E368 1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car. 2. If Defendant had Prior CD, can't get PTI. 3.

NJ Laws Email Newsletter E368 Kenneth Vercammen, Attorney at Law May 18, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car. 2. If Defendant had Prior CD, can't get PTI. 3. Reflections on Memorial Day . 4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help. 1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car. State v Shannon _____ NJ Super. ______ (App. Div. 2011) A-2549-08T4. The court reversed defendant's conviction of possession of cocaine, finding his motion to suppress the cocaine found in a warrant-less search of his Jeep should have been granted. The search was not incident to arrest, did not occur late at night, the stop was in a residential area, and four Asbury Park Police Officers were at the scene with defendant, who was alone. The court found no exigency existed pursuant to State v. Pena-Flores, 198 N.J. 6 (2009). 2. If Defendant had Prior CD, can't get PTI. State v O'Brien ____ NJ Super. ______ (App. Div. 2011) A-4190-09T2 The question presented is whether a defendant who previously received supervisory treatment under the conditional discharge statute, N.J.S.A. 2C:36A-1, and who later applied for and obtained an order vacating the conditional discharge, may thereafter be admitted into PTI. The court answer the question in the negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28, Guideline 3(g) prohibit any person previously placed into supervisory treatment under the conditional discharge statute from subsequent admission into PTI, whether the conditional discharge is later vacated or not. 3. Reflections on Memorial Day Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country. We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness. "If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000 On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay. Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW 2002 Memorial Day address http://www.usmemorialday.org/backgrnd.html 4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse. If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it. Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court, Introductory DWI Monday, May 23, 2011 5:30 PM to 9:00 PM Brunswick Hilton, East Brunswick This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that police, attorneys, prosecutors and court staff are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. Sponsor: NJ Institute for Continuing Legal Education 732-214-8500 Cost: $189.00 includes dinner, CD with forms and 400+ page book Other information: Speakers include: KENNETH A. VERCAMMEN, ESQ. Past Chair, NJSBA Municipal Court Section Past GP Solo Section Attorney of the Year 2006 NJSBA Municipal Court Practitioner of the Year Hon. E Ronald Wright Chief Judge, New Brunswick, North Brunswick WILLIAM G. BRIGIANI, ESQ. Former Municipal Prosecutor (Spotswood, East Brunswick and for the SPCA) Editorial Assistance provided Ashley Kolata. Ms. Kolata currently attends Rutgers School of Law, Newark. She will be entering her second year and is currently participating in our Kenneth Vercammen's summer internship program.

Editor's Note and Disclaimer: All materials Copyright 2011. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court Facebook: http://www.facebook.com/kenneth.vercammen?ref=name

E367 1. Recent Case: Miranda Waived Unless Defendant Clearly Requests Attorney. 2. Free Power of Attorney or Advance Directive for Law Enforcement.

NJ Laws Email Newsletter E367 Kenneth Vercammen, Attorney at Law May 11, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Recent Case: Miranda Waived Unless Defendant Clearly Requests Attorney. 2. Free Power of Attorney or Advance Directive for Law Enforcement. 3. Consequences of a Criminal Guilty Plea. 4. May Fun Upcoming Running Races and Community Events. Greetings! 1. Miranda Waived Unless Defendant Clearly Requests Attorney. State v Alston 204 NJ 614 (2011). Defendant's statements after he waived his right to counsel, when clarified, were not an assertion of his right to counsel, and the police officer's questions did not exceed the scope of permissible clarification. 2. Free Power of Attorney or Advance Directive for Law Enforcement. To recognize National Police Week, we will provide a free Power of Attorney or Advance Director for Middlesex County Police Officers. Appointments need to be scheduled by May 31. Call 732-572-0500. We have previously served as a volunteer with Wills for Heroes, which are programs provide essential legal documents to our nation's first responders, including Wills, Living Wills, and Powers of Attorney. By helping first responders plan now, they ensure their family's legal affairs are in order before a tragedy hits. The 501(c)(3) charitable non-profit Wills for Heroes Foundation supports these Wills programs, giving back to the community and "protecting those who protect us." 3. Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) in front of a crowded room of people and sometimes newspaper reporters 2. Do you understand that if you plead guilty: a. You will have a criminal record b. You may go to Jail or Prison. c. You will have to pay Fines and Court Costs. 3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments, which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. 4. May Fun Upcoming Running Races and Community Events If you are attending any of these races, please call or email Ken V. Often we car pool or meet at these events. May 15, 2011 Thorne 4m W. Long Branch 9am free beer afterwards great JSRC May 15, 2011 Stomp the Monster 5K Marlboro, NJ. The USAT-certified 5K goes off at 10:30. The event includes a festival featuring beer , food and fun after the race May 19, 2011 Thursday 1-2:30pm Municipal Court Practice program Borgata Hotel Atlantic City Learn the new rules and statutes, an insider's guide to handling cases in New Jersey's busiest courts. Municipal Court practice requires more knowledge than just showing up and pleading someone guilty. Learn from two of New Jersey's most respected lecturers on the subject. This course qualifies for Bridge The Gap credits. NJ State Bar Annual Meeting May 21, 2011 Commotion By The Ocean Rumson Hash- The Windjammer. Seaside Park $40 for all day event hash Run starts at 10:17, with free beer prior 10:17 Gather for Hash at (This is the scheduled start time of all Rumson hashes) "CoMotion by the Ocean Hash" includes: -Unforgettable hash, -A considerable commotion on the Atlantic Ocean, -Multiple beer checks, -Lunch at a nearby restaurant Return to the Windjammer in early afternoon. That's when the pool party starts. Enjoy a relaxing swim in the heated pool, join in the pool games, or just do whatever comes naturally. 7:50 Dinner, more beer, band Later: https://sites.google.com/site/comotionbytheocean2011/ and https://store.hashspace.com/product.php?productid=16600 May 22, 2011 Get a Clue - Race for PKU2" 5k Race, 9:30am, 1 mile, 9am Colonial Park, Somerset May 26, 2011 Legal Run Around Somerville 7pm May 27, 2011 - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jays, Bar A & Columns not a race, just social event 6pm D'Jays [ free quality food] 8pm Bar Anticipation 10:30 Columns see some of the Legends of Belmar, including Bar A Tug of War Champions Chris Knigge and Ken Vercammen http://www.facebook.com/event.php?eid=186067818107487 May 28, 2011 Spring Lake 5 mile free food and reduced price drinks Bar A after race. Congratulations Shannon Vercammen, Straight A student and Brendan Vercammen, Deans List, University of Miami Pre- Med on academic scholarship.

Editor's Note and Disclaimer: All materials Copyright 2011. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court Facebook: http://www.facebook.com/kenneth.vercammen?ref=name

E366 1. Warning- New Jersey Photo Red-Light Ticket invades Central NJ. 2. Police do not need Arrest Warrant if they Observe Offense. 3. NJ Law

NJ Laws Email Newsletter E366 Kenneth Vercammen, Attorney at Law April 13, 2011 IN THIS ISSUE: 1. Warning- New Jersey Photo Red-Light Ticket invades Central NJ. 2. Police do not need Arrest Warrant if they Observe Offense. 3. NJ Laws, Middlesex County Bar and Kenneth Vercammen Support Angela White Dalton in the New Jersey State Bar Contested Election for Secretary. 4. Professional Office Space Available in Edison Law Office. 5. Recent Articles Published in Police Chief Magazine and other Journals. Office Phone Number: (732) 572-0500 www.njlaws.com Greetings Kenneth Vercammen, Esq., 1. Warning- New Jersey Photo Red-Light Ticket invades Central NJ. Traffic control signal monitoring systems (also known as the "RLR System") is an integrated system used to record evidence authorities need to prosecute red-light runners and other traffic violators. The system is made up of a single camera, or a multiple camera system, which trigger vehicle sensors when a violation occurs to capture the traffic violation in live time. The New Jersey Department of Transportation (NJDOT) announced the designation of ten new municipalities for the Red-Light Running Automated Enforcement pilot program. Hoboken, Morris Township, South Brunswick, Woodbridge, Gloucester Township, Cherry Hill, Stratford, Deptford, Monroe and Glassboro were designated for participation. The Assembly Bill 4314 established a five-year pilot program to determine the effectiveness of the installation and utilization of traffic control signal monitoring systems. Similar programs have been implemented in twenty-four states other then New Jersey. The NJDOT designated Brick Township, Newark, East Brunswick, Piscataway, Roselle Park, Stafford, Edison, Jersey City, Lawrence, Linden, New Brunswick and Wayne for participation in the first-year pilot program. Although violators are not given points for infractions caught by red-light cameras, it is considered a moving violation. Therefore, if you are on DMV of MVC probation your driver license will be suspended if you are issued a moving violation via a red-light camera. While some towns claim these are "safety" tickets, they really are revenue enhancers. One company even brags how law enforcementorganizations can helpmunicipalities facing a budget crisis. So, be careful running those yellow lights on Rt 27 and Plainfield in Edison, and Rt 18 and Tices Ln in East Brunswick. More info on the Photo Red-Light Ticket at: http://criminal-jury.blogspot.com/2011/04/new-jersey-photo-red-light-ticket.html 2. Police do not need arrest warrant if they observe offense. State v Brown _____ NJ _____ (2011) A-67-09/A-17-10 At the time Brown fled through a window onto a roof next door, the police had engaged in no misconduct; thus, there was no seizure of any sort in the apartment. When the police arrested Brown after he came down from the roof, they did not need an arrest warrant because they had probable cause to arrest him in a public place (1) for armed robbery committed outside their presence and (2) for resisting arrest, which they observed. 3. NJ LAWS, MIDDLESEX COUNTY BAR AND KENNETH VERCAMMEN SUPPORT ANGELA WHITE DALTON IN THE NEW JERSEY STATE BAR CONTESTED ELECTION FOR SECRETARY. Attention all NJ Attorneys, Prosecutors and Judges eligible to vote. Angela Dalton needs your vote and your support. She is a good friend to attorneys from all walks, but especially to solo and small firm attorneys. Angela's vision for the NJSBA, is a more relevant, affordable and diverse NJSBA that provides value to the membership. She was selected this year by the newly expanded 17 member nominating committee made up of section chairs and representatives of diverse perspectives, including women, minorities and the Young Lawyers Division. Her challenger was not picked, for the second year in a row and has filed a protest petition, which now means that the general membership will decide, by paper ballot between April 18 and May 9.. Angela has worked hard chairing several committees of the NJSBA, including Membership, Judicial Administration, Young Lawyers Division And Women In The Profession. She has also served for six years as a trustee of her county bar association. She is a small firm attorney from Monmouth County and has served as a deputy mayor in a town with a $30 million + budget. Angela works on behalf of the general membership, providing better events, programs and services that meet the needs of the average NJSBA member. She is not a resume builder, she is a doer and she gives the NJSBA 100%. You can learn more about her at "Facebook - Angela Dalton - Leadership You Can Trust" and at her website:www.daltonforsecretary.wordpress.com. When that ballot comes, do not throw your vote away, and tell your colleagues too. Vote for Angela White Dalton, a leader you can trust. She is the voice of the future for the NJSBA. 4. PROFESSIONAL OFFICE SPACE AVAILABLE IN EDISON LAW OFFICE 2053 Woodbridge Ave. Edison, NJ 08817 Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd office or location to meet clients in Edison. The offices are located on the 1st floor of the building. 2 rooms office approx 12.4 x 9.4 and front room appr 8 x 9 plus use of reception room 16.6 x 7.2 and use of storage area in basement and garage. $600 per month Call: 732-572-0500 Owner of building is local attorney, Kenneth Vercammen who handles Criminal /Municipal Court, Personal Injury, Elder Law, and Probate Law. Available April 15. 5. Recent articles published in Police Chief Magazine and other Journals written by Kenneth Vercammen. "Top 10 Cases Municipal Court Cases 2011" The Middlesex Advocate March, 2011 "Best Practices for Protecting Clients in Defense of Domestic Violence and Related Criminal Charges NJ Law JournalDecember 6, 2010, reprinted in The Middlesex Advocate April, 2011 "Top 25 Cases Affecting Municipal Court Practice" NJ Police Chief Magazine April 2011 "Compelling an Accounting and Removing the Executor of an Estate The Middlesex Advocate December, 2010 "Prosecuting the Speeding Ticket" The New Jersey Police Chief Magazine July/ August

Editor's Note and Disclaimer: All materials Copyright 2011. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com

E365 1. Kenneth Vercammen and John Menzel were included in the 2011 “Super Lawyers” 2. Hearsay not admissible at trial. 3. Charity & Communi

E365 1. Kenneth Vercammen and John Menzel were included in the 2011 “Super Lawyers”

2. Hearsay not admissible at trial.

3. Charity & Community Events

4. April is National Donate Life Month- Organ Donation

5. Join the Edison Community Pool

6. Free Atlantic Reporter books

7. Tables available to borrow.

1. Kenneth Vercammen and John Menzel were included in the 2011 “Super Lawyers” list published by Thomson Reuters and New Jersey Monthly. Of over 79,000 attorneys in New Jersey, only five were selected as Super Lawyers in the Criminal Law- DWI category.

HOW SUPER LAWYERS ARE SELECTED

Bar associations and courts across the country have recognized the legitimacy of the Super Lawyers selection process. Most recently, the New Jersey Supreme Court upheld the findings of a Special Master assigned by the court to, among other things, examine the details of our process. The Special Master report stated:

“[The Super Lawyers selection process] is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field."

"Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex."

“It is absolutely clear from this record that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

OVERVIEW

Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in the selection of a lawyer, we limit the list to attorneys who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

Only 5 percent of the lawyers in each state or region are named Super Lawyers.

http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

2. Hearsay not admissible at trial. State v McLaughlin _____ NJ _____ (2011) A-68-09

Because the state of mind of the declarant of the hearsay offered here was not directly relevant to the prosecution of defendant and the hearsay statement itself, without redaction, imputed to defendant the

intent to commit a crime, its admission was error.

3. Charity & Community Events - You don’t need to run. You can bicycle to events and volunteer

Saturday, April 2, Fools Run 5k 11am Manasquan, NJ

April 3, 2011 Indian Trails 15k, 5k 9am Middletown [Ken V is past winner] After race, go to On The Deck 
Located in Atlantic Highlands, On The Deck offers indoor and outdoor dining with spectacular views of the Shrewsbury River, Gateway National Park and the New York City skyline all year round.

2 Simon Lake Drive Atlantic Highlands, NJ 07716-1259 approx 6 minutes away

4/9/11 Brick Beach to Bay 5k

4/ 9/11 Run w Eagles 5k Allentown 10am

4/16, 2011 Runapoloza Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party

4/23/11 Celtic Tribute 5K with the JSRC Kid’s Races and Nephcure Foundation 2-Mile Family Walk 11:00 start, Long Branch, NJ www.celtictribute5k.com

Pre-registration entry fee is $20 thru April 18.

Contact info: 732-571-2162, email: phinck@comcast.net

Benefits the PBA Local No. 10, Scholarship Fund and Nephcure Foundation.

Event includes 5-year age group awards, Law Enforcement and PBA awards, 2-Mile Family Walk, Kids Races. Random Prizes and great post race party.

4. April is National Donate Life Month- Organ Donation

While New Jersey Organ and Tissue Sharing Network (NJ Sharing Network) works to educate New Jersey residents year round about the critical need for more organ and tissue donors, the month of April, associated with renewal and spring, is also National Donate Life Month.

Established in 2003, the month features local, regional and national educational activities designed to encourage Americans to become organ and tissue donors. We recommend all NJ citizens between 18 and 80 have a Living Will/ Advance Directive prepared. Select organ donation in your Living Will.

Nationally, more than 110,000 people wait for a life-saving transplant—close to 5,000 of them are here in New Jersey. For many, tragically, the gift will never be received. Nearly 6,000 people die a year – about 18 per day – awaiting the gift of life.

One of the most important life-saving decisions you can make is to become a registered donor. Say “yes” to donation on your New Jersey driver license or state ID when you first apply for and each time you renew. The words “Organ Donor” will appear on the front of your license and will be included in your computer record with the Motor Vehicle Commission. Not renewing anytime soon? You can register online today by visiting

www.sharenj.org. NJ Sharing Network is a non-profit, federally designated organization responsible for the recovery and placement of donated organs and tissue for New Jersey residents in need of life-saving transplants. For

information about donation and transplantation in NJ, contact us at 1-800-SHARE-NJ or info@sharenj.org

5. Join the Edison Community Pool now and save!

The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2011.


The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.

Dates and Hours of Operation

The Pool opens on weekends only from May 28 through June 16- Hours Sat. 11am-8pm and Sun.12-8pm

The pool will be open fro the summer starting June 16 through Labor Day

Open House- May 14 from 12-2pm.

Last years Elks Community Pool members save if registered by April 30

Also available this year swim lessons for children ages 4-6 and 7-10.

6. Free Atlantic Reporter books- All the New Jersey, Pennsylvania and Delaware cases Atlantic 2d Vol. 100- 408 [up to 1980] We need to make space for more computers in the office, so we are getting rid of all our Atlantic 2d books. Call this week if you want to pick up 732-572-0500

7. Tables available to borrow. Having a party, First Communion, Graduation?- Friends can borrow our Folding Tables, wooden folding chairs, outdoor tarp/ tent 8 x 8, steam trays, coolers. I had my first summer party back when I was in college. I have accumulated tables and other social event items. We keep these tables, etc in the garage at the law office. If you want to borrow, just call office to arrange time to pick up. Just bring back clean and don’t break them. 732-572-0500