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.

Tuesday, March 29, 2016

E489: 1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court. 2. Criminal mischief is grounds for domestic violence. 3. If You Are Hurt In An Accident, We Can Help 4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys



 
In this issue:
1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court.
2. Criminal mischief is grounds for domestic violence.
3. If You Are Hurt In An Accident, We Can Help
4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys


1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court.  
State vs. 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 video conference 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.

2. Criminal mischief is grounds for domestic violence.
N.T.B. VS. D.D.B. 442NJ Super. 205 (App. Div. 2015)
      In this appeal, the court determined that a spouse's damage of a door within the couple's jointly-owned marital home may constitute the predicate act of "criminal mischief," N.J.S.A. 2C:17-3, through harm to the "property of another," thereby supporting a finding of an act of domestic violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.

3. If You Are Hurt In An Accident, We Can Help
         If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies.  We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. If we cannot help, we can possibly refer you to another attorney who handles the type of case

4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys

April 18 5:00 PM- 9:00 PM NJ Law Center
Includes a 240 + page book, plus CD with sample forms, documents & checklists! Also, dinner will be served.

  Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA Municipal Court Practitioner of the Year Edison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
$137-$180.00

General Tuition, reduced fee for NJSBA Elder and Disability Law Section and NJSBA Young Lawyers Division ( Free for Superior Court Judges) Seminar # S15900W6

NJSBA Member Price is reduced- To qualify for this reduced price, you must provide your NJSBA member # at the time you place your order. If you place your order without providing your NJSBA member # you will be charged the regular price.

More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing. The non- profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732) 214-8500

Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice.

Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency and more

NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.
           Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division

Materials in 240 page Book provided to all attendees

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:

Editorial assistance provided by Isabel Hager-Johnson. Ms. Hager-Johnson 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

Friday, March 11, 2016

E488: 1. Hearsay Rules Permitted Introduction of Drug and School Zone Map 2.Physical Contact not Required if Leaving the Scene

In this Issue:
1.  Recent cases: Hearsay Rules Permitted Introduction of Drug and School Zone Map.
2.   Physical Contact not Required if Leaving the Scene. 
3.   Pat-down in Safer Area Permitted. 
4.   Community Events 
5.   The following are MVC points for NJ Motor Vehicle violations.

1.  Hearsay Rules Permitted Introduction of Drug and School Zone Map. State vs. Wilson 442 NJ Super. 224 (App. Div. 2015) 
     Admission of an official park-zone map, see N.J.S.A. 2C:35-7.1(e), does not violate the Confrontation Clause.

2. Physical Contact Not Required if Leaving the Scene.  State vs. Sene __ NJ Super. __ (App. Div. 2015) A-2256-13T1
     The question of first impression presented on this appeal is whether contact between defendant's vehicle and a victim is a necessary element of leaving the scene of an accident in violation of N.J.S.A. 2C:11-5.1. Defendant was driving a taxi when a pedestrian stepped into his lane of traffic. The pedestrian fell into the adjoining lane of traffic and was killed when she was run over by another vehicle. Defendant did not stop his taxi at the scene and left without speaking to anyone. A jury convicted him of leaving the scene of a fatal motor vehicle accident under N.J.S.A. 2C:11-5.1. On appeal, defendant contends that a necessary element to the crime is contact between his vehicle and the victim. The Court disagrees and holds that such contact is not an element of this crime. The Court also hold that N.J.S.A. 2C:11-5.1 is not unconstitutionally vague. We, therefore, affirm defendant's second-degree criminal conviction.

3. Pat-down in Safer Area Permitted.  State v. Watts __ NJ __ (2015) (A-21-14)
       The police did not act in an objectively unreasonable manner in violation of the Federal and State Constitutions by conducting an initial pat-down of defendant and detaining defendant for a thorough search in a more controlled, safe, and secure location.

4. Community Events:

Mar 7   Municipal Court College  5:30-9 Law Center
              2016 MUNICIPAL COURT COLLEGE
              https://www.facebook.com/events/1674456042792968/

Mar 8   Edison Library
              Wills, Estate Planning & Probate Seminar
              at 7pm   Free community program
 https://www.facebook.com/events/1262180170466016/

Mar 10  Wills & Power of Attorney Seminar at 7pm
               Piscataway Library Kennedy Branch
               500 Hoes Lane Piscataway NJ 08854
               https://www.facebook.com/events/191720137852734/

Mar 11  Friendly Sons of St. Patrick dinner, Friday
           This year's dinner will be held at the Pines Manor in Edison, NJ. Black tie, men only,  The recipient of "Irishman of the Year" is PBA President Pat Colligan.  Tickets are $100 and made payable to Friendly Sons of St. Patrick.  To buy tickets call Kevin Hoagland at 732-745-3818.  We are trying to setup a table. Call Kenneth Vercammen if interested at 732-572-0500.  The dinner draws influential attorneys, judges and professionals from Central NJ.  Cocktails 7PM.  Dinner at 8:30PM.

Mar 12  South Amboy Parade Saturday,
               Inclement weather date is March 19, 2016
  https://www.facebook.com/events/211746785844633

Mar 13  St. Paddy's 8k now [approx. 5 miles]    9:30 Freehold   Keg of beer and some food   great FARC event keg is outside. Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.
             https://www.facebook.com/events/1542842286035501/

Mar 13    Woodbridge Parade  (steps off at 1:30 pm)
      https://www.facebook.com/events/1639220333019786/

Mar 14    NJSBA Municipal Court Section meeting 4-6 Law Center

Mar 19   Keyport Saint Patrick's Day Parade at 1:00 PM.
            https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/

               Or Highlands Saint Patrick's Day Parade at 2.00 pm
               https://www.facebook.com/events/313870302136949/

Mar 20  Miles for Music 20K Race Johnson Park,
               Piscataway 9am and 5k FB
               https://www.facebook.com/events/1698296557083093/

5. The following are MVC Points for NJ Motor Vehicle Violations.

VIOLATION
POINTS
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
39:3-29 Operating Constructor vehicle in excess of 30 mph
3
39:4-14.3 Operating motorized bicycle on restricted highway
2
39:4-14.3d More than 1 person on a motorized bicycle.
2
39:4-35 Failure to yield to pedestrian in crosswalk
2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
2
39:4-41 Driving through safety zone.
2
39:4-52 Racing on Highway
5
39:4-55 Improper action or omission on grades and curves
2
39:4-57 Failure to observe directions of officer.
2
39:4-66 Failure to stop before crossing sidewalk
2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign
2
39:4-71 Improper driving on sidewalk
2
39:4-80 Failure to obey direction of officer
2
39:4-81 Failure to observe traffic signal
2
39:4-82 Failure to keep right
2
39:4-82.1 Improper operating of vehicle on divided highway or divider
2
39:4-83 Failure to keep right at intersection
2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
5
39:4-85 Improper passing on right or off roadway
4
39:4-85.1 Wrong way on one-way street
2
39:4-86 Improper passing, in "No Passing" zone
4
39:4-87 Failure to yield to overtake vehicle
2
39:4-88 Failure to observe traffic lanes
2
39:4-89 Tailgating
5
39:4-90 Failure to yield at intersection
2
39:4-90.1 Failure to use proper entrances to limited access highway
2
39:4-91  Failure to yield to emergency vehicle
2

39:4-91-92
Failure to yield to emergency vehicles 2
2

39:4-96 Reckless driving
5
39:4-97 Careless driving
2
39:4-97a Destruction of agricultural or recreational property
2

39:4-97.2 3rd offense     4 points
39:4-97.1 Slow speed blocking traffic                


2
39:4-98 or Speeding up to 14mph above limit
2
39:4-99 Speeding 15-29 mph above limit
4
Speeding 30 mph or more above limit
5
39:4-105 Failure to stop at traffic light
2
39:4-115 Improper turn at traffic light
3
39:4-119 Failure to stop at flashing red signal
2
39:4-122 Failure to stop for police whistle
2
39:4-123 Improper right or left turn
3
39:4-124 Improper turn: from approved turning course
3
39:4-125 Improper U-turn
3
39:4-126 Failure to give proper signal
2
39:4-127 Improper backing or turn in street
2
39:4-127.1 Improper crossing of railroad grade crossing
2
39:4-127.2 Improper crossing of bridge
2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4-128.1 Improper passing of school bus
5
39:4-128.4 Improper passing of frozen dessert truck
4
39:4-129 Leaving scene of accident- No injuries
2
39:4-129 Personal Injury
8
39:4-144 Failure to observe of stop or yield signs
2
39:5D-4 Moving violation out-of-state
2
http://www.njlaws.com/dmv_and_points.htm

Wednesday, March 09, 2016

E487: 1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 2 Odor of Marijuana probable cause for search.

In this issue:

1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks. 2 Odor of Marijuana probable cause for search.

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.
More info at: http://www.njlaws.com/fall_down_injuries_on_snow.htm

2. Odor of Marijuana probable cause for search. 

State v Myers 442 NJ Super. 287 (App. Div. 2015)
The odor of marijuana has long been held to provide probable cause of the commission of a marijuana offense. Under the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 to -16, registered qualifying patients receive registry identification cards, and their medical use of marijuana as authorized by the CUMMA is exempt from criminal liability under N.J.S.A. 2C:35- 18. Where, as here, there is no evidence that the person suspected of possessing or using marijuana has a registry identification card, the odor of marijuana still provides probable cause of the commission of a marijuana offense. Here, the odor of burnt marijuana emanating from defendant's car gave the officer probable cause to arrest him for a marijuana offense committed in the officer's presence.

Editorial Assistance Provided by Juhi Duggirala. Ms. Duggirala is participating in Ken Vercammen's Fall Internship Program and currently attends Kean University.

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