2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, October 06, 2026

E762 VercammenLaw News

 

E762 VercammenLaw News

 

1 National Make-A-Will Month 

2 New Law Makes Parents Responsible for Children Public Brawls and Disorderly

3 October Events 

1. National Make-A-Will Month is observed every year to remind people of the importance of creating or updating a legal will.

National Make-A-Will Month takes place every year to remind people to create or update their wills.

Why It Matters

·      Protects loved ones: A clear will prevents family confusion and legal delays after you pass away.

·      Controls asset distribution: It ensures your property and investments go to the people or charities you choose.

·      Provides peace of mind: Taking action now removes future stress for your family during hard times

 

Why It Matters Cont.

·      Protect loved ones: Choose guardians for minor children and care plans for pets.

·      Control your assets: Decide how property, money, and investments are distributed.

·      Reduce stress: Prevent family conflict and legal confusion during a difficult time.

·      Support causes: Include charitable gifts and build a lasting legacy. 


Steps to Get Started

·      Inventory assets: List your bank accounts, real estate, and personal property.

·      Name an executor: Pick a trusted person to manage your estate.

·      Review beneficiaries: Update life insurance and retirement accounts.

·      Consider extra documents: Look into Powers of Attorney for finances and healthcare

2. New Law Makes Parents Responsible for Children's Public Brawls and Disorderly acts

A new law in New Jersey that went into effect earlier this year makes parents liable when their child incites a public brawl that causes property damage. Parents of children who commit the most serious offenses could face up to six months in jail and a $1,000 fine.


Parents and guardians can have enormous influence over the children in their care, some proponents argue, so holding them accountable could give them another incentive to keep their children in school, enforce rules and steer them away from crime.

New Jersey Assembly Bill A4651 establishes strict legal penalties and parental fines for conduct related to public brawls and disorderly group disturbances. 


Overview of the Law

·      Purpose: The law cracks down on rowdy pop-up parties, flash mobs, and public fights.

·      Enactment: It was passed by the legislature and approved as public law (P.L.2025, c.245).

·      Goal: It holds both participants and negligent parents accountable. 


Parent and Guardian Penalties

·      Property Damage: Parents or legal guardians face a $1,000 civil fine if their supervised juvenile causes property damage through improper behavior and the adult showed willful or wanton disregard in supervising them. 

·      First Offense: If a juvenile incites a public brawl, an irresponsible parent or guardian is guilty of a petty disorderly persons offense.

·      Repeat Offense: A second or subsequent offense by the juvenile upgrades the adult's charge to a disorderly persons offense. 



Offense Levels and Punishments

·      Petty Disorderly Persons Offense: A low-level criminal charge for a first-time failure in supervision regarding a brawl.

·      Disorderly Persons Offense: Punishable by up to six months in jail, a fine of up to $1,000, or both. 

3. October Events 


October 10, 2026  TROJAN 5K & FUN RUN Saint Thomas Aquinas High School Edison, NJ 08820

https://runsignup.com/Race/NJ/Edison/STAHS1STANNUALTROJAN5KFUNRUN

 

October 25, 2026 JSRC Deal Trick or Trot

Registration Confirmation

JSRC Deal Trick or Trot

 

October 28th Middlesex Bar MCBA Annual Memorial Ceremony

Wednesday at 9:00am

Middlesex County Administration Building

JFK Square (Bayard Street Entrance)

New Brunswick, New Jersey 08901

County Commissioners Meeting Room, New Brunswick

Deceased members to be memorialized: Linda Alfonso;

Timothy Dye; Manny Gerstein; Hon. Lawrence Lerner;

John Charles Shamy; Mark Stanton; Howard Teitelbaum;

Hon. Alexander Waugh, Jr.; Michelle Wegodsky; & Christopher Wood

All MCBA Members Welcome to Attend. No RSVP Required.

 

October 29, 2026 at Edison Senior Center

Wills, Estate Planning & Probate Seminar Presentation

10:30-11:30

Edison Senior Center       

2963 Woodbridge Ave,

Edison, NJ 08837

Join the Edison Seniors to attend.



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Tuesday, September 29, 2026

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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