E628 Newsletter

 

E628 VercammenLaw News 1.  Police can’t audiotape prisoner phone calls without written notice State v. McQueen 2.  Miranda not complied with on 2nd interrogation State v Dorff 3.  Library free Will seminars November 9, 2021 Piscataway Public Library 4.  Nov 16 South Brunswick Library 7pm 5.  Legal seminars for attorneys: Expungement Developments October 21, 2021 6.  October 25, 2021  Handling Drug, DWI and Serious Cases in Municipal Court Seminar    1. Recent cases Police can’t audiotape prisoner phone calls without written notice State v. McQueen The right of privacy, and particularly privacy in one’s telephone conversations, is among the most valued of all rights in a civilized society. McQueen’s custodial status in the stationhouse did not strip him of all constitutional protections. Article I, Paragraph 7 broadly protects the privacy of telephone conversations in many different settings. McQueen and Allen-Brewer had a reasonable expectation of privacy in their conversation in the absence of fair notice that their conversation would be monitored or recorded. The recorded stationhouse telephone conversation was not seized pursuant to a warrant or any justifiable exigency and therefore must be suppressed. A-11-20 2. Miranda not complied with on 2nd interrogation State v Dorff In this appeal the court held that defendant's Fifth Amendment right to counsel was violated during a stationhouse interrogation, reversing the trial court order denying defendant's suppression motion. Detectives at the outset of the interrogation advised defendant of her rights under Miranda v. Arizona, 384 U.S. 436 (1966). During the interrogation, defendant made several references to her need to speak with an attorney. The court held that defendant's statement, "[that's why I feel I might need a lawyer," was sufficient to invoke her right to counsel. A detective then commented, "[w]ell, I mean that's a decision you need to make. . . . But if you didn't do anything [wrong], you certainly don't need to have [an attorney]." Defendant immediately responded that she felt she had not done anything wrong and elected to continue with the interrogation. She eventually made an inculpatory admission. The court ruled the detective's brief, spontaneous comment undercut the Miranda warnings and impermissibly burdened the Fifth Amendment right to counsel. By suggesting in effect that innocent persons do not need an attorney, the detective implied that a request to terminate the interrogation to speak with counsel would evince a consciousness of guilt, thereby discouraging the assertion of the right to counsel. The court emphasized the State bears the burden to show scrupulous compliance with Miranda, adding that there is no "good faith" exception to the Miranda rule. Rather, the court held, a Miranda violation such as the one that occurred in this case triggers the exclusionary rule whether it was intentional or inadvertent. A-2485-19) 3.Library free Will seminars November 9, 2021 Piscataway Public Library Estate Planning and Probate 2021 at 6:30pm free Zoom program open to the public Link for Registration https://piscatawaylibrary.org/joinus/ more info: https://piscatawaylibrary.org 4. Nov 16 South Brunswick Library 7pm Estate Planning and Probate at  Library, free Zoom program open to the public Please join the South Brunswick Library for a Virtual Presentation of this legal workshop.  Register below to be sent an invitation for the Zoom To register, go to https://sbpl.libnet.info/event/5531704 5. Legal seminars for attorneys: New Jersey Expungement Developments: Getting into the Weeds to Seal Client Criminal Records  October 21, 2021 Thursday, 12:00 pm until 2:00 pm  Virtual Meeting  Speakers: Kenneth Vercammen, Esq. Allan Marain, Esq. Conner Ouellette, Esq. Assistant Prosecutor - MCPO Moderator: John E. Hogan, Esq. The seminar will focus on: The NJ Courts Expungement Portal Essential Eligibility Considerations and Client Records Traditional Expungements Expedited vs. Early Pathway Expungement of Marijuana Offenses Clean Slate Case law updates, the SBI Review, and Expungement Confirmation The Expungement Effect and When Not to Expunge       Cost: $25-MCBA Members; $50-Non-Attorney Members; Free-Law Clerks  (Law School Students, Paralegals & Legal Secretaries are Free.)   ToRSVP: https://www.mcbalaw.com/events/EventDetails.aspx?id=1540891&group=   This program has been approved by the BCLE of the Supreme Court of NJ for 2 hours of total CLE credit. Of these 2 credits qualify for certification in criminal and municipal court law. The program also meets Regulation 201:2 for newly admitted attorneys. (Recognized for NY CLE Credit Contact: Jonathan Cowles jcowles@mcbalaw.com 732.828.3433, x. 102 https://www.mcbalaw.com/events/register.aspx?id=1540891&itemid=22861a62-ff61-4ded-ac24-6626a9a776c         The Middlesex County Bar Association (MCBA) is a professional association committed to serving the Middlesex County legal community and the general public. The MCBA seeks to enhance member satisfaction by providing a variety of services that stimulate professional growth and personal contacts, assist in the practice of law and provide opportunity for meaningful public service.  CONTACT 87 Bayard Street New Brunswick, NJ 08901 Tel: 732.828.3433 https://www.facebook.com/events/3053930388197482 Handling Drug, DWI and Serious Cases in Municipal Court Seminar   October 25, 2021  3pm-6:35 Virtual seminar via Zoom      Speakers:  Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge) Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown & others Kenneth A. Vercammen, Esq.,  past Municipal Court Attorney of the Year John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section  -Decriminalization of pot -New DWI penalties --New Expungement Law -Can new Dwi law apply to older dwi charges Free for law students based on space available. For lawyers  $150- $190 tuition depending on NJSBA membership   NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar  (732) 214-8500 · CustomerService@njsba.com Seminar  WMCP150721 https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=66169300 ‌ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great 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

E627 Newsletter

 

E627 VercammenLaw News 1.  Sopranos stars Vinnie Pastore “Big Pussy”, Federico Castelluccio aka Furio Giunta and Gangster Squad Band at Edison Elks  Sept 25, 2021  2.  Member of LLC can’t be charged with ordinance violation State v Ehrman 3.  Expungements 2021 4.  Library free Will seminars   1.  Sopranos star Vinnie Pastore “Big Pussy”, Federico Castelluccio aka Furio Giunta and Gangster Squad Band at Edison Elks  Sep 25, 2021 7:00 PM,   $25 per person Edison Elks 2487 375 Old Post Road Edison NJ 08817-4653 (732) 985-2487 Tickets on sale at the Lodge Open to public, fundraiser for charitable events      2. Member of LLC can’t be charged with ordinance violation State v Ehrman Defendant challenged numerous complaint-summonses issued in municipal court by the Jersey City Department of Housing, Economic Development and Commerce for municipal violations involving rental properties owned by various limited liability companies (LLCs) of which defendant was a member. In one appeal, defendant challenged an interlocutory order denying his motion to dismiss twenty-five complaint-summonses issued to him individually and granting the State's cross-motion to amend the complaints to name the LLC that was the record owner instead of him. In the other appeal, defendant challenged the order finding the LLC that was the record owner of the property guilty of violating a municipal ordinance following a trial de novo in the Law Division notwithstanding the fact that the LLC made no appearance through counsel and neither the municipal court nor the trial court inquired on the record to ascertain whether there was a knowing and voluntary waiver before proceeding with the trial. The court reversed and remanded for entry of an order of dismissal without prejudice of the twenty-five complaint-summonses because they were issued to the wrong defendant and therefore fatally defective and both the municipal court and trial court erroneously relied on a Part IV rule governing civil practice to grant the State's cross-motion to amend. The court also reversed the finding of guilt of the LLC and remanded for a new trial because the absence of an appearance through counsel or a clear waiver of such in a quasi-criminal municipal court prosecution constitutes a violation of constitutional dimension requiring reversal. (A-4144-19/A-4447-19 3. Expungements 2021        There are recent Supreme Court directives dealing with expungement. However, don’t assume the local police and local court’s will correctly expunge someone’s past marijuana charges.  Hire a real attorney with some experience to obtain a formal court Expungement Order. Details on expungement at  http://www.njlaws.com/expungement.html 4. Library free Will seminars September 27, 6 pm     West Windsor Mercer County Library Wills, Probate & Estate Planning 2021 Update Virtual Program GotoMeeting     Open to the public, you don't have to be a Mercer resident to attend. However, registration is required via www.mcl.org.    Estate administration can be very complex, and having some information before you begin can help you through the process.         Registrants will receive an email link for the GoToMeeting session 24 hours before the event. Free to Register  https://www.eventkeeper.com/code/ekform.cfm?curOrg=MCL&curID=527933&CFID=23847990&CFTOKEN=d2e86f6e2e496c70-25FFA1B9-D4AE-528A-53505CC1D245DB97 Oct. 19 Spotswood Public Library Tuesday, 11 am  WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY Free Zoom program open to the public, you do not need to be a Township resident to attend SPEAKERS: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)  and  Heather Antonuccio, Deputy Surrogate Of Middlesex County http://spotslibrary.org/calendar-2/ November 9, 2021 Piscataway Public Library Estate Planning and Probate 2021 at 6:30pm free Zoom program open to the public more info: https://piscatawaylibrary.org Nov 16 7pm South Brunswick Estate Planning and Probate at  Library Zoom  5 Running Races for Charity   Sept 25, 2021 Semper Fi Seaside 5k https://seasidesemperfive.org Saturday,  10/2 Shillelagh Belmar 5K from Bar Anticipation October 3 - Little Silver 5k      Sat 10/09/21 5k Myrtle Beach Sun 10/17/21 Shrewsbury 5k Classic 9am https://www.raceforum.com/shrewsbury-5k Oct 24, 2021 East Brunswick 12k & 5k  9am RVRR start EB Community Arts Center 721 Cranbury Rd. East Brunswick  a well-run RVRR event post-race we may go to Lori’s Lakeside on Farrington Lake, North Brunswick https://runsignup.com/Race/NJ/EastBrunswick/EastBrunswickRoadRaces ‌ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great 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

E626 Newsletter

 

E626 VercammenLaw News

1.  Edison To Hold 9/11 Memorial Ceremony On Saturday 2.  Fly the Flag on 9/11 3.  Partially Obstructed License Plate Does Not Justify Car stop State v. Roman-Rosado  4.   Sopranos star Vinnie Pastore “Big Pussy” and Killer Joe Band at Edison Elks 9/25  5.  Fall Freehold  Free concerts

1. Edison To Hold 9/11 Memorial Ceremony On Saturday

On the 20th anniversary of the Sept. 11, 2001, terrorist attacks, Edison will be holding a remembrance ceremony. The ceremony will mark a solemn time to remember community members who lost their lives on Sept. 11, 2001.  The ceremony is scheduled for Saturday, Sept. 11, at 10 a.m. at the Papaianni Park 9/11 Memorial Fountain. In case of rain, the ceremony will be moved indoors to the Council Chambers inside the Municipal Building, on the second floor. Local dignitaries, Edison Police and Fire Honor Guards, bagpipers, vocalists, clergy, and township officials, will be present for this reflective occasion. Papaianni Park is located at the end of Municipal Boulevard, which is off Route 27, Edison. For further information, the Edison Recreation Department can be reached daily at 732-248-7310 from 8 a.m. to 4:30 p.m. More info https://patch.com/new-jersey/edison-metuchen/edison-hold-9-11-memorial-ceremony-saturday https://www.facebook.com/EdisonTownshipRecreation/events Sep 11, 2021  Day:     Sat Time:   10:00 am - 11:00 am Duration:     1 Hour Detail:      Papaianni Park 9/11 Memorial Fountain      2. Fly the Flag on 9/11 Get your Flag Ready! Please join us in this FLY THE FLAG campaign and PLEASE forward this to everyone in your address book asking them to also forward it.  On September 11th, an American flag should be displayed outside every jacket, car, 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. We have extra flags in our law office reception area. If you forward this post to at least 11 people and each of those people does the same, you get the idea. 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.

3. Partially Obstructed License Plate Does Not Justify Car stop State v. Roman-Rosado

To avoid serious constitutional concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license plate be legible or identifiable. If a frame conceals or obscures a marking in a way that it cannot reasonably be identified or discerned, the driver would be in violation of the law. In practice, if a registration letter or number is not legible, the statute would apply; but if a phrase like "Garden State" is partly covered but still recognizable, there would be no violation. A-67-19 Complete covering of Garden State on plate permitted stop State v.  Carter             To avoid serious constitutional concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license plate be legible or identifiable. If a frame conceals or obscures a marking in a way that it cannot reasonably be identified or discerned, the driver would be in violation of the law. In practice, if a registration letter or number is not legible, the statute would apply; but if a phrase like "Garden State" is partly covered but still recognizable, there would be no violation. In Carter’s case, however, it is undisputed that “Garden State” was entirely covered. As a result, the plate violated the statute, and law enforcement officers had the right to stop Carter. A-66-19

4. Sopranos star Vinnie Pastore “Big Pussy” and Killer Joe Band at Edison Elks  Sep 25, 2021 at 7:00 PM,   $25 per person Edison Elks 2487 375 Old Post Road Edison NJ 08817-4653 (732) 985-2487 Tickets on sale at the Lodge Open to public, fundraiser for charitable events 6.Reminder of September Estate Planning & Probate seminars   Woodbridge Library Wills, Estate Planning & Probate Seminar September 13, 2021 at 7PM     This is a hybrid event! This event will take place in-person  at the Woodbridge Main Library. If you do not feel comfortable attending the event in-person we will also be streaming the event via Zoom.      This is where participants can register : https://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11674&backTo=Calendar&startDate=2021/09/01 Correct date September 23, 2021 at 6pm Thursday Sayreville Wills & Power of Attorney Seminar  Sayreville Public Library via zoom Open to the public. You do not need to be a resident. 732.727.0212 To register go to: http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=438393   September 27, 6 pm     West Windsor Mercer County Library Wills, Probate & Estate Planning 2021 Update Virtual Program GotoMeeting     Open to the public, you don't have to be a Mercer resident to attend. However, registration is required via www.mcl.org Registrants will receive an email link for the GoToMeeting session 24 hours before the event.    Estate administration can be very complex, and having some information before you begin can help you through the process.   Free to Register  https://www.eventkeeper.com/code/ekform.cfm?curOrg=MCL&curID=527933&CFID=23847990&CFTOKEN=d2e86f6e2e496c70-25FFA1B9-D4AE-528A-53505CC1D245DB97    Saturday, September 11, 2021 End of Summer Bash  Featuring: The Southern Rock All Stars inc Spider Daniels   1PM – 7 PM  Edison Elks Pool and Grove  Cost: $20PP for Members and Guests and friends of Ken Vercammen Hamburgers, Hotdogs ,Sausage & Peppers ,Salads, Corn on the Cob, Watermelon ,Desserts  Water/Soft drinks        *Beverages available for purchase           Pool is open! 6:02 pm Elks recognize 911 memorial by singing National Anthem     Edison Elks 2487 ‌ Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great 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