E636 Newsletter

 

E636 VercammenLaw News 1. A Will cannot change who receives assets if a beneficiary is already listed or property owned by Tenancy by Entirety or Joint tenancy. 2. OPRA permits disclosure of dog owners name and address 3. Defendant statement can be used for bias charge 4. Sons of the American Legion Post 435 will be holding its annual Tricky Tray on Saturday April 2, 2022, Need donations 5. Warning- Don’t accept Facebook friend requests until you confirm the profile is real.   6. Estate Planning for Nontraditional Clients and Their Families ABA webinar recording for Attorneys 7. Last Central Jersey St. Patrick parades    1   A Will cannot change who receives assets if a beneficiary is already listed or property owned by Tenancy by Entirety or Joint tenancy. Assets which pass by Title, not Will: House- husband and wife is owned by Tenancy by Entirety, the house goes to surviving spouse Bank Accounts- If POD, JT property goes to surviving person     Assets which pass by Contract: IRA- property goes to whoever is listed as beneficiary 401K- property goes to whoever is listed as beneficiary Life insurance - property goes to whoever is listed as beneficiary Annuity- property goes to whoever is listed as beneficiary Pension plans- property goes to whoever is listed as beneficiary -other items which set forth a beneficiary        We advise clients preparing a Will to please also remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary.  If you have selected direct beneficiaries on any of your assets these pass outside your Will, including POD accounts or joint accounts.        A Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate 2. Recent cases: OPRA permits disclosure of dog owners name and address Bozzi v.  Jersey City  Dog owner’s personal information in the dog licensing record not exempt from disclosure under the Open Public Records Act (OPRA) (A-12-20) 3 Defendant statement can be used for bias charge State v Powell The court denied defendant’s motion to dismiss the indictment, in which he was charged with bias intimidation, among other crimes, pursuant to N.J.S.A. 2C:16-1(a)(2). Defendant admitted to sending messages via MeetMe.com to the victim threatening to harm her biracial daughter, in which he referred to the child as a "mutt" and "mongrel" and referred to the victim as a "spic loving whore." Defendant asserted that the grand jury was not presented with any evidence demonstrating that defendant directed the threats at the victim and her daughter based on racial motivation. The messages were in reference to the daughter’s race and not the victim’s who was the recipient of the threats. The State argued that the grand jury was presented with testimony that defendant stated he disliked interracial relationships and children of those relationships. The court denied defendant’s motion, holding that, by defendant’s own admission, the threats were motivated by the victim’s identity as a white female who engaged in a biracial relationship with a Hispanic male and bore a biracial daughter. Additionally, the court reasoned that the victim’s biracial daughter was also a foreseeable third-party victim of the threats even though she was not the recipient. As the standard for upholding an indictment weighs heavily in favor of the State, here defendant’s admissions satisfied the requisite evidence needed to demonstrate racial motivation for N.J.S.A. 2C:16-1(a)(2). (19-10-02086) 4. Sons of the American Legion Post 435 will be holding its annual Tricky Tray on Saturday April 2, 2022, Need donations American Legion Post 435  Father & Son SAL Dear Business Owner/Donations Department: The Sons of the American Legion Post 435 will be holding its annual Tricky Tray on Saturday April 2, 2022 at 6:00 PM. The proceeds from this event are used for various events and functions for our veterans throughout the year, without it our veterans would miss out on the benefits of many wonderful events. A request of an item, service, or monetary donation would be greatly appreciated to support our cause. The Sons of the American Legion is a non-profit organization, so your donation is tax deductible. (Form ST-5 available) All donations will receive an acknowledgement in our event flyer as well as mentioned at our event.        Please forward your donation to: American Legion Post 435 Tax id # 226-098-799 Att: SAL 43 Oakland Ave Edison, NJ 08817          If you have any questions, do not hesitate to contact Dan Kline Squadron Commander Post 435 SAL  directly at 732-735-9607 or email at Danklsr@yahoo.com The SAL’s and our Veterans thank-you in advance for your consideration in supporting our Tricky Tray endeavor.  Entry fee will be $15.00 and include 1 $10.00 free ticket sheet. Drinks and food available for nominal cost. Sincerely, Dan Kline Squadron Commander Post 435 SAL danklsr@yahoo.com 732-735-9607 5. Warning- Don’t accept Facebook friend requests until you confirm the profile is real   Some Russian criminals are setting up phony Facebook profiles for Ken Vercammen and others so don’t accept a phony Facebook friend request from Kenneth Vercammen for a Facebook profile that is created in 2022 Real page: https://www.facebook.com/kenneth.vercammen           Suggested response: Hello, I received a Facebook connection request Where did you first meet Me?            We typically are now only connecting with friends, clients of Ken Vercammen, attorneys or professionals we have met before or we know or members of same clubs, to avoid spammers and confirm it is not a fraudulent account. 6. Estate Planning for Nontraditional Clients and Their Families ABA webinar recording for Attorneys Listen to recording, FREE FOR ABA MEMBERS  https://www.americanbar.org/events-cle/ecd/ondemand/420035469/ Join our esteemed panel as they discuss the ramifications of not preparing a Will, types of Power of Attorneys, and the benefits of a Living Will. $130 NON-MEMBERS   Speakers Joan Burda Kenneth Vercammen In the absence of a marriage, Will or other legal arrangement to distribute property at death, your partner does not receive your assets and cannot administer your estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than straight persons. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades. Have a Power of Attorney prepared. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your partner cannot pay your bills or access your assets.    Product Code  GP2202EPNOLC Sponsor ABA Solo, Small Firm and General Practice Division   7. Final Central Jersey St. Patrick parades 2022     Mar 17 NYC St Patrick parade  11am https://www.nycstpatricksparade.org    Mar 19, 2022      Keyport 1pm    https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/ March 19, 2022  Highlands St Patrick parade  2pm after Keyport parade then go to Inlet Café    https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml    then go to Inlet Café    https://www.facebook.com/events/187707896854574 Mar 20, 2022 So Amboy St. Patrick's Parade  2pm                http://www.southamboyparade.com/ 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

E635 Newsletter

E635 VercammenLaw News 1.  Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions  2.  Penalties if arrested at St. Patrick’s Parades 3.  New Refusal statute not retroactive to arrests prior to 12/1/19 State v Scudieri, also applied to DWI prior to effective date 4.  Central Jersey St. Patrick parades & events 2022 for those who can behave… 1.  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 2. Penalties if arrested at St. Patrick’s Parades     Over 100 police and law enforcement will be out at parades to arrest persons for drunk & disorderly matters. 2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he: (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2)Negligently causes bodily injury to another with a deadly weapon; or (3)Attempts by physical menace to put another in fear of imminent serious bodily injury. •     Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.        Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court  Jail 2C: 43- 8      jail  6-month maximum max                          probation 1-2 year                                                              community service  180 days maximum                          mandatory costs, VCCB and other penalties Disorderly- fines:     2C: 43- 3     $1,000 Fine  maximum           There are dozens of other penalties a court can impose, depending on the type of matter.    Resisting Arrest It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest. Typically, a crime of the fourth degree. •     Indictable Crime Penalties    [Felony type]  [ Superior Court] •        Jail  potential          Fine max                 Probation •     1st degree             10- 20 years       $200,000 [presumption of jail] •       2nd degree          5-10 years   $150,000 [presumption of jail] •    3rd degree            3- 5 years    $15,000   1 year- 5 year •     4th degree             0- 18 months       $10,000   1 year- 5 year Hindering Apprehension or Prosecution (2C:29-3) A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation. •     Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense. Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1)   Engages in fighting or threatening, or in violent or tumultuous behavior; or (2)   Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor. b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. “Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. ·      Petty Disorderly person - 30 days jail   maximum Petty DP $500 max Fine, VCCB and other penalties Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal.  Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition (2C: 35-10) It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog [other than weed]. •     Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense. Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, Probation, drug testing and other penalties. If attorney’s Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.          2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty Jail 2C: 43- 8          potential jail  6 month maximum               probation 1-2 year max                                                                community service  180 days maximum                                   Disorderly- fines:    $500- $1,000 Fine  maximum  under 2C: 43- 3          plus mandatory costs, VCCO and other penalties        33:1-81 Underage drinking and Misrepresenting age to induce sale or delivery to minor fine 500-1,000 court costs and other penalties If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available. 3. New Refusal statute not retroactive to arrests prior to 12/1/19 State v Scudieri, also applied to DWI prior to effective date   In this appeal, the court held that the Legislature intended prospective application of the amended refusal statute, N.J.S.A. 39:4-50.4a. That intent was manifested by the Legislature's express statement that the amended legislation—which imposed on all defendants convicted of refusal the less onerous penalty of installing an interlock device rather than forfeiting his or her license as mandated by the former statute—would become effective on December 1, 2019, over four months after it was signed into law, and apply only to those defendants who committed an offense on or after that date. That unequivocal legislation pronouncement militates against retroactive application even for defendants who were sentenced after December 1, 2019.            In such circumstances, courts need not consider the common law exceptions to the presumption of prospective application as discussed in Gibbons v. Gibbons, 86 N.J. 515 (1981) and James v. New Jersey Manufacturers Ins. Co., 216 N.J. 552 (2014), nor the timing of the penalty incurred under the general savings statute, N.J.S.A. 1:1–15. The Legislature's determination that interlock devices serve as a greater deterrent than license forfeiture supports the conclusion that the amended legislation was neither ameliorative nor curative, in any event. (A-0352-20) 4.  Central Jersey St. Patrick parades & events 2022 for those who can behave  Mar 4   Emerald Society fundraiser Police bagpipes New Brunswick Elks- 6pm Mar 5  Mt. Holly St Patrick parade & 5k Sat race 11am, parade 1pm        https://mounthollyparade.com Mar 6  Belmar St. Patrick Parade   Sun 1pm Mar 17 NYC St Patrick parade  11am https://www.nycstpatricksparade.org    Mar 19, 2022      Keyport 1pm    https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/ March 19, 2022  Highlands St Patrick parade 2pm after Keyport parade then go to Inlet Café    https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml    then go to Inlet Café    https://www.facebook.com/events/187707896854574/?acontext=%7B%22event_action_history%22%3A[%7B%22surface%22%3A%22page%22%7D]%7D Mar 20, 2022 So Amboy St. Patrick's Parade 2pm                http://www.southamboyparade.com/ 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