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.

Friday, February 27, 2015

NJ LAWS NEWSLETTER E463


NJ LAWS
NEWSLETTER E463
Kenneth Vercammen, Attorney at Law

1.  Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social.  
 Recent Cases: 
2. DL suspension should not be stayed after conviction unless findings of fact.  
3. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H.  
4.  Next community events. 
5. Subscribe to our NJ Municipal Court Law Review newsletter.  
6. New YouTube educational videos 

1.  Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social
Friday, March 13, 2015
 5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
    The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
       Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
         The confirmed sponsors for the March 2015 Happy Hour are NJ State Bar Association Municipal Court Section, Young Lawyers Division, Banking Law, Taxation, LGBT Rights Section, Immigration Law Section. Health Law Section, Special Civil Part Special Committee, Lawyers in Transition Committee, Fidelity and Surety Law Special Committee, Privacy Law Special Committee, Special Committee for Paralegals, New Jersey Defense Association  Board, Retired Police & Fire Middlesex Monmouth Local 9, Jersey Shore Chamber of Commerce.
 If your group, non-profit or organization wishes to co-sponsor, please contact Ken Vercammen, Edison, NJ
https://www.facebook.com/events/921987801168706

2. DL suspension should not be stayed after conviction unless findings of fact.  State v Robertson __N.J.Super.__(App. Div. 2014) A-0296-13T1
         In this appeal from a DWI conviction, the court rejects defendant's argument that the Alcotest results should have been excluded because he was denied discovery of certain repair records, which were created by the Alcotest's manufacturer, and certain downloaded data, which the State routinely erases. The court concludes the records were not discoverable under Rule 7:7-7, nor did they constitute Brady material.
         The court also addressed the unexplained decisions of both the municipal court and the Law Division to stay defendant's license suspension pending appeal. The court instructs trial courts that any stay of a license suspension after a DWI conviction should be supported by adequate findings of fact and conclusions of law, and should comply with standards governing the grant of a stay pending appeal set forth in Garden State Equality v. Doe, 216 N.J. 314, 320 (2013).

3. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H. 436 N.J. Super. 427 (App. Div. 2014)
       The court considered the application of the expungement statute, N.J.S.A. 2C:52-1 to -32, where petitioner was charged with a fourth degree offense but ultimately agreed to a violation of a statute for which he paid a civil penalty. Petitioner requested expungement of all criminal records, which was granted by the trial judge; records of the civil violation and the file of the NJSPCA were not subject to expungement.
       The State appealed, advancing numerous reasons for reversal, primarily arguing the final disposition controls whether expungement relief is available. Maintaining the initial criminal charges were part of the same file that was disposed of through a plea agreement-allowing defendant to pay a civil penalty, the State asserts expungement cannot be permitted. The court disagreed and concluded petitioner was not convicted and the final disposition was not a plea agreement. Rather, the criminal charges were dismissed. Accordingly, expungement was permitted under N.J.S.A. 2C:52-6(a).

4.  Next community events:
March 1      Belmar St. Patrick Parade  (1st Sunday)   12:30

March 2, 2015 at 1:15 Monday  
Estate Planning & Probate Seminar
 North Brunswick Chapter #3885 of AARP
North Brunswick Senior Center, 15 Linwood Place, North Brunswick, NJ 08902    [Materials distributed at 12:15]

March 7, 2015 South Amboy St. Patrick Parade -Hand out invites for Happy Hour

March 8, 2015     St Patrick Parade - Woodbridge  1:30

Friday, March 13, 2015
Happy Hour & Networking Social
5:00PM - 7:00PM  
2015 Union County Saint Patrick's Day Parade  Saturday March 14th 2015 at 1.

3/15/15  St. Paddy's 10 miler & 5k    9:30 Freehold   Keg of beer and some food   great FARC event keg is outside.

March 15, 2015 Sunday, West Orange St. Patrick Parade, Somerville St Patrick's Day Parade  Sunday March 15th, 2015 @ 1:30pm


5.  We also publish the NJ Municipal Court Law Review newsletter. I served as the Prosecutor for Cranbury Township, Middlesex County for nine years and started the NJ Municipal Court Law Review to provide attorneys, prosecutors, police officers and individuals involved in the criminal justice system with recent criminal and traffic cases.    
To subscribe, Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review.  This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.
      Vouchers accepted. Please send a stamped, self-addressed envelope for their return.  Multiple subscriptions encouraged.
      Please must send a $20.00 check payable to Vercammen & Associates, PC.

Kenneth A. Vercammen, Esq.,   
                Editor- NJ Municipal Court Law Review  
                2053 Woodbridge Ave.
                Edison, NJ 08817
                732-572-0500
               Tax ID # available

6.  We discontinued doing our weekly WCTC show due to the cost involved.  To better reach and inform our past and current clients, colleagues, and friends we will be offering New YouTube educational videos for free as part of this weekly email newsletter.

Removing an Executor of an Estate

Duty of an Executor

Post Will Instructions

Possession of Marijuana defense in NJ

NJ Estate Tax

More at:


 




KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Wednesday, February 11, 2015

State v Borjas Court Says Ban on Fake Government Documents Not Unconsti...

E462 1. News 12 NJ TV interviews Ken Vercammen on Breach of Contract and failure of wedding hall to refund deposit. 2. Star Ledger interviews Ken Vercammen regarding Yankees and A-Rod contract. 3. Recent cases: DWI offenses separated by more than ten years are eligible for "step-down" provision. State v. Revie 4. Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal 5. Nursing Home Patient Bill of Rights 6. Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social, Friday, March 13, 2015, 5:30PM - 7:30PM 7. New YouTube educational videos

1. News 12 NJ TV interviews Ken Vercammen on Breach of Contract and failure of wedding hall to refund deposit.
2. Star Ledger interviews Ken Vercammen regarding Yankees and A-Rod contract.
3. Recent cases:  DWI offenses separated by more than ten years are eligible for "step-down" provision. State v. Revie 
4.  Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal  
5.  Nursing  Home Patient Bill of Rights
6. Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social, Friday, March 13, 2015, 5:30PM - 7:30PM
7.  New YouTube educational videos

1. News 12 NJ TV interviews Ken Vercammen on Breach of Contract and failure of wedding hall to refund deposit.

2. Yankees vs. Alex Rodriguez: How lawyers say team could avoid paying him.
http://www.nj.com/yankees/index.ssf/2015/01/fraud_among_defenses_yankees_could_use_to_not_pay.html

 
3. Recent cases:  DWI offenses separated by more than ten years are eligible for "step-down" provision. State v. Revie __ NJ __ (2014) A-31-13
The N.J.S.A. 39:4-50(a)(3) "step-down" provision can benefit a DWI offender more than once, provided that the defendant's most recent and current DWI offenses are separated by more than ten years.  In this case, defendant should be sentenced as a second DWI offender with respect to any term of incarceration imposed, and as a third DWI offender with respect to the applicable administrative penalties.

4.  Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal  __ NJ Super.__ (App. Div.) A-3715-13T3  
     The court granted leave to examine an interlocutory order which denied defendant's motion to recuse the Bergen County judiciary from presiding over a prosecution that included a charge of conspiring to murder a Bergen County assistant prosecutor. The issue reached an acute stage when the State informed it would offer evidence at trial that defendant threatened the lives of two Bergen judges. Even though the court acknowledged the trial judge, who was not one of the threatened judges, appeared able to fairly and impartially preside, the court held that defendant is entitled to the relief sought because, in the final analysis, "justice must satisfy the appearance of justice" and a reasonable person would harbor doubts about the fairness of the proceedings.

5.  Nursing  Home Patient Bill of Rights
NJSA 30:13-8  Violations; causes of action; damages. 
    Any person or resident whose rights as defined herein are violated shall have a cause of action against any person committing such violation.  The Department of Health and Senior Services may maintain an action in the name of the State to enforce the provisions of this act and any rules or regulations promulgated pursuant to this act.  The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and punitive damages for their  violation.  Any plaintiff who prevails in any such action shall be entitled to  recover reasonable attorney's fees and costs of the action. b.  In addition to the provisions of subsection a. of this section, treble damages may be awarded to a resident or alleged third party guarantor of payment who prevails in any action to enforce the provisions of section 3 of P.L.1997, c.241 (C.30:13-3.1).
    More on Nursing  Home Patient Bill of Rights    http://elder-law.blogspot.com

6. Friends, Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour & Networking Social
Friday, March 13, 2015
 5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
    The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
       Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
         The confirmed sponsors for the March 2015 Happy Hour are NJ State Bar Association Municipal Court Section, Young Lawyers Division, Banking Law, Taxation, LGBT Rights Section, Immigration Law Section. Health Law Section, Special Civil Part Special Committee, Lawyers in Transition Committee, Fidelity and Surety Law Special Committee, Privacy Law Special Committee, Special Committee for Paralegals, New Jersey Defense Association  Board, Retired Police & Fire Middlesex Monmouth Local 9, Jersey Shore Chamber of Commerce.
 If your group, non-profit or organization wishes to co-sponsor, please contact Ken Vercammen, Edison, NJ

7.  New YouTube educational videos


Careless driving 39:4-97



2C:17-3 Criminal mischief in NJ

More at:


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

Friday, February 06, 2015

E461 1. Liability Injury due to Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 2. Recent cases: No jail for careless driving unless aggravating factors found. State v Palma 219 NJ Super. 584 (App. Div 2014) 3. Failure to read refusal warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014) 4. Next Charity events 5. New Youtube videos

1. Liability Injury due to Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 
2. Recent cases:  No jail for careless driving unless aggravating factors found.
 State v Palma 219 NJ Super. 584 (App. Div 2014)
3. Failure to read refusal warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014)
4.  Next Charity events
5.  New Youtube educational videos 

1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 

     The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
     If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
     No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises, which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
     If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.
     What actions must the owner of commercial property take with regard to defects / snow / ice accumulation/ dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect / snow / ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.
  If you are injured, after seeking medical treatment and advising the store/mall, 

 
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an Appointment.

Recent cases:  
2.   No jail for careless driving unless aggravating factors found. State v Palma  
219 NJ Super. 584 (App. Div 2014)
   The factors outlined by this Court in State v. Moran, 202 N.J. 311 (2010), should be followed by judges in the municipal court and Law Division when imposing sentences for careless driving. 

 
3 . Failure to read refusal warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014)
     In this appeal, defendant argued the police failure to read to him the standard statement referred to in N.J.S.A. 39:4 50.2(e) - which, in its current iteration, largely but not entirely advises of the consequences of refusing to provide a breath sample - requires reversal of his DWI conviction based solely on an Alcotest reading. The court held this alleged failure was not fatal to the DWI conviction because defendant did not refuse to provide a breath sample.

4.  Next Charity events:
1/31  RVRR Annual dinner Piscataway
2/1/15   Freehold Winter 5k   10:00am Sunday
2/2 Rutgers Law School Newark Starting a Law practice class 3:55pm
2/8, 11 a.m. ORC Winter Series, Ocean County Park, Lakewood, New Jersey
2/21 Manasquan 2 mile beach run
2/22  Sunday, February 22, 2, 4, 0r 6 Miles, 10:58 a.m. Train Run Snowball Express, Asbury Park, New Jersey
March 1 march with JSRC at Belmar St Patrick's Day Parade

5. New Youtube educational videos:
39:4-96. reckless driving

39:4-144 Stopping or yielding right of way before entering stop 
or yield intersections.39:4-144

PTI Pre Trial Intervention for first offender criminal charges


2C:12-3. Terroristic threats

Wills & Estate Planning in NJ

More at:

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