E732 VercammenLaw News

1 August 8, 2025- Happy Hour at Headliner Club in Neptune & Networking Social

2 Recent cases Defendants in Domestic Violence case do Not Have Blanket Immunity to Invoke The 5th Amendment Right to Remain Silent

3 Accused must assert right to counsel, not just remain silent

4 ABA seeks article authors

5 Photo- Kenneth Vercammen with Melody M Wilkinson Chair, ABA GPSolo

6 Photo Ken V and Grandson Logan at the Raritan Valley Road Runners summer Lollipop Race

1 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 2^nd 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.

June 25, 2025 from 12:45-1:30 pm Live in Vercammen Law Office

Wednesday.

https://www.facebook.com/events/1766175414320971

Program also can be watched on your computer or IPhone via Facebook live

Law Office of Kenneth Vercammen,

2053 Woodbridge Ave, Edison, NJ 08817

The “In office” program is limited to 9 people. Free sandwiches and snacks for past clients

COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:15 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank.

2 Recent cases Defendants in Domestic Violence case may invoke the privilege against self-incrimination in response to specific questions

M.A. v. J.H.M A-1-24

Although the Fifth Amendment does not afford a defendant in a PDVA FRO hearing blanket immunity, a defendant may invoke the privilege against self-incrimination in response to specific questions that raise reasonable risks of self-incrimination, and no adverse inference may be drawn from the exercise of that right. The PDVA immunity provision contained in N.J.S.A. 2C:25-29(a) is not coextensive with the privilege against self-incrimination and is therefore insufficient to safeguard a defendant’s rights under the Fifth Amendment.

3 Accused must assert right to counsel, not just remain silent State v K.H

A-1741-22

Defendant K.H. appeals from his jury trial convictions for aggravated sexual assault and burglary. He claims DNA evidence police collected from him should have been suppressed because his consent to the buccal swab test was coerced. He argues inter alia that it was unlawful for detectives to ask for consent after he invoked his Miranda rights, citing the court's recent decision in State v. Amang, __ N.J. Super. __ (App. Div. 2025).

The present case probes the underlying rationale and boundaries of the bright line rule established in Amang. In that case, the court held that under the New Jersey Constitution, police may not ask a person in custody to grant consent to a search if they had previously asserted the right to confer with an attorney during the administration of Miranda warnings. In adopting that bright line rule, the court stressed the unique ability of attorneys to protect the Fifth Amendment rights of a client undergoing custodial interrogation.

The court in the present appeal makes clear the categorical rule announced in Amang is triggered only by an arrestee's assertion of the right to confer with counsel. It is not triggered by a defendant's assertion of the right to remain silent.

Although it is not disputed that defendant in this case invoked his Mirandarights, the motion court did not make a specific finding on whether defendant requested to confer with an attorney, as he claims. The court concludes that a remand for further factfinding is unnecessary in this case because in any event, the motion court correctly found that defendant's DNA would ultimately have been obtained under the inevitable discovery doctrine. The court notes, however, the Miranda waiver form used in this case, like the one used in Amang, documents whether the arrestee invoked Miranda rights, but does not memorialize whether they asked to confer with counsel, asserted the right to remain silent, or asserted both rights guaranteed under Miranda.

That distinction is important not only with respect to applying the Amang rule but also to ensure compliance with Fifth Amendment case law that precludes police from reinitiating custodial interrogation after the arrestee has asserted the right to counsel. The court recommends that the Attorney General and county prosecutors review existing Miranda waiver forms to consider whether they should be revised to facilitate documenting whether an arrestee asserted the right to confer with counsel. A-1741-22

4 ABA seeks article authors

The American Bar Association's (ABA) Solo, Small Firm and General Practice Division (GPSolo) is seeking authors for its publications, including the GPSolo eReport and GPSolo Magazine. The division welcomes submissions from lawyers of all experience levels, including students and young lawyers. Articles should be practical, helpful, and avoid overly technical or legalistic language.

GPSolo eReport is a Bi-monthly online publication focuses on practical advice for solo and small firm lawyers. Articles should be between 750 and 1500 words and can be previously published. Footnotes are discouraged, and the writing style should be informal and conversational. :

Write an Article

Approximately 20,000 GPSolo members want to hear from you! GPSolo eReport includes articles geared toward solo and small firm lawyers on substantive areas of the law. Law Students and Young Lawyers are also encouraged to submit articles on topics of interest to this demographic. Articles are not intended to be technical in any manner. Footnotes are Discouraged. Rather, articles are intended to be a helpful tool for day-to-day issues as well as unexpected cases. Additionally, an article could simply be a checklist to reference when working on a case. Please follow these helpful tips:

· Articles should run between 750 and 1500 words.

· You can submit an article that was published previously.

· Avoid self-promotion.

· Articles are due before the 10th of each month.

· Send your submission as a Word attachment.

· Be sure to include all of your contact information.

Send your article today to:

Rob Salkin

ABA Publishing

Robert.Salkin@americanbar.org

(312) 988-6076

If the ABA accepts your article, you will have to sign a release that allows the ABA to publish it.

Kenneth Vercammen has written 3 books for the American Bar Association. He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in ABA and New Jersey publications on Wills, litigation, estates, probate law and trial topics.

5 Photo- Kenneth Vercammen with Melody M Wilkinson Chair, ABA GPSolo, Alan O Olson ABA GPSolo Secretary, Grady Chandler Esq. & Cynthia Vercammen at ABA Leadership conference in Washington DC