Newsletter NJ Laws by Kenneth Vercammen, Esq.: E663 VercammenLaw News

E663 VercammenLaw News

1. Beware the Internet in Hiring Your Attorney

Recent cases

2. Interlock issues post plea are to be resolved by court, not MVC State

3. Defense attorney could not waive defendant attendance at suppression motion

4. Court rejected FRO noted that plaintiff's decision to come back into the marital home after obtaining a TRO while defendant was inside indicated that she was not in fear of future violence

5. Congratulations to Edison Elks Officers 2023-2024

1. Beware the Internet in Hiring Your Attorney

A County Bar Association article recently mentioned the Certified Attorney Program in NJ. Years ago, the New Jersey Supreme Court determined that it is in the interest of the public to have attorneys in various legal disciplines be certified. According to the Court, the certification program is an effort both to protect consumers from false advertising and to raise the level of competence of attorneys in our State. Only after undergo \ing a vigorous vetting process that includes a clean ethics record, judicial and peer review, requisite years and experience in the field of practice, the acquisition of continuing legal education credits over and above those required to practice law, and passage of a written exam are attorneys certified in New Jersey. Over time, certification has evolved into a kind of gold standard and a resource the public can rely upon in a world where social media and the internet can transmit all types of misinformation and spurious claims regarding attorney qualification. source https://cdn.ymaws.com/www.mcbalaw.com/resource/resmgr/newsletters/Apr2023.pdf

Kenneth Vercammen passed the tests is an experienced Supreme Court Certified Attorney. You should hire a Certified Municipal Court Law Attorney such as Kenneth Vercammen to represent you if you are serious about contesting serious Municipal Court or traffic charges. Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney. When interviewing attorney, Ask the attorney if they have actually had trials in the past year or just plead people guilty. Kenneth Vercammen in his career has handled both Criminal and Civil Jury trials.

When your job and future is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free phone consultation if someone needs experienced legal representation in a traffic/municipal court or criminal matters.

Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters.

Kenneth Vercammen, Certified Criminal Trial Attorney

Past NJSBA “Municipal Court Attorney of the Year”

Former Prosecutor of Cranbury Municipal Court and

co-Author of: ABA "Handling Drug and DWI Cases."

Celebrating 35+ years of providing excellent service to clients since 1985. We fight to win!

For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm

KENNETH VERCAMMEN, ESQ

Certified Municipal Court Law Attorney by the Supreme Court of NJ

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

2. Interlock issues post plea are to be resolved by court, not MVC State v. Coviello

The sentencing court, and not the MVC, has the appropriate jurisdiction over defendant’s motion for sentencing credit concerning the IID requirement. Editor: This should also apply to IDRC issues.

3. Defense attorney could not waive defendant attendance at suppression motion. Suppression reversed where defendant not present at Motion State v. Hogges unreported A-1666-19

Defendant appealed his judgment of conviction arising from a motor vehicle accident that resulted in serious bodily injury, and from his aggregate sentence of 23 years imprisonment. While intoxicated, defendant ran a red light and crashed into another vehicle. After the crash, defendant exited his vehicle, walked past the other vehicle without rendering assistance to the seriously injured driver, and left the scene. A passing motorist reported the accident to police, who soon after found defendant walking away from the scene of the crash with a limp. Officers found defendant bleeding, agitated, and unresponsive to police commands. When defendant failed to comply with the officer's order to get to the ground, the officer resorted to yelling and profanity to get defendant to comply. The officer's body camera footage also recorded the officer asking defendant "what happened?" Defendant replied that the other driver had run the red light. The officer also expressly told defendant that he was under arrest for DWI, smelling the odor of alcohol from defendant but unable to perform field sobriety tests due to his injury.

While being transported to the hospital, another officer asked defendant if he had been drinking, to which defendant responded "no." Defendant also admitted that he was at a restaurant "having a good time" prior to the crash. At the hospital, defendant refused to submit to blood alcohol testing.

Prior to trial, defendant moved to suppress his statements to the officers, arguing that he was in custody from the time he was ordered to the ground and that the officers failed to advise him of his Miranda rights. The trial court denied the motion. On appeal, the court reversed the denial of defendant's suppression motion and vacated his conviction. The court noted that defendant was not present at the motion hearing, and held that defense counsel did not clearly have authority to waive defendant's right to be present. Daily Briefing December 02, 2022.

4. Court rejected FRO noted that plaintiff's decision to come back into the marital home after obtaining a TRO while defendant was inside indicated that she was not in fear of future violence M.A.D. v. B.L.D. unreported A-0122-21

Plaintiff appealed the denial of a FRO against defendant, plaintiff's ex-husband.

Plaintiff appealed the denial of a FRO against defendant, plaintiff's ex-husband. When the parties' marriage began to deteriorate in 2015, they began litigating in the family part, with plaintiff obtaining three TROs against defendant. Plaintiff dismissed each TRO within days. She also filed for divorce in 2015 but voluntarily withdrew the complaint. Defendant filed his own divorce complaint in 2017, leading to the parties' divorce in 2018. The parties were awarded joint custody of their un-emancipated children, with plaintiff being named the parent of primary residence and defendant being awarded parenting time.

Plaintiff later obtained another TRO, leading to the entry of a consent order with civil restraints, which allowed plaintiff to relocate to Florida with the parties' children. Defendant moved back into the marital residence, which had not yet been sold. Plaintiff later decided to return to New Jersey and began living in the marital residence with defendant, based on an agreement that defendant would move out in about six months. Defendant was unable to leave due to the COVID-19 pandemic, causing the parties' relationship to further deteriorate. The parties cross-filed domestic violence complaints, each alleging that the other assaulted them.

At trial, defendant admitted to using vulgar language towards plaintiff but denied making any harmful physical contact. Plaintiff further alleged that defendant committed acts in violation of the TRO she obtained against him. The trial court denied both parties' requests for FROs, finding that the predicate acts alleged by both parties merely amounted to "domestic contretemps." The trial court further found plaintiff not credible and determined that the video evidence showed plaintiff engaging in a pattern of trying to prod defendant into angry or violent behavior. The trial court also noted that plaintiff's decision to come back into the marital home after obtaining a TRO while defendant was inside indicated that she was not in fear of future violence. On appeal, the court affirmed, declining to disturb the trial court's credibility determinations Unreported Daily briefing.

5. Congratulations to Edison Elks Officers 2023-2024

Reasons to join the Elks clubs

The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country’s youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.

I have enjoyed my Community Elks membership in the Edison Elks for 25 years.

ELKS - MY TOP FUN EVENTS

BY Kenneth Vercammen

1. Wildwood Convention

2. Steak Night

3. St. Patty’s Corned Beef Dinner

4. Thirsty Thursdays with band

5. Officers Installation & Dinner

6. Outdoor summer patio

7. Friendship at hundreds of clubs on the USA

8. Swim Club opening for Elks Edison Pool

9. Family Pool Day

10. Beef & Brew

11. Family Pool Night

15. Ladies Auxiliary Christmas Party

Edison Elks Lodge #2487

375 Old Post Road

Edison NJ 08817-4653

(732) 985-2487

near ShopRite and Edison HS.

Contact the Elks or Ken for membership info

Other Edison Elk events

Irish night

Super Bowl social quarters open and Sunday football games

Poker Run to benefit Marine’s Toys for Tots with outdoor band and food

Italian night with D’Jay

Flag Day ceremony

End of Summer outdoor party with band

Lodge breakfasts

New Years Eve party

Motorcycle Club events

Scholarships for High school students

Other nearby lodges have clambake, steak nights, bands, dances and a good time. As a member you have friends across the country at hundreds of Elk Lodges, from Cocoa Beach Florida to Hawaii, St. Augustine.