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, March 27, 2015

NJ Laws Newsletter E465

Kenneth Vercammen, Attorney at Law

1. Ten Estate Planning Ideas for Divorced or Separated Persons
2. Recent Cases: Driver is not subject to criminal driving while suspended if DWI suspension period expired prior to driving.
3. Court permits police to ignore guidelines requiring Alcohol influence report be given to DWI suspects. 
4.  New YouTube educational videos, Making Changes to Last Will and Testament, Pre-Trial Intervention, Conditional Discharge of First Time Drug Arrests, Defense to criminal charges committed while someone intoxicated. 

1. Ten Estate Planning Ideas for Divorced or Separated Persons     
       Under the laws of most states, if a married person dies without a Will and without children, their spouse will inherit all assets, even if they are separated from the spouse. In addition, if you have children from a previous marriage, but no Will, your separated spouse often will get half your estate. In planning, make sure your assets go to your loved ones or favorite charity, rather than a soon to be ex.. Therefore, recommend the following:
  1) Have an Elder Law attorney prepare a Will to distribute your assets to the people you care the most about. If you already have a Will, prepare a new Will and have the old Will revoked. ( Your estate planning attorney will explain this to you.)
  2) Prepare a new Power of Attorney to select someone to handle your finances if you become disabled. Have your old power of attorney revoked asap, with written notice to the ex and the attorney who drafted the original document.
   3) Prepare a new Living Will prepared
  4) Change your beneficiary on assets you may own, such as stocks, bank accounts, IRA, and other financial assets. Change your beneficiary under your own life insurance, whether whole life insurance or term insurance.  
  5) Contact your employer's human resources and change the beneficiary on life insurance, pension, stock options or other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries.
  6) Keep your personal papers at a location where family can find them and can't be stolen or destroyed by angry spouse..
  7) Have your attorney prepare a prenuptial agreement if you decide to get married again.
  8) Make sure the trustee for any funds designated for your children is the right trustee, not your former brother in law.
  9) In New Jersey and many states, if you are married and living with your spouse, under certain instances the surviving spouse has a right to elect against the Will. The disinherited spouse may like to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children.
  10) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody.     
       For single moms, they should have these documents prepared so they can select first choice as guardian for their kids. Example, select your own mother as guardian, rather than the deadbeat father who does not timely pay child support or pick up the child for visitation.

2. Driver is not subject to criminal driving while suspended if DWI suspension period expired prior to driving.  State v Perry  __ NJ Super. ___ (App. Div. 2015)Docket  A-1767 -13T2
    N.J.S.A. 2C:40-26(a) and (b) make driving while suspended under specified circumstances a fourth-degree crime, punishable by a mandatory minimum jail term of 180 days, where the underlying suspension arose from driving while intoxicated (DWI), N.J.S.A. 39:4-50, and/or refusal to submit to chemical testing, N.J.S.A. 39:4-50.4(a). The court concluded in these appeals that prosecutions under the statute can be brought only if the act of driving while suspended occurs during the court-imposed term of suspension.   
     Note- Ken V successfully represented four of the winning parties before the Law Division. The Appellate Division affirmed the well-reasoned opinion of Hon. Douglas Wolfson JSC.

3. Court permits police to ignore guidelines requiring Alcohol influence report be given to DWI suspects.  State v Sorensen  __ NJ Super. __ (App. Div. 2015) A-3797-13T4
      After the Law Division suppressed defendant's blood alcohol content (BAC) results, it sentenced her on her guilty plea to driving under the influence. Nonetheless, the State's appeal of the suppression was not barred by double jeopardy because defendant had entered a conditional plea to, and been sentenced for, the per se violation in Municipal Court.
      The Law Division suppressed the BAC results because the Alcotest operator did not give a copy of the Alcohol Influence Report (AIR) to the arrestee in the police station. Although State v. Chun, 194 N.J. 54, 82 (2008), said the operator "must" do so, that comment about recommended Alcotest procedure did not override the statutory standard only requiring the police to give a copy of the breath test results upon request. N.J.S.A. 39:4-50.2(b). In any event, the timing of copy delivery does not affect the validity of the test results. Moreover, police must advise arrestees of their ability to request a copy and to get an independent test. Therefore, suppression is not warranted in the absence of prejudice. Furthermore, a suppression remedy should not be imposed retroactively.
        Judge Sabatino concurs in the result. Given the time-sensitive dissipation of alcohol in the bloodstream, he believes Chun sensibly requires the operator to provide a copy of the AIR contemporaneously, consistent with the policies of the Attorney General and the State Police, and that the statute does not foreclose affording such added procedural protection to tested drivers. He agrees that suppression in this case and retroactive relief are not warranted
4.  New YouTube Educational Videos 

Pre-Trial Intervention

Conditional Discharge of First Time Drug Arrests

Defense to criminal charges committed while someone intoxicated 

More at:

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.

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

NJ Laws Newsletter E464

Kenneth Vercammen, Attorney at Law

1.  Recent Cases: Expungement of Single Judgment Encompassing Multiple Crimes Denied. 
2.  Hearsay at Rule 104 hearing not admission at trial for confession to driving. 
3.  Calendar of  Events 
4.  New YouTube educational videos 

Recent Cases: 
1.  Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B. 436 NJ Super. 48 (App. Div. 2014).
    The court held that expungement is not permitted by N.J.S.A. 2C:52-2(a), which allows expungement for a person convicted of "a crime," where the petitioner had pleaded guilty to multiple briberies over the course of two days even though those crimes had a single purpose and even though they were memorialized in a single judgment of a conviction. 

2.  Hearsay at Rule 104 hearing not admission at trial for confession to driving. State v. Harvey (App. Div. Decided September 9, 2014)A-2921-12T1 Unreported.
   Following trial de novo on the record of the Northfield Municipal Court, the Law Division judge found defendant guilty of driving while intoxicated and sentenced him as a third-time offender.  The appellate panel finds that the procedure employed in the Law Division violated defendant's rights to procedural due process and fundamental fairness. There was no basis for a 104 hearing on this record.  Defendant was not seeking to suppress his statements to the arresting officer, nor did he assert that the officer lacked probable cause to arrest him for driving under the influence.  The officer testified at the 104 hearing that he was dispatched to a doctor's office in response to a call stating that defendant appeared intoxicated and was "gonna drive home."  Defendant made no objection to that testimony, which was not relevant to the issue before the municipal court, namely, whether defendant drank en route to the doctor's office or after he parked the pick-up truck in the parking lot.  That testimony, however, became relevant when the State advanced its alternate theory of operation before the Law Division and the judge relied on it in finding that the State proved defendant's intent to drive away from the doctor's office.  The testimony was hearsay.  The Law Division judge rejected defendant's attempt to counter those proofs with the truncated testimony in the municipal court that he had arranged for someone else to drive him home and his offer to have that person testify in the Law Division.  Because the Law Division determined that there was insufficient evidence to convict defendant under the only theory properly before it, namely that defendant drank en route to his doctor's appointment, that ruling was an adjudication on the merits of the charge entitling defendant to an acquittal. The panel reverses defendant's conviction and remands to the Law Division for entry of a judgment of acquittal.  Source Daily Briefing - 9/10/2014 

3.  Calendar of  Events
 Friday, March 13, 2015
Happy Hour & Networking Social
5:00PM - 7:00PM
Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719

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

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

Edison Library
Wills, Estate Planning & Probate Seminar
March 24, 2015 at 7pm   Free community program
340 Plainfield Ave.
Edison, NJ 08817


SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                  (Author- Answers to Questions About Probate)

     The NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills              
2. 2015 changes in Federal Estate and Gift Tax 
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney                        
5.  Living Will                                          
6.  Administering the Estate/ Probate/Surrogate                   
7. Questions and Answer                  

        COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Municipal Court College
March 30, 2015 Monday
New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
         Law students can attend for free  [dinner, book, CD not included.] email to customerservice@njicle.com
or call Customer Service at 732.214.8500

A guide to handling Municipal Court matters. This information-packed program is designed for attorneys and those involved in Municipal courts, such as Prosecutors, Police Judges and Court staff.

Program Agenda: 
Initial client interview; getting retained; dealing with the prosecutor -  Plus an update on the conditional dismissal program-   
Driving While Suspended -
Drug Cases and DREs
Assault and miscellaneous proceedings
DWI/Blood , Alcotest/Ignition Locks/Alcotest Refusal
 Q&A and closing comments 

Speakers: Kenneth Vercammen Esq.  Past Chair Municipal Court      Section 
Josh Reinitz, Esq.
Tara Auciello Edison Prosecutor
Norma Murgado Elizabeth & Woodbridge Prosecutor

       Call : (732)214-8500  Seminar # S96200S5

4.  New YouTube Educational Videos 
       We have discontinued our WCTC radio show since WCTC was charging us a $+500 per week recording fee. Instead we are recording short 2-4 minute education videos on Youtube as part of this weekly email newsletter.

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.

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com