E759 VercammenLaw News

 

E759 VercammenLaw News 1 Have a Power of Attorney prepared for your college children and children traveling out of state 2 New E-Bike laws NJ and licensing requirements 3  Step us in Basis on certain Capital Gains on house and others at death   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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E758 VercammenLaw News

 

E758 VercammenLaw News 1 Ken Vercammen’s Wedding Anniversary 2 Read book: Murder in Old Forge, Pennsylvania 3 A NJ DWI/DUI conviction generally makes you criminally inadmissible to Canada.  4 Police removing passenger from the vehicle based upon an outstanding warrant were unreasonable 5 Trial court failed to ensure the defendant knowingly and voluntarily waived his right to counsel  6 Summer Happy Hour at Bar Anticipation August 7, 2026    Email now to attend 1 Happy Anniversary Cynthia Ken Vercammen’s Wedding Anniversary The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [became NJ Governor], Steve Vercammen To my Wife: Sometimes it's hard to find words to tell you How much you mean to me If I did anything right in my life, it was when I asked you to marry me and you said yes. You are my best friend. My goal in the next year is to be the best husband.  I LOVE YOU Always Forever Flintstones - Happy Anniversary https://www.youtube.com/watch?v=knp9-GY6fHE 2 Read Book: Murder in Old Forge, Pennsylvania - The Tragic Death of the Ziemba Children (True Crime)  by  Brian W. Kincaid (Author)  Format: Paperback   I enjoyed reading the book “Murder in Old Forge” I brought back scary memories when I was living in Scranton during the summer of 1981 while working for the Scranton District Magistrate.     I recall TV and newspaper coverage on missing children, then bodies found and wondering if the murderer was nearby. After the killer was arrested, I was asked by Pennsylvania State Police to be in a police lineup for witnesses to identify the killer as being near the location the kids went missing. A photo of the lineup is on the front page of the book. I was glad I was not “picked” by the witnesses.   Story of the book   On July 26, 1981, eight-year-old Cheryl Ziemba and her four-year-old brother, Christopher, disappeared from their backyard in Old Forge, Pennsylvania.      Within hours, hundreds of neighbors, police and firefighters were engaged in a frantic search, praying that they were not a town “snakebitten,” or cursed to misfortune. Two days later, all hope was lost when firefighters discovered the bodies of the children in an abandoned strip-mining pit. Pennsylvania State Police arrested their fifteen-year-old neighbor, Joey Aulisio, who was tried as an adult and sentenced to death by electric chair. Forty-three years later, Joey Aulisio still sits in prison.  Reading the book and actions of the killer reminds me of the line from the horror Halloween movie-  "nothing more than pure evil".  Author Brian W. Kincaid presents a definitive account of one of the most infamous crimes and sensational trials in the Commonwealth of Pennsylvania.     It was interesting  for me to remember names of persons I knew while living in Scranton. I had met the winning District Attorney Ernie Preate prior to the trial while working for the Scranton District Magistrate. Later as Attorney General he resigned and went to prison for mail fraud. Atty Joseph R. D'Andrea a college classmate who handled post-conviction matters for Aulisio and also represented our History professor who stole historic plates from museums. PCR Judge Vito P. Geroulo's wife was from Edison and I had referred cases to when he was still a trial attorney.      I would recommend this 208 page book for persons interested in a True Crime case with a rare death penalty case. https://www.amazon.com/dp/1467157155/ref=cm_cr_arp_d_btm?ie=UTF8 Book cover Murder in Old Forge: Young Ken V on right as volunteer for Lackawanna District Attorney Office in lineup. 3 A NJ DWI/DUI conviction generally makes you criminally inadmissible to Canada         Canada treats impaired driving as a serious crime (often equivalent to a felony). While you may be denied entry at the border, you may be able to enter by applying for a Temporary Resident Permit (TRP) or through criminal rehabilitation.  Key Considerations for Entering Canada with a NJ DWI: Inadmissibility: Even if the NJ DWI was a traffic infraction rather than a criminal conviction, it likely renders you inadmissible. Border Access: Canadian officials have access to U.S. criminal databases (NCIC) and can see your driving record. Rehabilitation (5+ years): If at least five years have passed since you completed your probation/sentence (including fines/license suspension), you may apply for "deemed rehabilitation," which can permanently resolve the issue. Temporary Resident Permit (TRP): If you need to travel urgently and it has been less than five years, you can apply for a TRP, which allows temporary access for a specific reason. 10-Year Rule: Prior to 2018, automatic rehabilitation occurred after 10 years; however, with increased penalties, a DUI conviction now rarely qualifies for automatic rehabilitation.  This is a reason why many persons will fight a DWI charge then appeal up if found guilty. Entering Canada with a DUI offense  Canada may or may not allow persons with DUI convictions to enter their country. Depending on the crime, and how long ago it was committed, and how you have behaved since the conviction, you may still be allowed to come to Canada if you: convince an Canadian immigration officer that you meet the legal terms to be deemed rehabilitated, or applied for rehabilitation and were approved, or were granted a record suspension, or have a temporary resident permit For more information, visit Canada Border Services Agency (CBSA) Overcome criminal convictions page.    Travelers who require in-depth information regarding the process of applying for a waiver or other admissibility questions can contact the CBSA during regular business hours, Monday through Friday, from 8:00 am to 4:00 pm (except for Canada, federal statutory holidays) by calling (506) 636-5064 or (204) 983-3500. For additional information, visit the CBSA home page at http://cbsa-asfc.gc.ca/menu-eng.html or http://cbsa-asfc.gc.ca/contact/bis-sif-eng.html For information for non-Canadians, see http://cbsa-asfc.gc.ca/noncan-eng.htm More info at https://www.help.cbp.gov/s/article/Article-1409?language=en_US 4 Recent cases Police removing passenger from the vehicle based upon an outstanding warrant were unreasonable.   State v  Delbridge  The state appealed from an order granting the defendants Anthony Delbridge's and Joel Lopez's motions to suppress physical evidence – controlled dangerous substances, heroin, and a handgun – obtained during a stop of Lopez's car while Delbridge was a passenger. The Appellate Division affirmed the lower court, concluding the actions of the police after properly arresting and removing Delbridge from the vehicle based upon an outstanding warrant were unreasonable. Unreported Source Daily Briefing - 4/3/26 Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/04/police-delbridge-from-vehicle-based.html State of New Jersey vs. Anthony Delbridge, et al. (Hudson County and Statewide) 5 Trial court failed to ensure the defendant knowingly and voluntarily waived his right to counsel   State  vs. Battaglia   The defendant Richard Battaglia appealed from a Law Division order affirming on de novo review his municipal court conviction after trial for violating a local Hanover Township ordinance prohibiting public littering. The Appellate Division reversed the conviction and remanded for a new trial, finding that the trial court failed to ensure the defendant knowingly and voluntarily waived his right to counsel, and because the record did not reflect a valid waiver. Unreported Source Daily Briefing - 3/24/26  Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/04/trial-court-failed-to-ensure-defendant.html State of New Jersey vs. Richard Battaglia (Morris County and Statewide) 6 Ken Vercammen & Professionals Annual Summer Happy Hour at Bar Anticipation August 7, 2026 at 6pm.     Email now to attend Happy Hour Co-sponsored by several Professional organizations, Chambers of Commerce, several Bar Associations, Elks, Knights of Columbus  & Civic groups   Music by Turnstyles band Featuring the best of Billy, Bruce and 80s and 90s Classics! Happy Hour Co-sponsored by several Professional organizations,      Fun people are invited. No cost to attend. Bring your friends. Pass this along. Please bring a canned food donation for the St. Matthews community food bank, continuing to provide food and help to individuals in need. https://www.facebook.com/events/1376787847429691       Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.   VercammenLaw@Njlaws.com Bar A is near the Belmar Train Station      If your group, non-profit or organization wishes to co-sponsor the Summer networking happy hour, please contact  KENNETH VERCAMMEN, Esq. 2053 Woodbridge Ave. Edison, NJ 08817  732-572-0500 VercammenLaw@Njlaws.com     It will not cost anything for nonprofit groups to co-sponsor the Happy Hour. Non-Profit groups can invite members and demonstrate they are providing fun inexpensive events for members.  The last Bar Anticipation Summer Happy Hour at had as Co-Sponsors 2019:  NJ State Bar Association Municipal Court Section Young Lawyers Division YLD NJ Business & Industry Association NJBIA Monmouth Regional Chamber of Commerce Lakewood Chamber of Commerce Retired Police & Fire Middlesex-Monmouth Local 9 Financial Planning Association of New Jersey Edison Elks BPOE #2487 charity dept Barter Depot Central Jersey Morning Mastermind Networking Group Business Law Section Casino Law Section Construction Law Section Criminal Law Section Dispute Resolution Section Elder and Disability Law Section Immigration Law Section Insurance Law Section Labor and Employment Law Section Local Government Law Section Minorities in the Profession Section MIPS  Taxation Law Section  Health Law Section Real Property, Trust and Estate Law Section Cannabis Law Committee Consumer Protection Law Special Committee Lawyers in Transition Committee  Government, Public Sector and Public Interest Special Committee Renewable Energy, Cleantech and Climate Change Special Committee Special Civil Part Special Committee School Law Committee Somerset County Bar Camden County Bar Association Hispanic Bar Association New Jersey Defense Association Paralegal Association of NJ

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