Newsletter NJ Laws by Kenneth Vercammen, Esq.: E696 VercammenLaw News

E696 VercammenLaw News

1. Supreme Court now permits DWI plea bargains effective February 23, 2024

2. Ten Common Mistakes in Special Needs Planning

3 Welcome back Mike McDonald to our office

4 Information on the Knights of Columbus

5. If Arrested at a St. Patrick’s Parade

6. Photo Monmouth County Commissioner Director Arnone

1 Supreme Court DWI plea bargain are allowed per new DWI statute effective February 23, 2024

NJ Supreme Court officially removed Guideline 4 which had prohibited plea bargaining of DWIs in the Municipal Court. The Court order is expressed as comity with the Legislature's view in the recent DWI statute amendments. This changes 40 plus years on prohibition on DWI plea bargains. The Supreme Court recognized the new plea-bargaining statute which became effective on February 19, 2024. L.2023, c. 191, §§ 2, 9.

DWIs can possibly be plea bargained as long as there's a factual basis.

Accordingly, in the interest of comity, the Court adopts the

statement of policy in the amendment to N.J.S.A. 39:4-50 and withdraws Guideline 4.

2. Ten Common Mistakes in Special Needs

By Thomas D. Begley, Jr., Esquire, CELA

1. Failure to Start with a Life Care Plan.

A life care plan can be designed by a professional, a parent, or another family member with the assistance of professionals. The life care plan should begin by identifying the future needs of the child with a disability and establishing a standard of living that the parent wants for the child with a disability. The cost of the standard of living should then be established. This would include a discussion of immediate cash needs such as a home, a vehicle, repayment of debt, clothing and shoes, a computer, a cell phone, etc. A monthly budget should then be established, including shelter, transportation, and personal needs. How will all of these needs be met financially? The child with a disability may be receiving some benefits that can pay some expenses, and some can be paid for by accessing the trust. Assuming the trust can pay 3.3% per year for annual maintenance of the child with a disability, how much will be required to fund the trust? Does the parent have sufficient assets? If not, will whole life insurance be required?

2. Leaving Assets Directly to Your Child with a Disability.

Many parents have a will leaving assets outright to their children, including their child with a disability. This mistake renders the child with a disability ineligible for means-tested public benefits, including Supplemental Security Income (SSI) and Medicaid. Best practice dictates that the parents leave the assets to the child with a disability in a special needs trust to maintain the child’s public benefits.

3. Dividing Assets Equally Among All Children.

The instinct of parents is to divide their assets equally among their children on death. Parents love their children equally and want to treat them fairly. The problem is that if there is a child with a disability who is unable to work and support themself, that child will have greater needs. Best practice dictates determining what the child with a disability may need and carving that out first, then dividing any remaining assets among the healthy children who can support themselves. This often requires the purchase of whole life insurance.

4. Failure to Access Public Benefits.

Many parents who have a child with a disability apply for SSI for their child with a disability before the child attains age 18 and are rejected because their household income and assets are too high. The parents do not realize that after age 18 the income and assets of the parents are no longer deemed to the child with a disability, and another application should be made to qualify the child for SSI. In some states, an individual receiving SSI automatically receives Medicaid. Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), Federally Assisted Housing, and many other state programs may also be available.

5. Failure to Maximize Public Benefits.

Parents often fail to maximize public benefits available to a child with a disability. Parents commonly provide food and shelter for their child with a disability, which will cause the child to receive a one-third reduction in their SSI payment. The one-third reduction in the SSI payment for 2024 amounts to $313.33 per month. By executing a lease with the child with a disability and receiving payment from the child’s SSI payment for food and shelter, the SSI payment can be maximized. Parents often overlook other public benefits that may be available, including those set forth previously in the paragraph titled Public Benefits. These should be explored, and eligibility for these public benefits should be considered.

6. Failure to Obtain a Living Will and Power of Attorney for a Child with a Disability.

Often a guardianship in the future can be avoided, assuming the child with a disability has capacity, by having the child execute a medical power of attorney and financial power of attorney appointing parents or other family members as health care representative for purposes of making medical decisions or as agent under a power of attorney to make financial decisions.

7. Obtaining Guardianship When Guardianship is Not Necessary.

In many instances, once a child with a disability is age 18 and has limited ability to make decisions, the child may be able to make decisions with the support of a person such as a parent, family member, friend, or organization. An alternative to an unnecessary guardianship would be a supported decision-making agreement.

8. Failure to Obtain Guardianship.

Many parents fail to obtain guardianship for their child with a disability upon the child attaining age 18 when that child is incapacitated and unable to make decisions. Without a guardianship or authority under a medical or financial power of attorney, the parent has no legal authority to make medical or financial decisions on behalf of the child. Parents could be appointed guardians of the person or guardians of the property.

9. Relying on Other Family Members to Take Care of the Child with a Disability.

Other family members, particularly siblings, are often ready, willing, and able to assist with providing care for a person with a disability. However, when the time comes to provide that assistance, problems often arise. Frequently, there is an understanding that the child with a disability will live with a sibling. Sometimes this works; often, it does not. Occasionally, the sibling’s spouse strenuously objects, and sometimes the sibling realizes this undertaking would be enormous. Often, a sibling is willing to offer limited assistance, such as working with a disability organization or trustee, to ensure that the life care plan developed for the child with a disability is implemented correctly. In most cases, this is a realistic target.

10. Waiting.

Many clients wait too long to plan. The longer a client waits to plan, the less likely it will be that sufficient assets will be set aside to provide the necessary standard of living for the child with a disability.

From Begley Law Group. begleylawgroup.com

Tom Begley Jr., Esq., a distinguished author and speaker in New Jersey. Tom’s website has a wealth of information and forms on Medicaid, Special needs planning, and guardianship. Ken Vercammen has been fortunate to serve as a speaker with Mr. Begley for the NJ State Bar Association numerous times.

Begley Law Group, P.C. has served the Southern New Jersey and Philadelphia area as a life-planning firm for over 85 years. Our attorneys have expertise in the areas of personal injury settlement consulting, special needs planning, Medicaid planning, estate planning, estate & trust administration, guardianship, and estate & trust litigation.

This newsletter is not intended as a substitute for legal counsel. While every precaution has been taken to make this newsletter accurate, we assume no responsibility for errors or omissions, or for damages resulting from the use of the information in this newsletter.

More info at https://www.specialneedsalliance.org/the-voice/ten-common-mistakes-in-special-needs-planning/

3 Welcome back Mike McDonald to our office

Also Welcome Dayona Gilbert, future Law student at CUNY

Best wishes to Andrei Pilipetskii JD, who is leaving to finish Masters in Elder Law. Thank you for years of hard work. Also best wishes to Chris Ayala who is now pursuing Masters in Computer Science via GI Bill.

4 Information on the Knights of Columbus

When Ken Vercammen attended the University of Scranton, he was invited and joined the Knights of Columbus.

Membership in the Knights of Columbus is open to men 18 years of age or older who are practical (that is, practicing) Catholics in union with the Holy See. Candidates join local units, called "councils," most of which are based in one Catholic parish, or in the community at large. The candidate takes part in initiation degrees that explain the Knights of Columbus´ four principles: Charity, Unity, Fraternity and Patriotism.

https://njkofc.com/join-us#:~:text=Membership%20in%20the%20Knights%20of,of%20the%20Knights%20of%20Columbus.

A candidate is considered a "Knight" after taking his First Degree, but he is encouraged to advance through the Second and Third Degrees and on to the Fourth Degree, whose members promote the virtue of patriotism by serving in honor guards, color corps and promoting respect for country and the flag.

Knights of Columbus have a proud heritage. The qualified Catholic man can share in this heritage and build for an even greater future by affiliating himself with this forceful, effective fraternal organization.

Ken is now a member of Knights of Columbus, Council #5611Spring Lake.

Grand Knight Kevin Fay advises If a Catholic gentleman who is between the ages of 18 and 110 wishes to join the Knights of Columbus, Please let him know! : kevintfay@verizon.net; (732) 681-4128. We would love for them to join us!

The Knights of Columbus are a Catholic , Fraternal Organization, that serve their Priests and Parishes, throughout the U.SA.

They perform various works of charity, throughout the year.

Membership is free for the first year, and open to Catholic men, 18 years old, and older. The Knights of Columbus have a proud heritage. Catholic men can share in this heritage, and build for an even greater future, by affiliating himself with this wonderful, Fraternal organization.

Grand Knight Kevin recommends that you join Knights of Columbus, Council #5611. Put Council # “5611” as the Council you wish to join. Grand Knight Kevin Fay will easily transfer you to your local Council. Kevin invites you to his home, to view the 26 minute video: “ Exemplification of Charity, Unity and Fraternity”, and have free pizza. As soon as you view the video, you become a full-fledged Knight of Columbus, and receive your 1st, 2nd and 3rd Degrees. Kevin Faye will be happy to answer any questions!

Ken Vercammen is a 3^rd degree and 4^th degree member. Previously a member of Edison Pope Pius Council.

5 Arrested at a St. Patrick’s Parade ?

Penalties if arrested

Over 100 police and law enforcement will be out at parades to charges persons for drunk & disorderly matters.

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.

More info at https://www.blogger.com/blog/post/edit/6420448491658025618/2354841753249276313

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.

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. Often a crime of the fourth degree.

Indictable Crime Penalties [Felony type] [ Superior Court]

• Jail potential Fine max Probation

• 1^st degree 10- 20 years $200,000 [presumption of jail]

• 2^nd degree 5-10 years $150,000 [presumption of jail]

• 3^rd degree 3- 5 years $15,000 1 year- 5 year

• 4^th 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 of illegal drugs (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.

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.

Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face high fines, jail, Probation and other penalties. Don’t give up! Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.

CONCLUSION

St Patrick Parades Ken V is attending 2024

March 2 Mt. Holly St Patrick parade & 5k Sat race11am, parade 1pm

https://mounthollyparade.com

March 3 Belmar St. Patrick Parade Sun 1pm

https://www.belmarparade.com

Ken V will be marching with Friendly Sons of the Shillelagh FSOS Belmar

March 9 Ocean County/Seaside Heights Parade

Saturday @ Noon

https://www.ocstpatricksdayparade.com/?fbclid=IwAR252DOjzcMeM-CcYTHKgJQHea5QWtJuX69wpguYLPLLekSWtKJacOlEWaY

March 10 Asbury Park, NJ St. Patrick Parade [bring flask of Irish Coffee w Jamison] @ 1:00 PM Sunday,

http://asburyparkstpatricksparade.com

Ken V will be marching with Friendly Sons of the Shillelagh FSOS Belmar

6. Photo Monmouth County Commissioner Director Arnone

Monmouth County Commissioner Director Arnone congratulates Headliner 5k Pound the Pavement Commissioner age group winners Ford, Vercammen Galizio. Spring races listed at http://vercammensport.blogspot.com