E367 1. Recent Case: Miranda Waived Unless Defendant Clearly Requests Attorney. 2. Free Power of Attorney or Advance Directive for Law Enforcement. 3. Consequences of a Criminal Guilty Plea. 4. May Fun Upcoming Running Races and Community Events

NJ Laws Email Newsletter E367 Kenneth Vercammen, Attorney at Law May 11,2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Recent Case: Miranda Waived Unless Defendant Clearly Requests Attorney. 2. Free Power of Attorney or Advance Directive for Law Enforcement. 3. Consequences of a Criminal Guilty Plea. 4. May Fun Upcoming Running Races and Community Events.

1. Miranda Waived Unless Defendant Clearly Requests Attorney.State v Alston 204 NJ 614 (2011). Defendants statements after he waived his right to counsel, when clarified, were not an assertion of his right to counsel, and the police officers questions did not exceed the scope of permissible clarification. 2.Free Power of Attorney or Advance Directive for Law Enforcement. To recognize National Police Week, we will provide a free Power of Attorney or Advance Director for Middlesex County Police Officers. Appointments need to be scheduled by May 31. Call 732-572-0500. We have previously served as a volunteer withWills for Heroes, which are programs provide essential legal documents to our nations first responders, including Wills, Living Wills, and Powers of Attorney. By helping first responders plan now, they ensure their familys legal affairs are in order before a tragedy hits. The 501(c)(3) charitable non-profit Wills for Heroes Foundation supports these Wills programs, giving back to the community and protecting those who protect us. 3. Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) in front of a crowded room of people and sometimes newspaper reporters 2. Do you understand that if you plead guilty: a. You will have a criminal record b. You may go to Jail or Prison. c. You will have to pay Fines and Court Costs. 3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay aSafe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments, which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. 4. May Fun Upcoming Running Races and Community Events If you are attending any of these races, please call or email Ken V. Often we car pool or meet at these events. May 15, 2011Thorne 4mW. Long Branch9amfree beer afterwardsgreat JSRC May 15, 2011Stomp the Monster 5KMarlboro, NJ. The USAT-certified5K goes off at 10:30.The event includes a festival featuring beer , food and fun after the race May 19, 2011 Thursday 1-2:30pmMunicipal Court Practice programBorgata Hotel Atlantic City Learn the new rules and statutes, an insiders guide to handling cases in New Jerseys busiest courts. Municipal Court practice requires more knowledge than just showing up and pleading someone guilty. Learn from two of New Jerseys most respected lecturers on the subject. This course qualifies for Bridge The Gap credits. NJ State Bar Annual Meeting May 21, 2011Commotion By The Ocean Rumson Hash-The Windjammer.SeasidePark$40 for all day eventhash Run starts at 10:17, with free beer prior 10:17 Gather for Hash at (This is the scheduled start time of all Rumson hashes) CoMotion by the Ocean Hash includes: -Unforgettable hash, -A considerable commotion on the Atlantic Ocean, -Multiple beer checks, -Lunch at a nearby restaurant Return to the Windjammer in early afternoon. Thats when the pool party starts. Enjoy a relaxing swim in the heated pool, join inthe pool games, or justdo whatever comes naturally. 7:50Dinner, more beer, band Later:https://sites.google.com/site/comotionbytheocean2011/and https://store.hashspace.com/product.php?productid=16600 May 22, 2011Get a Clue - Race for PKU2 5k Race, 9:30am, 1 mile, 9am Colonial Park, Somerset May 26, 2011 Legal Run Around Somerville 7pm May 27, 2011- Start of Summer Happy Hour with the Legends of BelmarJoin Ken V and friends the Friday night before Spring Lake 5 race for Legends Night in Belmar at DJays, Bar A & Columnsnot a race, just social event 6pm DJays[ free quality food] 8pmBar Anticipation 10:30 Columns see some of the Legends of Belmar, including Bar A Tug of War Champions Chris Knigge and Ken Vercammen http://www.facebook.com/event.php?eid=186067818107487 May 28, 2011 Spring Lake 5 mile free food and reduced price drinks Bar A after race. Congratulations Shannon Vercammen, Straight A student and Brendan Vercammen, Deans List, University of Miami Pre- Med on academic scholarship.