2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, March 18, 2020

E580

E580

1. Valentine's Day February 14. Thomas Begley Esq. wrote: For Valentine's Day, we remind you to protect your loved ones by planning for the future. Estate and financial planning will ensure that your health care and financial goals are met if you should become incapacitated or after you pass away.  It will provide peace of mind to you and your family.    
   
    Regardless of your net worth, if you are over eighteen, it's important to have a basic estate plan in place. A basic estate plan should include a Will, a Power of Attorney, and an advance directive  (Living Will with health care proxy). To learn more about estate planning, please read  www.njlaws.com/wills.html.
 
2. No more stop for minor license plate holder partially obstructing Garden State
State v Roman- Rosado A-3703-17T4
    Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).

    In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.

  Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.

     For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.

    Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).

3. New book: Defending DWI and Drug Possession (2020) Bound book List Price: $59.00 USD for NJ State Bar's new book
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 ·
4. Next events
Mar 4, 2020 Review of the Major Municipal Court Cases Open to Retired and Active law Enforcement and Fire  at 12 noon   Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
 
March 4 Piscataway Expungement Seminar  7pm Piscataway Library https://www.facebook.com/events/163803638384261
  Speakers Allan Marain Esq. and Kenneth Vercammen Esq.  Mr. Marain notes on his exceptional website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?
  Expungement (or expunction) in New Jersey is the isolation of a criminal record. The actual record is not literally "erased." Expungement do, however, erase many civil disabilities that convictions bring. Thus citizens whose criminal record has been expunged again become eligible to vote. They qualify for jury service and do not even have to mention they were ever arrested, or charged with an offense. Statutory firearms disqualifications are removed. And expunged records become generally not available from government sources. So in that sense, these records are erased from the sight of people doing public records searches through the courts, through the police, and even through the FBI. 
Learn more about clearing your records.

March 10 North Brunswick Public Library Seminar: Remove & Expungement of Criminal Arrests and Convictions 
-Free Seminar    at 7pm-8pm
North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902

March 11, 2020 East Brunswick Library Wills & Probate 7pm
 
March 19 the Criminal Law Section of NJ State Bar Association is having  Interlock companies each talk about their products at 5:30 before the 6pm Criminal Law section meeting of NJ Bar.
  Four companies invited. Each will talk for 5-6 minutes.
Questions to follow.
Interlock portion ends at 6pm.
Non members of Criminal Law Section of NJ State Bar Association may attend this informal non credit CLE
New Jersey State Bar Association
One Constitution Square | New Brunswick, NJ 08901
  For information on joining the Criminal Law Section of NJ State Bar Association, go to https://tcms.njsba.com
 
     All programs a free and open to public except Retired Police
 
2020 St Patrick Parades & events
Mar 1  Belmar St. Patrick Parade   Sun 1pm
Mar 6  Emerald Society Police bagpipes New Brunswick Elks- 6pm
Mar 7  Mt. Holly St Patrick parade & 5k Sat
Mar 8  Woodbridge - St. Patrick's   Parade
Mar 13 Newark St. Patrick Parade   1pm
Mar 14 Union St. Patrick Parade   1pm
Mar 15 Freehold St. Patrick's parade 12 noon  after 5 mile race
Mar 15 So Amboy St. Patrick's  Parade 2pm  http://www.southamboyparade.com/
Mar 17 NYC St Patrick parade
Mar 21  Highlands St Patrick Parade  2pm park near Central, then go to Inlet Cafe
 
   5.  Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen       
  If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com I share these events so that even non-runners can walk or volunteer. All events help an area charity or non-profit. We encourage Americans to get off the couch and exercise to encourage fitness and good health.
Mar 7   Saturday Mt Holly St Patrick's Parade 5K run 11am
 
March 15   St. Paddy's 5 mile    10:30 Freehold Great FARC event Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.  farcnj.com
 
April 4  Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   & 5k Wakefern Shoprite Corporate Team Past Champion  jsrc.org  8:30
 
April 25  Lake Como 5k Sat 10am        Start Bar A  Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
 
April 26  Tour de Franklin, Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century or      40 Mile    now Starts at Franklin High School  
http://www.franklinfoodbank.org/events
__________________________________________________________________________

Wednesday, March 11, 2020

E581 1. Court claims parked car with engine running is operation. Attorney seeks Supreme Court reversal 2. Expungement seminars Reminder-Remove criminal charges 3. Learn at Ken Vercammen Spring Seminars 4. Spring Fun Running Races

E581
1. Court claims parked car with engine running is operation. Attorney seeks Supreme Court reversal
2. Expungement seminars Reminder-Remove criminal charges  
3. Learn at Ken Vercammen Spring Seminars
4. Spring Fun Running Races
Congratulations Office Manager Mike McDonald and Tonianne on the birth of baby #2
Welcome our Winter-Spring 2020 Law Clerks
Christopher Russo                        Rutgers University
Arti Sunder                                   Drew University
Steve Arciniega Castro                 New Jersey Institute of Technology
Mikala Valosin                             Rutgers University
Derrick Moore                              Fort Hays State University
Puja Mahendru                             Rutgers University
Samantha Morgan- Ricketts         Monroe College NY
       We partner with Rutgers, NJIT and other Universities for the college student mentor-internship program.http://www.njlaws.com/intern.html
1. Court claims parked car with engine running is operation. Attorney seeks Supreme Court reversal.  State v. Thompson Docket A-1909-19T6 
    In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).
     Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion.
     Source 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!
       Ken Vercammen was featured speaker in the American Bar Association ABA January Podcast
- Estate Planning and the Successful Practice GPSolo's podcast program. Listen online   
GPSolo Podcast Wills & Estate is posted
     Kenneth Vercammen was published in New Jersey Police Chief Magazine January 2020
  Top Criminal and Traffic Cases in NJ Municipal Courts 2019 page 28
    Kenneth Vercammen was published in ABA GP Solo Magazine
February 2020
Transitioning from Criminal Law to Estate Planning
2. Expungement seminars Reminder-Remove criminal charges  If someone has a criminal charge, get it expunged /removed now before it appears on the internet everywhere. More information on what an attorney can do at:
March 4 Piscataway Expungement Seminar 7pm Piscataway Library https://www.facebook.com/events/163803638384261
  Speakers Allan Marain Esq. and Kenneth Vercammen Esq. Mr. Marain notes on his exceptional website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?
   Expungement (or expunction) in New Jersey is the isolation of a criminal record. The actual record is not literally "erased." Expungement do, however, erase many civil disabilities that convictions bring. Thus citizens whose criminal record has been expunged again become eligible to vote. They qualify for jury service and do not even have to mention they were ever arrested, or charged with an offense. Statutory firearms disqualifications are removed. And expunged records become generally not available from government sources. So in that sense, these records are erased from the sight of people doing public records searches through the courts, through the police, and even through the FBI.  

Learn more about clearing your records.
March 10 North Brunswick Public Library Seminar: Remove & Expungement of Criminal Arrests and Convictions -Free Seminar    at 7pm-8pm
North Brunswick Public Library
880 Hermann Rd.
North Brunswick, NJ 08902
    3. Learn at Ken Vercammen Spring Seminars. We have our busiest schedule of seminars and speaking events this Spring. In 2019 I ran 60 charity races. For 2020 I am speaking at 60 community and non-profit events.
 2020. All are free and open to public unless noted
Mar 4 Review of the Major Municipal Court Cases affecting Law Enforcement 2019-2020 12 noon South Amboy AOH police only
March 11, 2020 East Brunswick Library Wills & Probate 7pm
March 19 the Criminal Law Section of NJ State Bar Association is having several DWI  Ignition Interlock Device companies each talk about their products at 5:30 before the 6pm Criminal Law section meeting of NJ Bar.
  Four companies invited. Each will talk for 5-6 minutes.
Questions to follow.
Interlock portion ends at 6pm.
Non-members of Criminal Law Section of NJ State Bar Association may attend this informal non-credit CLE
New Jersey State Bar Association
One Constitution Square | New Brunswick, NJ 08901
  For information on joining the Criminal Law Section of NJ State Bar Association, go to https://tcms.njsba.com
Apr 14  Edison Wills Edison Main Library at 7:00 PM  https://www.facebook.com/events/441124216549593
April 15 Sayreville Wills, Estate Planning & Probate Seminar 6:30pm
April 16 South Plainfield Library Wills 6:30
April 20 Winning Strategies in Municipal Court NJ Bar $$
Apr 22 Milltown Senior Center Wills & Power of Attorney Seminar 1pm
April  22 Piscataway Library Wills & Power of Attorney Seminar at 7:00 PM
April 27 Clara Barton Library Will seminar 6pm   [middle Edison]
May 4 Nuts & Bolts of Elder Law & Estate Administration NJ Bar $$
May 5, 2020 Fords Library Wills seminar at 6:30 PM 
May 12 Metuchen Library Wills, Estate Planning & Probate Seminar 6:30
May 18 Woodbridge Library Wills, Estates & Probate Seminar at 7:00 PM
May 27 Monroe Senior Center Wills at 10:30 [Registered Monroe Seniors only]
June 10 Jamesburg Seniors Will Seminar 1pm
2020 St Patrick Parades & events
Mar 1  Belmar St. Patrick Parade   Sun 1pm
Mar 6  Emerald Society Police bagpipes New Brunswick Elks- 6pm
Mar 7  Mt. Holly St Patrick parade & 5k Sat race11am, parade 1pm
Mar 8  Woodbridge  St. Patrick's  Parade
       http://www.amerirish.com/id4.html   1:30
Mar 13 Newark St. Patrick Parade   1pm
Mar 14 Union St. Patrick Parade   1pm
Mar 15 Freehold St. Patrick's parade 12 noon  after 5-mile race
Mar 15 So Amboy St. Patrick's Parade 2pm     
Mar 17 NYC St Patrick parade
Mar 21 Highlands St Patrick Parade 2pm park near Central, then go to Inlet Cafe
4.  Spring Fun Running Races participated by Kenneth Vercammen
March 7   Saturday Mt Holly St Patrick's Parade 5K run 11am https://runsignup.com/Race/NJ/MountHolly/MtHollyStPatricksParade5K?remMeAttempt=
March 15  St. Paddy's 5 mile    10:30 Freehold     great FARC event Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.  farcnj.com
April 4     Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   & 5k Wakefern Shoprite Corporate Team Past Champion  jsrc.org  8:30
April 25    Lake Como 5k Sat 10am        Start Bar A  Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
April 26    Tour de Franklin,Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century or 40 Mile Starts at Franklin High School http://www.franklinfoodbank.org/events
May 9     Step Up for the Arc 5k   Sat 9:00am Oak Ridge Park in Clark
Wakefern Shoprite team event
May 17   NJ Sharing Network 5k Long Branch 8:30 Sunday
Wakefern Shoprite team event
May 22    "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, Loud Scott, Legendettes, maybe even Daniel-son
May 23  Spring Lake Five Mile  Run    Saturday    8:30am then free food at Bar A. 
May 24  Navesink 1.2 mile swim   8:15 AM
May 25  North Brunswick Memorial Day 5k  8:30am North Brunswick Community Park Route 130 South


VercammenappoinKENNETH  VERCAMMEN  ATTORNEY AT LAW 
2053 Woodbridge Ave. Edison, NJ 08817      732-572-0500

NJ LAWS LEGAL WEBSITE: www.njlaws.com
     Our websites feature over 500 articles on New Jersey legal matters we handle:
1- Personal Injury, accidents and Civil Litigation   www.NJPersonalinjuryLawCenter.com
2- Criminal    www.BeNotGuilty.com
3- Traffic and DWI      www.BeNotGuilty.com
4- Wills, Probate and Estate Administration     www.CentralJerseyElderLaw.comtments@njlaws.com