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.

Wednesday, December 28, 2016

E508 1.Ken Vercammen, family & dog wish you Happy Holidays & Merry Christmas. 2.New Rule: Mandatory Electronic Filing in Criminal Matters - eCourts Criminal. 3. No Automatic Rejection for PTI. State v Rizzitello. 4.Expert should not be permitted to testify on ultimate issue. State v. Simms. 5. Next Events

NJ LAWS EMAIL NEWSLETTER E508
Kenneth Vercammen, Attorney at Law


Greetings!

In this issue:
1. Ken Vercammen, family & dog wish you Happy Holidays & Merry Christmas.
2. New Rule:  Mandatory Electronic Filing in Criminal Matters - eCourts Criminal.
3.  No Automatic Rejection for PTI. State v Rizzitello.
4.  Expert should not be permitted to testify on ultimate issue. State v. Simms.
5. Next Events
1. Ken Vercammen, family & dog wish you Happy Holidays & Merry Christmas

SEASON'S GREETINGS!

     In the true spirit of the Holiday and Christmas season, may we all be thankful and share in the hope for peace on earth and goodwill toward all.

    One of the pleasures of this holiday season is to thank many people for their friendship, goodwill and the pleasant association I have enjoyed with the hundreds of friends and professional people I have dealt with over the past several years.  We sincerely appreciate our relationships and are thankful for the confidence many people have shown in us. I again want to take the time to extend to these friends our sincere gratitude because it is friends and new clients that make our business grow. Client recommendation is a very important source of new clients to us. 

Recent Cases
2.  New Rule:  MANDATORY ELECTRONIC FILING IN CRIMINAL MATTERS - ECOURTS CRIMINAL

NOTICE TO THE BAR from the Supreme Court
This notice is to inform the bar that the Court has determined that electronic filing in Criminal matters using eCourts Criminal will be mandatory effective December 15, 2016, with certain limited exceptions. Attached is the Court's December 5, 2016 order to that effect.

   As set forth in the Court's order, as of December 15, 2016, all attorneys and law firms seeking to file documents in criminal matters must do so electronically through eCourts, except in the following limited instances: (1) cases not tracked in PROMIS/Gavel, e.g., expungements, gun permit filings, municipal appeals; (2) filings that are not part of the court's official case file, e.g., prosecutor discovery pursuant to Rule 3:13-3(b)(1); (3) filings where a fee is specifically required, e.g., municipal appeals, expungements; and (4) Megan's Law filings.

   Other than in those specified limited instances, any document for filing not submitted through eCourts Criminal will be returned to the filing attorney marked as "received but not filed," with notice that it must be filed electronically within ten days of being returned in order to preserve the original received date as the filed date.
Questions regarding this notice and the Supreme Court's order may be directed to Superior Court Clerk Michelle M. Smith by email at michelle.smith@njcourts.gov or by telephone at 609-421-6100.

Dated: December 5, 2016

Glenn A. Grant, J.A.D., Acting Administrative Director of the Courts

SUPREME COURT OF NEW JERSEY
Pursuant to N.J. Const. Art. VI., sec. 2 par. 3, it is ORDERED that the Rules Governing the Courts of the State of New Jersey are supplemented and relaxed so as to require that effective December 15, 2016, all documents filed by attorneys in New Jersey criminal matters must be submitted electronically through eCourts Criminal, with certain limited exceptions as set forth in this order.

The four limited exceptions to the requirement to file all documents in Criminal matters electronically are as follows: (1) cases not tracked in PROMIS/Gavel, e.g., expungements, gun permit filings, municipal appeals; (2) filings that are not part of the court's official case file, e.g., prosecutor discovery pursuant to Rule 3:13-3(b)(1); (3) filings where a fee is specifically required, e.g., municipal appeals, expungements; and (4) Megan's Law filings.

It is FURTHER ORDERED that effective December 15, 2016 and until further order, the provisions of Court Rule 1:5-6 ("Filing") are supplemented and relaxed so as to permit the Superior Court clerk to return pleadings received other than electronically through eCourts to the filing party as "received but not filed" where those documents are required to be electronically filed. Those returned documents must thereafter be electronically filed within 10 days of being returned in order to preserve the original received date as the filed date.

Dated: December 5, 2016

Chief Justice
For the Court

3.   No Automatic Rejection for PTI.  State v Rizzitello.

    Defendant was indicted on a single count of fourth-degree operating a motor vehicle during the period of license suspension for a second or subsequent conviction for driving while intoxicated, in violation of N.J.S.A. 2C:40-26(b). The State appeals from the order of the trial court which admitted defendant into PTI over the prosecutor's veto. The court reversed. The prosecutor's decision to reject defendant's application for admission into PTI did not constitute "a patent and gross abuse of discretion" as defined by the Supreme Court in State v. Roseman, 221 N.J. 611, 625 (2015).

  The court rejects the prosecutor's characterization of the fourth degree offense under N.J.S.A. 2C:40-26(b) as falling within the crimes that by their very nature carry a presumption against admission into PTI. A-0536-15T2 

4.  Expert should not be permitted to testify on ultimate issue. State v. Simms 224 NJ 393 (2016)

   Expert testimony that "embraces an ultimate issue to be decided by the trier of fact," N.J.R.E. 704, is not admissible unless the subject matter is beyond the ken of the average juror. State v. Nesbitt, 185 N.J. 504, 515-16, 519 (2006). Expert testimony is not necessary to tell the jury the "obvious" or to resolve issues that the jury can figure out on its own. In addition, a prosecutor may not "summarize straightforward but disputed evidence in the form of a hypothetical and then elicit an expert opinion about what happened." State v. Sowell, 213 N.J. 89, 102 (2013).

    The erroneously assumed fact in the hypothetical question-that the object in defendant's hand was a bundle of heroin packets-unfairly buttressed the State's case. It was for the jury to decide the identity of the object based on an examination of the totality of the evidence. The ultimate-issue testimony on conspiracy, moreover, impermissibly intruded into the jury's singular role as trier of fact.  

5.  Next events:

January 7, 2017 
Secret Mystery Winter Trail Run 2.5 Mile & 5 Mile Group Run 10:17am 
New Start Location: Secret Mystery wooded area 
North Brunswick

ONLY $20.00 via:
https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun
   OR
http://www.active.com/north-brunswick-nj/running/trail-heads/secret-mystery-winter-trail-run-2017

2017 update Wills and Estate Planning- Free Seminar
Wednesday January 11, 2017        
12:15-1:00 PM and again   5:15pm-6pm

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 Adult schools. 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.  Increase in Federal Estate and Gift Tax exemption
3. Major changes to NJ Estate Tax & changes to taxes on pensions effective Jan 1
4. Power of Attorney                       
5.  Living Will                                           
6.  Administering the Estate & Probate

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.   

https://www.facebook.com/events/1830658827153972/ 

Co-Sponsor: Middlesex County Estate Planning Council

To attend send an email to: VercammenLaw@Njlaws.com

Tuesday, December 27, 2016

E507 1. Holiday Gift Idea!

E507
1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney

   During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:
*A Basic Will without Trust
* Follow up legal advice
*A 2-year subscription to the NJ Laws Email News
- All for only $350.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills:

Power of Attorney:
         A portion of your Will and Estate Planning is tax deductible for income tax purposes. Do your Estate Planning prior to December 31 and a portion of your fees can be written off on your taxes as Estate Tax Planning.

Season's Greetings Worldwide

FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
KALA  XRISTOUGENNA! Greek

         My favorite: Singing Yellow Lab puppies like Lexi dog
Caroling Canines!

         We hope you have enjoyed the NJ Laws Newsletter, produced by Law Office. We spend hundreds of hours each year researching relevant cases, new laws and creating website articles for our clients and readers. We mailed to clients our 2017American Flag calendar to clients.

         After December 27 we will have some additional American Flag calendars available. If you would like additional copies to give to friends, family or co-workers, stop in our office. Share the Flag and support the USA- America is #1.

12/11 Toys for Tots 5K  10am Freehold NJ Tighe Park  

December 12, 2016
ICLE Speakers Clapp Award Reception 6pm
NJ Law Center

Advising Clients on Long-Term Care Issues
 
12/14/2016
When:
Wednesday, December 14, 2016
8:00 AM until 9:30 AM MCBA Office
87 Bayard Street
New Brunswick 08901
-        
December 14, 2016
Retired Police Christmas Hibernians 
South Amboy Local 1:00PM

12/14 Raritan Valley Pub Crawl 7:30
New Brunswick, NJ

Christmas Party at Bar A with Holme

 December 16th  Holme at Bar Anticipation annual Christmas Party Friday 7:30 show...no cover...early happy hr../free buffet 5pm

January 7, 2017 
Secret Mystery Winter Trail Run 2.5 Mile & 5 Mile Group Run 10:17am 
New Start Location: Secret Mystery wooded area 
North Brunswick

ONLY $20.00 VIA:
    OR

2017 update Wills and Estate Planning- Free Seminar
Wednesday January 11, 2017        
12:15-1:00 PM and again   5:15pm-6pm

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 Adult schools. 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.  Increase in Federal Estate and Gift Tax exemption
3. Major changes to NJ Estate Tax & changes to taxes on pensions effective Jan 1
4. Power of Attorney                       
5.  Living Will                                           
6.  Administering the Estate & Probate

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.   


E506 1. Happy Thanksgiving!

1. Happy Thanksgiving!

     Thanksgiving Day is a time to reflect and express gratitude for all the good things that we have in our lives and give thanks.  I would like to thank you for giving us the opportunity to help you and your family meet your goals so you can concentrate your efforts on the important people and causes in your life. The American Bar Association ABA published my book “Wills and Estate Administration”. This is our book acknowledgement:
     My most important thanks is to my wife Cynthia who helps me with everything. She handles the layout for the New Jersey Wills and Estate Planning News and NJ Municipal Court Law Review as well as our law office brochures. Cynthia let me work on the book and revising forms during the Fall and weekends while she took care of the house, the children, and the finances. It is great to have a loving wife. She supports almost everything I do. She agreed to travel to ABA meetings and even attended my early seminars. We have been together more than 25 years.
I am grateful for my children, Brendan and Shannon. Both were exceptional students on scholarship at college. I enjoyed watching as they excelled in sports and academics.   I am blessed by having great kids.
         
My parents, Al and Carol, taught me right from wrong and continue to be available to help, whether it’s been helping out with the kids or bringing food at Christmas. Our new family dog, Lexi is excited every morning to go for a run in the park to chase squirrels and other animals. The dog makes definitely makes life more enjoyable.
Thank you to my long-time staff office manager, Mike McDonald who runs the office smoothly so I can work on the book.
           
I am grateful for our clients. Finally I thank the thousands of attorney who have attended programs I have served as a speaker and who have found the program material were provided to be useful.

2. Estate Planning referenced in the Bible Isaiah 38:1.

In those days Hezekiah became mortally ill. And Isaiah the prophet the son of Amoz came to him and said to him, “Thus says the LORD, ‘Set your house in order, for you shall die and not live.’”

In those days was Hezekiah sick unto death. And Isaiah the prophet, the son of Amoz came unto him and said unto him, Thus saith the LORD, Set thine house in order, for thou shalt die and not live.

In those days was Hezekiah sick unto death. And Isaiah the prophet the son of Amoz came unto him, and said unto him, Thus says the LORD, Set your house in order: for you shall die, and not live.

    3Recent cases
Police video is public record under OPRA  Paff v Ocean County Prosecutors Office 446 NJ Super. 163 (App. Div. 2016)
(MVRs) in  police vehicles - which, in accordance with the police chief’s  written policy order, are generated automatically whenever the  vehicle’s overhead lights are activated - are “government  records” subject to disclosure under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Appellant Ocean County  Prosecutor’s Office failed to carry its statutory burden to show that the films fall within an exception under OPRA. Judge Gilson dissents.   

4 No automatic right to discovery of other files
State v. Hernandez 225 NJ 451 (2016)
Although the discovery rule generally requires that the State provide all evidence relevant to the defense of criminal charges, it does not open the door to foraging through files of other cases in search of relevant evidence. The discovery ordered by the trial court and Appellate Division exceeds the limits of Rule 3:13-3(b) and is not supported by this Court’s jurisprudence.  

5 Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen

         If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com  Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/

11/24 CEA/Johanna Foods Turkey Trot 5k Thanksgiving   morning 9:30

11/26 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday
11/27  Navesink Challenge 15k & 5k  10am  10:10 for 5k, Post race at Red Bank Elks
Nov 30  Reception Honoring Minority Judges 6pm  NJ Law Center

12/3 Big Chill 5k Rutgers New Bruns      9:05

12/4  Jingle Bell Run for Arthritis 5k run/walk, 9:45 Metuchen NJ 


Dec 5 Mun Ct section meeting & Social  NJ Law Center

Dec 6  Young Lawyers Brew HoHo Fox & Hound, 6pm photo for FB

December 7 (2017 board election) Q4 GMM: Wednesday RVRR Elections - Reformed Church after 6pm group run

Dec 8   NJSBA Diversity Reception Law Center 6pm

 Dec. 10at 10:00am The Super Santa 5K in Morris Ginty Field Saturday
12/11 Toys for Tots 5K  10am Freehold NJ Tighe Park FARC

Dec 12 ICLE Speakers Clapp award reception Law Center

Dec 14  Retired Police Christmas Hibernians  1pm South Amboy Local 9

12/14 Raritan Valley Pub crawl New Brunswick, NJ

Jan 7, 2017  Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run  10:17am   New Start Location: Secret Mystery wooded area North Brunswick