E421 NJ State Bar Vice-President Election; Attorneys Please Vote for Kenneth Vercammen 2. Inexperienced Drug Sniffing Dog can provide Probable Cause for Search.

 E421 In This Issue:

1. 5 Days Left in NJ State Bar Vice-President Election; Attorneys Please Vote for Kenneth Vercammen

2. Inexperienced Drug Sniffing Dog can provide Probable Cause for Search.

3. No right to counsel in DV cases.

4. Community Events







Greetings Kenneth Vercammen,   

1.  5 Days Left in NJ State Bar Vice-President Election

  Attorneys Please Vote for Kenneth Vercammen

   The Municipal Court Section endorses me and over 500 attorneys signed my petition. I represent the hard working NJ attorneys and seek to continue to represent our interests before the NJSBA, and on Legislation in Trenton. Even if you are not a member of the NJ State Bar or not an attorney, you can ask your attorney friends to vote for me. 

  Voting in this election is important to all NJ attorneys.This election you have a choice of three excellent candidates- a Criminal/Municipal court attorney [me], an Essex County employment law attorney and a New York government attorney. I handle matters throughout New Jersey. There is also a ballot question to clarify if our NJ officers should primarily practice in New Jersey. I know the struggles of traveling from court to court, going from a Probate Will contest in Monmouth, then handling a criminal arraignment in Middlesex in the afternoon, then going to Brick for Municipal Court at night. I am running to help.

 NJ State Bar Election 2013 Details for attorneys:      
     For all members who have an active email address on file, the online ballot and voting instructions was emailed on April 15. Attorneys will not receive a paper ballot unless you call Votenet and request one immediately. Save that April 15 email and follow those directions. The voting is from April 15- May 6. The ballot must be postmarked by May 6.

  Members can contact the bar and ask for a paper ballot. If attorney members have any questions about online voting, or you wish to vote by paper ballot, please call Votenet at 866-543-8750 ASAP. You will need to provide your NJSBA membership ID number. (You may obtain your membership ID number by contacting NJSBA member services at 732-249-5000 (press 1) or at info@njsba.com.)

 Service to educate and improve the Bar has been important to me over the past 25 years. I recently spoke as a volunteer at the NJ ICLE seminars "Municipal Court College", "Handling Drug, DWI & Serious Motor Vehicle Violations in Municipal Court" and "Elder Law and Estate Administration Nuts & Bolts". The speakers such as myself are all volunteers and devote many hours to preparing quality materials and forms on CD to be used by our members. I also make these forms and articles available to New Jersey attorneys who are starting a practice in criminal, traffic probate and estate administration. It's about helping others. Please email me if you need these forms.

2. Inexperienced Drug Sniffing Dog can provide Probable Cause for Search. Florida v. Harris 113 S. Ct. 1050 Feb 19, 2013 Docket No. 11-817
When, subject to challenge by the defendant, the police provide evidence of a drug-sniffing dog's satisfactory performance in a certification or training program, the dog's alert can provide probable cause to search a vehicle. 

3.   No right to counsel in Domestic Violence cases.D.N. VS. K.M. __ NJ Super. __ (App. Div. 2013)A-3021-11T3;

      In these back-to-back appeals of Family Part orders in two domestic violence matters, the court reviewed whether there is a right to assigned counsel, and particularly, whether counsel should be appointed for indigent litigants presenting or defending domestic violence complaints. The court concluded the relief a court may grant and the remedies available under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, are curative. Therefore, the protections of due process do not require the appointment of counsel for indigents presenting or defending a private party's civil domestic violence action. Also, the Legislature did not intend to invoke the power of the State to prosecute civil requests for restraining orders. Rather, the Act provides a plaintiff with a cause of action for civil relief for which there is no entitlement to assigned counsel.

4. Community Events

May 3, 2013    Rock for Autism D'Jais with Holme Band free buffet 5pm, band 7pm

   Sunday. May 5 from 11AM to 3PM Hailey's Harp and  Pub,
 Metuchen, NJ 08840-Fundraiser                                               

   Please join us in helping to support and raise money for our staff member, Tracy Coleman in her fight against breast cancer. Tickets are $20.00 which includes complimentary buffet, beverage, giveaways and silent auction. Contact Hailey's Harp and Pub at 732-321-0777 or Courtney Coleman at 732-404-07502 for further details. 


May 6, 2013  Elder Law Nuts & Bolts seminar 5PM-9PM  NJ Law Center 1 Constitution Sq. New

E448 1. New ABA Book: "Smart Marketing For the Small Firm Lawyer" from the American Bar Association 2. Recent cases: Prior DWI counts for enhanced refusal. State v. Frye

NJ LAWS EMAIL NEWSLETTER E448 Kenneth Vercammen, Attorney at Law August 5, 2014

Greetings!

In this issue: 1. New ABA Book: "Smart Marketing For the Small Firm Lawyer" from the American Bar Association 2. Recent cases: Prior DWI counts for enhanced refusal. State v. Frye 3. New law No insurance Law 39:6 B:2 amended to provide discretion for no DL suspension 4.  New YouTube Videos 5. Next Community Events- email Ken V if attending 1. New ABA Book: "Smart Marketing For the Small Firm Lawyer" from the American Bar AssociationAuthor: Kenneth A Vercammen Sponsor(s): Solo, Small Firm and General Practice Division Publisher(s): ABA Book Publishing Marketing is essential to the growth of any enterprise. There are many low-cost and no-cost opportunities that exist. This book explores today's marketing landscape and outlines its many facets for you in concise and easy to understand terms. Additional Information *Table of Contents: TOC Smart Marketing *About the Author: Kenneth Vercammen *Preface: Intro-Smart Marketing *List Price: $59.95 *ABA Price: $45.95 ISBN: 978-1-62722-484-0 Product Code: 5150468 2014, 156 Pages, 7 x 10 Item Details:     Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today's marketing landscape and outlines its many facets for you in concise and easy to understand terms. This book will cover: Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today's marketing landscape and outlines its many facets for you in concise and easy to understand terms. This book will cover: *Creating a blog for free *How to leverage a wide array of social networking sites (like Facebook, Martindale Hubble, Yelp, etc.) *Best practices for marketing within the law office *Low-cost and no-cost marketing activities *Tips to increase your efficiency and reach *And more! Included with this book is a helpful CD-ROM with digital copies of all the exhibits used in the book and the various websites that are referenced. Learn how to make the most the marketing opportunities that exist with Smart Marketing for the Small Firm Lawyer.     Praise for Smart Marketing for the Small Firm Lawyer: "Vercammen's new marketing book belongs in the tool box and library of every lawyer regardless of firm size. Ken not only tells the lawyer WHAT to do, he shows the lawyer HOW to do it."           -Jay Foonberg-Author of How to Start and Build a Law Practice, 5th Ed  Order details: http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214498 Service Hotline 800-285-2221   312-988-5000  2. Recent cases: Prior DWI counts for enhanced refusal. State v. Frye 217 NJ. 566 (2014)      The court reaffirms its holding in In re Bergwall, 85 N.J. 382 (1981). A prior DWI conviction may enhance the sentence for a subsequent refusal conviction under the refusal statute. N.J.S.A. 39:450.4a.       3. New law No insurance Law 39:6 B:2 amended to provide discretion for no DL suspension     Under the prior law, a person who commits a first offense of driving without insurance is subject to a fine of between $300 and $1,000, a period of community service to be determined by the court, and loss of driver's license for one year from the date of conviction. Under this amended law, imposition of a driver's license suspension for such a first offense is to be within the discretion of the court, and the period of any such suspension could be from two months to one year from the date of conviction.      The relevant portion of 39:6 b:2 reads: The court also shall suspend the person's right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing.  4. New YouTube videos:     https://www.youtube.com/watch?v=6Z6R1Jff7Wk 5. Next Community events email Ken V if attending Aug 8 Bar Anticipation Friday night free food August 9, Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern cosponsor benefiting Boys & Girls Clubs of Mon. Cty. 8/10 Belmar 1-mile swim 8/11 Holme Band at D'Jais , Swim on 5th Ave Belmar prior to band https://www.facebook.com/HolmeNJ 8/16 Bradley Beach 5k co-Sponsor Wakefern 8:30 8/17 Ray Licata Long Branch Ocean Mile Swim 1 mile 8am 8/17 Raritan Valley Road Runners RVRR beach day Long Branch https://www.facebook.com/events/484221305047369/ 8/23 British Invasion https://www.facebook.com/events/532342663563859/ Editorial Assistance from Jillian Spielman, New York Law School 2015. Ms. Spielman is currently participating in Ken Vercammen's Summer Internship Program. Like Us On: Facebook  https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985 Endorse Us On: Linkedin  https://www.linkedin.com/in/kennethvercammen

E447 1. Bar A Happy Hour Good Times 2. Penalties Increased for Cell Phone use in Car 3. State v. Bivins

NJ LAWS EMAIL NEWSLETTER E447 Kenneth Vercammen, Attorney at Law July 29, 2014

Greetings!

In this issue: 1. Bar A Happy Hour Good Times   2. Penalties Increased for Cell Phone use in Car 3. Search no good where search away from location of search warrant.State v. Bivins  4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell 5. Next Community Events   1. Bar A Happy Hour Good Times      We thank the 150 friends and professionals who attended our Happy Hour & Networking Social at Bar Anticipation     We appreciate the many attendees that donated canned goods to the St. James Food Bank.     We thank the co-sponsors the NJ State Bar Association Municipal Court Section, Solo & Small Firm Division, Criminal Law Section, Young Lawyers Division, Family Law Section, Entertainment Arts & Sports Law Section, Banking Law Section, Women in the Profession Section, Minorities in the Profession Section, LGBT Rights Section, Real Property Trust and Estate Law Section Government & Public Sector Lawyers Special Committee, Renewable Energy Cleantech & Climate Change Special Committee, School Law Committee and Insurance Defense Committee, Somerset County Bar Association and Monmouth Bar Association.     My family and I had a great time catching up with old friends and meeting new ones. Special thanks to Bar Anticipation's manager Johnny B who helped organize the event for our attendees. Kenneth Vercammen, Esq. has been having social events and participating in Bar Anticipation activities for over 20 years. We appreciate the generosity of co-owners Reggie Hyde, Pat Mastroli, and Tom Jannarone, Esq. Additional thanks to photographer Tony DeGano who took photos. Many are posted on Facebook athttps://www.facebook.com/groups/352912918123420.     We look forward to seeing you and all your friends at our future events. We hope to have a big St. Patricks Day Happy Hour on March 13, 2015 at Bar A. 2.  Penalties Increased for Cell Phone use in Car      Effective July 1, 2014, 39:4-97.3   imposes increased fines for first, second and subsequent offenses of talking on a hand-held wireless telephone or texting a message with a hand-held wireless electronic communication device while driving.  Specifically, A person who violates this section shall be fined  as follows:      (1)   for a first offense, not less than $200 or more than $400;      (2)   for a second offense, not less than $400 or more than $600; and    (3) For a third or subsequent offense, not less than $600 or more than $800.       3. Search no good where search away from location of search warrant. State v. Bivins 435 NJ Super. 519 (App. Div. 2014)     In this appeal, the court considers whether the scope of the permissible area and persons to be searched, pursuant to a search warrant, extends to the location where defendant was found, seated in a vehicle, parked on the street, five or six houses away from the premises where a search warrant was being executed. The motion judge found there was probable cause to search defendant based upon the search warrant. The court reverses the holding pursuant to Bailey v. United States, the search and seizure was beyond the spatial limits of the search warrant.   4. PCR Hearing granted where defendant has colorable claim of innocence. State v. O'Donnell 435 NJ Super. 351 (App. Div. 2014)      Defendant pleaded guilty to the murder of her six-year-old son. She received a thirty-year sentence with a thirty-year MPI. She alleges her attorney was ineffective by failing to diligently pursue a diminished capacity defense and failing to adequately consult with her before urging her to plead guilty. The court reverses the trial court's denial of PCR and remand for an evidentiary hearing.    The court directs the court to separately apply the four-factor test governing plea withdrawal motions under State v. Slater, 198 N.J. 145 (2009), and the two-prong test governing PCR petitions under Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). The court compares and contrasts the two standards. Both apply to defendant's application for relief. Although the standards sometimes overlap, they do not always lead to the same results. The court instructs the trial court not to conflate the two. The court also concludes that the court mistakenly set too high a threshold for satisfying the "colorable claim of innocence" factor under Slater. 5. Next Community Events Aug 8- Bar Anticipation Friday night free food August 9- Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty. 8/10- Belmar 1-mile swim 8/11- Holme Band at D'jais 8/16- Bradley Beach 5k co-Sponsor Wakefern 8:30 8/17- Ray Licata Long Branch Ocean Mile Swim 1 mile 8am 8/17- RVRR beach day 8/23- Edison Elks British Invasion Night Like Us On: Facebook  https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985 Endorse Us On: Linkedin  https://www.linkedin.com/in/kennethvercammen Editorial Assistance from Jillian Spielman, New York Law School 2015.

E446: Ken Vercammen's 25th Wedding Anniversary 1.Recent cases: Trial Court to examine if confession based on false promise of leniency. State v. Hreha 2. PTI not available after guilty verdict. State v. Bell 3. Suppression granted where stop based on driver high beams on. State v. Witt 4. Next Community Events

Ken Vercammen's 25th Wedding Anniversary 

The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [was NJ Governor], Steve Vercammen

Recent Cases:

1.Trial Court to examine if confession based on false promise of leniency. State v. Hreha 

2. PTI not available after guilty verdict. State v. Bell 

3. Suppression granted where stop based on driver high beams on. State v. Witt 

4. Next Community Events 

  

1. Trial Court to examine if confession based on false promise of leniency. State v. Hreha 217 NJ 368 (2014) 

    The record lacks sufficient credible evidence to support the trial court's finding that defendant was not offered leniency in exchange for his confession. The matter is remanded for a new Miranda hearing to allow a trial court to make fresh credibility and factual findings, after which the trial court may decide what weight, if any, to assign to any promises of leniency when it applies the totality-of-the-circumstances test. 

2.  PTI not available after guilty verdict. State v. Bell 217 NJ 336 (2014) 

    PTI is a pretrial diversionary program that is not available to a defendant once the charges have been tried before a judge or a jury and a guilty verdict has been returned.

3. Suppression granted where stop based on driver high beams on. State v. Witt 435 NJ Super. 608 (App. Div. 2014) 

    The court granted leave to appeal an order granting defendant's motion to suppress evidence seized during a warrantless search of his vehicle. The court affirmed not only because it is bound by State v. Pena-Flores, 198 N.J. 6 (2009), and its many antecedents, and not only because no exigencies for the search were revealed during the suppression hearing, but also because there was no legitimate basis for the motor vehicle stop that preceded the search. In this last regard, the record demonstrated that the police officer stopped defendant's vehicle because defendant did not dim his high beams as he drove by the officer's parked patrol vehicle. Because the patrol vehicle was not an "oncoming vehicle," and because there were no other "oncoming vehicles" on the road at the time, the police officer did not have objectively reasonable grounds to believe defendant had violated the high-beam statute, N.J.S.A. 39:3-60, in making the vehicle stop.  

4. Next Community Events

7/9- Woodbridge 4-mile   7pm free pizza

7/9- RVRR Summer Pub Crawl

Belmar 5 Mile Race July 12, 8:30am

Kenneth Vercammen is again putting together 5 teams of both competitive and non- competitive runners.  If you are running email Ken at Kenv@njlaws.com

Individual Application online at http://www.belmar5.com/belmar.pdf 

Friday, July 18

Happy Hour & Networking Party

5:00PM - 7:00PM

   at Bar Anticipation

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 $1.50 House Drink, Bud/BudLt draft & House Wine Special

7/19- Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event. 8am

7/20- Eden Autism 5K and Fun Run in Princeton, 9am

7/22- Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park 7pm

7/26- Sea Girt 1 mile swim 8am

7/26/14- Parker House 2 Mile Fun Run & Beer Party! in Sea Girt, New Jersey. If you swim fast enough you can make the parker horse run at 9:47.

7/27- 5k Run/Walk VFW Post #133 East Brunswick, NJ 9:00AM

E445: 1. If Defendant detained, third person's consent to search no good. 2.Co-Occupant consent to search valid. 3.Belmar 5 Mile Race fun teams July 12, 8:30am 4. Ken Vercammen & Friends' Happy Hour & Networking Party 5. Handle you Estate Plan before Vacation 6. Join the Edison Community Pool!

Recent Cases: 1. If Defendant detained, third person's consent to search no good.  2. Co-Occupant consent to search valid.    3. Belmar 5 Mile Race fun teams July 12, 8:30am 4. Ken Vercammen & Friends' Happy Hour & Networking Party 5. Handle your Estate Plan before Vacation 6. Join the Edison Community Pool Now!   1. If Defendant detained, third person's consent to search no good. State v. Coles ___ NJ____ (2014) A-1512      If Defendant detained, third person's consent to search no good. State v. Coles ___ NJ____ (2014) A-1512. Under the circumstances presented here, a third party's consent to conduct a warrantless search of a defendant's living space is insufficient to justify the search when the defendant is unlawfully detained by police.  2. Co-Occupant consent to search valid. State v. Lamb 217 NJ 442 (2014)    Under the circumstances of this appeal, an occupant's knowing and voluntary consent to search a premises is constitutionally effective against a third party and is not nullified by the prior objections of an absent co-occupant whose absence is not the result of a police effort to avoid an objection  3. Belmar 5 Mile Race fun teams July 12, 8:30am       Kenneth Vercammen is again putting together 5 teams of both competitive and non- competitive runners.  If you can finish 5 miles in less than 1 hour, you can be on our teams of fun. Email Ken at Kenv@njlaws.com Our winning teams in last year won free beer tickets. Individual Application online at http://www.belmar5.com/belmar.pdf  or go to https://runsignup.com/Register/?raceId=9379          The name of our teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [just trying to finish] and our masters, known as "The Legends of Belmar". We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club and Rumson Hash.         You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities. If you have or will enter the Belmar 5, email Ken V at KenV@njlaws.com           After you register Bib # will be online. Post Race Activities - Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.   Team awards, music and Beach party, after the race at Bar Anticipation.    Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar) More details on Belmar 5 at  http://www.belmar5.com/   4. Ken Vercammen & Friends' Happy Hour & Networking Party   at Bar Anticipation 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 $1.50 House Drink, Bud/BudLt draft & House Wine Special Email Vercammen@njlaws.com to get on the VIP list. 5. Handle your Estate Plan before Vacation    What has happened since you created or updated your estate plan? Consider how your priorities may have changed since any of these events may have occurred: marriage, children, death of a loved one, divorce/separation, relocation, and tax law changes. By revisiting your estate plan you can ensure that there are no errors and that your wishes are known. Is it time to take a fresh look at your estate plan? Together, we can discuss your current situation and determine what may need updating. Call today to schedule an appointment. 6. Join the Edison Community Pool Now!      The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the Edison Community and surrounding areas this summer.       The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun. Edison Pool Dates and Hours of Operation:       The Pool opens on weekends only from Memorial Day through June 15- Hours Sat. 11am-8pm and Sun.12-8pm The pool will be open for the summer starting June 20 through Labor Day Also available this year swim lessons for children ages 4-6 and 7-8. http://www.ymcaofmewsa.org/ or call for info 732-548-2044

Editor's Note and Disclaimer: All materials Copyright 2014. 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