E533 1. 2018 update Wills and Estate Planning- Free Seminar Jan. 11th 2. Veterans are eligible for a $3,000 exemption on your Income Tax 3. Fun Upcoming Running Races & Charity Events 4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. 5. Strip search after marijuana arrest not permitted.

E533

In this Issue: 1.  2018 update Wills and Estate Planning- Free Seminar Jan. 11th 2.  Veterans are eligible for a $3,000 exemption on your Income Tax 3.  Fun Upcoming Running Races & Charity Events  4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. 5. Strip search after marijuana arrest not permitted. 1. 2018 update Wills and Estate Planning- Free Seminar January 11 Thursday 12:15-1:00 PM and again 5:00-5:15pm  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. Free sandwiches for past and current clients from Craig's Deli. 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 St. Matthews St. Vincent DePaul 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- ABA Wills and Estate Administration book) 1. NJ Estate Tax eliminated on Estates under $5,400,000 as of January 1, 2018 & NJ Veterans Tax credit 2. NJ Inheritance Tax stays if assets are going to persons other than spouse or children 3. Federal Estate Tax exemption increased to over $5.49 million in 2018 but gifts limited to $14,000 per person 4. Set up a testamentary trust in your Will for Protection for spouses and leaving assets to children: 5. We recommend Self- Proving Wills since witnesses often move or pass away 6. The New Probate law NJ 7. NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees 8. Power of Attorney- Do not use a form purchased online.  9. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared 10. Competency required to sign a Will or Power of Attorney Facebook https://www.facebook.com/events/772834192888389        COMPLIMENTARY MATERIAL: Brochures on Wills, 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 email: VercammenLaw@Njlaws.com other Information call 732-572-0500 Can't attend?  We can email you materials after Jan 12 Send email to: VercammenLaw@Njlaws.com   2. Veterans are eligible for a $3,000 exemption on your Income Tax.       If Veterans are a military veteran who was honorably discharged or released under honorable circumstances from active duty in the Armed Forces of the United States by the last day of the tax year they are are eligible for a $3,000 exemption on your Income Tax. Your spouse (or civil union partner) is also eligible for an exemption if he/she is a veteran who was honorably discharged or released under honorable circumstances and Veterans are filing a joint return. This exemption is in addition to any other exemptions Veterans are entitled to claim and is available on both the resident and nonresident returns. Veterans cannot claim this exemption for a domestic partner or for your dependents.  Providing Documentation      You must provide a copy of Form DD-214, Certificate of Release or Discharge from Active Duty, the first time Veterans claim the exemption. This form does not need to be provided each year. The United States National Archives and Records Administration can assist with obtaining a copy of your DD-214. You can certify for the exemption by sending a copy of your DD-214 and Veteran Exemption Submission Form to the Division before Veterans file, which may help process your return faster. To certify: Use the NJ secure document upload feature to submit your DD-214 and Veteran Exemption Submission Form. Enter the notice code VET and select PO Box 440; or  Mail a copy of your DD-214 and Veteran Exemption Submission Form to: The New Jersey Division of Taxation, Veteran Exemption, PO Box 440, Trenton, NJ 08646-0440; or  Fax you're DD-214 and Veteran Exemption Submission Form to 609-633-8427.     If Veterans do not certify before Veterans file for the exemption, Veterans will need to submit a copy of your DD-214 when Veterans file using: A Paper Return. Enclose a copy of your DD-214 with your return;   . Upload your DD-214, along with all of your other documentation, into the repository;  Other Electronic Filing Methods. If Veterans file your return using NJ Web File, third-party software (such as TurboTax), or Veterans have a tax professional who electronically submits your return, Veterans can send a copy of your DD-214 and Form using one of the three certification methods listed above. More info at: http://www.state.nj.us/treasury/taxation/newexemptionveterans.shtml   3. Fun Upcoming Running Races & Charity Events  Jan 6, 2018  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 register online and an email with secret start will be sent: https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun   January 10, 2018 The Municipal Court Practitioner's Legal Arsenal: The "New" Cases and the "Oldies and Goodies" Every Municipal Court Practitioner Needs to Know -an NJICLE webinar- Wednesday, January 10, 2018 Noon-1:40pm     Featuring: William Brigiani, Esq. Past President Middlesex County Bar Association Kenneth A. Vercammen, Esq. Certified by the Supreme Court of New Jersey as a Municipal Court Law Attorney Past Chair, NJSBA Municipal Court Practice Section Past NJSBA Municipal Court Practitioner of the Year   You've heard the names... Chun... Crawford... McNeely    BUT - do you really understand the principles created by these significant cases? Do you know that there are over 20 New Jersey cases that should be at your fingertips when you enter a Municipal Court in New Jersey?            New Jersey Institute for Continuing Legal Education A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · Fax: (732) 249-0383 · CustomerService@njsba.com   2018 update Wills and Estate Planning- Free Seminar January 11 Thursday see above   4. New cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct  State v. Lopez  N.J. Super. App. Div. unreported    Defendant appealed the denial of his motion to suppress evidence and his sentences. Police made a motor vehicle stop of defendant's vehicle, observed that defendant was nervous, saw a large amount of cash in the center console, suspected drug activity and requested consent to search the car. Defendant initially agreed, then drove away throwing a black object out of the car. Defendant eventually stopped and was arrested. The police found a plastic bag-containing heroin near where defendant threw the object from the car. At the hearing on the motion to suppress, the trial judge found the stop was lawful because of the inoperable brake light and defendant's change of lanes without signaling. The court found that sufficient credible evidence supported the stop and the request to search.    Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. Source:  NJLJ (14-2-3291)  unreported  5. Strip search after marijuana arrest not permitted. State v. Jules, N.J. Super. App. Div. unreported  Appellant appealed from his conviction for third-degree possession of alprazolam (Xanax). Appellant's appeal focused solely on the denial of his motion to suppress evidence obtained from a strip search, which police conducted at their headquarters after his arrest. In denying appellant's motion, the judge found the officer had reasonable articulable suspicion justifying the initial stop, probable cause for the arrest and that the strip search was lawful under the search incident to arrest exception to the warrant requirement. Appellant did not dispute the initial stop or the arrest; appellant argued that the police acted unlawfully by subjecting him to a strip search without first obtaining a warrant.   On appeal, the court-reversed denial holding the officer's suspicion that the item in appellant's groin area was a prescription pill bottle did not establish probable cause that appellant committed the named offense. The court found there was no "objectively reasonable" basis to arrest appellant for possession of prescription pills, only that there was probable cause to arrest him for marijuana possession. Therefore, the police could not use the search incident to arrest exception to circumvent the protections that arose from appellant's arrest. Furthermore, exigency could not support the search once the police handcuffed and secured appellant. Finally, the court found the "plain feel" exception inapplicable because the object believed to be a prescription pill bottle did not make it "immediately apparent" that the bottle contained contraband. Accordingly, the court reversed denial of suppression and remanded for dismissal of the judgment of conviction.  Source: NJLJ Daily briefing, available to members of NJ State Bar Association and subscribers to NJ Law Journal   Editorial Assistance provided by Peter Amponsah.  Mr. Amponsah currently attends Rutgers' University and is participating in our Winter Break Internship Program.  Like Us On: Facebook https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985 Endorse Us On: Linkedin   https://www.linkedin.com/in/kennethvercammen

E532 Happy New Year

In this Issue:

1.  New Year's Resolution - Put your Estate Planning in order.ts for a good year.

2.  New 2017 Expungement Law

3.  Operation in DWI requires proof.

4.  No blood draw without warrant unless exigency.

5.  Fun Upcoming Running Races & Charity Events 

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. Tax planning is deductible on your tax return. so If you do some estate planning to reduce potential taxes, your CPA may be able to deduct a portion of the professional fees paid for tax planning. The amounts to be deducted must be discussed with your CPA.

     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.

   Sometimes a person is often kept alive in 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.

 

2.  New 2017 Expungement Law 

By Kenneth Vercammen 

     The Senate Judiciary Committee reports favorably and with committee amendments Senate Law No. 3307.

        

       This law, as amended, would revise procedures for 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.

         

         The Governor's office said:

      Three new expungement reform bills developed by Governor Christie and Senator Sandra Cunningham (D-Hudson) as part of their continuing bipartisan endeavor would prohibit employment discrimination based upon an expunged criminal record; accelerate expungements and increase the number of convictions that can be expunged; and reduce the waiting period to expunge an entire juvenile record.

      "I commend Senator Cunningham for working with me on this legislation that will return many more recovering addicts to their families, as productive members of society and help break the costly cycle of recidivism," Governor Christie said. "It prevents a childhood or adolescent mistake from ruining someone's future, while still ensuring there are appropriate consequences for unlawful behavior and lessons are learned. These reforms represent a second chance at life for our family members, friends, neighbors and coworkers, and they provide the same opportunities we would desperately want for ourselves."

     "A minor criminal offense should not lead to a lifetime of punishment. These bills are about removing barriers for residents and helping them to overcome the obstacles that exist to finding employment, taking care of their families and setting their lives on the right path," said Senator Cunningham. "I want to thank the Governor for being a partner in this important work. These bills are a great step to providing offenders with the second chance they deserve."

     Senate bill 3306 would strengthen New Jersey's Opportunity to Compete Act, also known as "Ban the Box," sponsored by Senator Cunningham and signed into law by Governor Christie in August 2014. S-3306 would prevent those with current and expunged criminal records from being discriminated against at the early stages of employment pursuits.

      Senate bill 3307 would reform procedures for expunging criminal records by:

• Allowing a petitioner to expunge up to four, instead of three, offenses or multiple offenses that occurred within a short timeframe, if the petitioner has not been convicted of any prior or subsequent offense;
• Reducing the expungement eligibility waiting period from 10 years to six years, following the latest of any conviction, payment of fine and completion of probation, parole or prison sentence;
• Further reducing the expungement eligibility waiting period if satisfaction of a fine or restitution is the petitioner's only remaining barrier and the court finds that the expungement is in the public's interest; and
• Aligning expungement and sentencing statutes, allowing expungement for possession of marijuana with the intent to sell up to one ounce, which is the threshold for a fourth-degree crime.

 Senate bill 3308 would decrease from five to three years the waiting period to expunge an entire juvenile record, maintaining all other requirements and provisions.

"These necessary, life-saving reforms for people who deserve a second chance should be immediately passed by the New Jersey legislature and replicated across the country, as I have heard loud and clear from the victims of this disease and their families, grassroots leaders, medical professionals, law enforcement officers and those in the criminal justice system, during my travels around this great state and nation," Governor Christie said.

    To hire attorney to expunge a prior criminal charge, call Ken Vercammen's office for a consult.

 

Recent cases:

3.  Operation in DWI requires proof. State v. Decicco App. Div. unreported

     

     A trooper, responding to a report about an "erratic driver," found a car parked in a field at a campground. Defendant was in the driver's seat holding a can of beer in his hand. The keys were in the ignition, but the engine was not running. Trooper testified that he could feel heat coming from the front of the car and heard crackling sounds from the engine. Defendant admitted drinking beer, said he was at the campground to pick up his mail and was staying to "sleep[] it off." Defendant failed field sobriety tests and his BAC measured 0.09. 

    On appeal, defendant contended that the state failed to show that he "operated" a vehicle. The court found that the state failed to meet its burden of proof because defendant's admission that he had driven to the campground did not establish a timeline to show that he was intoxicated when he did so and the state produced no eyewitnesses to defendant's alleged erratic driving. Additionally, the trooper admitted that the warmth from the car engine might have been from defendant running the air conditioner while parked.

Unreported source New Jersey Law Journal April 6, 2017

 

4.  No blood draw without warrant unless exigency. State v. Smiejan, N.J. Super. App. Div. Unreported

         

    Appellant was involved in an accident in which he struck two parked cars. While at the hospital for his injuries, a sample of his blood was taken without his consent or a search warrant; subsequent testing established his blood alcohol content was above the legal limit. Appellant moved for, and was denied suppression of the BAC evidence. The court noted there were exigent circumstances, which existed because of the delays inherent in the warrant application process. 

       

     On appeal, appellant argued that the seizure of his blood violated the Fourth Amendment, the Supreme Court's Missouri v. McNeely ruling applied which held that dissipation did not constitute an exigency, and ineffective assistance of counsel. The court reversed holding the trial court erred in relying upon the municipal judge's past experience as a factual basis to find the existence of an adequate exigency. 

      

    The court further held there were no meaningful factual findings made by either the municipal court judge or the law division judge. Finally, the court stated that, pursuant to McNeely, the case was to be remanded to determine whether the circumstances warranted the admission of the blood draw as the trial court failed to determine under the totality of the circumstances whether exigency existed thereby negating a need for a warrant. Accordingly, the court reversed and remanded.
Source: http://www.njlawjournal.com/id=1202784736777/Unpublished-Opinions-for-the-Week-of-May-1-2017?mcode=0&curindex=0&curpage=3

 

5.  Fun Upcoming Running Races & Charity Events 

 Jan 6, 2018  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 register online and an email with secret start will be sent:

https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun

 

2018 update Wills and Estate Planning- Free Seminar

January 11 Thursday

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 Adult schools. This program is limited to 15 people. Please bring a canned food donation, which will be given to St. Matthews St. Vincent DePaul 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- ABA Wills and Estate Administration)

1. NJ Estate Tax eliminated on Estates under $5,400,000 as of January 1, 2018

2. NJ Inheritance Tax stays if assets are going to persons other than spouse or children.    

3. Federal Estate Tax exemption increased to over $5.49 million in 2018 but gifts limited to $14,000 per person

4. Set up a testamentary trust in your Will for Protection for spouses and leaving assets to children: 

5. We recommend Self- Proving Wills since witnesses often move or pass away

6. The New Probate law NJ 

7. NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees

8. Power of Attorney- Do not use a form purchased online. 

9. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared

10. Competency required to sign a Will or Power of Attorney

Facebook https://www.facebook.com/events/772834192888389

      COMPLIMENTARY MATERIAL: Brochures on Wills, 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 email: VercammenLaw@Njlaws.com

other Information call 732-572-0500

Can't attend?  We can email you materials

Send email to:  VercammenLaw@Njlaws.com

  Editorial Assistance provided by Brianna Pennington.  Ms. Pennington currently attends William Paterson University  and is participating in our Winter Break Internship Program. 

Like Us On: Facebook

https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985

Endorse Us On: Linkedin  

https://www.linkedin.com/in/kennethvercammen

E531 1. Ken Vercammen, family & Lexi dog wish you Happy Holidays & Merry Christmas. 2. Thank you Clients for a good year. 3. New YouTube videos 4. Fun Upcoming Running Races & Charity Events

NJ LAWS EMAIL NEWSLETTER E531

Kenneth Vercammen, Attorney at Law 

December 18, 2017

In this Issue:

1.  Ken Vercammen, family & Lexi dog wish you Happy Holidays & Merry Christmas.

2.  Thank you Clients for a good year.

3.  New YouTube videos

4.  Fun Upcoming Running Races & Charity Events 

1.   

Ken Vercammen, family & Lexi dog wish you Happy Holidays & Merry Christmas.

 

       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 during the holidays is the opportunity to thank our friends for their friendship. We are also thankful for the confidence our clients have shown in us, and the friends who have referred people to our office.

2. Thank you Clients for a good year.

    I would like to thank my clients and friends for another good year. This year was our single best year for referrals.  So many of you 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.

    After January 1, 2018 we will be shredding Municipal Court and litigation files more than 7 years old. If you are past client and there is a file in our office that you do not want us to shred, please email us.

3. New YouTube videos

Notice required in Driving While Suspended 39:3-40

https://www.youtube.com/edit?o=U&video_id=KiHay6KjMP4

20 minute observation by police required in DWI Alcotest machine

https://www.youtube.com/edit?o=U&video_id=KFzx76PIXtY

Collecting out of state judgment

https://www.youtube.com/edit?o=U&video_id=lwu3LTvdqmQ

Trust in Will for minor child

https://www.youtube.com/edit?o=U&video_id=2uUxd-ce5ik

Using medical records to defend a DWI https://www.youtube.com/edit?o=U&video_id=lUMTd1FHaGc

Second offense DWI penalties

https://www.youtube.com/edit?o=U&video_id=ip2wj8gYD98 

4. Next community events:

December 20, 2017

Raritan Valley  Road Runners Christmas Caroling in New Brunswick, NJ at selected pubs

https://www.facebook.com/events/149329002341519

December 21, 2017

National Homeless Persons' Memorial Day

  The first day of winter... the longest night of the year

Thursday, 6PM

VFW Post 9111 | 11 Henderson Road, Kendall Park

       Let us unite as a community to participate in a significant memorial event in remembrance of individuals who died in Middlesex County this past year and previous years from causes related to their being homeless. Join in the sharing of songs and testimonials by those who have experienced homelessness and participate as one body in a Community Commitment along with those who are working to end homelessness.

            Refreshments to follow.

           Donations of gently used men's, women's and children's coats (all sizes needed). Hats, gloves and scarves will be collected and most gratefully appreciated.

Sponsored by: The Township of South Brunswick and  VFW POST South Brunswick 9111

December 25, 2017 - Merry Christmas

Jan 6, 2018  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 https://www.active.com/north-brunswick-nj/running/trail-run-races/secret-mystery-winter-trail-run-fch-2018?int=72-3-A2

Jan 7, 2018 FARC Freehold Winter 5k first five Sunday

    More Central Jersey charity races at:

Raritan Valley Road Runners www.rvrr.org

Jersey Shore Running Club http://www.jsrc.org/webpages/races.htm

Freehold Area Running Club www.farcnj.com

Metro Race Forum www.raceforum.com

  Editorial Assistance provided by Haley Fedak.  Ms. Fedak is currently a Senior at Muhlenberg College and is participating in our Winter Break Internship Program. 

Like Us On: Facebook

https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985

Endorse Us On: Linkedin  

https://www.linkedin.com/in/kennethvercammen

Editor's Note and Disclaimer: All materials Copyright 2017. 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

E532 1. New Year's Resolution - Put your Estate Planning in order.ts for a good year. 2. New 2017 Expungement Law 3. Operation in DWI requires proof. 4. No blood draw without warrant unless exigency. 5. Fun Upcoming Running Races & Charity Events

E532 Happy New Year In this Issue: 1.  New Year's Resolution - Put your Estate Planning in order.ts for a good year. 2.  New 2017 Expungement Law 3.  Operation in DWI requires proof. 4.  No blood draw without warrant unless exigency. 5.  Fun Upcoming Running Races & Charity Events  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. Tax planning is deductible on your tax return. so If you do some estate planning to reduce potential taxes, your CPA may be able to deduct a portion of the professional fees paid for tax planning. The amounts to be deducted must be discussed with your CPA.      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.    Sometimes a person is often kept alive in 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. 2.  New 2017 Expungement Law  By Kenneth Vercammen       The Senate Judiciary Committee reports favorably and with committee amendments Senate Law No. 3307.                 This law, as amended, would revise procedures for 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.                    The Governor's office said:       Three new expungement reform bills developed by Governor Christie and Senator Sandra Cunningham (D-Hudson) as part of their continuing bipartisan endeavor would prohibit employment discrimination based upon an expunged criminal record; accelerate expungements and increase the number of convictions that can be expunged; and reduce the waiting period to expunge an entire juvenile record.       "I commend Senator Cunningham for working with me on this legislation that will return many more recovering addicts to their families, as productive members of society and help break the costly cycle of recidivism," Governor Christie said. "It prevents a childhood or adolescent mistake from ruining someone's future, while still ensuring there are appropriate consequences for unlawful behavior and lessons are learned. These reforms represent a second chance at life for our family members, friends, neighbors and coworkers, and they provide the same opportunities we would desperately want for ourselves."      "A minor criminal offense should not lead to a lifetime of punishment. These bills are about removing barriers for residents and helping them to overcome the obstacles that exist to finding employment, taking care of their families and setting their lives on the right path," said Senator Cunningham. "I want to thank the Governor for being a partner in this important work. These bills are a great step to providing offenders with the second chance they deserve."      Senate bill 3306 would strengthen New Jersey's Opportunity to Compete Act, also known as "Ban the Box," sponsored by Senator Cunningham and signed into law by Governor Christie in August 2014. S-3306 would prevent those with current and expunged criminal records from being discriminated against at the early stages of employment pursuits.       Senate bill 3307 would reform procedures for expunging criminal records by: Allowing a petitioner to expunge up to four, instead of three, offenses or multiple offenses that occurred within a short timeframe, if the petitioner has not been convicted of any prior or subsequent offense; Reducing the expungement eligibility waiting period from 10 years to six years, following the latest of any conviction, payment of fine and completion of probation, parole or prison sentence; Further reducing the expungement eligibility waiting period if satisfaction of a fine or restitution is the petitioner's only remaining barrier and the court finds that the expungement is in the public's interest; and Aligning expungement and sentencing statutes, allowing expungement for possession of marijuana with the intent to sell up to one ounce, which is the threshold for a fourth-degree crime.  Senate bill 3308 would decrease from five to three years the waiting period to expunge an entire juvenile record, maintaining all other requirements and provisions. "These necessary, life-saving reforms for people who deserve a second chance should be immediately passed by the New Jersey legislature and replicated across the country, as I have heard loud and clear from the victims of this disease and their families, grassroots leaders, medical professionals, law enforcement officers and those in the criminal justice system, during my travels around this great state and nation," Governor Christie said.     To hire attorney to expunge a prior criminal charge, call Ken Vercammen's office for a consult. Recent cases: 3.  Operation in DWI requires proof. State v. Decicco App. Div. unreported            A trooper, responding to a report about an "erratic driver," found a car parked in a field at a campground. Defendant was in the driver's seat holding a can of beer in his hand. The keys were in the ignition, but the engine was not running. Trooper testified that he could feel heat coming from the front of the car and heard crackling sounds from the engine. Defendant admitted drinking beer, said he was at the campground to pick up his mail and was staying to "sleep[] it off." Defendant failed field sobriety tests and his BAC measured 0.09.      On appeal, defendant contended that the state failed to show that he "operated" a vehicle. The court found that the state failed to meet its burden of proof because defendant's admission that he had driven to the campground did not establish a timeline to show that he was intoxicated when he did so and the state produced no eyewitnesses to defendant's alleged erratic driving. Additionally, the trooper admitted that the warmth from the car engine might have been from defendant running the air conditioner while parked. Unreported source New Jersey Law Journal April 6, 2017 4.  No blood draw without warrant unless exigency. State v. Smiejan, N.J. Super. App. Div. Unreported               Appellant was involved in an accident in which he struck two parked cars. While at the hospital for his injuries, a sample of his blood was taken without his consent or a search warrant; subsequent testing established his blood alcohol content was above the legal limit. Appellant moved for, and was denied suppression of the BAC evidence. The court noted there were exigent circumstances, which existed because of the delays inherent in the warrant application process.               On appeal, appellant argued that the seizure of his blood violated the Fourth Amendment, the Supreme Court's Missouri v. McNeely ruling applied which held that dissipation did not constitute an exigency, and ineffective assistance of counsel. The court reversed holding the trial court erred in relying upon the municipal judge's past experience as a factual basis to find the existence of an adequate exigency.             The court further held there were no meaningful factual findings made by either the municipal court judge or the law division judge. Finally, the court stated that, pursuant to McNeely, the case was to be remanded to determine whether the circumstances warranted the admission of the blood draw as the trial court failed to determine under the totality of the circumstances whether exigency existed thereby negating a need for a warrant. Accordingly, the court reversed and remanded. Source: http://www.njlawjournal.com/id=1202784736777/Unpublished-Opinions-for-the-Week-of-May-1-2017?mcode=0&curindex=0&curpage=3 5.  Fun Upcoming Running Races & Charity Events   Jan 6, 2018  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 register online and an email with secret start will be sent: https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun 2018 update Wills and Estate Planning- Free Seminar January 11 Thursday 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 Adult schools. This program is limited to 15 people. Please bring a canned food donation, which will be given to St. Matthews St. Vincent DePaul 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- ABA Wills and Estate Administration) 1. NJ Estate Tax eliminated on Estates under $5,400,000 as of January 1, 2018 2. NJ Inheritance Tax stays if assets are going to persons other than spouse or children.     3. Federal Estate Tax exemption increased to over $5.49 million in 2018 but gifts limited to $14,000 per person 4. Set up a testamentary trust in your Will for Protection for spouses and leaving assets to children:  5. We recommend Self- Proving Wills since witnesses often move or pass away 6. The New Probate law NJ  7. NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees 8. Power of Attorney- Do not use a form purchased online.  9. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared 10. Competency required to sign a Will or Power of Attorney Facebook https://www.facebook.com/events/772834192888389       COMPLIMENTARY MATERIAL: Brochures on Wills, 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 email: VercammenLaw@Njlaws.com other Information call 732-572-0500 Can't attend?  We can email you materials Send email to:  VercammenLaw@Njlaws.com   Editorial Assistance provided by Brianna Pennington.  Ms. Pennington currently attends William Paterson University  and is participating in our Winter Break Internship Program.  Like Us On: Facebook https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985 Endorse Us On: Linkedin   https://www.linkedin.com/in/kennethvercammen

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