1. Recent Cases NJ Supreme Court makes "plain view" car searches easier. State v. Gonzales __ NJ __ (2016)
2. Protective Search on House Not Permitted Where No Evidence Another Person Present.
3. Valentine's Day February 14.
4. Passage of Termination of Child Support Law Starting February 1st
5. Next Community & Charity events. We Support OUR Community.
1. Recent Cases NJ Supreme Court makes “plain view” car searches easier
State v. Gonzales __ NJ __ (2016)
The Court now excises the inadvertence requirement from the plain-view doctrine. Because it is setting forth a new rule of law, the Court will apply the reformulated plain-view doctrine prospectively. Nevertheless, the Court holds that the trial court’s finding of inadvertence is supported by credible evidence in the record. The Court therefore reverses the judgment of the Appellate Division and reinstates the trial court’s denial of the motion to suppress. A-5-15
2. Protective search on house not permitted where no evidence another person present. State v. Bryant __ NJ __ (2016)
The officers here lacked reasonable and articulable suspicion that another party was present; much less that another party posed a danger to officer safety. The protective sweep was thus insufficient to establish an exception to the warrant requirement, and any evidence found as a result of that sweep—even if it was found in plain view—must be excluded and suppressed as fruit of the poisonous tree. A-2-15
3. Valentine’s Day February 14. Thomas Begley Esq wrote for Valentine's Day, we remind you to protect your loved ones by planning for the future. Estate and financial planning will ensure that your health care and financial goals are met if you should become incapacitated or after you pass away. It will provide peace of mind to you and your family.
Regardless of your net worth, if you are over eighteen, it's important to have a basic estate plan in place. A basic estate plan should include a Will, a Power of Attorney, and an advance directive (Living Will with health care proxy). Estate planning may also include trusts which enable you to put conditions on how and when your assets will be distributed upon your death. To learn more about estate planning, please read www.njlaws.com/wills.html
4. Passage of Termination of Child Support Law starting February 1*
This new child support law establishes 19 as the age when a child support and/or medical support obligation will end. The new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in high school; attending full-time college, vocational or graduate school; is disabled; if the parties reached a separate agreement; or, if continued support was granted by the court. The effective date of the law is February 1, 2017, and applies to all child support orders.
Families with a child age 22 3 /4 or older as of February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on May 1, 2017 (and not the child's 19th birthday) as the new law is phased in. Families with a child between the ages of 22 1/2 and 22 3/4 on February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not the child's 19th birthday) as the new law is phased in.
Families with a child between the ages of 18 1/2 and 22 1/2 as of February 1, 2017, will be mailed a Notice of Proposed Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not necessarily the child's 19th birthday) as the new law is phased in. This Notice will contain information on how to request a continuation of child support as well as how the amount of child support may change.
If your Judgment of Divorce (JOD) or support order specifies a termination date other than the dependent's 19th birthday, that date will stand and you will not be permitted to request an administrative continuation of support. However, you still may receive a termination notice and be asked to send in a copy of the JOD or order containing the termination date.
If you have a dependent turning 19 after August 1, 2017, you will receive a Notice of Proposed Child Support Obligation Termination 180 days before your child's 19th birthday.
If there is no response to the first notice, a second Notice of Proposed Child Support Obligation Termination will be sent out 90 days before the dependent's 19th birthday. If no continuation is granted after the second notice, the order of support will end as of the child's 19th birthday. Both parties will receive an updated order reflecting this change.
If back child support is owed when the child support terminates, the non-custodial parent still is responsible for paying that off and the order will still be enforced for the arrears.
If you receive an updated order for continued support and wish to oppose it, you may file an application or motion with the court. If there are younger children on the order in addition to the 19-year-old (or older) child(ren), parents may file an application or motion with the court to adjust the child support amount.
In order to ensure that all notices and informational updates are received, please confirm that the Child Support Program has your most current mailing address, cell phone number and email address.
5. Next community & charity events. We are always.
February 8, 2017 2nd Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar 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 St. Matthews Edison Food Bank. Please email us if you plan on attending 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?
Attorneys- If space exists you can attend if you want to learn more about expungements
Feb 11 Friends of Cynthia & Kenneth Vercammen are invited to Cynthia's 60th Birthday get together Saturday February 11, 2017
Ken V will bring sandwiches and snacks
Edison Elks Lodge
Old Post Road
Edison NJ 08817-4653
No children permitted by state law since alcohol served.
No gifts please. Ok to bring something for the summer Tiki Bar!
New NJ Estate Tax Law, Wills, & Estate Seminar
February 13 at 7pm
Clara Barton Library 141 Hoover Ave, Edison, NJ 08837 (732) 738-0096
February 28 Edison Library Main Branch 340 Plainfield Ave. Edison, NJ 08817
February 22 Anniversary of the Miracle on Ice, the greatest moment of 1980 Watch Final Minute of the "Miracle on Ice"
March 1 Ash Wednesday