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.

Monday, June 27, 2016

E495: 1. 2016 update Wills and Estate Planning- Free Summer Seminar Wednesday June 15, 2016; 12:15-1:00 PM 2. Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social; July 15, 2016 Friday at Bar Anticipation 3. Rule on recording Custodial interrogations reviewed State v Anthony. 4. Expert can only testify upon his own observations and not just read someone else's report. State v. Bass.

 
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NJ LAWS EMAIL NEWSLETTER E495
Kenneth Vercammen, Attorney at Law

June 10, 2016

Greetings!

In this issue:
1.  2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday June 15, 2016; 12:15-1:00 PM
2.  Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social; July 15, 2016 Friday
at Bar Anticipation
3. Rule on recording Custodial interrogations reviewed
State v Anthony.
4.  Expert can only testify upon his own observations and not just read someone else's report. State v. Bass.


1.         2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday June 15, 2016         
12:15-1:00 PM 
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817

COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to a community food bank. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKER: Kenneth Vercammen, Esq.                 
(Author- Answers to Questions About Probate)
The new 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. 2016 changes in Federal Estate and Gift Tax exemption
3. Reducing NJ Estate Tax on estates over $675,000
4. Power of Attorney                       
5.  Living Will                                           
6.  Administering the Estate/ Probate/Surrogate            
7.  Question and Answer                            

2.  Mark your calendar......... 
Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social
July 15, 2016 Friday
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !      5:30-7:55PM 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
     If your group, non-profit or organization wishes to co-sponsor the networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  

2016 Co-sponsors NJ State Bar Association Municipal Court Section,
Criminal Law Section
Young Lawyers Division
LGBT Rights Section
Family Law Section
Minorities in the Profession Section MIPS
Immigration Law Section
Taxation Law Section
Women in the Profession Section WIPS
Labor and Employment Law Section  
Solo and Small-Firm Section
Real Property, Trust and Estate Law Section
Federal Practice and Procedure Section
Business Law Section
Local Government Law Section
Banking Law Section
Special Committee for Paralegals
Insurance Defense Special Committee
Special Civil Part Special Committee,
Lawyers In Transition Special Committee,
School Law Special Committee
Automobile Litigation and No Fault Special Committee
Privacy Law Special Committee,
Fidelity and Surety Law Committee,
Monmouth County Bar Association
New Jersey Defense Association  
NJ Institute of Local Government Attorneys
Retired Police & Fire Middlesex Monmouth Local 9
Greater Monmouth Chamber of Commerce, Lakewood Chamber of Commerce

Recent cases
3.  Rule on recording Custodial interrogations reviewed. State v Anthony __ NJ Super __ (App. Div. 2016)
     Rule 3:17(a) provides that, "[unless one of the exceptions set forth in paragraph (b) are present, all custodial interrogations conducted in a place of detention must be electronically recorded when the person being interrogated is charged with" certain listed crimes, including murder. However, subsection (b)(vi) excepts from the recordation requirement "a statement . . . given at a time when the accused is not a suspect for the crime to which that statement relates while the accused is being interrogated for a different crime that does not require recordation[.]"
      In this case, defendant was arrested on an open motor vehicle warrant and interrogated regarding a homicide. The preliminary interrogation was not recorded, but, at some point, after concluding based on defendant's statements that he was a suspect in the homicide, investigators recorded his statement on video. The trial judge denied defendant's motion to suppress the statement and concluded there was no obligation to record the initial portion of the interrogation.
       The court construed the somewhat ambiguous provisions of the Rule and conclude that an interrogation must be recorded if, taking into account the totality of the circumstances then known to the interrogator, a reasonable police officer would have a reasonable basis to believe defendant was a "suspect" in the crime about which he was being questioned. In this case, the court concluded that the trial judge properly determined that the investigators reasonably concluded that defendant was not a suspect when the interrogation began.

4.  Expert can only testify upon his own observations and not just read someone else's report.  State v. Bass __ NJ ___ (2016)  (A-118-13)
     The limitation on defendant's cross-examination of Sinclair constituted reversible error. Defendant is entitled to a new trial on the charges of murder, attempted murder and the possession of a weapon for an unlawful purpose. In addition, the substitute expert read portions of the deceased medical examiner's autopsy report to the jury, rather than testifying based on his own observations and conclusions, which violated defendant's confrontation rights. On retrial, any expert testimony by a substitute medical examiner should conform to State v. Michaels, 219 N.J. 1, cert. denied, 135 S. Ct. 761, (2014), and State v. Roach, 219 N.J. 58 (2014), cert. denied, 135 S. Ct. 2348 (2015). Defendant was not entitled to an instruction on the use of force against an intruder because he voluntarily admitted the victims to his room.






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

Tuesday, June 07, 2016

E 494: In this issue: 1) SuperLawyers open for nomination 2) Free Seminar: Remove & Expungement of Criminal Arrests and Convictions-Free Seminar June 8, 2016 from 5:00 pm-5:45 3) 2016 update Wills and Estate Planning- Free Seminar 4) Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar

NJ LAWS EMAIL NEWSLETTER E494
Kenneth Vercammen, Attorney at Law

June 3, 2016
Greetings!

In this issue:
    1)  SuperLawyers open for nomination
    2)  Free Seminar: Remove & Expungement of Criminal Arrests and Convictions-Free Seminar June 8, 2016 from 5:00 pm-5:45
    3)  2016 update Wills and Estate Planning- Free Seminar
    4)  Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar

1. SuperLawyers open for nomination. Kenneth Vercammen was selected to the 2015 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection process detail.html.
Attorneys can submit nominations for next year at https://my.superlawyers.com/nominations.html           
   
2. Free Seminar: Remove & Expungement of Criminal Arrests and Convictions- Free Seminar June 8, 2016 from 5:00pm-5:45 
   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
    COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the Community Food Bank. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
              (Author- Criminal Law Forms by the American Bar Association)
  The NJ statute on expungement was revised effective April 18, 2016.  If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
   
http://www.njlaws.com/expungment-seminar.htm

More info: The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.
    Typical Court costs and Legal fees for expungement range from $1,500-$2,500.

3. 2016 update Wills and Estate Planning- Free Seminar
Wednesday June 15, 2016         
12:15-1:00 PM only

Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817

COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to a community food bank. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKER: Kenneth Vercammen, Esq.                
(Author- Answers to Questions About Probate)
The new 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. 2016 changes in Federal Estate and Gift Tax exemption
3. Reducing NJ Estate Tax on estates over $675,000
4. Power of Attorney                      
5.  Living Will                                          
6.  Administering the Estate/ Probate/Surrogate            
7.  Question 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.       

Co-Sponsor: Middlesex County Estate Planning Council

To attend or for Information: Mike McDonald 732-572-0500
or email VercammenLaw@Njlaws.com

Can’t attend?  We can email you materials
Send email to VercammenLaw@Njlaws.com

4. Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar
June 14 2016 from 1:00-2:30 PM ET. 
   ABA Webinar CE1604WEA

Topics:
   1. Preparation for Wills/Estate Planning Interviews
   2. Interviewing Clients
   3. Signing documents and Additional Estate Planning Issues
   4. Probate, Estate Administration
   5  Marketing Your Wills and Estate Administration Practice

Format: Webinar
Time: 1:00 PM - 2:30 PM ET

Credits: 1.50 General CLE Credit Hours
Panelist(s):
Kenneth A Vercammen
Moderator(s):
David M Godfrey
Sponsor(s): ABA
Commission On Disability Rights
Commission on Law and Aging
Division for Public Services
Law Practice Division
Senior Lawyers Division
Solo, Small Firm and General Practice Division
    Estate planning and administration responsibilities are often a significant part of lawyer's practice, but these issues are often time-consuming and complex. Veteran attorney Kenneth Vercammen will share how to establish and strengthen a firm's wills and estate practice. This webinar will provide step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. An essential resource for practitioners, this elder law program includes numerous forms and pertinent information to assist new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.

SPECIAL OFFER Registrants will receive a 30% discount code for the E-Book Wills and Estate Administration by Kenneth Vercammen.
  http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=239721786

Also, Kenneth Vercammen had passed the test to become one of the few Municipal Court Law Attorneys.
See http://www.judiciary.state.nj.us/notices/2014/n141007d.pdf
 SUPREME COURT OF NEW JERSEY
    It is ORDERED that, pursuant to Rule 1:39-5(a), the following named attorneys, having applied to the Board on Attorney Certification and having been found qualified by the Board, are hereby authorized to designate themselves as Municipal Court Law Attorneys before the public, the bar, and the courts of this State in accordance with the Rules of this Court during their good behavior for a term of five years from the date of this Order. ….. …… Kenneth Vercammen Middlesex


Congrats Mike McDonald and Tonianne Dougherty engaged to be married.


If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help

    Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.

    If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.