2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, September 24, 2020

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

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:

Oct 19 Metuchen Library Will & Estates via Zoom
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 

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 
 
You can also email comments and we can help post for you.
Recommend us on Facebook 
-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.
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Wednesday, September 23, 2020

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
 
Sept 22 North Brunswick Will & Estates                                                 
Free but registration requested via the link
Registration is required at 
 
October 6 Piscataway Library Will & Estates
Link for free registration:
Oct 19 Metuchen Library Will & Estates
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 
 
9/24  Edison Elks Thirsty Thursday with free outdoor band. Open to the public. You pay your food and beverage.
 
SEP 25 Drunken Clams Band at Coopers Riverview! 
 
9/26 Oktoberfest Hamilton German club 2020 Buy tickets ahead
Public · Hosted by 80's UnderCover, The Adlers Band and 3 others
 
Free Woodbridge Summer concerts at Woodbridge High School  
  9/20 Southern Steel  7pm
 
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  
 
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
 
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.
 
Monday nights Long Branch open water swim 6pm


Oct 17 Sea Girt 5k 8:30 start when you want
 
Oct 24 Sea Turtle 5k
8:30AM West Orange 
 
Clients, friends, attorneys please write a good review on Google 
You can also email comments and we can help post for you.
- Write a good review on Yelp  
-Write a good review on Avvo 
        Attorneys who we have helped can also forward positive comments to us for our online reviews.

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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
Sept 22 North Brunswick Will & Estates                                                     
Free but registration requested via the link
October 6 Piscataway Library Will & Estates
Link for free registration:
Oct 19 Metuchen Library Will & Estates
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 
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
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
SEP 25 Drunken Clams Band at Coopers Riverview! 
9/26 Oktoberfest Hamilton German club 2020
Public · Hosted by 80's UnderCover, The Adlers Band and 3 others
9/27 Phoenix Sprint Triathlon/Duathlon hosted by The Joseph Citta Scout Reservation in Barnegat NJ.
plus Monday nights Long Branch open water swim 6pm
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 
You can also email comments and we can help post for you.
Recommend us on Facebook 
-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.
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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

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.
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Tuesday, September 22, 2020

E597 1.Voluntary consent to blood and urine State v. Byer 2. EducationalYouTube videos 3. HELP WANTED Clerk for Law Office - Answer phones 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar 5. Free Woodbridge Summer concerts 6. Other outdoor of fun, inexpensive outdoor concerts & August events

E597 1.Voluntary consent to blood and urine State v. Byer 2. EducationalYouTube videos 3. HELP WANTED Clerk for Law Office - Answer phones 4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar 5. Free Woodbridge Summer concerts 6. Other outdoor of fun, inexpensive outdoor concerts & August events

E597
1. Voluntary consent to blood and urine  State v. Byer
2. EducationalYouTube videos
3. HELP WANTED Clerk for Law Office - Answer phones
4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar 
5. Free Woodbridge Summer concerts
6. Other outdoor of fun, inexpensive outdoor concerts & August events
 
1. Recent case Voluntary consent to blood and urine in this case  State v. Byer unreported
        Defendant appealed from a decision that denied her motion to suppress her statements to the police, as well as urine and blood draw evidence, following a fatal car crash. While in the hospital following the crash, defendant orally acknowledged and then signed a card that confirmed that the police officer had recited her Miranda rights. 
Defendant also signed a consent form for a blood and urine draw, which the officer had also read to her. Two hours later, after learning that the other driver had died, another police officer recorded an interview with defendant but did not advise her of her Miranda rights. 
Defendant was then allowed to leave the hospital and was not arrested or charged until the toxicology reports were returned. The trial judge found that defendant had not been in custody while she was in the hospital and was free to leave. 
            The trial judge noted that even if she was in custody at the hospital, defendant knowingly and voluntarily waived her rights. The trial judge explained that the circumstances did not warrant that defendant be re-Mirandized by the second officer because there were no intervening events that would have diluted the effectiveness of the waiver.   
The Appellate court affirmed and found that defendant's arguments on appeal were without sufficient merit to warrant discussion. The court's review of the record demonstrated no basis to second-guess the trial judge's detailed findings of facts and conclusions of law that defendant was not in police custody, had been properly advised of her rights and waived those rights, and voluntarily consented to the blood and urine draw. A-4161-17T4
Source https://www.law.com/njlawjournal/almID/1567649304NJA416117T/
2. This month's EducationalYouTube videos. To help educate the public, we record short, informal YouTube videos and call them our LawTube. 
Living Will and Being Prepared .mov
https://www.youtube.com/watch?v=-3ChTBTJgjw
GUARDIANSHIPS FOR MINORS.mov
https://www.youtube.com/watch?v=TSkXFDEzQ-c
How do you  transfer Stocks, Bonds, and other Securities.mov
https://www.youtube.com/watch?v=XQP41kzTX6U
How do you transfer Motor Vehicles in a probate case? .mov
https://www.youtube.com/watch?v=pn01UnY_uhE
What do we need to TRANSFER OF ASSETS.in a probate case.mov
https://www.youtube.com/watch?v=lRtAd6JJCpY
Which assets do not pass under the Will in probate?.mov
https://www.youtube.com/watch?v=rKwdCphHAwQ
HOW IS MY ESTATE DISTRIBUTED WITHOUT A WILL?.mov
https://www.youtube.com/watch?v=ip5oDA2cqDs
WHAT IF I DIE WITHOUT A WILL?.mov
https://www.youtube.com/watch?v=jiNvosCx4Wo

 

3. HELP WANTED Clerk for Law Office - 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
-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.
4. 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 (Elizabeth), Chief Prosecutor (Woodbridge)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown
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 
https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=57770239
5. 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.)
Aug. 18: Frontiers (Journey tribute)
Aug. 25: Broken Arrow (Neil Young tribute) [not going]
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. 9: DeadGrass (bluegrass Grateful Dead tribute)
Aug. 16: Southern Steel
Aug. 23: The "The Band" Band (Bob Dylan tribute)
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. 10: Shadows of the '60s
Aug. 17: Stan Zizka's Del Satins
Aug. 24: The Cameos
Aug. 31: The Infernos
Sept. 14: The Happenings featuring Bob Miranda
6. Other outdoor of fun, inexpensive outdoor concerts & August events
August 7 Beatles Tribute SOMETHING NEW Bar Anticipation The bar requires tickets or tables reserved ahead of time. Say hello to Ken V for his birthday.
Monday nights Long Branch open water swim 6pm

 

Monday nights Mon 6 PM · Asbury Park Springwood Park,
Hosted by Asbury Park Music Foundation
https://www.facebook.com/pg/asburyparkmusiclives/events/?ref=page_internal
Aug 11 Dead Bank Donavan's Reef Sea Bright beach
August 16 Long Branch 1-Mile Ocean Swim (formerly Ray Licata Memorial Swim) - - Meet at Pier Village, 8 AM Start
Aug 18 Dead Reckoning Donavan's Reef Sea Bright beach
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
 or 
Aug 21 Asbury Fever Keansburg
https://www.facebook.com/events/294682015274290/
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
AUG 26 Motor City Revue, Brick Township Recreation at Traders Cove
https://www.facebook.com/events/657150368376401/
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 RUN Wednesday 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.
RVRR 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.
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Wednesday, September 16, 2020

E596 1. Can a Will be filed with the Surrogate prior to death? No 2. Post Will instructions & thank you to past clients 3. Clients, friends, attorneys please write a good review on Google 4. Our excellent Summer 2020 Law Clerk team photo! 5. Drunk driver statements and arrest proper where wife let police into house


E596  1. Can a Will be filed with the Surrogate prior to death? No

2. Post Will instructions & thank you to past clients

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

4. Our excellent Summer 2020 Law Clerk team photo!

5. Drunk driver statements and arrest proper where wife let police into house 

 

E596  1. Can a Will be filed with the Surrogate prior to death? No

      Wills are not filed prior to death with the NJ Surrogate prior to death. The original Will is typically held by the person signing the Will, or given by the person to their Executor 1. There is no free public access depository for Wills in NJ, NY or PA.

 

     A Will cannot be accepted for probate by the County Surrogate until after death Under New Jersey law, the executor must wait 10 full days after a death to probate a will.

         An Executor may submit the application prior to expiration of the 10-day period. The Surrogate then must sit on the papers until the end of ten days. If the Will is filed after the 10-day waiting period, many Courts will issue a judgment for probate the same day with the filing of the probate papers.

 

NJSA 3B:3-22.  Time for probate of Will;  preliminary filing     

No will shall be admitted to probate until after 10 days from the death of the testator;  but the complaint and other papers in any action for the probate of a will may be filed, and the depositions of the witnesses thereto and the  qualification of the executor or administrator with the will annexed may be taken at any time subsequent to the death of the testator and before the will  is admitted to probate .

         NJ Rule 4:80-1 c) Filing. The application for the probate of a will or for letters of administration shall be filed with the Surrogate's Court of the county in which the decedent was domiciled at death, or if at that time the decedent was not domiciled in this State, then with the Surrogate's Court of any county in which the decedent left any property or into which any property belonging to the decedent's estate may have come. 

A scanned Will cannot be admitted to probate by the Surrogate.

 

2. Post Will instructions & thank you to past clients

                                                  

      I thank over 4,000 people we have helped out or prepared Wills since I opened my office. At the end of every case we send our Post Will or end of case instructions. This is a helpful reminder:

                                                              

         "Thank you again for allowing my office to be of service to you.  I am writing this letter to you in order to give you and all my clients several important reminders regarding your Will and things related to it. Please be sure, therefore, to keep this letter with your copy of your Will.

         If prior clients misplaced their post will letter, this is a handy reference:

 

         We have given you the Original signed Will to take home.  Only the original Will can be admitted to probate by the Surrogate. Please advise your Executors where the original Will is going to be stored. 

       After documents are signed, for record keeping, it is a good idea to scan and email scanned copies of your documents to family, Executors, Trustee, Guardian and children if appropriate. Also email the Living Will to doctors.

if the documents were not signed in the law office we recommend you email documents signed to the attorney who drafted the documents. Many people are signing on weekends or evening at the UPS store with their own witnesses.  

         Additionally, please provide your Executor with our law office's name and instruct your Executor to contact us prior to going to the Surrogate's Office or probating a Will. Provide a copy of your Power of Attorney to your Accountant and Financial Advisor. 

         If you have a Living Will, please be sure to give a copy to your Doctor and family. You may also wish to obtain copies of your life insurance beneficiary designation, IRA/ 401k/ SEP designation forms and include in your Will folder. Some clients also prepare a list of online passwords for accounts and digital assets.

         If you ever want to discuss your Will with me, I will be happy to do this with you at any time after scheduling an appointment.

         recommend that you review your Will periodically in order to keep it up-to date regarding changes in your family, your property, your wishes, and the law.  I suggest that approximately five (5) years from signing the Will, you contact my office and schedule an appointment again so that we can review your estate planning.

         Please do not let this periodic review program prevent you from considering the making of a change in your Will at any earlier date. Changes should be made whenever you believe such changes are necessary. A person's family, property, addresses and wishes may change over the years and for these and other reasons you should re-examine your will from time to time in order to make sure that it will carry out your present wishes.

         Never write on your original Will or making any marks because this can lead to a Will contest and the Surrogate may not accept the marked up Will. If you want to make a change in your Will, please contact my office.      

         You should prepare a Post Will Letter of Instruction to your Executor and family. We provided a free form at www.njlaws.com/letters_of_instruction.htm

         In the event that a death occurs in your family, may I suggest that you contact my office immediately in order to determine what, if anything, must be done in order to settle that person's estate. I also suggest that you instruct your Executor and the members of your family to contact my office immediately, in the event of your death, in order to determine what, if anything, must be done to settle your estate. 

          We look forward to helping you, your family and friends in the future. If you have any suggestions for the improvement of my Will and estate planning services, please let me know what they are.. 

         We welcome additional business and accept referrals for:

         1) Personal Injury- Car Accidents                                 

         2) Probate/ Administration of Estates

         3) Wills, Power of Attorney, Living Wills and Estate Planning

         4) Municipal Court, Traffic Tickets and DWI & Criminal cases

         5) Injuries caused by Fall downs

         6) Civil Litigation for cases over $15,000.

 

         Please pass my office's phone number to your family and friends who do not have a current Will or Power of Attorney.  Our Confidential Will Questionnaire for other clients is online at www.njlaws.com/will_Questionnaire.html

 

3. 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.

         

    To improve our service to clients, ask clients to fill out the Client Questionnaire that is forwarded to us.

http://www.njlaws.com/client_questionnaire.php?id=104

 

      If you, friends and co-workers need an attorney, please contact us immediately. We shall do our best to justify your recommendation. As a free additional service to you we will hold your file in storage for seven years. All confidential papers will be destroyed after that time. 

 

4. Our excellent Summer 2020 Law Clerk team photo!



 

Xenovia Bartholomew    Northeastern Law                                                       

Anthony Raccuia Tulane Law

Gregory Youssef  Rutgers Law Newark

& Kenneth Vercammen

     back row Patrick J Foy Seton Hall Law

Alexander Romero St. Joseph's University

Reyadh Nagi Hofstra Law

 

5. Drunk driver statements and arrest proper where wife let police into house  State v. Kearstan N.J. Super. App. Div. unreported

      Defendant appealed his DWI conviction. Defendant arrived at the marital home with damage to his car and a missing mirror. His wife called 911, reported he was in the basement, had an alcohol issue and was intoxicated. Officer went to the house to conduct a welfare check, wife invited officer into the house and officer saw defendant staggering, having difficulty pulling up his pants and smelling of alcohol. Officer noted defendant needed assistance to simply stand up. Officer and defendant went outside to talk away from the children and officer noticed defendant's bloodshot eyes and slurred speech. Defendant admitted to having several drinks. Officer administered field sobriety tests, arrested defendant and a blood draw showed a BAC of 0.29 percent.     

      Defendant moved to suppress the blood alcohol test and his incriminating statements. Trial court denied the suppression motion, finding wife invited officer into the home, the warrantless entry was justified under the community-caretaker and emergency-aid doctrines and the questioning was similar to a preliminary roadside drunk driving investigation. 

     Defendant argued removing him from his home was improper and his inculpatory statements were obtained in violation of the Fourth Amendment. The Appellate Court agreed with trial court that officer lawfully entered the house at wife's invitation and defendant's incriminating responses were the result of a proper investigatory interrogation.

Source https://www.law.com/njlawjournal/almID/1569032182NJA586717T/

 

 6. Final reminder

July 29, 2020 Seminar Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 4:50pm-5:25  

   Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

New  Expungement Law took effect 2020

To attend email VercammenLaw@Njlaws.com

https://www.facebook.com/events/714526569340533

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