Monday, December 03, 2018
E552 Recent cases 1. Free Estate Planning consults for Veterans. 2. Veterans & Sons of Veterans should Join the American Legion 3. Reasons to sign a Power of Attorney 4. NJ Driver had to pay surcharge based on Illinois DWI. 5. Fun October Upcoming Running Races
Recent cases
Veteran's Day -
1. Free Estate Planning consults for Veterans for November Veterans month. Call us to schedule a consultation. 732-572-0500 between the hours of 9am-5:30pm, Monday through Friday.
Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918. Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.
While in college I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army with the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy. I hope to travel to Belgium in the summer of 2019 to see the site of the Battle of the Yser River and other areas my grandfather served.
Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on the Battleship New Jersey crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy.
While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had attractive nurses, the nurses in Korea were all ugly. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our Dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists.
My father in law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy. He is a long time member of the American Legion.
2. Veterans & Sons of Veterans should Join the American Legion
To honor my dad and other veterans I recently joined the Sons of American Legion. I am now am an Member, Sons of American Legion, Edison Father & Son Post 435, which is located on 43 Oakland Ave, Edison, NJ 08817 near Plainfield Ave and Wick Plaza.
Full Membership is open only to men and women who served active duty in the US Armed Forces during specific periods designated as "war time" by the US Congress, and who have received an honorable discharge, or are still serving honorably. Eligible veterans would be able to provide a Form DD214 (or similar) to verify their eligibility. If you don't meet these requirements, you can still support the USA and Posts of the American Legion.
It's possible that you may be able to join one of the other organizations in the "Legion Family." The Sons of The American Legion (SAL) is comprised of male descendants, adopted sons and stepsons of American Legion members. (There are no age limitations.) Many posts have an active SAL program and you can contact one near you to learn more. (Visit www.legion.org/sons for more information.) I joined as a SOL.
Their sister organization is the American Legion Auxiliary. Eligibility is open to mothers, wives, daughters, sisters, granddaughters, great grand daughters, or grandmothers of members of The American Legion, or of deceased veterans who served in the United States Armed Forces during the listed war eras.
The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans organization devoted to mutual helpfulness. It is the nation's largest wartime veterans service organization, committed to mentoring youth and sponsorship of wholesome programs in our communities, advocating patriotism and honor, promoting strong national security, and continued devotion to our fellow service members and veterans.
Hundreds of local American Legion programs and activities strengthen the nation one community at a time. American Legion Baseball is one of the nation's most successful amateur athletic programs, educating young people about the importance of sportsmanship, citizenship and fitness. The Operation Comfort Warriors program supports recovering wounded warriors and their families, providing them with "comfort items" and the kind of support that makes a hospital feel a little bit more like home. The Legion also raises millions of dollars in donations at the local, state and national levels to help veterans and their families during times of need and to provide college scholarship opportunities.
To contact the American Legion, Edison Father & Son Post 435 Call (732) 985-9768. Hall Rental also available for events
More details at: http://www.legion.org/membership/faq
3. Reasons to sign a Power of Attorney
A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays.
The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability.
Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
4.NJ Driver had to pay surcharge based on Illinois DWI. Koscinski v. New Jersey Motor Vehicle Comm. unreported
Koscinski was convicted of driving while intoxicated, his first conviction of such offense. Three years later, appellant was charged in Illinois for the same offense. The sentence the Illinois court imposed was that appellant "continue counseling in New Jersey" and pay a fine of $750. Both states were members of the Interstate Driver License Compact, which required party states to impose penalties upon licensed drivers who have been convicted of specific offenses in other states.
After receiving a record of the Illinois conviction, respondent issued petitioner a notice of suspension. Respondent denied appellant's request for a hearing finding none of the factual or legal issues asserted warranted such a proceeding and ordered his license to be suspended. Subsequently, appellant informed respondent that he received a notice that respondent intended to increase the monthly payment toward the surcharge it imposed as a result of the Illinois conviction and requested a hearing. Respondent issued a written decision in which it pointed out N.J.S.A. 17:29A-35 required a specific assessment when a New Jersey driver had been convicted of driving under the influence of alcohol.
On appeal, the court affirmed rejecting appellant's argument that respondent was without authority to impose a surcharge or an increase in the surcharge because he had previously paid a fine to the Illinois court in connection with that conviction. Under the Compact, appellant was subject to punishment in both states for driving while intoxicated. Moreover, appellant failed to identify any material facts that were in dispute, which would otherwise require a hearing. Accordingly, the court affirmed. Source NJLJ Daily Briefing
5. Next community events
November 13, 2018 Sayreville Public Library
Wills & Power of Attorney Seminar at 6:30pm
free & open to the public
November 15, 2018 NJAJ Meadowlands
Veteran's month programs:
November 27, 2018 Woodbridge Library at 7pm
Wills, Estate Planning & Probate Seminar free & open to the public
November 28, 2018 VFW Asbury Park Post 1333
Wills, Estate Planning & Probate Seminar at 6pm -free & open to the public
Fun Upcoming Running Races & Charity events
If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com
November 17, 2018 Manasquan Turkey Run 5-mile 11am party at taverns after race discount beer co sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey
November 18, 2018 Gobbler Express Train Run, Asbury Park, not a race. Get on train in Asbury, go south and get off either Bradley, Belmar or Spring Lake, then run back 2,4, or 6 miles, Post Run social at Johnny Mac's Located at 208 Main Street in Asbury Park - Across from Train Station Sunday co sponsor Wakefern Shoprite jsrc.org
November 23, 2018 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event
November 24, 2018 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
November 25, 2018 Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank Elks [Ken V runs 5k]
December 1, 2018 Big Chill 5k Rutgers New Bruns 9:05
December 2, 2018 Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ
December 8, 2018 St. Paul 5k at North Brunswick Community Park off Rt 130 9am to benefit St. Paul Milltown
January 5, 2019 Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am Start Location: Secret Mystery wooded area North Brunswick to be emailed to pre-registered. Only $20.00 via https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun
E551 Recent cases 1. Driver can be charged with criminal driving while suspended if they had prior refusal and prior DWI. 2. Ordinary police video not subject to OPRA. 3. November 6th- -The Westin Excelsior Rome Tuesday, 8:30-9:45 4. Sayreville Library Wills & Power of Attorney Seminar November 13- 6:30pm 5. Fun October Upcoming Running Races
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Thursday, November 08, 2018
E550 Recent cases 1. No forced entry into locked apartment. State v. Sencion, 454 N.J. Super. 25 (App. Div. 2018). 2. Ok to apply for expungement even if discharged from probation In re Expungement of the Criminal Records of E.C. 3. Next Community event: October 18, 2018 at 2pm Spotswood Library 4. Fun October Upcoming Running Races
E550
Recent cases
1. No forced entry into locked apartment. State v. Sencion, 454 N.J. Super. 25 (App. Div. 2018).
2. Ok to apply for expungement even if discharged from probation In re Expungement of the Criminal Records of E.C.
3. Next Community event: October 18, 2018 at 2pm Spotswood Library
4. Fun October Upcoming Running Races
Recent cases
1. No forced entry into locked apartment. State v. Sencion, 454 N.J. Super. 25 (App. Div. 2018).
The court reverses the denial of defendants' motion to suppress drugs and guns found after a plain view sighting through the open door of an apartment. The police used a tool to force entry into the locked apartment building twice before approaching the fourth-floor apartment door. The State, conceding a lack of probable cause, argued that the forced entry into the building did not violate defendants' expectation of privacy because of the size of the apartment building. The court refused to "condone the police forcing entry into a locked residential apartment building while on an investigative hunt for suspected criminal activity."
2. Ok to apply for expungement even if discharged from probation. In re Expungement of the Criminal Records of E.C., 454 N.J. Super. 48 (App. Div. 2018).
An individual who has been discharged from probation, albeit with an imperfect record while on probation, and who has subsequently paid all outstanding fines, is not barred from applying for expungement. The trial court erred in holding that petitioner was barred for applying for expungement under N.J.S.A. 2C:52-2(a)(2), because she was discharged from probation "without improvement."
3. Next Community event
October 18, 2018 at 2pm Spotswood Library
Wills, Estate Planning & Probate Seminar
[Good for individuals who don't want to drive at night and plenty of free parking]
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY Free program open to the public, you do not need to be a Township resident to attend
Spotswood Library
548 Main Street
Spotswood, NJ 08884
(732) 251-1515
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
(Author- Wills and Estate Administration by the ABA)
4. Fun October Upcoming Running Races & Charity events participated by Kenneth Vercammen
10/13 Shillelagh 5K, Bar A, Lake Como, New Jersey 9:30
10/13 Race Against Hunger 5k Roosevelt Park 9am
10/14 East Brunswick 5k & 10k 10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event post race we go to Lago or Lori's Lakeside on Farrington Lake, North Brunswick
If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com We often car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/.
Tuesday, October 02, 2018
E549 1. New Expungement Law takes effect October 1, 2018 to expunge criminal arrests and convictions 2 . No weekend jail for third offender DWIs, must serve straight jail time 3. Plain feel of bulge of rock cocaine permitted search
E549
1. New Expungement Law takes effect October 1, 2018 to expunge criminal arrests and convictions
2 . No weekend jail for third offender DWIs, must serve straight jail time
3. Plain feel of bulge of rock cocaine permitted search
1. New Expungement Law takes effect October 1, 2018 to expunge criminal arrests and convictions
By Kenneth Vercammen
This law revises procedures for attorneys expunging criminal and other records and information, including the shortening of certain waiting periods before a person may seek an expungement and increasing the number of convictions, which may be expunged.
For single indictable crimes [felony type] the waiting period has been reduced from ten years to six year
- The person is eligible after Six years have passed with respect to all aspects of satisfying the most recent conviction (six years from the date of conviction, payment of fine, satisfactory completion of probation or parole, and release from incarceration)
These laws take effect on October 1, 2018. Here are some highlights of the new law:
· The waiting period before a criminal conviction can be expunged is lowered from ten years to six years. In some cases, that six-year wait can be lowered to five years, just as before. (The waiting period before disorderly persons convictions can be expunged remains unchanged);
source https://www.njexpungements.com/newLaw.php
source https://www.njexpungements.com/newLaw.php
· Previously, the number of disorderly persons or petty disorderly persons convictions that could be expunged was three. That number, assuming no independent criminal convictions, is increased to four. Convictions for multiple interdependent or closely-related-in-circumstances disorderly persons or petty disorderly persons offenses occurring within a short period of time can be treated as a single conviction;
· Previously, criminal convictions could be expunged if there were not more than two additional disorderly persons or petty disorderly persons convictions. The new law raises that limit of additional disorderly persons or petty disorderly persons convictions (or any combination thereof) from two to three;
· Previously, no conviction could be expunged if the applicant has had one or more criminal charges dismissed as a result of successful completion of a diversion. The new law eliminates that bar;
· When juvenile adjudications can be expunged, the waiting time is lowered from five years to three years.
Previously the limit on the number of criminal episodes that could be expunged was one. That limit remains one, but is relaxed in some situations. Here are the situations:
· All criminal convictions for which expungements are sought are listed in a single judgment of conviction;
· All of the convictions related to crimes that were “interdependent” or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time.
The official designation of the new law is P.L.2017, chapter 244. Chapter 244 changes eight separate statutes.
There is a different 5 year waiting early pathway expungement [You almost must prove you have been an eagle scout] The difficult early pathway to expunge a single indictable crime stays at five years, and remains expensive and many prosecutor offices require the petitioner to pay for a typed court transcript of guilty plea and sentencing. The early pathway expungement permits the court to grant expungement after five years, if the court finds that expungement would be "in the public interest." N.J.S.A. 2C: 52-2(a)(2)
2.No weekend jail for third offender DWIs, must serve straight jail time State v. Anicama
Defendant was convicted of a third or subsequent offense of driving while intoxicated (DWI). The Municipal Court allowed him to serve the mandatory 180-day sentence under N.J.S.A. 39:4-50(a)(3) two days per week. The Law Division reversed.
The Appellate Division holds a third or subsequent DWI offender is ineligible for periodic service. Michael's Law amended the DWI statutes to require the 180-day sentence be spent in jail, excepting only up to ninety days spent in inpatient drug or alcohol rehabilitation, and to preclude other options. The amendment to N.J.S.A. 39:4-51 was intended only to bar work release for such offenders, not to lift the prohibition on their release before the jail term had been served. The specific law governing DWI sentences governs over the general provision for periodic service in N.J.S.A. 2B:12-22. The court disapproves State v. Grabowski, 388 N.J. Super. 431 (Law Div. 2006), which permitted such periodic service. (A-0452-16T4)
3 Plain feel of bulge of rock cocaine permitted search
State v Evans
The panel erred in its application of the “plain feel” doctrine. Officer Laboy had witnessed “hundreds” of instances where defendants concealed contraband in the front of their pants and therefore immediately recognized the “rocklike” substance he felt to be similar to crack cocaine. Between the officer’s experience-derived identification of the substance and the presence of $2000 in cash, the “plain feel” exception -- which the Court adopts -- applied. (A-85/86-16;
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar
October 1, 2018 5:30PM-9:05PM
NJ Law Center, New Brunswick, NJ
New topics:
-New Alcotest breath machine Alcotest 9510 50 adopted for us by NJ Attorney General N.J.R. 1818(c)-
-Prosecutors given discretion in pot cash Attorney General Memo on Guidance Regarding Municipal Prosecutors' Discretion in Prosecuting Marijuana and Other Criminal Offenses
Gurbir S. Grewal, Attorney General
-State v Cassidy pending before Supreme Court on State Police not complying with DWI Alcotest requirements of State v Chun
Speakers:
Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown
John Menzel, Esq., Past Chair, NJSBA Municipal Court Practice Section
William Brigiani, Esq. Past Middlesex Bar President
This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in municipal court.
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar
5. HELP WANTED - Clerk for Law Office - envelope stuffing, misc. clerk duties
Monday-Friday October 10-December 20
start 8:55am 1:30
$10.00 per hour
OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
-Telephone Answering
- Preparation of documents on Computer and mail to courts
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on litigation cases
Must be dependable and committed to perfection.
A good way to learn NJ Law Office procedures
Call Law Office of Kenneth Vercammen & Associates
at 732-572-0500
6. Edison Library
New NJ Estate Tax Law, Wills, & Estate Seminar
October 2, 2018 at 7pm Free community program
Edison Library Main Branch 340 Plainfield Ave. Edison, NJ 08817
WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
Author- Wills & Estate Administration ABA
The January 1, 2018 New Estate Tax law changes administration of estates and trusts in New Jersey.
Main Topics:
1. NJ Estate Tax eliminated for 2018 & NJ Veterans Tax exemption of up to $3,000
2. The 2018 changes in Federal Estate and Gift Tax
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Avoiding unnecessary expenses
You do not need to be an Edison resident to attend.
COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
For info call 732-287-2298 x 228
To register go to http://www.edisonpubliclibrary.net/index-ek.shtml
Facebookhttps://www.facebook.com/events/247992682678647 Office space for rent
700 Sq. Ft. of Professional Space for rent with off street parking. This building was just remodeled with a new floor, freshly painted walls, new upgraded heat & air conditioning as well as recess lighting and a new bathroom as well. Your clients will be impressed with your new space! $2000 per month.
7. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen
10/7, The Valerie Fund 5K Run Long Branch, New Jersey 10am Wakefern Shoprite co-sponsor
10/13, Shillelagh 5K, Bar A, Lake Como, New Jersey 9:30
10/13 Hash At The Jersey Shore! Saturday 10:17 Hash Run at the Oak Tree Lodge - Wall, N.J 5.2 miles from Bar A
10/13 Race Against Hunger 5k Roosevelt Park 9am
10/14 East Brunswick 5k & 10k 10am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run event post race we go to Lago or Lori's Lakeside on Farrington Lake, North Brunswick
If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.comOften we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/
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