2053 Woodbridge Avenue - Edison, NJ 08817

Friday, June 14, 2019

E561 1. Recent cases: Refusal to let police into home is not criminal interference. 2. Miranda violated here where detectives failed to advise subject of charges. 3. Organ and Tissue Donation and Transplantation helpful information. 4. LIVING WILLS in NJ 5. May 26, Edison Annual Memorial Day Parade, Edison Township 6. Edison Elks Community Pool Applications available 7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019 8. Charity running events May

In this Issue:
1. Recent cases: Refusal to let police into home is not criminal interference.
2.  Miranda violated here where detectives failed to advise subject of charges. 
3. Organ and Tissue Donation and Transplantation helpful information.  
4.  LIVING WILLS in NJ  
5.  May 26, Edison Annual Memorial Day Parade, Edison Township
6.  Edison Elks Community Pool Applications available
7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019
8. Charity running events May
1. Recent cases: Refusal to let police into home is not criminal interference. State v. Fede.
     The Court stresses that the police officers had the right to enter defendant's home under the emergency-aid doctrine, which permits warrantless entry under circumstances like those presented in this case. Because defendant's refusal to remove the door chain did not constitute an affirmative interference for purposes of obstructing justice within the meaning of the obstruction statute, the Court reverses the judgment of the Appellate Division and vacates defendant's conviction. (A-53-17)

2. Miranda violated here where detectives failed to advise subject of charges. State v. Vincenty __ NJ __ (2019)
     The record reveals that the detectives failed to inform Vincenty of the charges filed against him when they read him his rights and asked him to waive his right against self-incrimination. That failure deprived Vincenty of the ability to knowingly and intelligently waive his right against self-incrimination. Pursuant to A.G.D., Vincenty's motion to suppress should have been granted. (A-40-17; 
3. Organ and Tissue Donation and Transplantation helpful information.        
   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.
4. LIVING WILLS in NJ
By: Kenneth A. Vercammen, Esq.
ADVANCE DIRECTIVES/ LIVING WILLS
       All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care.  States recognize in their laws and public policy, the personal right of the individual patient to make voluntary, informed, choices to accept, reject or to choose among various alternative courses of medical and surgical treatment.
WHY ADVANCE DIRECTIVES/ LIVING WILLS
       Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure.  For some individuals the possibility of extended life is experienced as meaningful and of benefit.  For others, artificial continuation of life may seem to provide nothing medically necessary or valuable, serving only to extend suffering and draw out the dying process.  States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make the necessary health care decisions to have life-prolonging medical, surgical, or procedure means provided, withheld, or withdrawn.
       States acknowledge the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.
PURPOSE OF LIVING WILLS
       In order to assure respect for patients' previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients' interests both in their self-determination and well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and policy of this State and the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.
REQUIREMENTS OF STATUTE
       The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law.  It must be signed and dated in front of an attorney at law, other person authorized to administer oaths, or in the presence of two subscribing adult witnesses.  If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence.  A designated health care representative shall not act as a witness to the execution of the advance directive.  Since this is a legal document, it must be executed properly to be valid under the statute.
HEALTH CARE REPRESENTATIVE
       The declarant must designate one or more alternative health care representatives.  "Health care representative" means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.
 WHEN DOES THE ADVANCE DIRECTIVE BECOME OPERATIVE
       An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision.
       Treatment decisions in pursuit of an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician's opinion concerning the nature, cause, extent, and probable duration of the patient's incapacity.  This soon after shall be made a part of the patient's medical records.  For additional information or to have a "Living Will" prepared, see your attorney.  In addition, be certain your Last Will and testament is up to date.
Why should I consider writing an advance directive/ living will?
        Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can't make decisions yourself A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by family members, friends and health care providers. 
  
5. May 26, Edison Annual Memorial Day Parade, Edison Township
 Veterans, marching units, scout troops, youth sports leagues, high school organizations, floats, antique cars, local police and fire departments, and horse mounted individuals or units are invited to participate in the parade. Starts noon Sunday
The Parade will start at Division Street and continue down Plainfield Avenue to Jefferson Blvd and end at Father & Son Legion Post 435 at the intersection of Jefferson Blvd and Oakland Avenue.
http://www.edisonnj.org/Memorial%20Day%20Parade%20Ad.pdf
American Legion Father & Son Post 435
43 Oakland Ave. [off Jefferson near Wick Plaza]
Edison, NJ 08817
732) 985-9768
Metuchen Memorial Day Parade & Ceremony  Monday, May 27, 2019
PARADE 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
Reception at American Legion Fugle Hummer Post 65 Metuchen
17 Calvin Pl,
Metuchen, NJ 08840 Phone: (732) 321-9594
https://www.facebook.com/events/2007880206179644/
6. Edison Elks Community Pool Applications available
      The Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the Edison Community and surrounding areas this summer.
       
      The Metuchen YMCA is not helping the Edison Community Pool this year. To join the pool for 2019, you need to join the Elks or Elks Auxiliary. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
     The renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters.
     The Swim team competes against area pools.
     Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Edison Pool Dates and Hours of Operation:
  
    The Pool opens on weekends from Memorial Day through June 23- Hours Sat. 11am-8pm and Sun.12-8pm.  The pool will be open from the summer starting June 23 through Labor Day
Thursday, Friday, Saturday, Sunday Swim lessons for children ages 4-6 and 7-8 also to be announced.
7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019
   Professionals, Attorneys, 5k runners, Law Enforcement, friends invited to Happy Hour & Networking Social
   Friday July 12, 2019
at Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
   Free !    
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM is $2.00 House Drinks, House Wine Bud/BudLt draft
   If your professional group, non-profit or organization wishes to co-sponsor the networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
   Co-sponsored by NJ State Bar Association Municipal Court Section & several other organizations
     Outdoor & Indoor music, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
8. Charity running events May
May 24, 2019 "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. Chris K, maybe even Daniel-son

May 25, 2019 Spring Lake Five Mile Run    Saturday    8:30am then free food at Bar A. 5/25/19
May 26, 2019 Navesink 1.2 mile swim   8:15 AM
May 27, 2019 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
June 1, 2019 Avon 5k 6/1/19      Sat 8:30am     Avon-By-the-Sea       local First Aid squad   jsrc.org

June 1, 2019 RVRR Towpath Training run benefit Cancer Institute & post run picnic

June 2, 2019 George Washington Bridge Challenge Sunday, 20195k 7:45 am
June 8, 2019 PEYTON'S PROMISE 5K RUN Saturday, Sea Isle City.
  Editorial Assistance provided by Marina Dal Agnol.  Ms. Dal Agnol is currently participating in Kenneth Vercammen's Internship Program and will be entering her second year at Elisabeth Haub School of Law at Pace University.  

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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