E 493 1) Recent cases: PTI Pre trial intervention can be reinstated. 2) Double jeopardy bars crime prosecution if a plea in municipal court. 3) Welcome Summer Law Student Law Clerks 2016 4) Free Simple Will, Power of Attorney or Living Will During Police Week. 5) Reflections on Memorial Day.

 
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NJ LAWS EMAIL NEWSLETTER E493 Kenneth Vercammen, Attorney at Law May 19, 2016
Greetings! In this issue: 1) Recent cases: PTI Pre trial intervention can be reinstated. 2) Double jeopardy bars crime prosecution if a plea in municipal court. 3) Welcome Summer Law Student Law Clerks 2016 4) Free Simple Will, Power of Attorney or Living Will During Police Week. 5) Reflections on Memorial Day.
Recent cases 1. PTI Pre trial intervention can be reinstated State v AS-M __ NJ Super __(App. Div. 2016)      The court held that a defendant terminated from the pre-trial intervention (PTI) program may be reinstated upon reconsideration. Such a reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances show the initial order terminating a defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43-13(e), including the obligation to undertake a "conscientious judgment" to (1) adequately consider whether the participant willfully violated the PTI conditions; and (2) determine whether the defendant remains a viable candidate for PTI under the original or modified PTI terms.  2. Double jeopardy bars crime prosecution if a plea in municipal court State v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1    The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana.       After defendant was indicted, he appeared pro se in municipal court via videoconference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing "practice," the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge.       The court held that the subsequent prosecution and conviction on the indictable charge was barred under the "same evidence" test, which is still recognized under state constitutional principles. The court reasoned that the "fundamental fairness" doctrine did not apply, notwithstanding the State's failure to join the disorderly offense with the indictable charges and defendant's reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest. 3. Welcome Summer Law Student Law Clerks 2016 Nicholas C. Idler WVU College of Law Brian Lutz Roger Williams Law Adam Cardile New York Law 4. Free Simple Will, Power of Attorney or Living Will during Police Week       To recognize National Police Week May 10-16, Kenneth Vercammen's Law Office will provide a Free Simple Will, Living Will or Power of Attorney for active Jersey Police Officers. The details are attached. Appointments need to be scheduled by May 31. I appreciate the service provided by police who protect my family. We want to say thank you to local police. Please call for the free probate consultation and Will. I am the co-chair of the American Bar Association ABA Estate Planning and Probate Committee. The ABA founded the "Wills for Heroes" program.       Ken Vercammen served as the prosecutor for Cranbury Township, Middlesex County for nine years. I established the Municipal Court Law Review to provide information on recent criminal and traffic cases to New Jersey police officers. We send out an email newsletter every two weeks if you are interested. Simple Will or Power of Attorney for Central Jersey Police Officers to honor National Police Week        To recognize National Police Week, the Kenneth Vercammen Law Office will prepare a Simple Will for estates under $700,000 or Power of Attorney or Living Will/Advance Directive for Police Officers. We appreciate the service provided by police who protect my family. We want to say thank you to local police. I am a member of the American Bar Association. ABA has created the Wills for Heroes program.   Call 732-572-0500 to schedule a free confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. IF YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"): * State law determines who gets assets, not you * Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator * The Judge determines who gets custody of minor children * If you have no spouse or relatives, the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. * It may also cause fights and lawsuits within your family   Call 732-572-0500 to schedule a confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. Must meet in person with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at: www.njlaws.com/will_Questionnaire.htm WHY SOMEONE ALSO NEEDS A POWER OF ATTORNEY? A Power of Attorney typically permits someone to pay your bills and handle your finances if you become disabled. No one plans on disability, but it is best to prepare ahead of time. A Power of Attorney (POA) is an appointment of another person as one's agent to pay bills and handle finances during disability I served as the prosecutor for Cranbury Township, Middlesex County from 1991-1999 and continue to work closely with my friends in Law Enforcement. KENNETH VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 vercammenlaw@njlaws.com Contributing writer for the NJ Police Chief Magazine. Past President Middlesex Municipal Court Prosecutors Assoc Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9 Chair- ABA Estate Planning & Probate Committee Contributing writer for the NJ Police Chief Magazine. Past President Middlesex Municipal Court Prosecutors Assoc Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9 Chair- ABA Estate Planning & Probate Committee 5. Reflections on Memorial Day       Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those that fell in service to their country.       We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.       "If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA       On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.       Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW Memorial Day address http://www.usmemorialday.org/backgrnd.html Please Like Us on Facebook Endorse us on Linkedin https://www.linkedin.com/in/kennethvercammen Endorse us on Google, Avvo, Yelp and Superpages

Editorial Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken Vercammen's Summer Internship Program and currently a student at the West Virginia University College of Law. 

Editor's Note and Disclaimer:

All materials Copyright 2016. 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

E492: 1. DWI Refusal Notice Withstands Challenge. 2. Sup MT Denied Where Police Looking in House for Missing Dementia Patient Found Pot Plants. 3. Confidential Will Questionnaire

E 492 Newsletter

NJ LAWS EMAIL NEWSLETTER E492

Kenneth Vercammen, Attorney at Law


May 4, 2016


In this Issue:

1. DWI Refusal Notice Withstands Challenge.

2. Sup MT Denied Where Police Looking in House for Missing Dementia Patient Found Pot Plants.

3. Confidential Will Questionnaire


Recent cases:

1. DWI Refusal Notice Withstands Challenge. State v Quintero __ NJ Super __(App. Div. 2016).

The court affirms defendants de novo conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant argues that the Attorney Generals current standard statement under N.J.S.A. 39:4-50.2(e) is fundamentally deficient for not specifying the mandatory minimum penalties for refusal. In State v. ODriscoll, 215 N.J. 461, 479-480 (2013), the Supreme Court noted, but declined to address, the sufficiency of the standard statement.

The court hold that the current standard statement satisfies the statutory mandate - that is, informing motorists and impelling compliance - by adequately informing drivers of the maximum potential license revocation and fine, and the possibility of ignition interlock, that they face for refusal. In so ruling, The court note that adding other details, including the differing mandatory minimum and maximum penalties for first offenders, second offenders, and certain third offenders, may run the risk of submerging the most significant penalties in those details.


2. Sup Mt Denied Where Police Looking in House for Missing Dementia Patient Found Pot Plants.State v Mordente __ NJ Super.__ (Ap0p. Div. 2016)A-5838-13T1

The court affirmed the denial of a motion to suppress the evidence of marijuana plants found in the basement of a home searched as part of the police protocol for locating missing persons. The sixty-five year old missing woman in this case suffered from dementia, and was reported by her son as having left the home at some point during the night prior to the search.

In his dissent, Judge Fuentes opines that the police emergency aid doctrine does not justify this search under the guidelines set forth in State v. Vargas, 213 N.J. 301 (2013), and prior case law.



3. CONFIDENTIAL WILL QUESTIONNAIRE

If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our short confidential interview from and schedule a consult.

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

Please be sure to check all appropriate boxes. If NONE, please state NONE.

If NOT APPLICABLE, please state N/A or none.

PLEASE PRINT CLEARLY

1. Your Full Name:_______________________________

2. IF MARRIED OR SEPARATED, complete (a) and (b) below:

(a) Spouses Full Name:

______________________________________________

First Last

3. Your Street Address: ___________________________


City _______________________ State ____ Zip Code ________


4. Telephone Numbers:

Cell: ________________________ ________________________


5. E-mail address: ___________________________


6. Referred By: ____________________________

We recommend a Durable Power of Attorney in the event of your physicalor mental disability to help you with financial affairs?

Yes ___ No ___

We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No ________

How can we help you? What are your questions/other important information?

___________________________________________________

8. Marital Status: [ ]Single [ ] Married

[ ] Separated [ ] Divorced [ ] Widowed


If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]

2. ESTATE EXECUTOR

The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.

Please provide the following information about the person you wish to name to serve in this capacity.

1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

Name: _________________ _____________________________

First Last


Relationship: _______________ Address: _________________


2. SECOND Choice of Executor/Personal Representative in Power of Attorney:

This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.


Name: _________________________ _____________________

First Last


Relationship: _______________ Address: ________________

The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.


Asset Information- Must Be Completed - If none, write none

House/Real Estate Address __________________________

Estimate Total Real Estate Value: _________ Approx mortgage ___

Bank Accounts, Stocks, CDs and Assets: __________________

Approximate Amount ____________________________

Direct Beneficiaries of Accounts - If none write none ________

Other Major Assets - If none, write none _______________


Approximate Life Insurance: _________________ Beneficiary _______

In the Will- Who do you want to get your assets:


Beneficiary (1) _______________________ Relationship ____


Beneficiary (2) _______________________ Relationship ____


Beneficiary (3) _______________________ Relationship ___

Any Specific Bequests of Money and Property:

__________________________________________________

[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).

Generally most married people provide that, upon their death, property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.

2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that childs share to their children (grandchildren).


Names of Children: ______________________ Age: _____


_______________________________ Age: _____

LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If nominor children, skip page 5.


III. GUARDIAN(S) OF MINOR CHILD(REN) or Trustees of Trust

[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust, minimum $2,500 for stand alone trusts]

The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.

Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):


1. PRIMARY Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: ______________________________________


2. SECOND Choice of GUARDIAN / TRUSTEE:

Full Name: _______________________________________

Relationship: _____________________________________

[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).

Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but

2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.

3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.

Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.

Additional information on Wills, Probate and Elder Law available at www.njlaws.com/will_questionnaire.htm

[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).

2. But if one or more of your children predeceases you, that deceased childs share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.

Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail_______________________

Are you or any of your Beneficiaries are not United States citizens? _______

If not US citizen, extra taxes apply.

Do you have any religious wishes on burial? ___

PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:

___________________________________________________

ESTATE PLANNING

Your estate may be subject to NJ Estate Taxation if the total of your assets exceeds $675,000. If your assets exceed $675,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Federal Tax Planning or Medicaid Nursing Home Planning.

WILLS:


T1- Parents with minor children and trust for children

T 2- Parents no spouse

T 3 Unmarried

T 4- Parents without trust

T5- Spouse/ Children Trust if assets over $1 million?

[Due to complexity and need to re-title assets, Fees for Trusts are minimum $2,500.]

More information on Wills and Probate at:http://njwillsprobatelaw.com

To schedule an appointment for Wills and Estate Planning

Contact

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817

(Phone) 732-572-0500


Editorial Assistance Provided by Adam Levine. Mr. Levine is participating in Ken Vercammens Spring Internship Program and recently graduated the Pennsylvania State University.


Editors Note and Disclaimer:

All materials Copyright 2016. 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

E 491 1. Organ and Tissue Donation and Transplantation helpful information. 2. Recent cases DWI Refusal notice withstands challenge 3. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente

E491   News

1. Organ and Tissue Donation and Transplantation helpful information.

        

When is Organ Donation Awareness Month?

National Donate Life Month is April.  Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   

       

      Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.

        Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

       Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared

2. Recent cases DWI Refusal notice withstands challenge

State v Quintero __ NJ Super __(App. Div. 2016)

The court affirms defendant's de novo conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant argues that the Attorney General's current standard statement under N.J.S.A. 39:4-50.2(e) is fundamentally deficient for not specifying the mandatory minimum penalties for refusal. In State v. O'Driscoll, 215 N.J. 461, 479-480 (2013), the Supreme Court noted, but declined to address, the sufficiency of the standard statement.

The court hold that the current standard statement satisfies the statutory mandate — that is, informing motorists and impelling compliance — by adequately informing drivers of the maximum potential license revocation and fine, and the possibility of ignition interlock, that they face for refusal. In so ruling, The court note that adding other details, including the differing mandatory minimum and maximum penalties for first offenders, second offenders, and certain third offenders, may run the risk of submerging the most significant penalties in those details.

3. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente __ NJ Super.__ (App. Div. 2016) A-5838-13T1 

The court affirmed the denial of a motion to suppress the evidence of marijuana plants found in the basement of a home searched as part of the police protocol for locating missing persons. The sixty-five year old missing woman in this case suffered from dementia, and was reported by her son as having left the home at some point during the night prior to the search. 

   In his dissent, Judge Fuentes opines that the police emergency aid doctrine does not justify this search under the guidelines set forth in State v. Vargas, 213 N.J. 301 (2013), and prior case law. 

    Our office paralegal Tracy Coleman will be out of the office for a while for medical reasons. We wish our valued office assistant Tracy Coleman our best wishes during this difficult time. Our thoughts and prayers are with her and her family.

Camp Mason offers summer camping for kids. Best Summer Ever!

   At YMCA Camp Mason we pride ourselves in offering our families a unique blend of traditional and adventure summer camp experiences right here in NJ. Whether you’re looking for a traditional overnight camp, ranch camp or adventure trips Camp Mason has a program that’s right for you.

       Generations of campers and families from all walks of life have called Camp Mason their summer home since 1900, creating memories and friendships that last a lifetime. For children and young people, summer camp at Camp Mason builds confidence, self-esteem and relationships while developing independence and empathy. It’s also an opportunity to switch off, go tech-free and enjoy spending time outdoors. 

Find out more at www.campmason.org or call us on 908-362-8217.

Ken Vercammen and Chris Knigge were campers, as are our children.

If you are happy with our services, please be sure to like us on facebook, follow us on twitter, and endorse us on Linked in:

 https://www.linkedin.com/in/kennethvercammen

 https://twitter.com/kenvercammen

 https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/

 Editorial assistance provided by Gailen Davis. Ms. Davis is participating in Kenneth Vercammen's Spring Law Clerk Internship Program and will be attending law school in the fall.

 

Editor's Note and Disclaimer:

All materials Copyright 2016. 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