NJ Laws Newsletter E477

NJ LAWS EMAIL NEWSLETTER E477

Kenneth Vercammen, Attorney at Law

September 29, 2015

In this Issue:

1.  Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ  Recent Cases: 2. Police could enter home for dropped 911 call. 3. Court should have adjourned case for defendant to hire own attorney.  4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen 5.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30 6.  Next free community seminars E478 1.  Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ  (732) 287-9299     A recent review says "Best sub place in Edison! Better then tastee sub shop and better then super duper deli! Owners are so nice always asking how you are doing. Great prices! And also very very good breakfast sandwiches too!!! You should definitely stop in and try it you won't be disappointed!!" Plus morning coffee https://www.facebook.com/Craigs-Deli-II-119759894772202/timeline/ Recent important cases: 2. Police could enter home for dropped 911 call.  State v. Reece ___NJ ___ (2015)(A-79/80-13)        The emergency-aid doctrine justified the officers' warrantless entry into defendant's home. Based thereon, defendant's conviction for resisting arrest is affirmed, and defendant's conviction for obstruction is reinstated.     A jury convicted defendant Brian Firman of third-degree possession of cocaine, third-degree possession of cocaine with intent to distribute and third-degree distribution of cocaine. Defendant appealed, asserting that a detective's testimony impermissibly crossed into expert testimony. Only if a police officer is properly qualified as an expert witness may he or she give opinion testimony explaining the implications of observed behaviors that may be beyond the understanding of a juror. In multiple portions of his direct examination, the detective expressed opinions that he was not allowed to make as a fact witness. The state did not dispute defendant's contention that the testimony exceeded its permissible scope. Nonetheless, the state asserts that any error was harmless due to the strength of the evidence against defendant. The appellate panel rejected that contention and reversed and remanded for a new trial, finding that the testimony impermissibly crossed into expert testimony and was capable of producing an unjust result. 3. Court should have adjourned case for defendant to hire own attorney.  State v. Martinez  440 NJ Super. 537 (App. Div. 2015)     The court examined the tension between a trial court's discretionary "authority to control its own calendar" by denying an adjournment request and the need to safeguard "a defendant's Sixth Amendment right to a fair opportunity to secure counsel of his own choice" in light of State v. Miller, 216 N.J. 40, 62, 65 (2013). Guided by the framework for review set forth in State v. Hayes, 205 N.J. 522 (2011), the court concluded the denial of defendant's request to adjourn trial, without weighing the facts presented supporting the requested adjournment, reflects an arbitrary exaltation of expedience in case processing at the expense of defendant's right to counsel. Accordingly, the court vacated the judgment of conviction and remands the matter for a new trial.  4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen        If you are attending any of these charity races, please call or email Ken V.  at   Kenv@njaws.com Often we car pool or meet at these events. I update this list at: http://vercammensport.blogspot.com/ 10/3      Metuchen Fair [not a race] 10/4    Jersey Shore Half Marathon & Lighthouse 5k   Sandy Hook 9:05 , then nice view from On the Deck Restaurant in Atlantic Highlands 10/11   East Brunswick 5k & 10k   1pm RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick)well run event Road closed to traffic   www.ebrr.org  , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick 10/17     Cranford 5k  co-sponsor by Wakefern Shoprite 10/18     Shrewsbury 5k   9am 10/ 24    Univ of Delaware 5k   10/25     Trick or Trot 5k 11am now at Deal Casino 10/28     RVRR Halloween pub-crawl New Brunswick 5.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30  Monday-Friday 2-3 hours per day  Monday- Friday     start 8:55am $8.50 per hour OTHER DUTIES -Adding client names to computer database, prepare letters, and work on client traffic ticket matters. - Preparation of documents on Computer and mail to courts -Telephone Answering -General Office duties in Law Office -Update mailing/ client lists and learn marketing -All other work needed including working on litigation cases  Must be dependable and committed to perfection.       A good way to learn law office procedures        Call Law Office of Kenneth Vercammen & Associates  732-572-0500          Check out our website at www.njlaws.com to see more information on our law office. 6.  Next free community seminars October 5, 2015 Power of Attorney & Living Will Seminar  North Brunswick Chapter #3885 of AARP at 1pm October 6, 2015 Colonia Seniors Wills, Estate Planning & Probate Seminar at 1:00pm       Colonia Firehouse 250 Inman Ave., Colonia, NJ 07067 October 12, 2015  North Edison Library Wills, Estate Planning & Probate Seminar at 7pm     New App Connects Public, Attorneys to Municipal Courts               The New Jersey Judiciary has developed a mobile app that connects the public and attorneys to resources in the state's municipal courts, Chief Justice Stuart Rabner announced today.               The NJMC (New Jersey Municipal Courts) app, available for Apple, Android and Windows mobile devices, presents information about the municipal courts available on the Judiciary's website, njcourts. com, in an easy-to-use mobile format.               Using convenient one-touch links, users can pay traffic tickets and access the location, court hours, court leadership and contact information and directions to the state's 506 municipal courts and resources, including municipal division offices and information on how the municipal courts operate.               "The development of the NJMC app is another example of how the Judiciary is working to connect the public to useful information on our website in a convenient way," said Chief Justice Rabner. "People come into contact with the municipal court more than any other part of the court system, so we hope that this information will be extremely valuable."               The app is divided into three sections. The first allows users to pay traffic tickets online through NJMCdirect, the second is a searchable, alphabetical listing of the state's municipal courts, and the third includes links to the publication "Your Day in Municipal Court," which answers the most-asked questions about how a typical municipal court case proceeds.               The NJMC app is the third app the Judiciary has developed. The NJAttorney app, released last year, has information attorneys use most frequently, including Notices to the Bar, directions and contact information for courthouses and the court rules and rules of evidence.               The NJJuror app, released in 2013, offers jurors convenient access to information about their jury service, including directions, parking information, call-off messages and announcements, and contact information for local jury managers. A list of frequently asked questions and a link to the "You, the Juror" introductory video that all jurors watch at the beginning of their jury service also are available. All three apps are available for Apple, Android and Windows mobile devices.

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

NJ Laws Email Newsletter 476

In this Issue:
1. Recent Cases:  Single tablet dismissed as de minimis. State v. Cancio
2. Police should not have ordered driver out of car on traffic stop. State v. Keaton
3. Reasons to Join the Edison Elks or an Elks in your community
4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book

1. Single tablet dismissed as de minimis. State v. Cancio, (App. Div. Decided March 16, 2015) 14-3-6154, Unpublished.

      Defendant Alvin Cancio filed a motion to dismiss River Edge summons No. W-2014-000101, in which he was charged with possession of a controlled dangerous substance as de minimis, pursuant to N.J.S.A. 2C:2-11. Defendant was charged with this offense, as well as driving while intoxicated, careless driving and failure to maintain lane after being stopped by police and arrested. The application for de minimis dismissal was opposed by the Office of the Bergen County Prosecutor. The small quantity of Alprazolam found was of little value and no violence or weapons were involved. The pill remained in defendant's wallet. The court found the prosecutor would be hard-pressed to show prosecuting defendant for possession of a single tablet of Alprazolam under a belief the pill was a sexual enhancer would attack either the supply side or demand side of the drug problem. Further, the court found it unclear what societal harm was caused by defendant's possession of a single tablet under the belief it was a sexual enhancer. Defendant's conduct was "trivial," at least as it pertains to creating a permanent record for a young offender attempting to work and pay off hundreds of thousands of dollars of medical bills that arose from a car accident that left him severely injured. Incarceration or a permanent record for inadvertently possessing a single tablet of a CDS would not help defendant, the hospital or society. Defendant's motion to dismiss complaint-summons number 0252-S-2014-000101 as de minimis was granted.
Source: N.J.L.J Daily Briefing Unapproved Opinions: March 12-18, 2015

2. Police should not have ordered driver out of car on traffic stop. State v. Keaton ___NJ ___ (2015) (A-92-13)
        The law enforcement officer was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If after giving a defendant that opportunity, he or she is unable or unwilling to produce the registration or insurance information, only then may an officer conduct a search for those credentials. Here, because defendant was never provided with such an opportunity, the seizure of the contraband was unlawful under the plain view doctrine. Further, the community-caretaking doctrine was inapplicable because there was no need for an immediate warrantless search to preserve life or property.

3. Reasons to Join the Edison Elks or an Elks in your community

         The Elks have been synonymous with charity and community for over 100 years.  They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged.  In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.

         I have enjoyed my Community Elks membership in the Edison Elks for 20 years.

ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen

1.      Wildwood Convention
2.      Lobster Night
3.      St. Patty's Dinner
4.      Good Friday Dinner
5.      Officers Installation & Dinner
6.      Easter Egg Hunt for Children
7.      Friendship at hundreds of clubs on the USA
8.      Swim Club opening for Elks/YMCA Edison Pool
9.      Family Pool Day
10.     Beef & Brew
11.     Family Pool Night
12.     Nascar Night
13.     Soccer Shoot out for Children
14.     Halloween Party for Children
15.     Ladies Auxiliary Christmas Party
16.     Christmas Party for Children

  We Elks are a nationwide fraternal organization of well over a million American citizens.  We love our country and desire to preserve its cherished institutions, traditions and values.  We respect our neighbors and constantly seek to promote their well being.  We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.

         We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."

         Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year.  We fund scholarships, athletic teams, summer camps, scouting, and drug education programs,  We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.

         Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with  physical disabilities including vision and speech problems, all across the county.

          In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs.  This does not take into consideration donated hours equivalent to over thirty-five million dollars.

          In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found.  In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.

4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
         If you are attending any of these charity races, please call or email
Ken V.  at  Kenv@njaws.com Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/

9/12 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30  Co-Sponsor Wakefern Shoprite
9/16   Wills, Estate Planning & Probate Seminar    10AM (Not A Race)
 Sayreville Senior Center 
 423 Main Street
 Sayreville NJ 08872
Call Sayreville Senior Center to Register at 732-390-7059

9/19      Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
9/20      Asbury Park One More Tri 7:30
9/20      JSRC Picnic at Monmouth Park Racetrack
9/27      Race Against Hunger 5k Roosevelt Park
10/3      Metuchen Fair [not a race] followed by Asbury Park Zombie walk
10/4    Jersey Shore Half Marathon & Lighthouse 5k   Sandy Hook 9:05, then nice view from On the Deck Restaurant in Atlantic Highlands
10/11    East Brunswick 5k & 10k   1pm RVRR well run event Road closed to traffic  www.ebrr.org , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick
10/17      Cranford 5k  co-sponsor by Wakefern Shoprite

5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book
September 21, 2015
5:30PM-9:00PM
NJ Law Center, New Brunswick, NJ
     Please forward to any attorneys, prosecutors or judges you believe may be interested.
    
Speakers: Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year
William G. Brigiani, Esq., Past President Middlesex County Bar
John Menzel, Esq., Past Chair Municipal Court Section
Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth Assistant Prosecutor-Woodbridge
William Brigiani
Tara Auciello   Edison Prosecutor
                
Program Agenda
5:30  Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)
6:00      Procedure: What to expect on your day in court  Tara Auciello
             Procedural issues; Driving while suspended; probationary drivers
6:25   The Prosecutor's Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor  (Norma M. Murgado, Esq.)
7:25    domestic violence , assault, recent court rules changes, defending drug cases and cases             (William G. Brigiani, Esq.)
7:55  Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)
8:35     Point Counter Point on DWI
                 (John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq. followed by panel interaction)

9:00        Questions

http://www.njicle.com/viewprogram.aspx?catid=2115&progid=11383
  Speakers invite questions during the break and after the conclusion of the program

A special Q&A session: Ask the Experts
NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division
$170- $190 tuition depending on  NJSBA membership
Seminar # S150700F5
Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500
CustomerService@njicle.com
CAN'T ATTEND?   Contact NJ ICLE for CD, book, Video

Thank you for reading our newsletter!  God Bless America USA #1

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

NJ LAWS EMAIL NEWSLETTER E475

NJ LAWS EMAIL NEWSLETTER E475
Kenneth Vercammen, Attorney at Law

1. Have a Power of Attorney prepared for your college children and children traveling out of state
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek.
4. Next community events we participate in

1. Have a Power of Attorney prepared for your college children and children traveling out of state
     
      There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
      Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
    Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
      While you may never need to use these documents, it is better to be safe than sorry!

2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield, ___ N.J. Super. ___ (App.Div. 2015) (A-5640-13T4).

    The Open Public Records Act (OPRA) does not include a blanket exemption for video recordings made from an outdoor security camera. To justify denying an OPRA request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1 for "security information," "procedures," "measures," and "techniques," the government agency must make a specific showing of why disclosure would jeopardize the security of the facility or put the safety of persons or property at risk.
     Because we agree with the trial court that the township did not make a sufficiently specific showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g) requires a government agency to review requested recordings and redact only actual confidential information, as argued by plaintiff and the ACLU. Such a requirement of review and redaction seems  impractical and virtually impossible to implement when the request is for lengthy surveillance recordings, such as the fourteen hours of recordings requested here by plaintiff.

3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek, 221 N.J. 66 (N.J. 2015).

      Subsection (a)(3) of the bias-intimidation statute, N.J.S.A. 2C:16-1, fails to give adequate notice of conduct that it proscribes, is unconstitutionally vague, and violates the Due Process Clause of the Fourteenth Amendment.

4. Next Community events we participate in

9/5 Scranton Minicozzi 5k 10am
9/7 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
   
     Best wishes to Brendan Vercammen as he starts at Midwestern UniversityCollege of Dental Medicine. The dental school is located north of Chicago in Downers Grove, Illinois. Brendan completed U of Miami in four years, completed his Masters degree at Kean University in one year. Shannon Vercammen is starting her senior year at U of Delaware and is on the Dean's list. We are very proud of both.

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