State Police in the collection of OSI's unpaid bills.
  
3. Next events 

Fri Nov 17 James Bond movie 

Monday, November 19th
8:30AM Review Major Municipal Court Cases from 2012, MCBA Office, 87 Bayard St., New Brunswick, NJ, 2 Credits

new 11/24/12 5k race at Roosevelt Park Edison to benefit

11/25/12      Navesink 15k & 5k race with portions of proceeds to benefit victims of hurricane
_____    JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45
2012 Municipal Court College
Rescheduled date Dec 4 Tuesday

Tentative 12/16/12 Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090  11am
To be rescheduled: RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event
Cancelled for 2012 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer
Cancelled for 2012  Born to Run 5 mile 11am
4.  Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour
Friday, December 7, 2012
5:00PM - 7:00PM
at Bar Anticipation [not damaged by hurricane]
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free 5-7PM Hot & Cold Buffet with carving station
The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.
More details at:

5.  Register now for:
FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ
See info at:
Register now at:
Volunteers go free. Email us;
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run.  See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.  Wear old running shoes.
$20.00 TO RUN.   FREE  T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.
$25.00 DAY OF EVENT.  VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR!  PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS.  FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate.  No times are recorded.  A sense of humor is a must. Prizes and giveaways at the post race social.