E602 1 Recent cases- Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care 2. Stop reasonable where person ran from police even though description different 3. Will Seminars Oct 19 Metuchen Library & others 4. Other community events Edison Elks 5. October Running events

 E602

1 Recent cases- Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care

2. Stop reasonable where person ran from police even though description different  

3. Will Seminars Oct 19 Metuchen Library & others

4. Other community events Edison Elks   

5. October Running events 

 

1 Recent cases Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care

State v. Uppal Appellate Division

      Defendant appealed from his judgment of conviction for vehicular homicide. Defendant's vehicle caused a chain reaction of rear-end collisions, causing one vehicle to burst into flames and kill the occupants of that vehicle. Defendant's vehicle flipped over; an off-duty EMT at the scene found defendant lying on the ground near his vehicle and began administering aid, noting the smell of alcohol on defendant's breath and the slow reaction of his pupils. Defendant admitted to the EMT that he had consumed alcohol; however, defendant later denied consuming alcohol to the investigating trooper. At the hospital, the treating physician ordered samples of defendant's blood drawn pursuant to normal procedures; state police later arrived and directed hospital personnel to retain the blood samples for law enforcement. 

      Police subsequently obtained a telephonic warrant to collect blood samples, and hospital personnel drew a sample of defendant's blood. The trial court also ordered the release of defendant's toxicology report and medical records related to the analysis of samples taken from defendant for medical treatment purposes. The records disclosed the presence of opiates in defendant's system and a BAC of at least .08. The trial court denied defendant's subsequent motion to suppress the initial blood and urine samples taken prior to the search warrant, finding no evidence that hospital staff drew the samples at the request of law enforcement. 

      On appeal, defendant challenged the denial of his motion to suppress the results of a toxicology test from samples taken from defendant by hospital personnel during the course of defendant's treatment following the accident. The court rejected defendant's challenge and affirmed his conviction, agreeing with the trial court that the blood and urine samples taken before issuance of the search warrant were drawn as part of defendant's medical care for injuries he suffered in the crash, as medical personnel suspected possible internal injuries. Unreported Source Daily Briefing 8/28/2020 Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!

 

2. Stop reasonable where person ran from police even though description different  

State v. ButlerAppellate Division

     Defendant appealed his drug possession conviction, arguing he was unlawfully seized and the drugs in his possession should have been suppressed. Police responded to a report of an attempted burglary. The suspect was described as a tall black male. When police arrived, they found defendant, a short black male across the street from the house where the report was made. Before the police could exit their vehicle, defendant ran from the officers. As he ran, he discarded packages, which turned out to be drugs. Additional drugs were found on defendant's person. Although the police determined defendant was not the attempted burglar, he was arrested and charged with various drug-related crimes and with resisting arrest. Defendant sought to suppress evidence of the drugs, arguing the search was not reasonable, as he did not match the description. The judge denied the motion, finding the officers had a reasonable suspicion, in part due to defendant's conduct. Defendant then pled guilty and was sentenced to a five-year term. On appeal, the court affirmed the conviction. The court found the stop was reasonable based upon the totality of the circumstances. Although defendant's description was not a perfect match of the reported suspect, there were similarities in the description aside from height. Also, his location on an otherwise empty street and his behavior when the police arrived made the seizure reasonable. Unreported Source 9/17/2020 Daily Briefing  

 

3. Wills seminars Oct 19 Metuchen Library Will & Estates via Zoom

Metuchen seminar

Please email metuchenpubliclibrary@lmxac.org to register.

 

 

Programs are also posted at Will

https://www.facebook.com/events/624220935174148/

 

Oct 20 Sayreville Library Will & Estates via Zoom 

6:00PM Thursday

To register:

http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=416917&PK=

More details:

https://www.facebook.com/events/950851175326327

 

 4. Other community events Edison Elks   

Edison Elks   Saturday October 10th-Southern Rock All-stars 2pm 

Edison Elks #2487

375 Old Post Road

Edison NJ 08817-4653

(732) 985-2487

https://www.facebook.com/bpoelodge2487Edison/

 

Wednesday 14th Chili Nite at the Lodge with fixins, too Edison Elks   

 

Saturday, 17th Oktoberfest 2pm Edison Elks   

 

Oct 22 Edison Elks Thirsty Thursday with free outdoor band. Open to the public. You pay your food and beverage & Eagles v Giants    

 

*Wednesday 28th Soup pick up. This month is Beef veggie &/or Butternut squash! Edison Elks   

 

October 26, 2020  Handling Drug, DWI and Serious Cases in Municipal Court Seminar  3-6:35

Virtual seminar via Zoom, A NJ State Bar Association event

     Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year

Norma Murgado, Esq. Chief Prosecutor (Woodbridge)   

Chief Prosecutor (Elizabeth)

 

Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown, North Brunswick & others

John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section

 

-Recent Cases and AOC Directives

-New Expungement Law

-New DWI penalties

-Status of new Dwi law applying to older dwi charges

-Status of DRE

 

   This informative seminar on Municipal Court practice and procedure will update Attorneys and Judges with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that attorneys and law enforcement are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively handle cases.

 

 NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar For lawyers $150- $190 tuition depending on NJSBA membership   ½ price for Judges

https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=57770239

 

11/11 Veterans Day events- Wear your Flag clothes

 

   5. Next Running charity events 

 

Oct 25 Sea Turtle 5k New date & location

9am THOMPSON PARK in Lincroft. [Middletown]

https://runsignup.com/Race/NJ/WestOrange/SeaTurtleRace

 

11/15 Tom O'Reilly 'Inaugural' Turkey Trot 5k, Presented by Raritan Valley Road 9am

https://runsignup.com/Race/NJ/Somerset/TomOReillyTurkeyTrot5K

Thanks for doing business with us.

Clients, friends, attorneys please write a good review on Google 

https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1

 

You can also email comments and we can help post for you.

Recommend us on Facebook 

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

- Write a good review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

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        Attorneys who we have helped can also forward positive comments to us for our online reviews.

 

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500   

website: www.njlaws.com

 

 

E601 1. New book Drug and DWI Defense - Forms and Pleadings 2 . Guilty plea vacated where driver did not admit to the accuracy of the test results. State v. VargasAppellate Division 3. Legal Weed ballot question 4. HELP WANTED Temp Clerk for Law Office PT 5. Wills & Estate Seminars via Zoom 6 Charity Running events & community events

E601 1. New book Drug and DWI Defense - Forms and Pleadings  2 . Guilty plea vacated where driver did not admit to the accuracy of the test results.  State v. VargasAppellate Division   3. Legal Weed ballot question 4. HELP WANTED Temp Clerk for Law Office PT 5. Wills & Estate Seminars via Zoom 6 Charity Running events & community events 1. New book Drug and DWI Defense –NJ  Forms and Pleadings  New Jersey Specific Bound book and CD with Forms, helpful links and searchable PDF List Price: $59.00 USD NJ State Bar’s new book printed this week Written by: Kenneth A. Vercammen      This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms. This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses. Special Feature: Over 50 modifiable forms and motions Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes. Bonus! Also includes a section on marketing the DWI and drug defense practice. Table of Contents: 1 Pre-Interview 2 Office Interview and Preparing Notices to the Court and Prosecutor 3 Pretrial Motions 4 Trial Preparation 5 Trial 6 Sentencing and Post Trial 7 Supreme Court Caselaw and Federal Statutes 8 Marketing the DWI and Drug Defense Practice  Book # 1177719   New Jersey Institute for Continuing Legal Education  A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com Proceeds go to support NJ Bar Association and NJ Bar Foundation programs Link to webpage to purchase https://tcms.njsba.com/personifyebusiness/njicle/Store/ProductDetails.aspx?productid=46708744 2 . Guilty plea vacated where driver did not admit to the accuracy of the test results.  State v. Vargas Appellate Division        Defendant appealed the denial of his motion to vacate his guilty plea to DWI. Defendant crashed his vehicle and was taken to the hospital with serious injuries. A hospital blood test showed a BAC of .184 percent and he was charged with a per se DWI offense, careless driving, failure to keep right and failure to wear a seatbelt. He pled guilty to the DWI offense in April 2012. In 2018, he was again charged with DWI and he moved to vacate his 2012 DWI conviction to avoid enhanced punishment. Municipal court rejected defendant's arguments that the legal consequences of his guilty plea were not adequately explained to him and the factual basis for the guilty plea was insufficient. Defendant appealed to the Law Division, which affirmed.       Defendant appealed and court found his argument that he was not properly advised of the consequences of his plea lacked all merit. However, defendant's plea colloquy was "not ideal" and the formulation of the critical question posed to defendant concerning the BAC elements was problematic. Although defendant acknowledged he understood the blood test indicated his BAC was over the legal limit, he was never asked to acknowledge or acquiesce to the accuracy of the test results. Unreported Source Daily Briefing 9/11/2020Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit! 3. Legal Weed ballot question The following Constitutional Amendment will appear on the November 3, 2020 General Election Ballot  YES  CONSTITUTIONAL AMENDMENT TO LEGALIZE MARIJUANA  Do you approve amending the Constitution to legalize a controlled form of marijuana called “cannabis”?  Only adults at least 21 years of age could use cannabis. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market.  Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.  NO  INTERPRETIVE STATEMENT  This amendment would legalize a controlled form of marijuana called “cannabis”. Only persons at least 21 years of age could use cannabis products legally.  The Cannabis Regulatory Commission would oversee the new adult cannabis market. This commission was created in 2019 to oversee the State’s medical cannabis program. The scope of the commission’s new authority would be detailed in laws enacted by the Legislature.  All retail sales of cannabis products in the new adult cannabis market would be subject to the State’s sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products. 4. HELP WANTED Temp Clerk for Law Office PT- Answer phones, envelope stuffing, schedule appointments, misc. clerk duties  Monday-Friday start 8:55am 1:30   Mid October- December Call Cynthia -Business manager 732-816-4449   $11.00 per hour start  5. Wills & Estate Seminars via Zoom  October 6 Piscataway Library Will & Estates Link for free registration: Piscataway seminar link  Oct 19 Metuchen Library Will & Estates via Zoom Metuchen seminar Programs are also posted at Will Oct 20 Sayreville Library Will & Estates via Zoom 6 Charity Running events & community events Oct 17 Sea girt 5k 8:30 start when you want http://www.seagirt5k.com   Oct 24 Sea Turtle 5k 8:30AM West Orange  https://runsignup.com/Race/NJ/WestOrange/SeaTurtleRace 11/15 Tom O'Reilly 'Inaugural' Turkey Trot 5k, Presented by Raritan Valley Road 9am 9/24  Edison Elks Thirsty Thursday with free outdoor band. Open to the public. You pay your food and beverage. Also Oct 22 October 26, 2020  Handling Drug, DWI and Serious Cases in Municipal Court Seminar  3-6:35 Virtual seminar via Zoom      Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year Norma M. Murgado, Esq. Chief Prosecutor (Woodbridge)  Chief Prosecutor (Elizabeth) Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown, North Brunswick & others John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section   -New Expungement Law -Decriminalization of pot -New DWI penalties -Can new Dwi law apply to older dwi charges  This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter.  They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.  NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar For lawyers $150- $190 tuition depending on NJSBA membership   ½ price for Judges 11/11 Veterans Day events

Clients, friends, attorneys please write a good review on Google  https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1   You can also email comments and we can help post for you. Recommend us on Facebook   https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/ - Write a good review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison -Write a good review on Avvo https://www.avvo.com/review-your-lawyer            Attorneys who we have helped can also forward positive comments to us for our online reviews.

E600 Kenneth Vercammen Attorney at Law September 16, 2020 In this issue: 1. Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care 2. Wills & Estate Seminars online 3. Final Outdoor fun, inexpensive outdoor concerts & September events 4 Help Wanted Clerk for Law Office PT 5 Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 26, 2020 6 Fall Running events

In this issue:

1. Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care

2. Wills & Estate Seminars online

3. Final Outdoor fun, inexpensive outdoor concerts & September events

4 Help Wanted Clerk for Law Office PT

5 Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 26, 2020  

6  Fall Running events

 

1. Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care

State v. Uppal, Appellate Division, Per Curiam. Defendant appealed from his judgment of conviction for vehicular homicide. Defendant's vehicle caused a chain reaction of rear-end collisions, causing one vehicle to burst into flames and kill the occupants of that vehicle. Defendant's vehicle flipped over; an off-duty EMT at the scene found defendant lying on the ground near his vehicle and began administering aid, noting the smell of alcohol on defendant's breath and the slow reaction of his pupils. Defendant admitted to the EMT that he had consumed alcohol; however, defendant later denied consuming alcohol to the investigating trooper. At the hospital, the treating physician ordered samples of defendant's blood drawn pursuant to normal procedures; state police later arrived and directed hospital personnel to retain the blood samples for law enforcement. 

           Police subsequently obtained a telephonic warrant to collect blood samples, and hospital personnel drew a sample of defendant's blood. The trial court also ordered the release of defendant's toxicology report and medical records related to the analysis of samples taken from defendant for medical treatment purposes. The records disclosed the presence of opiates in defendant's system and a BAC of at least .08. The trial court denied defendant's subsequent motion to suppress the initial blood and urine samples taken prior to the search warrant, finding no evidence that hospital staff drew the samples at the request of law enforcement. 

           On appeal, defendant challenged the denial of his motion to suppress the results of a toxicology test from samples taken from defendant by hospital personnel during the course of defendant's treatment following the accident. The court rejected defendant's challenge and affirmed his conviction, agreeing with the trial court that the blood and urine samples taken before issuance of the search warrant were drawn as part of defendant's medical care for injuries he suffered in the crash, as medical personnel suspected possible internal injuries. Unpublished

Source: Daily Briefing - 08/28/2020

 

2. Wills & Estate Seminars online free. There have been many changes to NJ Estate Planning and Probate and Elder Law. 

     As my clients mature, we do more Estate Planning & Probate, Estate Administration and Orders to Show Cause. We invite you and friends to attend one of the Library WILLS & ESTATE ADMINISTRATION zoom seminars. 

Sept 21 Spotswood Library Will & Estates

Spotswood Library

 

Sept 22 North Brunswick Will & Estates                                                 

Free but registration requested via the link

Registration is required at 

North Brunswick seminar

 

October 6 Piscataway Library Will & Estates

Link for free registration:

Piscataway seminar link 

Oct 19 Metuchen Library Will & Estates

Metuchen seminar

Programs are also posted on our blog Will seminars

     If you do not have an up to date Power of Attorney or Will, have one prepared. 

 

3. Final Outdoor fun, inexpensive outdoor concerts & September events. If you are going to any events email Ken V

 

SEPTEMBER 18 @ 6:00PM FRIDAY,

RAINBOW FULL of SOUND The Complete Europe 72 Album at the BIERGARTEN HAMILTON NJ  Pay at the door The BierGarten @ the German - American Society 

 

SEP 19 Kindred Spirit at Mercer County Park Drive-in Concert 

Mercer County Park

 

9/24  Edison Elks Thirsty Thursday with free outdoor band. Open to the public. You pay your food and beverage.

https://www.facebook.com/events/3200271060091690/

 

SEP 25 Drunken Clams Band at Coopers Riverview! 

https://www.facebook.com/events/3200271060091690/

 

9/26 Oktoberfest Hamilton German club 2020 Buy tickets ahead

Public · Hosted by 80's UnderCover, The Adlers Band and 3 others

https://www.facebook.com/events/465294064090075/

 

Free Woodbridge Summer concerts at Woodbridge High School  

  9/20 Southern Steel  7pm

Southern Steel http://woodbridgeartsnj.org. 

 

4 HELP WANTED Clerk for Law Office PT - Answer phones, schedule appointments, envelope stuffing, misc. clerk duties 

Monday-Friday

start 8:55am 1:30

 

$11.00 per hour start

        OTHER DUTIES

-Telephone Answering & get out mail, stuff client letters

-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.

- Preparation of documents on Computer and mail to courts

-General Office duties in Law Office

-Update mailing/ client lists and learn marketing

-All other work needed including working on litigation cases

 A good way to learn NJ Law Office procedures

Must be dependable and committed to perfection. 

    Call Law Office of Kenneth Vercammen & Associates at 732-572-0500 if interested.

Check out our website at www.njlaws.com to see more information on our law office.

 

 5 Handling Drug, DWI and Serious Cases in Municipal Court Seminar  October 26, 2020  3-6:35

Virtual seminar via Zoom

 

     Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year

Norma M. Murgado, Esq. Chief Prosecutor (Woodbridge)  Chief Prosecutor (Elizabeth)

Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown, North Brunswick & others

John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section

 

-New Expungement Law

-Decriminalization of pot

-New DWI penalties

-Can new Dwi law apply to older dwi charges

 This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter.

 They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. 

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar For lawyers $150- $190 tuition depending on NJSBA membership   ½ price for Judges. 

One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · CustomerService@njsba.com

Seminar  

https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=57770239

 

6  Fall Running events

9/19 Hash run Saturday: 10:17a.m. Meet up at Fox Hollow Vineyards

https://www.facebook.com/events/603182210231172/

 

9/20  of Hunterdon County 5k Race for Hunger XC 5k

https://runsignup.com/Race/NJ/Flemington/ShopRiteRaceforHunger

 

SEP 26 RVRR  General Membership Meeting and Member Appreciation Day

https://www.facebook.com/events/743891449742559/

 

9/27 Phoenix Sprint Triathlon/Duathlon hosted by The Joseph Citta Scout Reservation in Barnegat NJ.

https://www.raceplace.com/events/87915/phoenix-sprint-triathlon-duathlon

 

Monday nights Long Branch open water swim 6pm

https://www.facebook.com/pg/PBNSwim/events/?ref=page_internal

Oct 17 Sea Girt 5k 8:30 start when you want

http://www.seagirt5k.com

 

Oct 24 Sea Turtle 5k

8:30AM West Orange 

https://runsignup.com/Race/NJ/WestOrange/SeaTurtleRace

 

Clients, friends, attorneys please write a good review on Google 

Write a good review on Google

You can also email comments and we can help post for you.

Recommend us on Facebook

- Write a good review on Yelp  

Leave us a review on Yelp

-Write a good review on Avvo 

Avvo review here

        Attorneys who we have helped can also forward positive comments to us for our online reviews.

E599a Happy Labor Day 1. Wills & Estate Seminars online. There have been many changes to NJ Estate Planning and Probate and Elder Law. 2. Congratulations Shannon Vercammen, engaged to Zach Gildenberg, Financial Advisor this weekend 3. Jail always applies to criminal driving while suspended, Laurick application denied 4. Join us for Outdoor fun, inexpensive outdoor concerts& September events 5. Fly the Flag on 9/11

E599a Happy Labor Day 1. Wills & Estate Seminars online. There have been many changes to NJ Estate Planning and Probate and Elder Law.  2. Congratulations Shannon Vercammen, engaged to Zach Gildenberg, Financial Advisor this weekend   3. Jail always applies to criminal driving while suspended, Laurick application denied 4. Join us for Outdoor fun, inexpensive outdoor concerts& September events 5. Fly the Flag on 9/11 1. Wills & Estate Seminars online. There have been many changes to NJ Estate Planning and Probate and Elder Law.      As my clients mature, we do more Estate Planning & Probate, Estate Administration and Orders to Show Cause. We invite you and friends to attend one of the Library WILLS & ESTATE ADMINISTRATION zoom seminars.  Sept 21 Spotswood Library Will & Estates https://www.facebook.com/events/2488949128063865/ Sept 22 North Brunswick Will & Estates                                                      Free but registration requested via the link Registration is required at https://us02web.zoom.us/meeting/register/tZ0tde-sqjouE9fXmYAWFx34o1BJgoyDnVIG October 6 Piscataway Library Will & Estates Link for free registration: https://docs.google.com/forms/d/e/1FAIpQLScoPfzw-6gWjMxXFcueGAGPYqhdNS7S5xC6d-2IFihOXxXunw/viewform Oct 19 Metuchen Library Will & Estates https://www.facebook.com/events/624220935174148/ Programs are also posted at https://njwills.blogspot.com      If you do not have an up to date Power of Attorney or Will, have one prepared.  2. Congratulations Shannon Vercammen, engaged to Zach Gildenberg, Financial Advisor this weekend.

3. Jail always applies to criminal driving while suspended, Laurick application denied     State v. Konecny, Appellate Division, Per Curiam. Defendant appealed his sentence for fourth-degree operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). In 1986 and 1999, defendant was convicted of driving while under the influence, N.J.S.A. 39:4-50. He was convicted in 2016 of refusing to submit to testing, N.J.S.A. 39:4-50.4a, and his driver's license was suspended for two years. While his license was suspended, he was stopped three separate times for driving with a suspended license. On April 16, 2018, defendant pled guilty to three charges of operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). For each offense, defendant acknowledged that at the time he operated his vehicle, he knew his license was suspended. Defendant sought post-conviction relief (PCR) regarding the 1999 DWI and 2016 refusal conviction pursuant to State v. Laurick, 120 N.J. 1 (1990), arguing an uncounseled prior DWI conviction could not be used to increase a custodial term for subsequent DWI convictions. Defendant was granted PCR relief for both convictions on the basis that a DWI conviction may not be used to enhance any subsequent conviction of N.J.S.A 39:3-40 or N.J.S.A. 2C:40-26 pursuant to Laurick. On October 23, 2018, defendant was sentenced on the driving while suspended offenses to concurrent terms of two years' probation and 180 days in jail with 180 days of parole ineligibility on each offense, plus appropriate fines and penalties. The trial judge rejected defendant's request that he apply Laurick on the N.J.S.A. 2C:40-26(b) charges. The judge found Laurick was inapplicable as N.J.S.A. 2C:40-26 was a mandatory minimum sentence, and not an enhanced sentence. On appeal, the court affirmed the lower court's decision. The court found Laurick did not apply to convictions under N.J.S.A. 2C:40-26. The elements of the statute were satisfied and the mandatory period of incarceration applied.   Source https://www.law.com/njlawjournal/almID/1597950196NJA086118T/ 4. Join us for Outdoorfun, inexpensive outdoor concerts& September events Free Woodbridge Summer concerts are on for 2020! All concerts will take place on the lawn at Woodbridge High School to allow for social distancing   http://woodbridgeartsnj.org. If you are going to any events email Ken V Woodbridge High School (all start at 7:30 p.m.) Sept. 8: Starman (David Bowie tribute)  9/9 Back to the Garden 1969 (Woodstock tribute) 9/12 Edison Elks End of the Pandemic Summer Bash Public · Hosted by Edison Elks #2487 - Edison, NJ 9/13 Blue Meanies Tribute to The Monkees 7pm 9/14  Elvis Tribute Woodbridge High School 9/15 Saints In The City at the Woodbridge Concert Series. https://www.facebook.com/events/739964990095841/ SEP 16 Woodbridge Mayor's Outdoor Concert with Shore Soundz! https://www.facebook.com/events/908288279660769/ 9/17 9South band https://www.facebook.com/9South-46581173926/ 9/20 Southern Steel https://www.southernsteelband.com/southern_steel_003.htm Outside of Woodbridge SEP 17 Guns 4 Hire Electric End of Summer Party at BeachWalk Public · Hosted by Social-Butterfly Debbie, Guns 4 Hire Acoustic Trio $20 FRIDAY, SEPTEMBER 18 @ 6:00PM RAINBOW FULL of SOUND The Complete Europe 72 Album at the BIERGARTEN HAMILTON NJ The BierGarten @ the German - American Society of Trenton / Hamilton NJ, Hamilton NJ SEP 19 Annual Kilt Run 10am· Hosted by Belmar Lake Como St. Patrick's Day Parade  https://www.facebook.com/events/179590969952982/ 9/19 Hash run Saturday: 10:17a.m. Meet up at Fox Hollow Vineyards https://www.facebook.com/events/603182210231172/ SEP 19 Kindred Spirit at Mercer County Park Drive-in Concert -Sept 19 Public Hosted by Kindred Spirit https://www.facebook.com/events/1260113394327108/ 9/20  of Hunterdon County 5k Race for Hunger XC 5k https://runsignup.com/Race/NJ/Flemington/ShopRiteRaceforHunger 9/24  Edison Elks Thirsty Thursday with outdoor band https://www.facebook.com/events/3200271060091690/ SEP 25 Drunken Clams Band at Coopers Riverview!  https://www.facebook.com/events/3200271060091690/ 9/26 Oktoberfest Hamilton German club 2020 Public · Hosted by 80's UnderCover, The Adlers Band and 3 others https://www.facebook.com/events/465294064090075/ 9/27 Phoenix Sprint Triathlon/Duathlon hosted by The Joseph Citta Scout Reservation in Barnegat NJ. https://www.raceplace.com/events/87915/phoenix-sprint-triathlon-duathlon plus Monday nights Long Branch open water swim 6pm https://www.facebook.com/pg/PBNSwim/events/?ref=page_internal 5. Fly the Flag on 9/11     Get your Flag Ready! Please join us in this FLY THE FLAG campaign and PLEASE forward this Email to everyone in your address book asking them to also forward it.  If you forward this email to at least 11 people and each of those people does the same, you get the idea.    On September 11th, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on the anniversary of one our country's worst tragedies.     Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you. Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day. Clients, friends, attorneys please write a good review on Google  https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 You can also email comments and we can help post for you. Recommend us on Facebook  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/ - Write a good review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison -Write a good review on Avvo https://www.avvo.com/review-your-lawyer           Attorneys who we have helped can also forward positive comments to us for our online reviews.

E598 1. What is a Testamentary Trust in a Will for minor children or children with problems with money 2. Have a Power of Attorney prepared for your college children and children traveling out of state 3. Handling Criminal Misdemeanor and Traffic Cases: New Ideas to Expand and Excel Your Practice Podcast 4. Additional informational YouTube videos added for the public 5. Join us for Outdoorfun, inexpensive outdoor concerts& August events

E598 1. What is a Testamentary Trust in a Will for minor children or children with problems with money 2. Have a Power of Attorney prepared for your college children and children traveling out of state 3. Handling Criminal Misdemeanor and Traffic Cases: New Ideas to Expand and Excel Your Practice   Podcast 4. Additional informational YouTube videos added for the public 5. Join us for Outdoorfun, inexpensive outdoor concerts& August events 1. What is a Testamentary Trust in a Will for minor children or children with problems with money       The Testamentary Trust in a Will is recommended when you have minor children, or children that cant handle money. A testamentary trust is a Trust set up inside your Will  A regular trust is funded during your lifetime with your assets. A Testamentary Trust in a Will is not funded until you pass away. A regular trust costs between $2,500- $4,000 to set up. A Will with Testamentary Trust costs approx $500 each.          A testamentary trust in a Will (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified in his or her will.          Testamentary trusts are distinguished from inter vivos trusts, which are created during the settlor's lifetime and funded with money. There are four parties involved in a testamentary trust: the person who specifies that the trust be created, usually as a part of his or her will, but it may be set up in abeyance during the person's lifetime. This person may be called the grantor or trustor, but is usually referred to as the settlor; the trustee, whose duty is to carry out the terms of the will. He or she may be named in the will, or may be appointed by the probate court that handles the will; the beneficiary(s), who will receive the benefits of the trust; Although not a party to the trust itself, the probate court is a necessary component of the trust's activity. It oversees the trustee's handling of the trust.          A testamentary trust is a legal arrangement created as specified in a person's will, and is occasioned by the death of that person. It is created to address any estate accumulated during that person's lifetime or generated as a result of a postmortem lawsuit, such as a settlement in a survival claim, or the proceeds from a life insurance policy held on the settlor. A trust can be created to oversee such assets. A trustee is appointed to direct the trust until a set time when the trust expires, such as when minor beneficiaries reach a specified age or accomplish a deed such as completing a set educational goal or achieving a specified matrimonial status.          For a testamentary trust, as the settlor is deceased, he or she will generally not have any influence over the trustee's exercise of discretion, although in some jurisdictions it is common for the testator to leave a letter of wishes for the trustee. In practical terms testamentary trusts tend to be driven more by the needs of the beneficiaries (particularly infant beneficiaries) than by tax considerations, which are the usual considerations in inter vivos trusts. Sourcehttps://en.wikipedia.org/wiki/Testamentary_trust    Using a Testamentary  Spendthrift Trust in a Will for children with substance abuse issues A spendthrift trust in a Will is one of the best options when estate planning for addicts. There are several forms of this trust a parent can consider, and each has pros and cons. At its most basic, the spendthrift trust enables a parent to put spending authority in the hands of a trustee, or a trusted person who will control the reckless spending of the child. This can prevent them from wasting funds and can prevent them from using funds to purchase drugs.           Spendthrift clauses in trusts are also valuable because a parent can use them to provide necessary funds such as food, clothing, cab fare and shelter to the beneficiary, without allowing them to spend anything else. This enables a parent to offer support, even after a parent are deceased. Finally, spendthrift clauses typically protect the funds in the estate from creditors. So long as the funds are in the trust, creditors cannot reach them. This is ideal in instances where the child may have to declare bankruptcy due to poor financial decisions while under the influence of drugs or alcohol, has a large amount of debt, or is likely to accrue a large amount of debt. However, once funds are taken out of the trust, they can be garnished by creditors. Creditors include child support, alimony, taxes, Medicaid.                 In some cases, a parent may be able to set up a discretionary spendthrift supplementary needs trust, which enables the child to qualify for needs-based government benefits (SSI, Medicaid, housing, SNAP, etc.), while offering the other benefits of the trust. The best way to set this up is to create a Testamentary Discretionary Trust with a spendthrift clause, which will come into effect after a parent are deceased. Then, the funds will be moved into trust and spending will be controlled by the trustee for the benefit of the child (the beneficiary). Source https://beginningstreatment.com/estate-planning-for-addicts/ N.J.S.A. 3B:31-38 Discretionary Trusts N.J.S.A. 3B:31-68 Discretionary Powers      Originally drafted by one of NJ's top attorneys Glenn A. Henkel, also a past great Wrestler at St. Thomas Bishop Ahr High School Edison with Ken V on wrestling team 2.Have a Power of Attorney prepared for your college children and children traveling out of state         There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.       Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.       Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.       While you may never need to use these documents, it is better to be safe than sorry! See also NJ teachers add updating Wills to back-to-school to-do list amid pandemic https://www.northjersey.com/story/opinion/2020/07/23/nj-coronavirus-teachers-add-updating-wills-to-back-to-school-to-do-list/5482317002/?fbclid=IwAR1RAMGJOzYR_NHrl0LEM6o0pfA6kdSFOaajO0dm0ObsokEpJyIwzDHZH5o 3.  Handling Criminal Misdemeanor and Traffic Cases: New Ideas to Expand and Excel Your Practice   Podcast Free for ABA members      The panelists will discuss how to best represent clients from the first phone call to resolving the case in court. Detailed instruction and valuable insights are offered beginning with the initial contact with the client, to walking into the courthouse, and managing the steps that follow. Speakers Kenneth Vercammen & Jeffrey C Robinson https://www.americanbar.org/events-cle/ecd/ondemand/400650927/     4. Additional informational YouTube videos added for the public What is the Probate process?PM.mov https://www.youtube.com/watch?v=8h56XPDqFh8 Probate of Wills and handling estates where no will during covid.mov https://www.youtube.com/watch?v=foqFTZDOvHM Probate process while the Surrogate's physical office is closed.mov https://www.youtube.com/watch?v=lTs9PC6HqCk Why you don't usually need to set up a Revocable Living Trusts in NJ and spend $3,000-$6,000.mov https://www.youtube.com/watch?v=GjoXt0F63Rk Metlife Hyatt Legal Plan Wills, Power of Attorney, Living Wills and estate-planning services online.mov https://www.youtube.com/watch?v=lLsNldN781k New expungement law started June 15, 2020.mov https://www.youtube.com/watch?v=nGoMlrptqKU Court Order to start DWI and hearings again.mov https://www.youtube.com/watch?v=rNKHranokJM   5. Join us for Outdoorfun, inexpensive outdoor concerts& August events Free Woodbridge Summer concerts are on for 2020! All concerts will take place on the lawn at Woodbridge High School to allow for social distancing   http://woodbridgeartsnj.org. If you are going to any events email Ken V TRIBUTE TUESDAYS Woodbridge High School (all start at 7:30 p.m.) Sept. 1: BStreet Band (Bruce Springsteen tribute) Sept. 8: Starman (David Bowie tribute) COUNTRY SUNDAYS (Woodbridge High School  all start at 7 p.m.) Aug 23 THE BAND Band's tribute to Bob Dylan in Woodbridge Aug. 30: Ronnie Penque's Panama Dead (music of New Riders of the Purple Sage) GOLDEN OLDIES MONDAYS (all start at 7 p.m.) Ken V usually swims in Long Branch Monday night Aug. 24: The Cameos Aug. 31: The Infernos Sept. 14: The Happenings featuring Bob Miranda        Outside of Woodbridge Monday nights Long Branch open water swim 6pm https://www.facebook.com/pg/PBNSwim/events/?ref=page_internal Aug 20 Edison Elks Thirsty Thursday with outdoor band Aug 21  RAINBOW FULL of SOUND / Terrapin Station Album OUTDOORS FRIDAY @ 7:00PM The BierGarten @ the German - American Society of Trenton / Hamilton NJ https://www.waynardmusic.com/on-tour Aug 22 Marine Corps Run For Freedom Freehold, 5K Run starts at 0930 Race after party at iPlay America at the Gametime Bar & Grill https://www.marinecorpsrunforfreedom5k.org Aug 25 Rainbow Full of Sound Donavan's Reef Sea Bright beach Tuesday Or Aug 25 Sensational Soul Cruisers Public · Hosted by Asbury Park Music Foundation Asbury Park Springwood Park  https://www.facebook.com/events/662736437785581/ AUG 26 Motor City Revue, Brick Township Recreation at Traders Cove https://www.facebook.com/events/657150368376401/ AUG 28 No Way Out Band live at Cooper's Riverview Public · Hosted by Coopers Riverview and No Way Out Band  https://www.facebook.com/events/325591105125645/ August 29, 2020  Eagle First Responders 5K https://runsignup.com/Race/NJ/Jackson/EagleFirstResponders5K Sat Jackson, NJ US 08527  Johnson Park AUG 31 Standing On The Moon live from Seaside Park Public · Hosted by JP LaStella and Company Monday, 7:30 PM  6Th Ave Seaside Park Seaside Park, NJ 08752  https://www.facebook.com/events/285000149379735/rk   Raritan Valley Road Runner RVRR club runs are back. Join the club and run [distancing per Murphy]      WEDNESDAY NIGHT RUNWednesday night runs starting in June-August are usually held at 6:30 pm, Grove 5, Johnson Park in Piscataway.  When parking at Grove 5 is closed or the entire section is closed, they will meet at Grove 2. SATURDAY MORNING RUN 8:00 AM Grove #5 in Summer, Johnson Park in Piscataway. Out and back on the Delaware-Raritan Towpath or a loop through the Rutgers campus. There are mile markers posted on the river side of the towpath.   https://www.facebook.com/groups/RVRoadRunners/ Rumson Hash House Harrier HHH  Every Saturday 10:17 different places in Monmouth County on-on  Clients, friends, attorneys please write a good review on Google  https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 You can also email comments and we can help post for you. Recommend us on Facebook   https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/ - Write a good review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison -Write a good review on Avvo https://www.avvo.com/review-your-lawyer            Attorneys who we have helped can also forward positive comments to us for our online reviews.