E761 VercammenLaw News

 

E761 VercammenLaw News 1 Summer Blast Happy Hour August 7, 2026 was a good time. 2 Recent case Internal affairs (IA) investigation could be released but a case-by-case approach is necessary to balance these legitimate and reasonable interests. 1 Summer Blast Happy Hour August 7, 2026 was a good time. We thank 100 friends, professionals, and attorneys who attended the 2026 Summer Blast Happy Hour. My family and I had a great time catching up with old friends and meeting new ones. We appreciate the many attendees donated canned goods donated which were donated to St. Matthews Edison Food Pantry. For 2027 we will select a different Neptune/Belmar area location for a summer event.  I did spend over $1,000 out of my pocket buying drinks to persons who registered the prior week before the event. I posted some photos at https://www.facebook.com/kenneth.vercammen        We thank the co-sponsors sponsors for the Happy Hour   Retired Police & Fire Middlesex-Monmouth Local 9  Mercer County Bar Association New Jersey Defense Association Greater Monmouth Chamber of Commerce Lakewood Chamber of Commerce EIPA Eatontown Industrial Park Assoc. Edison Elks American Legion Edison Bartersaves NJ best business barter exchange Knights of Columbus #5611 Spring Lake , VercammenLaw office & the secret society of Municipal Court attorneys        Special thanks to my sister Janet, wife Cynthia & friends who helped hang up the banners and our volunteers who checked in the guests and gave out wristbands.  Photo below: Past NJ Bar Municipal Court Section Chairs Albert J. Mrozik [Past Asbury Park Judge],  Ken Vercammen,   Elliot Wiesner   and John Menzel at the Annual Jersey Shore Happy Hour on August 7   2 Recent case Internal affairs (IA) investigation could be released but a  case-by-case approach is necessary to balance these legitimate and reasonable interests. State v Hubbard ·       This appeal addressed whether prosecutors must release substantive details about a police department's pending internal affairs (IA) investigation of officers to criminal defendants before investigations conclude and before any allegations are substantiated.  Counsel for seven criminal defendants received letters from the Passaic County Prosecutor's Office pursuant to Giglio v. United States, 405 U.S. 150 (1972), and New Jersey Attorney General Directive 2019-6. These letters informed counsel that certain officers involved in their clients' cases were the subject of allegations of misconduct relating to those officers' truthfulness, bias, or integrity. The letters did not provide any substantive detail regarding the alleged offenses or the status of the investigations. The "Giglio letters" were accompanied by a protective order, granted ex parte, which limited counsels' ability to discuss the contents of the letters solely to their respective clients. Defendants moved (1) to compel disclosure of the IA files, arguing the State has an affirmative obligation to release the substance of these records to comply with its duties under Giglio and Directive 2019-6; and (2) to vacate the protective order, thereby broadening the scope of information released to allow defendants to investigate and prepare defenses. The trial court consolidated the motions and granted the relief requested. The court granted the State leave to appeal. The court concluded the trial court erred in ordering release of IA information before investigations were completed and before the allegations were substantiated. However, the court agreed with the trial court's decision to vacate the protective orders, finding them overly broad.  This decision clarifies the balance between defendants' rights to potential impeachment material and the need to maintain the confidentiality of ongoing IA investigations. ·       Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/08/internal-affairs-ia-investigation-could.html ·       STATE OF NEW JERSEY VS. DEXTER L. HUBBARD, ET AL. (25-02-0111, 24-12-0898, 24-02-0071, 23-04-0311, 25-01-0065, 24-12-0864, AND 24-09 0678, PASSAIC COUNTY AND STATEWIDE)

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E760 VercammenLaw News

 

E760 VercammenLaw News 1. Ken Vercammen was interviewed  by TV News 12 NJ on contractors improperly requiring more money 2. US Supreme Court holds certain cell phone data is protected 3. Attorney could be paid in criminal case by a witness 4. If someone has a child with Special needs, hire an attorney to prepare a Special Needs Trust for the disabled child.   1 Ken Vercammen was interviewed  by TV News 12 NJ on contractors improperly requiring more money TV Show involved contractor trying to scam homeowners into paying more money after contract signed    Watch: https://newjersey.news12.com/kane-in-your-corner-familys-pool-project-turns-into-10000-contractor-dispute Kane In Your Corner: Family’s pool project turns into $10,000 contractor dispute A consumer attorney tells Kane In Your Corner that the case could serve as a cautionary tale for anyone considering home improvement work. A New Jersey family is embroiled in a dispute with a pool company based in New York. A consumer attorney tells Kane In Your Corner that the case could serve as a cautionary tale for people who undertake home improvement work. Beatrice Menendez says her backyard pool has always been a gathering place for her kids and grandchildren. So earlier this year, Menendez dove into a renovation. She signed a contract for $20,000 with a New York company called Pete’s Pool Service to repair the pool and install a new deck. The business arrangement went sour, and Menendez kicked the pool company off her property. By then, she had paid $16,000 of the $20,000 total bill, so she asked for a refund to cover work she says was unfinished. 2 US Supreme Court holds certain cell phone data is protected  In Chatrie v. United States (No. 25-112) the U.S. Supreme Court ruled 6–3 that law enforcement acquisition of cell-phone location data through a geofence warrant constitutes a search under the Fourth Amendment Justice Elena Kagan authored the majority opinion, which narrowed the third-party doctrine by holding that individuals maintain a reasonable expectation of privacy in their location history even when stored by a company like Google  Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/08/chatrie-v-united-states.html 3 Attorney could be paid in criminal case by a witness State v. Dana Kearney A-50-24 1. An attorney’s duty of loyalty requires exclusive loyalty to the client, without diversion of that loyalty in favor of another person or the lawyer’s own self-interest. In the context of PCR, a defendant who demonstrates that counsel’s loyalty was divided and that he suffered corresponding prejudice may establish a violation of the right to effective assistance of counsel, warranting post-conviction relief. The Court has adopted a two-tier framework for addressing conflict-of-interest allegations. First, courts consider whether the alleged conflict at issue constitutes a per se conflict -- a conflict so inherently fraught with divided loyalties that prejudice to the defendant is presumed, and reversal is required, unless the defendant has knowingly and intelligently waived the conflict. If a per se conflict is not found, courts next consider whether the alleged potential conflict is an actual conflict, and, if so, whether a great likelihood of prejudice resulted. The actual conflict standard is a flexible, fact-sensitive inquiry in which courts examine the specific facts of each case to determine whether the attorney’s representation was materially limited by responsibilities to another client, a third party, or by the lawyer’s own interests. A defendant may consent to an actual conflict, provided the waiver is knowing, intelligent, and voluntary. But, under no circumstances should waiver be inferred from a silent record.   2. In the context of third-party payment of legal fees, the Rules of Professional Conduct require that the client provide “informed consent,” which is defined as agreement to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks and reasonably available alternatives. Once an actual conflict of interest has been established, however, waiver requires a knowing, intelligent, and voluntary relinquishment of the right to conflict-free counsel, and it must be made on the record with the trial court ensuring that the defendant fully understands the potential hazards of the conflict. Each form of consent must be analyzed according to the specific context and stage of the case  3.  A criminal defendant’s ability to retain private counsel is unique among attorney- client relationships, particularly due to the barriers created by detention. For members of the private bar, the assistance of family or friends may be the only means available to connect an attorney to a detained defendant. This dynamic introduces the potential for a conflict of interest as soon as a third party becomes 2involved in the attorney-client relationship. At the same time, however, a per se rule excluding all such arrangements would be both impractical and unfair, particularly for defendants in custody who must often rely on family, friends, or others to secure private counsel on their behalf. In In re State Grand Jury Investigation, 200 N.J. 481 (2009), the Court expressly rejected a per se rule of disqualification in all third-party payer situations and instead set forth a fact-specific six-part test to assess whether a third-party payer’s relationship with counsel led to a material limitation resulting in an actual conflict. The Court reviews that test.    4. The record here demonstrates that Boone’s involvement with Duffy was limited to the payment of legal fees. There is no evidence that Duffy’s representation of defendant was materially limited by Boone’s payment, nor is there any evidence of divided loyalty or impaired advocacy. The alleged division of counsel’s loyalties was purely hypothetical, and Duffy’s conduct throughout the trial reflected undivided loyalty to his client. Because defendant has failed to establish the existence of a conflict, the Court does not reach the question of informed consent. A third party paying the legal fees of a defendant’s counsel does not create a per se conflict, and defendant has failed to establish an actual conflict. And because defendant’s allegations amount to nothing more than unsupported assertions, they are insufficient to warrant an evidentiary hearing.    5. To provide clarity and protection for both counsel and client, the Court recommends best practices for all criminal cases involving third-party payment of legal fees: (1) preparation of a standalone document, separate from the retainer agreement, memorializing the identity of the payer and the nature of the payment arrangement; (2) the client’s signature of the document as acknowledgment and indication of informed consent to the arrangement; (3) an ongoing duty to update; (4) maintaining the document on file for production in the event of a dispute or post- conviction challenge, with appropriate safeguards for confidentiality; and (5) the designation of a primary payer when multiple individuals wish to contribute to the defendant’s legal fees. In adopting these best practices, the Court seeks to balance the practical realities of criminal defense with the need to safeguard the defendant’s right to conflict-free counsel. However, an attorney’s failure to adopt these best practices does not, by itself, establish a conflict of interest or entitle a client to relief for ineffective assistance of counsel. The Court recommends that the Criminal Practice Committee review and develop a model form for this purpose and consider whether, in certain circumstances, additional steps should be required.  Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/08/attorney-could-be-paid-in-criminal-case.html 4 If someone has a child with Special needs, hire an attorney to prepare a Special Needs Trust for the disabled child.   A child receiving SSI or other government benefits could lose their benefits if they inherit money or property.            Vercammen Law has never prepared a Special needs trust and does not handle Special needs trusts.  We recommend you contact a NJ attorney who has experience with Special needs trusts.  Special Needs Trusts (SNTs) are a type of trust that preserves the SNT beneficiary’s eligibility for needs-based government benefits such as Medicaid and Supplemental Security Income (SSI). These trusts may also be called a supplemental needs trusts, or “(d)(4)(A)” trusts after the federal law that authorized them, 42 U.S.C. § 1396p(d)(4)(A). Any individual under 65, who is disabled under the Social Security Administration standard, may place assets in an SNT to establish or maintain Medicaid eligibility. As a general rule, because the SNT beneficiary does not own the assets in the trust, he or she can remain eligible for benefit programs that have an asset limit. Additionally the federal law exempts transfers of assets into an SNT from a penalty. However, in order to use the SNT to obtain or retain Medicaid benefits, both the trust document and annual SNT accountings must be disclosed and reviewed. There are several requirements in order to establish an SNT. Some of those requirements include but are not limited to: ·       SNT beneficiary has been determined disabled under 42 USC 1382(a)(3)(A). ·       SNT is irrevocable. ·       SNT is for the sole benefit of the SNT beneficiary. ·       Only specific individuals can establish the SNT (parent, grandparent, guardian, court). ·       On the death of the SNT beneficiary, the State of New Jersey is the first remainder beneficiary and will receive all amounts remaining in the trust up to an amount equal to the total amount of Medicaid benefits provided, minus any reimbursement or recovery of Medicaid payments previously received by the State. ·       Transfers to the trust after the SNT beneficiary reaches age 65 are prohibited. Any additions to the trust after that time with assets of the beneficiary are subject to the rules governing the improper transfer of resources. ·       Cash distributions from the trust to the SNT beneficiary must be counted as unearned income. ·       Annual accountings are required to be sent to the eligibility-determination agency, and to the DMAHS Beneficiary Administrative Action Unit (BAAU) at the address highlighted in boldface on the next page. ·       The New Jersey regulations for SNTs can be found at N.J.A.C. 10:71-4.11(g)1. Source https://www.nj.gov/humanservices/dmahs/clients/snt.html

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E759 VercammenLaw News

 

E759 VercammenLaw News 1 Have a Power of Attorney prepared for your college children and children traveling out of state 2 Step us in Basis on certain Capital Gains on house and others at death   3 New E-Bike laws NJ and licensing requirements 4 NJ Supreme Court directs that a hearing be held to assess the reliability of the proffered fingerprint evidence 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! 2 Typically no Capital gains tax on death since there is a step up in basis  In most cases, the basis of property acquired from a decedent is its fair market value on the decedent's date of death. This is often referred to as stepped-up basis because the fair market value of property held by a decedent at death frequently is greater than the decedent's basis in the property. These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property. Step us in Basis on certain Capital Gains on house and others at death   Under the baseline tax system used by Treasury’s Office of Tax Analysis (OTA) to determine tax expenditures, unrealized capital gains would be taxed when assets are transferred at death. A decedent’s final income tax return would include unrealized capital gains from all assets held at death.  Under current law, however, unrealized capital gains on assets held at the owner’s death are not subject to income tax. In addition, the cost basis of the decedent’s assets transferred to beneficiaries is assigned the fair market value (FMV) of the assets at the owner’s date of death, not the basis of the decedent. This step up in basis removes unrealized capital gains on assets held until death from the base of the income tax. Exempting unrealized capital gains on assets held at death is a tax expenditure. Source https://home.treasury.gov/system/files/131/Step-Up-Basis-2014.pdf 3 New E-Bike laws NJ and licensing requirements What is an E-Bike? The term "e-bike" commonly refers to both low-speed electric bicycles and motorized bicycles, as defined by N.J.S.A. 39:1-1.  Low-Speed Electric Bicycles – These are pedal assisted bicycles with a helper motor that only provides assistance while pedaling up to 20 mph.  Motorized Bicycle/Moped -- a pedal bicycle that is equipped with: a helper motor characterized in that either the maximum piston displacement is less than 50 cubic centimeters, or the helper motor is rated at no more than 1.5 brake horsepower. an electric motor that can provide assistance when the rider is pedaling or that, through the use of a throttle, can be used to exclusively propel the bicycle to a speed of not more than 15 miles per hour. a helper motor that is powered by an electric drive motor that provides assistance when the rider is pedaling and has a maximum speed between 21 miles per hour and 28 miles per hour on a flat surface. an electric motor that is capable of propelling the bicycle in excess of 15 miles per hour through the use of a throttle with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. https://www.nj.gov/mvc/vehicletopics/ebike.htm E-Bike Usage Requirements Age and License To operate an e-bike, you must be at least 15 years old and have (1) an e-bike license or (2) a valid driver’s license. *Please note: An individual may neither apply for nor receive a motorized bicycle license during a period of suspension or revocation of any their driving privileges. Registration & Insurance: E-bikes must be registered with the New Jersey Motor Vehicle Commission. Only motorized bicycles are required to have insurance coverage. Low-Speed Electric Bicycles do not require insurance but must be registered with MVC. https://www.nj.gov/mvc/vehicletopics/ebike.htm E-Bike Registration Process Step 1 To register your e-bike, please make an E-BIKE: INITIAL REGISTRATION appointment at a Vehicle Center. Step 2 • Complete the Registration Form - Low-Speed electric Bike and Motorized Bike Ownership and Registration form, (Form number BA-49EB).  • Present either 6 points of ID, your valid NJ Driver License or Non-driver Photo Identification (ID) • Complete the parent consent form, if your parent or guardian is not with you and you are under the age of 18. • Show proof of E-bike insurance if applicable. All motorized bicycles are required to have insurance coverage. Only Low-Speed electric bicycles are not required to have insurance  • Provide proof of ownership through a: Manufacturer's Certificate of Origin (MCO); Purchase receipt; Notarized bill of sale; or An affidavit from the current owner documented on Form BA-49EB Step 3 • Place your e-bike license plate stickers on both sides of your e-bike’s front fork as shown: E-Bike License Process Step 1 • Study by reading the Driver Manuals,- the New Jersey Driver Manual and Motorcycle Manual (Section 10 of the New Jersey Driver Manual), along with the separate E-bike and Motorized Bicycle/Moped Manual.  • Make an appointment for an initial e-bike permit and complete an application (BA-208 form) for an e-bike permit. Step 2 • Bring your 6 Points of ID  scheduled appointment as well as your parent consent form if your parent or guardian is not with you.  • Pay the examination fee for the e-bike permit.(Fee of $5 will be waived until January of 2027)  • Pass the knowledge and vision tests to validate your e-bike permit. If you fail the knowledge test, you can retest in 7 days.  Step 3 • Practice operating the e-bike, unsupervised during daylight hours. • Make an appointment for road test dated at least 20 days, and up to 45 days, from the date of your validated e-bike permit.  Step 4 • Bring to your road test: A registered e-bike with plate sticker affixed to the front fork; A helmet; Your validated permit; Your 6 Points of ID ; and Insurance proof, if you will be using a motorized bicycle for the test. • If you pass the road test, take your validated permit, your 6 Points of ID, proof of address, and your test results score sheet to a licensing center to receive your e-bike license (no appointment required). If you fail the road test, you can retest in 14 days.  More info: https://www.nj.gov/mvc/vehicletopics/ebike.htm 4 NJ Supreme Court directs that a hearing be held to assess the reliability of the proffered fingerprint evidence State v. French G. Lee     The Supreme Court considered whether the trial court erred in not holding a hearing on the admissibility of fingerprint evidence prior to the defendant French G. Lee’s trial for two burglaries. The Court held that trial courts have a gatekeeping role to ensure that expert testimony is sufficiently reliable before it can be presented to a jury. For that reason, the Court agreed with the Appellate Division that the trial court should have conducted a hearing to assess the reliability of the disputed evidence. The Court appointed a Special Adjudicator to conduct such a hearing. The Court expressed no view on the outcome of the hearing and will await the results of the hearing to address more fully the other two errors the Appellate Division found. Full opinion at Full opinion at Criminal Law- Recent Cases Vercammen Law    https://njcriminallaw.blogspot.com/2026/07/nj-supreme-court-directs-that-hearing.html

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