E622 Newsletter

E622 Newsletter Divider image 1. Ken's Wedding Groomsmen 2. Automated Process For Certain Marijuana And Hashish Cases In Accordance With The Marijuana Decriminalization Law 3. Court gives deadbeat tenants more delay time and continues to bar nonpayment evictions 4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021 5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm 6. Educational YouTube Videos 1. Ken's Wedding Groomsmen vercammen copy.gif Ken Vercammen’s wedding Anniversary The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [was NJ Governor], Steve Vercammen 2. Automated Process For Certain Marijuana And Hashish Cases In Accordance With The Marijuana Decriminalization Law The Supreme Court by the order dated July 1, 2021 provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6. l). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts potentially fall within this statutory direction. The Court's Order sets out in detail the statutory criteria for determining those cases to which the automated processes apply. Technological modifications are being made to a number of the Judiciary's case management systems to enable implementation of the automated processes for these eligible cases as expeditiously as possible. The Court's order also provides for a process for handling cases not captured by the automated processes via a motion to dismiss or vacate (depending on the status of the case) brought to the court (Superior Court or Municipal Court) that had jurisdiction over the case, or by individual expungement petition to the Superior Court. A process to address inquiries from individuals as to whether their particular case has been expunged pursuant to the provisions of the Order and to receive a certification of such expungement is currently being developed. This process for expungement inquiry and certification will be announced to the public upon completion of the automated processes set forth in the Order. Dated: July 1, 2021 ORDER SUPREME COURT OF NEW JERSEY The Marijuana Decriminalization Law, L. 2021, c. 19, codified in relevant part at N.J.S.A. 2C:35-23.l and N.J.S.A. 2C:52-6.l, provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving specified offenses as defined in that legislation. The Administrative Office of the Courts has determined that approximately 360,000 cases in the Superior Court (Criminal and Family) and the Municipal Courts potentially fall within that statutory direction. In accordance with N.J.S.A. 2C:35-23.l(a), the automated processes set forth in this Order apply only to cases involving the following specific marijuana or hashish offenses, including attempts or conspiracies to commit these specific offenses: N.J.S.A. 2C:35-5(b){l2) - Distribution of less than one ounce of marijuana or less than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(3) - Possession of more than 50 grams of marijuana or more than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(4)- Possession of50 grams or less of marijuana or 5 grams or less of hashish (disorderly persons offense). The above specific offenses are eligible for the actions directed by the new statute whether they exist in the case alone, in combination, or in combination with one or more of the offenses listed in the following paragraph, including attempts or conspiracies to commit these related offenses. The below specific offenses, including attempts or conspiracies to commit these related offenses, must be in combination with at least one of the above-listed offenses involving marijuana or hashish for the offense to be eligible for the automated processes set forth in this Order. N.J.S.A. 2C:36-2 - Possession of Drug Paraphernalia (disorderly persons offense); N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 39:4-49.1 - Operating Motor Vehicle in Possession of Controlled, Dangerous Substance (traffic offense). For administrative efficiency, those eligible cases have been grouped into the following four categories by the particular stage of the case: (1) cases that are pending adjudication; (2) cases that have been adjudicated but are pending sentencing (adult) or pending disposition Juvenile); (3) select cases after sentencing (adult) or after disposition Juvenile); and (4) other cases that have been disposed (as defined below). Accordingly, effective immediately, it is ORDERED as to those four categories of cases as follows: (l) Cases Pending Adjudication For cases in which adjudication is pending and where only the specific offense(s) remain active as of the date of this order, including cases in which the defendant is currently subject to a conditional discharge program: (a) such cases shall be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (b) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (c) any associated active warrants for failure to appear shall be rescinded; (d) any associated violations of probation or violations of pretrial monitoring shall be vacated; and (e) any associated court-ordered driver's license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver's license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission. (2) Cases That Have Been Adjudicated but are Pending Sentencing (Adult) or Disposition (Juvenile) For cases that are pending sentencing or disposition, and that have been adjudicated through entry of a guilty plea, adjudication of delinquency, guilty verdict, disposition, or admission into pretrial intervention (PTI), veterans' diversion program, or juvenile diversion program: (a) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilt shall be vacated pursuant to N.J.S.A. 2C:35-23.l(b)(l); (b) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilty shall then be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (c) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (d) any associated active warrants for failure to appear shall be rescinded; (e) any associated violations of pretrial monitoring shall be vacated; and (f) any associated court-ordered driver's license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver's license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission... 3. Court gives deadbeat tenants more delay time and continues to bar nonpayment evictions LANDLORD TENANT - INTERIM PROCESS FOR MANDATORY SETTLEMENT CONFERENCES NOTICE TO THE BAR AND PUBLIC The Supreme Court has authorized mandatory settlement conferences in residential landlord tenant matters. This interim step is effective immediately pending further Court action on the Report and Recommendations of the Judiciary Special Committee on Landlord Tenant ("Special Committee"). All vicinages will schedule mandatory settlement conferences for pending landlord tenant cases. As set forth in the Court's July 1, 2021 Order, priority will be given to the nearly 14,000 landlord tenant cases that have been pending for more than one year or in which more than 12 months of rent is claimed to be due. Residential evictions remain suspended pursuant to the Governor's Executive Order 106 as continued by legislation. The Court's authorization of mandatory settlement conferences does not affect commercial landlord tenant proceedings, which have resumed pursuant to the Court' s June 2, 2021 Order. 4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021 July 21, 2021 at 12:15-1:00 PM Program can be watched on your computer or iPhone via Facebook live https://www.facebook.com/events/733350550888872 Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 The “In office” program is limited to 9 people. Please bring a canned food donation. COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank. New Main Topics: 1. Handling Probate during Covid and while Government offices closed 2. Dangers If You Have No Will or documents invalid 3. Getting your Estate Planning Documents done when you can’t go into a law office 4. What goes into a Will 5. Power of Attorneys recommendations 6. Living Will & Advance Directive for Medical Care 7. Administering the Estate/Probate /Surrogate 8. Avoiding unnecessary expenses and saving your family money Please email us if you plan on attending or if you would like us to email the materials. SPEAKER: Kenneth Vercammen, Esq. (Author- ABA Wills and Estate Administration) 5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 New Expungement Law took effect 2020, revised again 2021 COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements. SPEAKER: Kenneth Vercammen, Esq. (Author- Criminal Law Forms by the American Bar Association) The NJ statute on expungement was revised. Nothing is automatically erased yet. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed if not expunged. Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement? To attend email VercammenLaw@Njlaws.com https://www.facebook.com/events/2310189209117175 6. Educational YouTube Videos May an officer initiate or continue a pedestrian stop of an individual based on the officer detecting the odor of Marijuana? https://www.youtube.com/watch?v=_a_87XjzQZE Mere report of black males robbing 7/11 not sufficient to stop car with black males in it State v Nyema https://www.youtube.com/watch?v=9zxLxRHGeuc NJ Marijuanna decriminalization https://www.youtube.com/watch?v=J7VjpqDpyvs 1 photo use for FB_ YT.jpg Thank you for reading and sharing our Newsletter. Friends and clients can help us by.... Helping us with a review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook: https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo: https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E609 Newsletter

 

E609 News

1. Spring Wills seminars online Zoom 2021 2. Why periodic review and changes to Wills are recommended 3. 2020 Federal Estate Tax Rates 4. Sign a new Power of Attorney- Do not use a form purchased online 5. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA) 6. Free Will Seminars and Speakers for Seniors and community groups 7. How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures [Form is at the end]

1. Spring Wills seminars online Zoom 2021

March 1, 2021 Piscataway Library Wills & Power of Attorney Seminar  at 6pm free Zoom program open to the public 732-463-1633 x6 Link for free registration: https://docs.google.com/forms/d/e/1FAIpQLScqUaEv63xNrVHFbmGHjkEoIuklLGkYqBwr0U384LzryU3e6Q/viewform more info: https://piscatawaylibrary.org https://www.facebook.com/events/971892373339898/        March 2, 2021 East Brunswick Library Wills, Probate & Estate Planning 2021 update at 7PM via Zoom 732-390-6781 Att: Melissa Hozik https://www.ebpl.org/main/polCalendarEvent.cfm?Event_Date={d%20%272021-03-02%27}&Calendar_Code=&Event_Id=96692 https://www.facebook.com/events/3695020237225185       March 9 Woodbridge Library 732-634-4450 ext.7117 This is where participants can register-- http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11154&backTo=Calendar&startDate=2021/03/01 More info https://www.facebook.com/events/271486024411893      March 15, 2021 Sayreville Public Library Will & Power of Attorney Seminar via Zoom at 6pm Registration at sayrevillelibrary.org http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=426879&PK=  Info call 732.727.0212 Sayreville Public Library "Aziza Haque (Sayreville)" ahaque@lmxac.org (732) 553-0776 More info https://www.facebook.com/events/221513036176699 April 20, 2021 South Plainfield Public Library Wills, Estate Planning & Probate Seminar at 6:00pm 908-754-7885 dgulya@southplainfield.lib.nj.us FB https://www.facebook.com/events/319319469479778

2. Why periodic review and changes to Wills are recommended

Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are: -Death or incapacity of a beneficiary, -Death, incapacity or change in residence of a named executor, trustee or guardian of infants       -Bankruptcy or pending divorce of a child or grandchild       - Substance abuse or spending problems of a beneficiary       -Significant changes in the value of your total assets or in any particular assets, which you own        -A change in your domicile       -Annual changes in tax law       - Changes in who you like and who care about you    A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware; if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.

3. 2020 Federal Estate Tax Rates

For 2020, the basic exclusion amount will go up to a new total of $11.58 million. So for you millionaires out there, you will be taxed on estates over $11.58 million. New Jersey has temporarily stopped the NJ Estate Tax. However, it is unclear if the governor’s pledge to increase taxes on the rich will be approved

4. Sign a new Power of Attorney- Do not use a form purchased online

A Power of Attorney should always contain reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11). A NJ bank or brokerage company does not have honor a Power of Attorney without the NJ language. Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected person a hard time if the address on their ID is different than the address on the POA.        A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. You usually select a spouse, child or family member. In general, an attorney-in-fact may perform any legal function or task, which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving your spouse, children or partner the power to handle your affairs if you become ill or disabled. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your spouse, family or partner cannot pay your bills or handle your assets. The result can be lengthy and expensive delays. Have a current Power of Attorney prepared. Avoid having to spend $4,000 on a lengthy guardianship.

5. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)

The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients.          Any old Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments. After you sign the Living Will in your attorney’s office, provide a copy to your doctor and family.     Powers of Attorneys and Living Wills should be updated to reference this Federal reg. A Living Will is your written expression of how you want to be treated in certain medical conditions. Depending on state law, this document may permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life. "Life-sustaining treatment" means the use of available medical machinery and techniques, such as heart-lung machines, ventilators, and other medical equipment and techniques that will sustain and possibly extend your life, but which will not by themselves cure your condition. In addition to terminal illness or injury situations, most states permit you to express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity.   Example: A. Fluids and Nutrition.  I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion (initial one, not both)   1. ______ shall be withheld or withdrawn as "Life Sustaining Treatment."                                                       2. ______ shall be provided to the extent medically appropriate even if other "Life Sustaining Treatment" is withheld or withdrawn.   B. Directive as to Medical Treatment.     I request that "Life Sustaining Treatment" be withheld or withdrawn from me in each of the following circumstances: (Initial all that apply. Most people initial 1-4, all of them)   1. ______ If the "life sustaining treatment" is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process; 2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment); 3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or 4. ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention.                         ______ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. I want to be kept alive for as long as possible.       ___ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. [This means you want to be kept alive with tubes] If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our confidential interview from and schedule a consult. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule an in-office consultation. Kenneth Vercammen & Associates Attorney at Law 2053 Woodbridge Ave Edison, NJ 08817

6. Free Will Seminars and Speakers for Seniors and community groups

The AARP Network Attorneys of the Edison/Metuchen/East Brunswick area had established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys of the Middlesex County Estate Planning Council have provided Will and Estate Planning Seminars to hundreds of seniors, library patrons, clubs, business owners and their employees, unions, and non-profit groups. These quality daytime educational programs will educate and even entertain. Libraries, senior centers, organizations and groups are invited to schedule a free Will Seminar. Please call Kenneth Vercammen Law Office at (732) 572-0500, email VercammenLaw@njlaws.com

7.  How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures [Form is at the end]

Compiled by Kenneth A. Vercammen, Esq. from various sources         We highly recommend all adults have a current Will, a Power of Attorney and a Living Will. In addition, individuals are encouraged to plan ahead and write messages to their family and executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death. The information you furnish should ease the settlement of your estate and provide for an orderly winding-up of your affairs. You need to share what you know with those who (often suddenly and without warning) must step into your shoes and carry out your final needs. More info at http://www.njlaws.com/letters_of_instruction.html

E610 Newletter

 

E610 News

1. Court here rejects protective sweep where defendant handcuffed State v Radel 2. PTI can’t be conditioned on jail time State v Chen 3. Even if the second DWI test was administered within two minutes of the first test, court finds this test reliable State v. Meyer 4. Updated Spring Wills seminars online Zoom 2021

1. Court here rejects protective sweep where defendant handcuffed State v Radel 465 N.J.Super. 65 (App. Div. 2020)

Police did not have proof they had a reasonable and articulable suspicion that there were other persons inside the home or that they posed a risk to the police or others State v Radel    Defendant moved in the trial court for the suppression of evidence – guns, ammunition, drugs, and drug paraphernalia – seized pursuant to a search warrant based on information police obtained during a warrantless entry into defendant's home. The trial judge denied the suppression motion, finding the police conducted a permissible protective sweep of the home.     The court concluded that the police lacked both a reasonable and articulable suspicion of danger and a legitimate purpose for remaining on the premises, since defendant was arrested outside the home and handcuffed before police conducted the sweep. A-2503-18T3

2. PTI can’t be conditioned on jail time State v Chen

The appeal asked the court to determine whether the Middlesex County Prosecutor's Office (Prosecutor's Office) can condition defendants' admissions into the pretrial intervention program (PTI) applications, N.J.S.A. 2C:43-12, on service of jail time after they were released on their own recognizance. In accordance with plea agreements, defendants pled guilty to amended charges of third-degree criminal mischief, N.J.S.A. 2C:17-3, and they were each sentenced to a four-year term of noncustodial probation. Pursuing rights preserved in their plea agreements, defendants sought to overturn the denials of their PTI applications with appeals to the trial judge, claiming the Prosecutor's Office abused its discretion by proposing that they serve jail time to gain admission. The trial judge rejected defendants' requests without addressing the impact of the jail time proposals.    The court reversed. The Prosecutor's Office abused its discretion by tainting the PTI application process through unsuccessfully seeking to have defendants agree to serve jail time to gain admission. Although imposing the condition of jail time for PTI admission was not expressly permitted or prohibited by the governing statute, court rule, or guidelines in effect at the time, the court conclude it was illegal to do so because vesting such authority to the Prosecutor's Office would afford it powers contrary to the Legislature's intent in creating PTI. The trial court shall therefore enter orders vacating defendants' guilty pleas and admit them into PTI. A-1121-18T4

3. Even if the second DWI test was administered within two minutes of the first test, court finds this test reliable State v. Meyer Appellate Division, unpublished.

Defendant appealed from the March 11, 2019 order of the Law Division convicting him after a trial de novo of driving while intoxicated, per N.J.S.A. 39:4-50. On June 13, 2016, defendant was involved in a three-car accident that resulted in personal injuries. An officer took two breath samples, two minutes apart, from defendant with an Alcotest machine at the station. The tests reported blood alcohol content readings above the legal limit, so defendant was charged with DWI. On June 20, 2017, defendant entered a conditional plea of guilty in the municipal court to the DWI charge.      Defendant appealed to the Law Division where the judge affirmed the conviction based upon State v. Mukherjee, an unpublished appellate decision. On appeal, the court affirmed the lower court's decision. The lower court erred in basing its decision on an unpublished appellate decision, per Rule 1:36-3. But the court affirmed the decision because the Alcotest evidence was admissible under State v. Chun, 194 N.J. 54 (2008). The record showed the machine's lockout feature was functioning properly, so even if the second test was administered within two minutes of the first test, the test results were reliable pursuant to Chun. Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. 9/21/2020 Join the NJSBA for this benefit!

4. Updated Spring Wills seminars online Zoom 2021

March 1, 2021 Piscataway Library Wills & Power of Attorney Seminar at 6pm free Zoom program open to the public Link for free registration: https://docs.google.com/forms/d/e/1FAIpQLScqUaEv63xNrVHFbmGHjkEoIuklLGkYqBwr0U384LzryU3e6Q/viewform   March 2, 2021 East Brunswick Library Wills, Probate & Estate Planning 2021 update at 7PM  https://www.ebpl.org/main/polCalendarEvent.cfm?Event_Date={d%20%272021-03-02%27}&Calendar_Code=&Event_Id=96692 https://www.facebook.com/events/3695020237225185   March 3, 2021 at 12 noon Annual Review of the Major Municipal Court Cases and new laws affecting Law Enforcement 2020-2021  Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA     To listen on Facebook Live for free https://www.facebook.com/events/1382312715448127   March 9 Woodbridge Library Estate Planning seminar 7pm http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11154&backTo=Calendar&startDate=2021/03/01 More info https://www.facebook.com/events/271486024411893   March 15, 2021 Sayreville Public Library Will & Power of Attorney Seminar via Zoom at 6pm Registration at sayrevillelibrary.org http://engagedpatrons.org/EventsExtended.cfmSiteID=1717&EventID=426879&PK=   March 23 Estate Planning General Practices , Estate Administration and the Successful Practice Middlesex County Bar Association MCBA 3pm $$ https://www.mcbalaw.com/events/EventDetails.aspxid=1485210&group=   April 12 Winning Strategies in Municipal Court seminar 5:30pm-8:30pm Zoom https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=64354255   April 13, 2021 Estate Planning for the Dysfunctional Adult Child $$ https://www.americanbar.org/eventscle/mtg/web/410451228   April 19 Metuchen Library Wills, Estate Planning & Probate Seminar at 6:30pm  https://www.facebook.com/events/879306299545975 April 20, 2021 South Plainfield Public Library Wills, Estate Planning & Probate Seminar at 6:00pm https://www.facebook.com/events/319319469479778   April 26 2021 5pm  $$ Nuts & Bolts of Elder Law & Estate Administration   April 29 West Windsor Mercer County Library System Wills, Probate & Estate Planning 2021 Update Virtual Program at 6PM GotoMeeting   May 4 North Brunswick Library Will seminar

E612 Newsletter

 

E612 1. NJ recently made Magic mushroom use or possession now only a disorderly offense, was previously a 3rd degree crime. 2. Defendant must be advised of the charges in order to uphold Miranda waiver State v Sims 3. Winning Strategies in Municipal Court seminar April 12, 2021 4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.  5. Next Free Community Wills & Estates seminars online 6. Photo Lexi dog visiting office to greet Probate clients

1. NJ recently made Magic mushroom use or possession now only a disorderly offense, was previously a 3rd degree crime.

This missed the newspaper articles on legal weed New 2C :35-10  Possession P.L. 2021, CHAPTER 9, approved February 4, 2021 Senate, No. 3256      Be It Enacted by the Senate and General Assembly of the State of New Jersey:       1.   N.J.S.2C:35-10 is amended to read as follows:     2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.     a.    It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:…… …… or      (5) Possession of one ounce or less of psilocybin is a disorderly persons offense.      2.   This act shall take effect immediately.   STATEMENT     Currently, pursuant to paragraph (1) of subsection a. of N.J.S.2C:35-10, possession of any amount of psilocybin, a Schedule I controlled dangerous substance, is a crime of the third degree. This bill would reclassify possession of psilocybin as a disorderly persons offense, punishable by up to up to six months imprisonment, a fine of up to $1,000, or both.

2. Defendant must be advised of the charges in order to uphold Miranda waiver State v Sims

In this appeal, the court determined as a matter of first impression that the Supreme Court’s holdings in State v. A.G.D., 178 N.J. 56 (2003), and State v. Vincenty, 237 N.J. 122 (2019), requiring that police inform a defendant subject to custodial interrogation of specific charges filed against him before he can waive his Miranda rights, also applies to an interrogee who was arrested and questioned prior to any charges being filed, where the arrest was based upon information developed through an earlier police investigation. The court also concluded that the trial court erred by admitting the victim’s statement to police through a police officer’s hearsay testimony at trial because defendant was deprived of a meaningful opportunity to challenge the victim’s statement through cross examination at a pretrial hearing or before the jury, where at the pretrial hearing the victim could not recall ever giving the statement to police and he later refused to appear at trial to testify before the jury In a separate opinion concurring with the result but dissenting from the majority’s extension of A.G.D. to custodial interrogations where neither a complaint-warrant nor arrest warrant have been issued, a member of the panel expressed concern that the new rule announced in the majority opinion has the potential to introduce subjectivity, ambiguity, and uncertainty to the administration of Miranda warnings.  The transcripts were corrected to reflect that defendant, in response to his pre-interrogation inquiry, was not told of any charge that supported his arrest, rather than a lie about the charge as described in the earlier opinion.

3. Winning Strategies in Municipal Court seminar April 12, 2021

April 12, 2021 Monday, 5:30pm-8:30pm Zoom Limited space for Attorneys available   Topics: Attorney General Guidelines on weed and legalization New DWI Statute Revises certain drunk driving penalties; expands use of ignition interlock devices. P.L.2019, c.248.   New expungement law 2020, admissibility of Drug Recognition Evaluation DRE evidence in a DWI under influence of a drug.  Speakers: Kenneth A. Vercammen, Esq., Author ABA Criminal Law Forms Norma Murgado Elizabeth & Woodbridge Prosecutor John Menzel, Esq. Joshua Reinitz, Esq., https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=64354255 New Jersey’s #1 guide to handling Municipal Court matters. This information-packed program is designed for attorneys who do not concentrate in municipal court law, including general practitioners seeking to expand into this practice area, and not novice attorneys looking to create a niche practice. Seasoned municipal court lawyers will also be able to brush up and enhance their skills. Hear a panel of NJ respected municipal court practitioners give insight into winning strategies for the cases you are handling. You’ll quickly be able to represent clients in a wide range of cases you may have otherwise referred to others. Gain confidence in your ability to handle municipal court law matters - make an investment in your legal career and register today! Sponsor NJICLE NJ Institute for Continuing Legal Education, a Division of the NJSBA  (732) 214-8500 CustomerService@njsba.com NJSBA Member: $136 NJSBA Section Member: $128 Municipal Court Judges ½ price Non-Member Tuition: $170  Presented in cooperation with the NJSBA Municipal Court Practice Section Seminar Includes 300 page book, which is also available for purchase after program]

4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.

The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm.        The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.          If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.               No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises, which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.          If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.          What actions must the owner of commercial property take with regard to defects / snow / ice accumulation/ dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect / snow / ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.     If you are injured, after seeking medical treatment and advising the store/mall, call KENNETH A. VERCAMMEN, ESQ. 732-572-0500 and we can discuss options   More Info At:  http://www.njlaws.com/fall_down_injuries_on_snow.htm   If you are injured, after seeking medical treatment and advising the store or mall, CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 For an Appointment.

5. Next Free Community Wills & Estates seminars online

April 19 Metuchen Library Wills, Estate Planning & Probate Seminar at 6:30pm   The program is free, but please register at:: https://forms.gle/czBf9aKFgVFoNd8i8   April 20, 2021 South Plainfield Public Library Wills, Estate Planning & Probate Seminar at 6:00pm https://docs.google.com/forms/d/e/1FAIpQLScZ-Uanapkiw57_s0KP9zDrsozNvJ8smGWrPIjyQMvH-Ea2Ng/viewform   April 29 West Windsor Mercer County Library System Wills, Probate & Estate Planning 2021 Update free program Virtual Program April 29 at 6PM GotoMeeting http://www.eventkeeper.com/mars/xpages/xp_newpopevent.cfm?zeeOrg=MCL&EventID=6615609&sw=1440  May 4 North Brunswick Library Will seminar

6. Photo Lexi dog visiting office to greet Probate clients

Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Helping us with a review on Google https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/   KENNETH 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.com