E733 VercammenLaw News

E733 VercammenLaw News   1 Have a Power of Attorney prepared for your college children and children traveling out of state 2 Recent cases Automobile search exception for Police did not apply to backpack 3 Although defendant was under the influence of medication, his confession waiver was voluntary 4 Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge. 5 August 8, 2025-  Happy Hour at Headliner Club in Neptune 6 Updated free outdoor music Woodbridge and Jersey Shore 1 Have a Power of Attorney prepared for your college children and children traveling out of state  There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult “child”. A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs. Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.      Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child’s behalf, if necessary.      While you may never need to use these documents, it is better to be safe than sorry!   " POWER OF ATTORNEY POA QUESTIONNAIRE"        This is for a Power of Attorney only and not a new Will.             We also use this Interview form if you want a Living Will. Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.        Please be sure to check all appropriate boxes. If "NONE", please state "NONE".   If "NOT APPLICABLE", please state "N/A". PLEASE PRINT CLEARLY  1. Your Full Name [person who is signing the Power of Attorney] First  Last __________________________  2. IF MARRIED OR SEPARATED, complete (a) and (b) below: (a) Spouse's Full Name: [none, write none] First  Last __________________________ 3.  Address: ___________________________                  Street Address: City State   Zip Code                  4. Telephone Numbers:                    Cell: _______________________________                                                                                           Other phone ________________________ 5. E-mail address: _____________________________  6. Referred By: ______________________        If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, which search engine?  What search terms did you use? 7. Today's Date ____________________ How can we help you? What are your questions/other important information? _____________________________________________ _____________________ [It is required that you speak directly with the attorney to avoid conflicts of interest]       Your Marital Status:           [  ] Single       [  ]  Married         [  ]  Separated [  ] Divorced   [  ]  Widowed    Personal representative for Power of Attorney        The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Personal Representative, followed by the child who lives closest to your home.         Please provide the following information about the person you wish to name to serve in this capacity. 1. PRIMARY Choice of Personal Representative for Power of Attorney: Name: First  Last _________________________ Relationship: _______________  Address: ______________ 2. SECOND Choice of Personal Representative:        This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve. Name: First  Last _________________________ Relationship: _______________   Address: __________________        The two proposed of Personal Representatives must be typed prior to speaking with the attorney. We do not ever recommend Joint Personal Representatives, which often cause conflicts and additional work. It is best to select one primary person, then a secondary person.                 To comply with NJ Ethics opinions, We must speak with the person prior to preparing the documents. If you request the attorney to travel outside the office, the attorney charges an additional $600 out of office travel fee.  The Law Office building has four steps in the front so please advise us if you need accommodation ahead of time. 2 Recent cases Automobile search exception for Police did not apply to backpack State v Bryant   Defendant was charged with the illegal possession of a firearm and other offenses. He appeals the denial of his motion to suppress a gun that police found after opening his companion's backpack without a search warrant.     Two police officers encountered the companion on the street after she and defendant got out of a parked car that had been described in a Be-On-the-Lookout (BOLO) report of a recent shooting. After defendant fled the scene, the police handcuffed the companion and put her in the back seat of a police car. The police then secured her belongings, including her backpack, in the front seat of the squad car. She told the police she thought defendant had put a weapon in her backpack at an earlier time. The police immediately opened the backpack without seeking a warrant.     The prosecution solely invoked the automobile and the exigent circumstances exceptions to the warrant requirement and did not rely on consent-to-search nor other exceptions.     In reversing the suppression denial, the court holds: (1) defendant had standing to challenge the backpack search; (2) the automobile exception to the constitutional warrant requirement does not apply because the backpack was not the fruit of the automobile search; and (3) the State failed to demonstrate exigent circumstances to justify the immediate necessity to open the backpack, which was secured in a police car and not accessible to the either the handcuffed companion or defendant. STATE OF NEW JERSEY VS. JAKIL J. BRYANT (22-05-429, 22-05-430, AND 22-08-769, MIDDLESEX COUNTY AND STATEWIDE) (REDACTED)A-2084-23  3 Although defendant was under the influence of medication, his confession waiver was voluntary State v. Beard  Defendant challenged trial court's denial of his motion to suppress statements made to law enforcement. After the denial, defendant pled guilty to second-degree endangering the welfare of a child but preserved his right to appeal pretrial motions. Law enforcement discovered child pornography on the internet and executed a search warrant at a residence linked to the IP address. Defendant and others were detained, read their Miranda rights and defendant immediately experienced a medical emergency requiring transport to a hospital where he was given a sedative before he was "interrogated."        Detective testified "defendant 'blurt[ed] out'" "but I deleted that sh[*]" while at the hospital when told child pornography was found on the computer found at the residence and that he would be charged. Trial court found detective was credible and the Miranda warnings were effectively administered. Court found detective merely informed defendant of his charges, did not attempt to elicit any incriminating information and defendant's statements were spontaneous and not the result of any interrogation. Although defendant was under the influence of medication, his waiver was voluntary. Unreported  Source: Daily Briefing - 04-11-25     The Daily Briefing is an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJ State Bar Association for this and other benefits, plus join the NJSBA Municipal Court Section.  4 Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge. State v. Dunton   Defendant appealed a conviction for driving while intoxicated following a trial de novo. Patrolman responded to a report of a disabled vehicle, where he found defendant in a parked car with signs of intoxication, including slurred speech and bloodshot eyes. Defendant failed field sobriety tests and was charged after a blood alcohol concentration test showed a level of 0.10. Defendant challenged the reasonable suspicion for the stop, proof of vehicle operation, probable cause for arrest, and the sufficiency of evidence for intoxication. The trial court found the state met its burden of proof beyond a reasonable doubt, relying on both observational evidence and BAC results, and sentenced defendant to fines, a license suspension, and the installation of an ignition interlock device.        On appeal, the court affirmed the conviction, agreeing with the trial court's factual findings. The court held that the patrolman lawfully approached defendant's vehicle under the community caretaking exception as the vehicle, which was reported disabled, was parked across several spaces with its hazard lights on, justifying the patrolman's decision to offer assistance.          The court also held that defendant's statements to the patrolman established his intent to operate a motor vehicle. However, it remanded the case for resentencing, as the trial court incorrectly applied a version of the statute requiring an ignition interlock device that was not in effect at the time of the offense. The court found no merit in defendant's other contentions and upheld the trial court's decision in all other respects. Unreported  source Daily Briefing - 04-08-25 5 You are invited August 8, 2025-  Happy Hour at Headliner Club in Neptune & Networking Social   Friday at 6pm.    All recipients of the Vercammen email newsletter are invited               Co-sponsored by several Bar Associations, several Professional organizations, Chambers of Commerce & Civic groups.  https://www.facebook.com/events/1446488932728022 Free to attend!         Outdoor music. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank. Ken Vercammen will buy a drink for all registered ahead.    Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2nd floor view of the Shark River.   Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.    RSVP please email VercammenLaw@Njlaws.com Must be over 21. 2025 Bands and Summer concerts and outdoor events that Ken Vercammen may attend rev 7/15/25 July 18th Joe Baracatta, The Headliner Oasis Team 1401 Route 35 Neptune NJ 732.775.6200 www.headlineroasis.com Woodbridge HS [Bring canned food to Woodbridge]  Tribute Tuesdays 7:30 at Woodbridge High School Concert Field July 29: Starman (David Bowie tribute) Aug. 19: Best of the Eagles Woodbridge HS Aug. 26: The Launch (Boston/Styx tribute) or [Steve Miller & Rascals PNC] More at https://www.njarts.net/free-events/ Long Branch Thursdays by the Sea 7pm at Pier Village, Ocean Avenue July 17: Mushmouth Aug. 7: Pat Roddy Band [Ken V birthday biking 66 miles in the morning] Aug. 21: Joe Baracata Band More at https://www.njarts.net/free-events/  Monday Pier Village 7/21 — Chicks That Rocked the 80s | 7PM | Carousel Stage 7/28 — Splintered Sunlight | Grateful Dead Tribute | 7PM | Carousel Stage 8/4 — Damn The Torpedoes | Tom Petty Tribute | 7PM | Carousel Stage 8/11 — Jillian Rhys McCoy | Classic Rock Tribute | 7PM | Carousel Stage 8/18 — Starman | David Bowie Tribute | 7PM | Carousel Stage All Pier village events https://www.facebook.com/events/1419495122518097/1419495152518094 Sunday Bands near the Beach Long Branch at West End Park and Brighton Avenue Aug. 3: Jersey Dirt Aug. 24: The VooDudes More at https://www.njarts.net/free-events/ Bands on the Sand Long Branch 7pm on West End Beach, at West End Avenue Aug. 10: So Watt Freehold Thursday 7pm Rock! Summer Concert Series at Hall of Records  Aug. 14: Van Halen Tribute Band More at https://www.downtownfreehold.com/thursdays-rock-summer-concert-series Freehold Fall Concert Series at Hall of Records Wednesday 7pm Sept. 17: Smokin’ Jackets Sept. 24: Ready or Yacht Oct. 8: Almost Santana, Santana tribute More at https://www.njarts.net/free-events/ https://www.downtownfreehold.com/calendar Bradley Beach Saturday Night Concert Series at Riley Park 6pm 7/19 E Boro Bradley 7/26  Moroccan Sheepherders 6 The Verdict band Bradley Seaside Heights Thurs 7:30 Tribute Band Series, Grant Avenue Beach July 24: Dirty Deeds, AC/DC tribute July 31: Splintered Sunlight, Grateful Dead tribute https://www.njarts.net/free-events/ Seastreak Highlands 7/26 at 7pm Guns 4 Hire https://sandbox.seastreak.com Belmar Friday Night Concerts  6pm Pyanoe Plaza 9th and Main Street Friday, July 25 Jo and the Highland Express Friday, August 1 Little X Little Friday, August 22 The Black Ties https://www.vacationinbelmar.com/post/belmar-nj-friday-night-concerts-summer-2025-schedule Belmar Library  E Boro 8/26 6pm 9/18 Pat Roddy Belmar Library https://belmarlibrary.org/services/summer-concert-program/ Donovan’s Reef Tuesday night Dead bands 6pm [Sea Bright] 8/5 Dead Reckoning 8/12 Dead Bank https://www.donovansreefbeachbar.com/calendar

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E734 VercammenLaw News

 

E734 VercammenLaw News   1 Jersey Shore Happy Hour August 8, 2025 2 Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge 3 Common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth State v. Valerio-Guzman,    4 New Business Clients Through BarterSaves Membership 5 AUGUST 1 Jerry Garcia Day 1 August 8, 2025-  Jersey Shore Happy Hour at Headliner Club in Neptune Final reminder 8/8/25 Friday at 6pm.    All recipients of the Vercammen email newsletter are invited            Co-sponsored by Vercammen Law. We especially thank friends & attorneys that have referred cases to us. Ken Vercammen will buy a drink for all pre-registered. Also co-sponsored by Monmouth Bar Association, Mercer Bar Association, NJ Defense Association, Lakewood Chamber of Commerce, Middlesex- Monmouth Retired Police & Fire Local 9, Edison Elks, Knights of Columbus K of C 5611 Spring Lake, Bartersaves Business Barter group several Professional organizations,   & Civic groups.  Free to attend!        Co-sponsored by several Bar Associations, several Professional organizations, Chambers of Commerce & Civic groups.  https://www.facebook.com/events/1446488932728022 Free to attend!         Outdoor music. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank.    Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2nd floor view of the Shark River.   Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.    RSVP please email VercammenLaw@Njlaws.com Must be over 21. 2 Recent cases Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge. State v. Dunton   Defendant appealed a conviction for driving while intoxicated following a trial de novo. Patrolman responded to a report of a disabled vehicle, where he found defendant in a parked car with signs of intoxication, including slurred speech and bloodshot eyes. Defendant failed field sobriety tests and was charged after a blood alcohol concentration test showed a level of 0.10. Defendant challenged the reasonable suspicion for the stop, proof of vehicle operation, probable cause for arrest, and the sufficiency of evidence for intoxication. The trial court found the state met its burden of proof beyond a reasonable doubt, relying on both observational evidence and BAC results, and sentenced defendant to fines, a license suspension, and the installation of an ignition interlock device.        On appeal, the court affirmed the conviction, agreeing with the trial court's factual findings. The court held that the patrolman lawfully approached defendant's vehicle under the community caretaking exception as the vehicle, which was reported disabled, was parked across several spaces with its hazard lights on, justifying the patrolman's decision to offer assistance.          The court also held that defendant's statements to the patrolman established his intent to operate a motor vehicle. However, it remanded the case for resentencing, as the trial court incorrectly applied a version of the statute requiring an ignition interlock device that was not in effect at the time of the offense. The court found no merit in defendant's other contentions and upheld the trial court's decision in all other respects. Unreported  source Daily Briefing - 04-08-25 3 Common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth State v. Valerio-Guzman    Defendant appealed the denial of his motion to suppress a handgun seized from the foyer of his apartment building. Officer responded to a shooting incident and found two females bleeding in the outside courtyard of an apartment building. A witness identified defendant as the shooter, and officer observed defendant sitting on the front steps of a building with an open door. Officers arrested defendant and saw a handgun in the building foyer through the open door. Trial court found the handgun was in plain view, officer was lawfully present and denied defendant's motion to suppress the gun. Defendant pled guilty to aggravated manslaughter, attempted murder and weapons offenses. Defendant argued the handgun was unlawfully seized without a warrant since there were no exceptions justified the warrantless search and seizure. Defendant argued the foyer was part of his home and required a warrant for the seizure. Court affirmed, finding defendant's arrest in the courtyard gave officer the lawful opportunity to make the immediate observation of the handgun in the foyer through the open exterior door. Officer's conduct was reasonable and objective and he was not required to "close his eyes to suspicious evidence in plain view" when it was immediately apparent that the handgun was evidence related to the shooting. Court also noted that in New Jersey, it is well-established that a common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth Amendment and the parallel provision of the New Jersey Constitution. Unreported Daily Briefing - 04-21-25    The Daily Briefing is an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJ State Bar Association for this and other benefits, plus join the NJSBA Municipal Court Section.  4 New Business Clients Through BarterSaves Membership  BY KENNETH A. VERCAMMEN, Esq.          My office received many new cases since 2000 by becoming active in professional Barter organizations especially BarterSaves previously Barter Depot.  We recommend other service providers and businesses join a barter group.  The Barter group refers us business clients and we negotiate legal fees directly with the potential clients. After performing legal work, we earn "Barter dollars" in lieu of actual cash payments. We then use our Barter dollars for different services. We hired a moving company to move to our  house. The moving company also helped us when we moved our office in 2003. Other services we received through Barter groups included facials for my wife and sport massage for me while I was training for the marathon. In 2013 we used our barter dollars to print our newsletters, business cards, envelopes and brochures through Itex, we went to dinner at the Cocoa Beach Pier, ordered American Flag pins to give out at Memorial Day, and running bags to give out at the Annual January Running event I am in charge. We use the limo company to drop us off at the airport. Over the years we have much of our printing done, such as T-Shirts "My attorney fights to win" Can Coozies Water Bottles Stadium Cups Band-Aid holders, pens  BARTERING is an association of professional business owners who buy and sell their goods or services with trade drafts. Trade drafts are similar to checks you now use to do your cash banking.  Members trade in and out of the Barter bank acquiring new customers, and buying the things they need most...  ALL ON BARTER.  Barter also helps your cash flow by spending trade dollars instead of cash dollars. You must pay Federal income tax and state income tax on all fees charged. However, it is a source of new clients.          All businesses, which provide services, should join a barter group.           As indicated by Joe Prince founder of Barter Depot now BarterSaves, if every businessperson truly understood the countless values of bartering, the billion-dollar explosion in America would be even bigger than it already is. It is thus imperative to further explain this wonderful business tool. Webster's Dictionary defines barter: " To trade (e.g., goods) without the exchange of money." Think of the inner workings of barter as follows:   Suppose you're a dentist and join a barter group. You want to have some work done on your office, specifically painting and carpentry. The Barter groups' memberships includes painters and carpenters, so they refer a painter and carpenter to you, and you get them to do the job.  They complete the work to your satisfaction and instead of paying them cash, they do the job on barter, in Iieu of cash or check, the painter and carpenter receive payment in full for their work through trade dollars. These trade dollars are equal to the amount of money they charged for their work. In our example, if the painter charged the dentist $500 for his work, then the painter would receive $500 in trade dollars from the barter group. He could spend that money with anyone else in the barter group. For instance, the painter might need a new brochure made so he uses his dollars to get a brochure done. If the amount for the brochure is less than $500 then he retains more trade dollars, if it exceeds $500 he is minus trade dollars.  Bartering is a valuable tool for business and pleasure. The trade dollars accumulated for your work can be used for either. It's like having a cash-less credit card available to purchase almost anything one would need, as The Barter Depot has hundreds of members in a diverse cross-section of business and services that are eager to trade products and services on barter. Simply put, barter combines the use of smart business people that remain faithful to one another.          From an economic standpoint, barter serves many important needs of these smart business people. Here are a few of them.          1) Barter brings new business to your business (Increasing cash flow, while saving you cash);          2) Barter is a great tool to cut any business's overhead by at least         10 percent:          3) Barter markets your business ( or services ) to new businesses;          4) Barter can move excess inventory              (without having to have a big sale at reduced profits).  As a businessperson, to get the most for your dollar you must constantly think BARTER. Each day, each of us has so many small needs that we take them for granted. Add these needs up cumulatively and the cost can be substantial. If however, you used your barter cash-less credit card, think of all the savings you would enjoy. Here's just a partial list of monthly potential savings:                    1) When the clothes stack up, use bartering for dry cleaning          2) If it's time for that yearly dental checkup, try one of the Barter  group's fine dentists;          3) If the muffler is hanging, fix it on barter;            4) If you need your dog groomed, do you and your dog a favor and                  think barter.          5) Restaurants          For further information on joining, email Kenneth Vercammen AUGUST 1 Jerry Garcia Day is a civic and cultural event that celebrates one of the greatest rock guitarists of all time and San Francisco native son – Jerry Garcia, founding member of the Grateful Dead. JERSEY Shore events On August 1st, Rainbow Full of Sound Celebrates Jerry Garcia’s B-Day / The Jerry Garcia Collection by Retroactv @ The Asbury Hotel  https://www.facebook.com/share/196YWQatf2/?mibextid=wwXIfr The Jerry Garcia Collection by Retroactv Ages 21+ A three-hour live celebration of Jerry’s legacy not just as a musician, but as a prolific visual artist. Open bar, food, and a live band! By Retroactv Follow Date and time Friday, August 1 · 7 - 10pm EDT Location The Asbury Hotel 210 Fifth Avenue Asbury Park, NJ 07712 https://www.facebook.com/events/904991791712518  Cosmic Jerry Band celebrates Jerry Garcia's 83rd birthday with a special performance at Red Bank Elks Lodge 233 in Red Bank, NJ on Saturday, August 2nd. Join us outside for two long sets at 5pm-9pm (doors open at 4pm) plus enjoy the local vendors, fairy hair station, crafts, food tents, outdoor/indoor bars, beautiful vibes & more. $12 entry, all ages welcome, rain or shine!! Splintered Sunlight fans.  Friday, August 15th. 7:30 PM,   Splintered Sunlight's Seaside Heights Beach 7:30 Grateful Dead Tribute Concert primary image Splintered Sunlight's Grateful Dead Tribute Concert

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