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E509 1. New Year's
Resolution - Put your Estate Planning in order.
2. New Criminal Rules effective
Jan 1, 2017
3. Next community events
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1. New Year's Resolution - Put your Estate Planning in
order.
Don't put off having a proper Will prepared and your
Estate Planning. A portion of your Estate Planning may be tax deductible for
income tax purposes.
You also need a Power of Attorney and Living Will/
Advance Directive. Modern medicine and machinery can keep a person alive for
long periods of time.
Unfortunately, a person is often kept alive in great pain or
under circumstances that render him or her unconscious as to everything
around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often
called a "Death with Dignity" law, which allows a person to direct
that heroic measures not be taken to prolong life in these unhappy
situations.
This "Living Will" is not a substitute for
a regular Will, which affects property rights. The "Living Will" is
an independent document to be signed in addition to your regular Will.
Please let us know if you want a Living Will/ Advance
Directive prepared.
Happy 2017!
I would like to thank my friends for another good
year, despite issues in the economy. This year was our single best year
for referrals. So many of your were kind enough to tell others about
our services. Since 1985 [over 30 years], I have helped individuals and
businesses with legal matters. With changing laws, it is important that your
estate planning documents are updated to reflect your most valuable
investments. As you know, all business must grow, and one of the safest ways
to grow is to get referrals from satisfied clients. Thank you for referring
friends and family. May the New Year bring happiness and good health to you
and those you love.
2. New Criminal Rules effective Jan 1, 2017
No more mandatory cash bail for indictable criminal
charges.
Everyone with a Warrant gets to spend at least one
night in jail !!!
Attorneys need to set up an Ecourts login and file
Superior Court motions online, or refer cases out.
On Jan. 1, 2017, NJ shifted from a system that
relies principally on setting monetary bail as a condition of release to a
risk-based system that is more objective, and thus fairer to defendants
because it is unrelated to their ability to pay monetary bail. The statute
also sets deadlines for the timely filing of an indictment and the
disposition of criminal charges for incarcerated defendants.
The Supreme Court of New Jersey approved mandatory
eFiling in Criminal matters with certain limited exceptions.
Noncompliant filings must be resubmitted electronically within ten days.
Ringing in the New Year with Bail Reform- from the NJ Law
Journal.
After reviewing this study, the bail reform bill
proposed drastic changes to the state's bail procedures. Importantly, the
bail reform bill moves from a monetary-release system to a non-monetary risk
assessment system in determining whether to release suspects prior to trial.
The new system will permit pretrial release for low risk offenders and will
allow judges to require non-monetary conditions to release depending on risk,
such as supervision by a new pre-trial services staff, adherence to a curfew,
and in some instances, the use of ankle bracelets. For high-risk offenders,
pretrial release can be denied without the option for bail. The new system
should correct fundamental issues such as jail overcrowding, the disparate
impact of bail on minorities and the poor, and improve public safety by
disallowing the pretrial release of high-risk offenders.
The bail reform bill also comes with strict time
requirements. Most notably, pretrial hearings on risk assessment and release
must be held within 48 hours of arrest. The 48-hour requirement will result
in court staff and prosecutors holding hearings over the weekend.
If a prosecutor wants to detain a suspect without
bail, the prosecutor will have three days after the risk assessment hearing
to hold a plenary hearing where the State must prove by clear and convincing
evidence that the suspect should be detained pending trial. These defendants
are then required to be tried within 180 days of indictment.
These strict time deadlines, in addition to the new
pretrial release supervision conditions, require the use of more judicial and
public resources. Recognizing the need for more resources, Senate President
Steve Sweeney recently introduced a bill that would allocate $9.3 million to
hire 20 new judges to help provide more timely pretrial hearings. Counties
need to hire additional prosecutors and court security to provide prompt
pretrial hearings and comply with the speedy trial mandate.
Understanding the bail reform initiative and its
impact on the state judiciary is crucial to successfully navigating the New
Jersey trial court system in the upcoming year. The New Jersey Judiciary has
suffered from judicial vacancies for years, and the new bail reform bill will
place a great deal of strain on an already overburdened court system. This is
important for criminal and civil practitioners alike. As a young lawyer, you
should be aware of the impact of the bail reform bill in order to successfully
navigate your case through the changing system.
If you are a criminal practitioner, it is imperative
you know and understand the new bail reform bill, pretrial hearing procedure,
pretrial supervision requirements and deadlines for trial if your client is
not granted pretrial release. You may be required to work weekends, and you
may need to quickly prepare for an in-depth plenary hearing if your client is
a high-risk offender or accused of a violent crime.
Bail Reform Highlights
* Person’s accused of crimes will now receive a risk assessment hearing
within 48 hours of arrest to determine the amount of bail.
* The bail reform system shifts the focus from a monetary-based "how
much can the person afford" system to one that questions "does this
person pose a flight risk."
* Due to the need for a risk assessment hearing within 48 hours of
arrest, the case backlog in civil may exponentially increase
3. Next community events:
Wednesday January 11,
2017
2017 update Wills and Estate Planning- Free Seminar
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.
January 21 Edison Elks Irish Night 8:00
pm
Willie Lynch Band Elks Annual Dance
75 Old Post Rd Edison, NJ All are welcome!
For tickets call 732-985-2487 For the band's schedule see
January 23, 2017 South Brunswick Library
Seminar: Remove & Expungement of Criminal Arrests and
Convictions-
Free Seminar 7:00pm-7:45
COST: Free if you pre-register. Complimentary
materials provided. 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?
South Brunswick Library
110 Kingston Lane
Monmouth Junction NJ 08852
732-329-4000 x 7637
Can't attend? We can email you materials
Send email to VercammenLaw@Njlaws.com
More info: 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 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.
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Tuesday, February 07, 2017
E509 1. New Year's Resolution - Put your Estate Planning in order. 2. New Criminal Rules effective Jan 1, 2017 3. Next community events
