2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, April 15, 2021

 

E613 News
1.   Organ and Tissue Donation and Transplantation helpful information.
2.New Wills and Power of Attorney available for Wakefern employees who select Metlife HYATT Legal Plan
3.  Next Free Community Wills & Estates seminars online
4. YouTube Videos
5. Spring 2021 Law Clerk Photos

1.   Organ and Tissue Donation and Transplantation helpful information.
When is Organ Donation Awareness Month?
National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.
 
  Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
    
   Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.  
 
   Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No. When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.  
 
    Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities. To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared
 
Dear Friends, 
       We are sharing this message from the NJ Sharing Network to promote organ donation.
April is National Donate Life Month and we are so excited for the launch of #SaveNJLives, our initiative designed to start conversations about organ and tissue donation and transplantation.  
 
Thanks to our volunteers, nearly 140 participating pizzerias, coffee shops, diners and bagel shops in New Jersey will distribute custom designed pizza boxes and coffee sleeves in April, leading people to our campaign website, www.SaveNJLives.com. There, visitors can find out how many people in their town are waiting for a life-saving transplant, share that information via social media, and learn additional ways to help. 
 
1.           Visit www.SaveNJLives.com and share the number of people in your town waiting for a transplant on your Facebook and Twitter pages. Simply click the Facebook and Twitter icons on the site and follow the prompts to share. 
2. New Wills and Power of Attorney available for Wakefern employees who select Metlife HYATT Legal Plan
The Law Office of Kenneth Vercammen was selected to serve as a New Jersey Access Attorney for Metlife Legal HYATT Plan and several other major national legal service plans. We prepare Wills, Powers of Attorney and Living Wills for members.
 
Effective January 1, 2020, Wakefern Food Corporation will offer employees the MetLaw legal plan.
         For covered Wakefern employees, they will be entitled to a free Will for them and spouse, Power of Attorney for husband & wife, Living Will husband & wife, Testamentary Trust within a Will for minor children. There is also representation for certain Traffic Offenses in NJ,
 
Wakefern is the largest retailer-owned cooperative in the United States, comprising 51 member companies who independently own and operate 354 retail supermarkets under the ShopRite, Price Rite Marketplace, The Fresh Grocer, Dearborn Market and Gourmet Garage banners in New Jersey, New York, Connecticut, Pennsylvania, Delaware, Maryland, Massachusetts, Rhode Island and Virginia markets.
 
 Why a Will is essential to persons with children or who own property
     
    If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
 
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
    When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with financial concerns. 
 
    Who don’t you want to receive your assets?
 
    Who is not the best choice to raise your children, or safeguard your children's money for college?  Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
 
 
What HYATT Metlife members can do to get started…
 
HYATT Metlife members should call HYATT Metlife legal at 800.821.6400 to obtain an authorization numbers for each Will, Power of Attorney, Codicil and Living Will you want.
Members can also obtain authorization numbers online at https://members.legalplans.com/Home/
 
You can always call HYATT Metlife Legal Plans Monday through Thursday 8-7 and Friday 8-6 Eastern Time for assistance and information about your legal plan.
 
   After obtaining an authorization number, call Kenneth Vercammen’s Law Office for a free confidential consultation and preparation of Wills and estate planning documents- all free to HYATT Metlife members
A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
3.  Next Free Community Wills & Estates seminars online
April 19 Metuchen Library Wills, Estate Planning & Probate Seminar
at 6:30pm  

The program is free, but please register at:: https://forms.gle/czBf9aKFgVFoNd8i8
 
April 20, 2021 South Plainfield Public Library Wills, Estate Planning & Probate Seminar at 6:00pm

 
April 29 West Windsor Mercer County Library System Wills, Probate & Estate Planning 2021 Update free program

Virtual Program April 29 at 6PM GotoMeeting


May 4 North Brunswick Library Will seminar
4. YouTube Videos
Woodbridge Library Wills, Estate Planning & Probate Seminar:

Annual Review of Major Municipal Court Cases and New Laws Affecting Law Enforcement:

March 1st Wills & Power of Attorney Seminar Piscataway Library:

March 2nd Wills, Probate & Estate Planning 2021update East Brunswick Library:


5. Spring 2021 Law Clerk Photos
Law Clerk Benjamin Klein of Widener University Delaware Law School with Kenneth Vercammen
Law Clerk Brian Csobor of Rutgers University New Brunswick with Kenneth Vercammen
Law Clerk Maya Patel of Rutgers University New Brunswick with Kenneth Vercammen

Wednesday, March 17, 2021

 

E611 News
1.  NJ  legalizes weed
2. Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges 
3.   How Springsteen beat the DWI and reckless
4.   Login for Free March Wills seminars online Zoom 2021
5 Annual Review of the Major Municipal Court Cases and new laws affecting Law Enforcement 2020-2021  

1.  NJ  legalizes weed
  Gov. Murphy on February 22 signed into law three bills that decriminalize and legalize marijuana for "adult use," a term that generally refers to any use of the drug without a medical marijuana card. 
source  https://www.app.com/story/news/local/new-jersey/marijuana/2021/02/22/nj-weed-legal-gov-phil-murphy-law-marijuana-sales-2021/4544939001/
 
Can I smoke weed now? 
          Under bill A1987, the use or possession of up to 6 ounces of marijuana is decriminalized and comes without any penalties. There are also restrictions on how police officers can stop and search anyone who may be using or consuming marijuana. 
          Yet there remains a gray area.
           You still cannot legally purchase marijuana in New Jersey without a medical marijuana card, and it'll likely be at least months before any recreational marijuana sales begin.
When will I be able to purchase legal recreational weed? 
         Dispensaries that sell exclusively to recreational customers won't be legal until after the state's Cannabis Regulatory Commission is formally established, meets and sets specific guidelines for the cannabis industry — such as hours and security requirements for such sellers.
        Only then will the CRC begin accepting applications for recreational dispensaries and other cannabis businesses. 
So you're unlikely to be able to walk into a recreational marijuana dispensary in New Jersey for at least a year. 
However, much depends on the future of medical marijuana in New Jersey. 
Right now, there are over 100,000 patients in the New Jersey Medical Marijuana Program, but just 13 dispensaries from 10 operators to serve them.
         There's a hope that the supply will soon grow after a recent appellate decision lifting a court order preventing the Department of Health from issuing licenses to new medical marijuana cultivation centers and dispensaries. 
[Some people will take the train to Boston where it is legal and bring back to NJ. Just don’t get caught in NY, CT or RI on the train, and don’t have more than 6 ounces.]
 
Can I grow marijuana at home? 
             No. The bills Murphy signed do not include any provisions allowing people to grow marijuana at home. 
                New Jersey is the only state with legal weed that doesn't allow at least its medical marijuana patients to grow, and joins Washington as the only states without some recreational home grow.
  
        Over 67% of voters backed a marijuana ballot question in November. But that ballot question's specific constitutional amendment was contingent on two things: passage of the ballot question and regulations put forth by the state.
            Those regulations were signed into law February 22, putting the ballot question and constitutional amendment into effect.  

      Lawmakers finally ended a six-week stalemate over how the state will penalize underage marijuana users, sending Murphy a “clean-up” bill designed to complement the pair already passed by the Legislature in December.
     The draft bills left open a major contradiction, with one stating that possessing marijuana under 21 years old was illegal while the other stated that no person — without age restriction — could face penalty for possession of up to 6 ounces of marijuana.
        The resulting compromise, which passed the Legislature on February 22   put into place a three-tiered warning system for both underage marijuana and alcohol use.
       Both will be treated as virtually the same crime, with the most serious penalty capped at a simple referral to community service groups to teach the offender about substance abuse.
All civil penalties and fines, even from underage drinking citations, were removed. Source Asbury Park Press

2 Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges 
On February 22, 2021, the Governor signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act and the marijuana decriminalization laws.  
  Under the New Jersey Constitution and the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117,  all prosecutors operating under the authority of the laws of the State of New Jersey are to dismiss pending marijuana-related charges in accordance with the guidance below. 
          Dismissals 
A. Cases for dismissal. Effective immediately, prosecutors shall seek dismissals of any pending charges listed in the following chart in any cases where a juvenile or adult’s conduct occurred on or before February 22, 2021. Dismissals can be requested on an ad hoc basis as the cases are scheduled for a municipal or superior court proceeding. In cases involving multiple charges, only the charges listed in the chart are to be dismissed pursuant to this Directive; all other charges and pending matters should remain. 
2C:35-5(b)(12) 2C:35-10(a)(3) 2C:35-10(a)(4) 2C:35-10(b) 
2C:35-10(c) 2C:36-2 
2C:36A-1 39:4-49.1 
Description of Statute 
Distribution of marijuana or hashish 
Possession of marijuana or hashish 
Possession of marijuana or hashish 
Under the influence – only when the individual was under the influence of marijuana or hashish 
Failure to properly dispose CDS – only when the individual fails to dispose of marijuana or hashish 
Possession of drug paraphernalia when the paraphernalia was used, or was possessed with intent to be used, to ingest, inhale or otherwise introduce marijuana or hashish into the body 
Any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to this section 
Possession of CDS in a vehicle – but only when the individual is in possession of marijuana or hashish in the vehicle 
         B. Cases already resolved. For those cases already resolved, pursuant to the new decriminalization laws, the Administrative Office of the Courts will vacate by operation of law any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter where the conduct occurred prior to February 22, 2021. 
         Also vacated will be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person who is or will be serving a sentence of incarceration, probation, parole or other form of community supervision as of February 22, 2021 as a result of the person’s conviction or adjudication of delinquency solely for the above listed charges. 
 Effective date. This Directive shall take effect February 22, 2021 
ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2021-1 
3   Springsteen should never have been charged with DWI, he had an attorney who fights to win.
  The breath machine reading here was only a .02- similar to drinking half a can of Bud Light. 
            In the case of United States of America vs. Bruce Springsteen, the singer was formally charged by an overzealous ranger with operating a vehicle while under the influence of alcohol [DWI] , reckless driving, and consuming alcohol in a closed area. 
       Adam Baker, Assistant U.S. Attorney for the government, admitted that pertaining to the DWI and reckless driving charges, the government “cannot sustain its burden of proof.” [no surprise]
      The DWI should never have been filed since there was no complete proof of a violation of the DWI law 39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle the person owns or which is in the person's custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood 
Springsteen also should not have been charged by the Ranger with    Reckless driving, since the statute reads: “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”
      There was no evidence of driving a  vehicle heedlessly, in willful or wanton disregard. 
       US  Magistrate Judge Montone overseeing the case noted, up until three summers ago, alcohol consumption was allowable at the Sandy Hook, New Jersey, park.
     Springsteen agreed to plead guilty to simple consuming alcohol in a closed area — during the hearing, Springsteen admitted to having “two small shots of tequila that was offered by fans he met in the park” — at the Gateway National Recreation Area.
         More at https://www.rollingstone.com/music/music-news/bruce-springsteen-arrest-1127186/

4. Login for Free March Wills seminars online Zoom 2021
     March 1, 2021 Piscataway Library Wills & Power of Attorney Seminar at 6pm free Zoom program open to the public Link for free registration: https://docs.google.com/forms/d/e/1FAIpQLScqUaEv63xNrVHFbmGHjkEoIuklLGkYqBwr0U384LzryU3e6Q/viewform

      March 2, 2021  East Brunswick Library Wills, Probate & Estate Planning 2021 update  at 7PM  
https://www.ebpl.org/main/polCalendarEvent.cfm?Event_Date={d%20%272021-03-02%27}&Calendar_Code=&Event_Id=96692


     March 9 Woodbridge Library Estate Planning seminar7pm
http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11154&backTo=Calendar&startDate=2021/03/01
More info https://www.facebook.com/events/271486024411893

    March 15, 2021 Sayreville Public Library Will & Power of Attorney Seminar via Zoom at 6pm Registration at sayrevillelibrary.org
http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=426879&PK=

March 3, 2021  at 12 noon 
 Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
  This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute presentation will be shown live on Facebook live.
  The presentation on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.
       For information or membership in Local 9, contact President JohnLeo Fedorka <jlaf57@gmail.com> Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth law enforcement. Any interested active and retired law enforcement and fire can attend the update on Municipal Court.  Please share.
    Retired Police & Fire Middlesex & Monmouth welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.
        Speaker: KENNETH VERCAMMEN, Esq. of Edison
                  Contributing writer for the NJ Police Chief Magazine
Editor: NJ Municipal Court Law Review, Retired    
 Past President Middlesex Municipal Court Prosecutors Assoc
       New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org
   About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA.  The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members, develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions.
To listen on Facebook Live
https://www.facebook.com/events/1382312715448127

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Saturday, February 20, 2021

STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE) (A-4207-19T4)

 STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE) (A-4207-19T4)

In this case of first impression addressing the proliferation of forensic evidentiary technology in criminal prosecutions, this appeal required the court to determine whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging, at a Frye hearing, the reliability of science underlying novel DNA analysis software and expert testimony. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). At the hearing, the State produced an expert who relied on his company's complex probabilistic genotyping software program to testify that defendant's DNA was present, thereby connecting defendant to a murder and other crimes. So long as the State utilized the expert, this court held that defendant is entitled to the discovery of the software's proprietary source code and related documentation under a protective order.

Wednesday, January 20, 2021

E604 NJLaws Newsletter

 

Joe Biden & Ken Vercammen












E604
1. President Elect Biden and Ken Vercammen in Edison
2. November is Elks Veterans Remembrance Month
3. NJ Judiciary’s Online Dispute Resolution (ODR) to let traffic ticket cases be handled online 
4 Happy Veteran’s Day  
5. November 16 Woodbridge Library Wills, Estate Planning & Probate Seminar
6. Charity Running events 


1. President Elect Biden and Ken Vercammen in Edison on 10/12/17. President Elect e Biden was born in Scranton PA. Ken V first met then Senator Biden in 1981 at the University of Scranton. Best wishes to the new administration.

2. November is Elks Veterans Remembrance Month
  An estimated twenty million Veterans are living in our communities. Each with a different story, they all shared a common pledge: to support and defend this country.

     The Elks have a pledge. “So long as there are Veterans, the Benevolent and Protective Order of Elks will never forget them.” And that’s as true today as it was more than 100 years ago, in 1918 when the Elks built a 700 bed hospital in Boston and donated it to the government, helping to create a precursor for today’s VA Medical Centers.

     This November, as well as every month of the year, Elks will serve thousands of Veterans across the country. When Veterans are hospitalized and recovering, Elks are there. When Veterans are living in a home away from family, Elks are there. When Veterans are exiting homelessness and moving into a home, Elks are there. Because Elks are always there for Veterans. Altogether, our volunteers served more than 1 million Veterans last year, in ways big and small.

      This Veterans Remembrance Month, we urge you to join the Elks in recognition of and service to the Veterans in your community. Let us remember the words of Elk member and President John F. Kennedy who said, “As we express our gratitude, we must never forget that the highest appreciation is not to utter words but to live by them.”
     I have enjoyed my Community Elks membership in the Edison Elks for 28 years. Email Ken V if you are interested in information on the Elks.
Sat Nov 14 Come out and enjoy a brisk fall day at the Edison Elks! Could be the last one before cold weather gets here, so come enjoy your time with friends! Outdoor band, pay for food and beverage
https://www.facebook.com/bpoelodge2487Edison/
      There are nearly 1,800 Elks Lodges across the country with a total membership of around 800,000. Elks members must be American citizens who are at least 21 years of age and must believe in God. To learn more and to join us in service, visit www.elks.org

3. NJ Judiciary’s Online Dispute Resolution (ODR) to let traffic ticket cases be handled online 
Municipal Court Changes Allow for Case Resolution Without In-Person Appearance in minor traffic matters, parking tickets etc.
       The Judiciary’s Online Dispute Resolution (ODR) program, which started in mid-May in approximately 30 municipal courts, allows court users to dispute a charge and provide information or evidence to municipal prosecutors online. This is helpful in smaller cases no cost effective to hire an attorney
       The ODR program applies to 37 traffic offenses, such as speeding, red light, stop sign or failure to yield and other violations.
       Defendants in some towns can make their requests for review to the municipal prosecutor through NJMC Direct.  
   Plea-by-mail does not apply to serious offenses, including those resulting in the likelihood of a driver’s license suspension, jail time or community service. 

4 Happy Veteran’s Day  

         While in college I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army serving in the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy.
         Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on a trooper carrier crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy. 
         While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had hot nurses, the ones in Korea were not attractive. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists. 
   I posted a few photos my sister and I had on my facebook page
https://www.facebook.com/kenneth.vercammen

         My father in law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy. He is 94 years old and wears his Air Force hat every day.

5. November 16 Woodbridge Library 
Wills, Estate Planning & Probate Seminar Last program of the year
November 16, 2020
at 7pm Monday Virtual program Now on Zoom!
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY Free program open to the public, you do not need to be a Township resident to attend. 
   SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
Main Topics:
1. Dangers if no valid Will
2. The 2020 changes in Federal Estate and Gift Tax 
3. Power of Attorneys recommendations 
4. Living Will & Advance Directive 
5. Administering the Estate/ Probate/Surrogate
6. Avoiding unnecessary expenses and saving your family money

For questions about registration to this program please email wplref@woodbridgelibrary.org
732-634-4450

Registration is here 


6. Charity Running events 
 
11/15 Tom O'Reilly 'Inaugural' Turkey Trot 5k, Presented by Raritan Valley Road 9am
https://runsignup.com/Race/NJ/Somerset/TomOReillyTurkeyTrot5K

11/27  Born to Run 5 mile Freehold 11am Friday after Thanksgiving great Freehold FARC event.  
1128 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
11/29   Navesink Challenge 10k & 5k  10am 10:10 [Ken V runs 5k]

Jan 9, 2021 Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am  Start Location: Secret Mystery wooded area North Brunswick to be emailed to pre-registered. Only $20.00 via https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun

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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500   
website: www.njlaws.com


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