2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, June 20, 2018

E539 1. Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. 2. No good faith exception for errors in search warrant for apartment. 3. If DWI plea vacated with PCR, no criminal DWS. 4. May 1 Sayreville Senior Center 5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate 6. May charity Running Races Charity 7. Memorial Day events 8. Kenneth Vercammen on News 12

NJ LAWS EMAIL NEWSLETTER E539
Kenneth Vercammen, Attorney at Law 
April 24, 2018
E539
1.  Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. 
2.  No good faith exception for errors in search warrant for apartment.
3.  If DWI plea vacated with PCR, no criminal DWS.
4.  May 1 Sayreville Senior Center
5.  Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6.  May charity Running Races Charity
7.  Memorial Day events
8.  Kenneth Vercammen on News 12

1. Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. The Super Lawyers list issued by Thomson Reuters, which manages West Publishing USA. 
A description of the selection methodology can be found at https://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
     Also, Kenneth Vercammen has been qualified by the NJ Supreme Court's the Board on Attorney Certification to be recognized as one of the few Municipal Court Law Attorneys.

2. No good faith exception for errors in search warrant for apartment. State v Boone (A-3-16)
   Because the warrant affidavit failed to provide specific information as to why defendant's apartment and not other units should be searched, the warrant application was deficient.
Here, no independent documentary evidence, such as a voting record, utility bill, or lease, was offered to corroborate Boone's address. No neighbor, informant, or controlled transaction demonstrated that Boone lived in Unit 4A. Police failed to provide the issuing judge a basis of knowledge from which to conclude that contraband would be found in the particular apartment. That is true regardless of whether the warrant application provided a basis for Boone's arrest because, as noted, probable cause to arrest a suspect is not synonymous with probable cause to search that suspect's apartment. Police lacked the facts important in Keyes, namely a reliable informant who could identify where Boone lived. Police here listed Boone's apartment unit as the targeted property in a conclusory manner, without any evidential basis as to how they knew that specific unit in a thirty-unit building contained contraband. The Court recognizes that the error here was likely an innocent oversight by the police. However, because New Jersey does not recognize an officer's good faith alone as an exception to the warrant requirement, the error demands reversal. 
        
         Because the State's warrant application did not include specific evidence as to why a judge should issue a search warrant for a specific apartment unit, the search warrant issued on the basis of that application was invalid. And, because the police search of Unit 4A was not supported by a valid warrant or justified by an exception to the warrant requirement, the search was unconstitutional. Therefore, the Court suppresses all evidence seized from Boone's apartment. The Court emphasizes that judges issuing search warrants must scrutinize the warrant application and tie specific evidence to the persons, property, or items the State seeks to search. Without that specificity and connection to the facts, the application must fail. 
3. If DWI plea vacated with PCR, no criminal DWS.  State v Faison A-3629-15T4 
     In this case, the court reversed defendant's conviction for operating a motor vehicle while his license was suspended for a second or subsequent driving while intoxicated (DWI) conviction, N.J.S.A. 2C:40-26(b). While defendant's license was suspended for a second DWI conviction when the police stopped him, before trial he successfully petitioned for post-conviction relief (PCR). The order granting PCR vacated his prior DWI convictions and remanded both matters to the municipal court for new trials. On remand, the municipal court dismissed one DWI charge, and defendant pled guilty to the other. 

         As a result of defendant's PCR and remand proceedings, at the time of his trial for violating N.J.S.A. 2C:40-26(b), he had only one prior DWI conviction. Accordingly, the State could not prove an element of the crime charged - a second DWI conviction - a prerequisite to the mandatory 180-day incarceration period imposed by N.J.S.A. 2C:40-26(b) and (c). 
4.  May 1 Sayreville Senior Center
Wills, Estate Planning & Probate Seminar- Last seminar of the Spring at 10am
423 Main Street                                                                      
Sayreville NJ 08872                                                                
     Open to the public. You do not need to be a resident.
 
SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA's "Wills and Estate Administration book")
       Main Topics:
1. NJ Estate Tax eliminated on Estates as of January 1, 2018 & Veterans Tax credit
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 
 
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center 
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner. 
Speakers: 
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year 
Past NJSBA GP Solo of the Year Edison, NJ
         Fees between $160-$190. More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, NJ 08901-1520   
Phone: 732-214-8500.    CustomerService@njicle.com
        Law students can attend for free, without material

6.  May charity Running Races Charity

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown http://www.cjbc.org
 
May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group
 
SAT, MAY 19, 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion
 
May 20, 2018 NJ Sharing Network 5k Long Branch 8:30 Sunday
 
May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
May 26, 2018 Spring Lake Five Mile Run    Saturday    8:30am then free food at Bar A.
 
5/27/18 Navesink 1.2 mile swim   8:15 AM
 
6/2/18   Elk's Flag Day Parade, Wildwood
6/2/18 RVRR Towpath Training run benefit Cancer Institute & post run picnic http://rvrr.org/events/training-run/

7. Memorial Day events
 
May 27, 2018 Edison Memorial Day Parade 12 noon Along Plainfield Avenue: Starting from Edison Library Division and ending at American Legion Post 435 Father & Son on Oakland Avenue for refreshments. 
       Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All male descendants, adopted sons and stepsons of members of the American Legion, and such male descendants of veterans who died in Service during World I, World War II, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, the Persian Gulf War and the War on Terrorism, during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for Membership in the Sons of The American Legion. Ken Vercammen is a member of the Sons of American Legion in Edison. Dues only $20.00 per year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave, 
Edison, NJ 08817
Phone: (732) 985-9768
 
5/28/18 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
May 28, 2018 METUCHEN AREA CHAMBER OF COMMERCE Annual Parade & Ceremony in honor of MEMORIAL DAY, Monday, -A Century of Service, Honoring our American Legion Post 65 & Boy Scout Troop 14 with Grand Marshals CW4 Isabella Giordano, U.S. Navy (Ret.) Verna Martin, U.S. Army (Ret.) 
   New PARADE route at 10am-From Brunswick Avenue & Edgar School, proceeding north on Main Street to New Street, to end at the Plaza for the CEREMONY at 11:30am

8.  Ken Vercammen was on News12 NJ TV again.
Kane in Your Corner. Odds of pothole damage reimbursement 'slim', discussing municipality liability
 
http://longisland.news12.com/story/37925887/kiyc-odds-of-pothole-damage-reimbursement-slim
 
Editor's Note and Disclaimer:
All materials Copyright 2018. 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

Monday, June 11, 2018

E538 1. Organ and Tissue Donation and Transplantation helpful information. 2. Not criminal harassment to publish rude flyers 3. Community events 4. April-May charity Running Races Charity 5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate 6. Protect your assets from Nursing Homes and Medicaid.

NJ LAWS EMAIL NEWSLETTER E538
Kenneth Vercammen, Attorney at Law 
April 4, 2018
E538
1. Organ and Tissue Donation and Transplantation helpful information.
2. Not criminal harassment to publish rude flyers
3. Community events
4. April-May charity Running Races Charity
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6. Protect your assets from Nursing Homes and Medicaid.

1. Organ and Tissue Donation and Transplantation helpful information.
        
   When is Organ Donation Awareness Month?
   National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
       
     Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
        
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

    Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.

Dear Friends, 
       We are sharing this message from the NJ Sharing Network to promote organ donation.
April is National Donate Life Month and we are so excited for the launch of #SaveNJLives, our initiative designed to start conversations about organ and tissue donation and transplantation.  

Thanks to our volunteers, nearly 140 participating pizzerias, coffee shops, diners and bagel shops in New Jersey will distribute custom designed pizza boxes and coffee sleeves in April, leading people to our campaign website, www.SaveNJLives.com. There, visitors can find out how many people in their town are waiting for a life-saving transplant, share that information via social media, and learn additional ways to help. 

  • Visit www.SaveNJLives.com
  •  and share the number of people in your town waiting for a transplant on your Facebook and Twitter pages. Simply click the Facebook and Twitter icons on the site and follow the prompts to share. 
  •  Participate in the 5/20/18 NJ Sharing Network 5k Long Branch 8:30 Sun

2. Not criminal harassment to publish rude flyers. State v. Burkert (A-6-16)
This case tests the limits to which a broadly worded harassment statute, N.J.S.A. 2C: 33-4(c), can criminalize speech. 

HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to "alarm" and "seriously annoy" must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interferes with that person's reasonable expectation of privacy. 
 1. N.J.S.A. 2C:33-4 distinguishes between "communications" and "language" that violate the statute in subsection (a), and "conduct" and "acts" that do so in subsection (c). Although a "course of alarming conduct" or "repeatedly committed acts" can occur through communications and language alone, it is far from clear that the Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct, is reinforced in State v. Hoffman, 149 N.J. 564 (1997). 
 2. Criminal laws touching on speech must give fair notice of where the line is set between what is permissible and proscribed and must be drawn with appropriate definiteness. A court can invalidate a statute that is substantially overbroad on its face if the statute reaches a substantial amount of constitutionally protected conduct. Such a drastic remedy, however, is not the only-and not even the preferred-approach. Provided that a statute is reasonably susceptible to an interpretation that will render it constitutional, courts must construe the statute to conform to the Constitution. 
 3. The vaguely and broadly worded standard in N.J.S.A. 2C:33-4(c) does not put a reasonable person on sufficient notice of the kinds of speech that the statute proscribes. The statute's vagueness also gives prosecuting authorities undue discretion to bring charges related to permissive expressive activities. That, in turn, means that the statute-if not more narrowly defined-has the capacity to chill permissible speech. Under N.J.S.A. 2C:33-4(c), a person who, with the purpose to seriously annoy another, does seriously annoy another is guilty of harassment. Speech, however, cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt. The First Amendment protects offensive discourse, hateful ideas, and crude language because freedom of expression needs breathing room and in the long run leads to a more enlightened society. Outside of the category of obscenity, courts should not play the role of censor by engaging in a weighing of an expression's value or relative social costs and benefits. Speech cannot be criminalized merely because others see no value in it. Nonetheless, neither the First Amendment nor Article I, Paragraph 6 of our State Constitution prohibits the State from criminalizing certain limited categories of speech, such as speech that is integral to criminal conduct, speech that physically threatens or terrorizes another, or speech that is intended to incite imminent unlawful conduct. The First Amendment also does not bar states from enacting laws that punish expressive activity when substantial privacy interests are being invaded in an essentially intolerable manner.

3. Community events April

Edison Elks presents - An Evening of Southern Rock & Blues
April 14 at 6 PM - 10 PM *  Saturday,
Edison Elks #2487 - Edison, NJ 375 Old Post Road, Edison, New Jersey 08817 Come enjoy Southern Rock & Blues music while eating some good ol' Southern BBQ. All proceeds help fund the Elks Wildwood Convention and Parade. $25.00 Short ribs and chicken Open to the public

April 16, 2018 Please share with your friends
   Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave. Metuchen, NJ 08840
Open to the public. You do not need to be a resident to attend

South Plainfield Public Library
Wills, Estate Planning & Probate Seminar
April 19 at 7pm
Free community program
South Plainfield Public Library
2484 Plainfield Avenue
South Plainfield, NJ 07080

WILLS & ESTATE ADMINISTRATION-PROTECT YOUR
FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the 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 on Estates as of January 1, 2018 & Veterans Tax credit
2. 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 

April 20 Happy "April 20" day for Legal marijuana fans

4. April-May charity Running Races Charity
April 15th at 8:00am - Lincoln Tunnel 5k in Weehawken Sunday Wakefern Shoprite is co-sponsor
April 24, 2018 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   Wakefern Shoprite Corporate Team Past Champion jsrc.org

April 28, 2018   JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
April 29, 2018     29th Annual Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or     40 Mile   now Starts at Franklin High School


April 29, 2018 Captain Ronald Zinn Memorial Races 10k Racewalk 9am, 5krun 11am Wall Municipal Building

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown

May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group

May 13, 2018 Run the hook 5k   Sandy Hook 10am Wakefern Shoprite co-sponsor 5k/10k:


SAT MAY 19 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion

May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
   5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner
Speakers:
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA GP Solo of the Year Edison, NJ
          
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field.

           A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice.
Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - 
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency... and more.

$137-$180.00 Superior Court Judges can attend for free.  
General Tuition, reduced fee  for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division [Free for Superior Court Judges and Law students]

Seminar #
More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: 732-214-8500

           Law students can attend for free, without material

6. Protect your assets from Nursing Homes and Medicaid seminar in Ocean City, NJ Free Begley Seminar

Protect the money you leave to your children from their divorce.

Protect your children's inheritance from creditors, taxes and their own poor judgment by using a Bloodline Trust.

Will I outlive my savings? What can I do?

How do I generate sufficient income from my savings? 
How much risk is appropriate in my investment portfolio?
Thursday, April 19th
11:30am Seminar and Lunch 
The Flanders Hotel
719 East 11th Street, Ocean City, NJ This seminar is free but reservations are required

Editorial Assistance provided by Meriam Kahany. Ms. Kahany is currently attending Rutgers University and is participating in Kenneth Vercammen's Spring Law Office Volunteer Internship Program.

Like Us On: Facebook

Endorse Us On: Linkedin  
Editor's Note and Disclaimer:
All materials Copyright 2018. 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

NJ LAWS NEWSLETTER E538 Kenneth Vercammen, Attorney at Law


April 4, 2018
E538
1. Organ and Tissue Donation and Transplantation helpful information.
2. Not criminal harassment to publish rude flyers
3. Community events
4. April-May charity Running Races Charity
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6. Protect your assets from Nursing Homes and Medicaid.

1. Organ and Tissue Donation and Transplantation helpful information.
        
   When is Organ Donation Awareness Month?
   National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
       
     Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
        
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

    Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.

Dear Friends, 
       We are sharing this message from the NJ Sharing Network to promote organ donation.
April is National Donate Life Month and we are so excited for the launch of #SaveNJLives, our initiative designed to start conversations about organ and tissue donation and transplantation.  

Thanks to our volunteers, nearly 140 participating pizzerias, coffee shops, diners and bagel shops in New Jersey will distribute custom designed pizza boxes and coffee sleeves in April, leading people to our campaign website, www.SaveNJLives.com. There, visitors can find out how many people in their town are waiting for a life-saving transplant, share that information via social media, and learn additional ways to help. 

  • Visit www.SaveNJLives.com
  •  and share the number of people in your town waiting for a transplant on your Facebook and Twitter pages. Simply click the Facebook and Twitter icons on the site and follow the prompts to share. 
  •  Participate in the 5/20/18 NJ Sharing Network 5k Long Branch 8:30 Sun

2. Not criminal harassment to publish rude flyers. State v. Burkert (A-6-16)
This case tests the limits to which a broadly worded harassment statute, N.J.S.A. 2C: 33-4(c), can criminalize speech. 

HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to "alarm" and "seriously annoy" must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interferes with that person's reasonable expectation of privacy. 
 1. N.J.S.A. 2C:33-4 distinguishes between "communications" and "language" that violate the statute in subsection (a), and "conduct" and "acts" that do so in subsection (c). Although a "course of alarming conduct" or "repeatedly committed acts" can occur through communications and language alone, it is far from clear that the Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct, is reinforced in State v. Hoffman, 149 N.J. 564 (1997). 
 2. Criminal laws touching on speech must give fair notice of where the line is set between what is permissible and proscribed and must be drawn with appropriate definiteness. A court can invalidate a statute that is substantially overbroad on its face if the statute reaches a substantial amount of constitutionally protected conduct. Such a drastic remedy, however, is not the only-and not even the preferred-approach. Provided that a statute is reasonably susceptible to an interpretation that will render it constitutional, courts must construe the statute to conform to the Constitution. 
 3. The vaguely and broadly worded standard in N.J.S.A. 2C:33-4(c) does not put a reasonable person on sufficient notice of the kinds of speech that the statute proscribes. The statute's vagueness also gives prosecuting authorities undue discretion to bring charges related to permissive expressive activities. That, in turn, means that the statute-if not more narrowly defined-has the capacity to chill permissible speech. Under N.J.S.A. 2C:33-4(c), a person who, with the purpose to seriously annoy another, does seriously annoy another is guilty of harassment. Speech, however, cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt. The First Amendment protects offensive discourse, hateful ideas, and crude language because freedom of expression needs breathing room and in the long run leads to a more enlightened society. Outside of the category of obscenity, courts should not play the role of censor by engaging in a weighing of an expression's value or relative social costs and benefits. Speech cannot be criminalized merely because others see no value in it. Nonetheless, neither the First Amendment nor Article I, Paragraph 6 of our State Constitution prohibits the State from criminalizing certain limited categories of speech, such as speech that is integral to criminal conduct, speech that physically threatens or terrorizes another, or speech that is intended to incite imminent unlawful conduct. The First Amendment also does not bar states from enacting laws that punish expressive activity when substantial privacy interests are being invaded in an essentially intolerable manner.

3. Community events April

Edison Elks presents - An Evening of Southern Rock & Blues
April 14 at 6 PM - 10 PM *  Saturday,
Edison Elks #2487 - Edison, NJ 375 Old Post Road, Edison, New Jersey 08817 Come enjoy Southern Rock & Blues music while eating some good ol' Southern BBQ. All proceeds help fund the Elks Wildwood Convention and Parade. $25.00 Short ribs and chicken Open to the public

April 16, 2018 Please share with your friends
   Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave. Metuchen, NJ 08840
Open to the public. You do not need to be a resident to attend

South Plainfield Public Library
Wills, Estate Planning & Probate Seminar
April 19 at 7pm
Free community program
South Plainfield Public Library
2484 Plainfield Avenue
South Plainfield, NJ 07080

WILLS & ESTATE ADMINISTRATION-PROTECT YOUR
FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the 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 on Estates as of January 1, 2018 & Veterans Tax credit
2. 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 

April 20 Happy "April 20" day for Legal marijuana fans

4. April-May charity Running Races Charity
April 15th at 8:00am - Lincoln Tunnel 5k in Weehawken Sunday Wakefern Shoprite is co-sponsor
April 24, 2018 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   Wakefern Shoprite Corporate Team Past Champion jsrc.org

April 28, 2018   JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
April 29, 2018     29th Annual Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or     40 Mile   now Starts at Franklin High School


April 29, 2018 Captain Ronald Zinn Memorial Races 10k Racewalk 9am, 5krun 11am Wall Municipal Building

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown

May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group

May 13, 2018 Run the hook 5k   Sandy Hook 10am Wakefern Shoprite co-sponsor 5k/10k:


SAT MAY 19 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion

May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
   5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner
Speakers:
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA GP Solo of the Year Edison, NJ
          
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field.

           A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice.
Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - 
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency... and more.

$137-$180.00 Superior Court Judges can attend for free.  
General Tuition, reduced fee  for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division [Free for Superior Court Judges and Law students]

Seminar #
More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: 732-214-8500

           Law students can attend for free, without material

6. Protect your assets from Nursing Homes and Medicaid seminar in Ocean City, NJ Free Begley Seminar

Protect the money you leave to your children from their divorce.

Protect your children's inheritance from creditors, taxes and their own poor judgment by using a Bloodline Trust.

Will I outlive my savings? What can I do?

How do I generate sufficient income from my savings? 
How much risk is appropriate in my investment portfolio?
Thursday, April 19th
11:30am Seminar and Lunch 
The Flanders Hotel
719 East 11th Street, Ocean City, NJ This seminar is free but reservations are required

Editorial Assistance provided by Meriam Kahany. Ms. Kahany is currently attending Rutgers University and is participating in Kenneth Vercammen's Spring Law Office Volunteer Internship Program.

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Editor's Note and Disclaimer:
All materials Copyright 2018. 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