E747 VercammenLaw News

 

E747 VercammenLaw News

1 Bishop James Francis Checchio and Kenneth Vercammen at  St. Thomas Aquinas High School  2 Arrested at a St. Patrick’s Parade in NJ? 3 2026 nominations for its annual NJSBA “Municipal Court Practice Award”. 4 Domestic violence law PDVA was amended to include coercive control among the statutory factors courts must consider when determining whether to issue an FRO 5 Third Cell phone violation includes possible 90-day loss of license

1 Bishop James Francis Checchio and Kenneth Vercammen at  St. Thomas Aquinas High School Edison charity event.

Bishop Checchio and Ken Vercammen both attended the University of Scranton.     He previously served as Bishop of Metuchen from 2016 to 2025 and was promoted to serve as Archbishop of the Archdiocese of New Orleans.

 2 Arrested at a St. Patrick’s Parade in NJ?

Sometimes a good time gets excessive. Penalties if arrested     Over 100 police and law enforcement will be out at parades to charge persons for drunk & disorderly matters.  Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court  Jail 2C: 43- 8      jail  6-month maximum max                          probation 1-2 year                                                              community service  180 days maximum                          mandatory costs, VCCB and other penalties Disorderly- fines:     2C: 43- 3     $1,000 Fine  maximum         There are dozens of other penalties a court can impose, depending on the type of matter.    More info at https://www.blogger.com/blog/post/edit/6420448491658025618/2354841753249276313 2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he: (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2)Negligently causes bodily injury to another with a deadly weapon; or (3)Attempts by physical menace to put another in fear of imminent serious bodily injury. •     Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.       Resisting Arrest It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest. Often a crime of the fourth degree.     Indictable Crime Penalties    [Felony type]  [ Superior Court] •        Jail  potential          Fine max                 Probation •        1st degree             10- 20 years       $200,000 [presumption of jail] •     2nd degree                         5-10 years   $150,000 [presumption of jail] •     3rd degree                         3- 5 years    $15,000   1 year- 5 year •     4th degree                         0- 18 months       $10,000   1 year- 5 year Hindering Apprehension or Prosecution (2C:29-3) A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation. •     Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense. Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1)   Engages in fighting or threatening, or in violent or tumultuous behavior; or (2)   Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor. b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. “Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. ·      Petty Disorderly person - 30 days jail   maximum Petty DP $500 max Fine, VCCB and other penalties Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal.           2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty Jail 2C: 43- 8          potential jail  6 month maximum               probation 1-2 year max                                                                community service  180 days maximum                                   Disorderly- fines:    $500- $1,000 Fine  maximum  under 2C: 43- 3          plus mandatory costs, VCCO and other penalties        33:1-81 Underage drinking and Misrepresenting age to induce sale or delivery to minor fine 500-1,000, court costs and other penalties If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.       Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don’t give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.

3  Nominations for its annual NJSBA “Municipal Court Practice Award” 2026 Nominations may be of a New Jersey lawyer, prosecutor or retired judge, in good standing, who has evidenced: 1.      Public service in advancing the development of municipal court practice in New Jersey in the preceding year or cumulatively as lifetime achievements in the field.  2.      Dedication to the positive development of municipal court practice by publishing, teaching, and serving on municipal court practice committees.  3.     Commitment to significant and sustained pro bono representation or pro bono service in order to positively affect the administration of justice in municipal courts 4.      Leadership in municipal court practice activities on a state, county and local bar association level.     Nominations must be in writing and include both your and nominee’s name, address, phone, fax, and email address, along with detailed reasons in support of the nomination. Nominations are confidential and may be sent by mail, fax, or email, which must be received no later than 9am on April 15, 2026 to any of the following members,  Although the AOC does not permit an active Judge or court employee to receive the award, such nominations are not prohibited.  No nomination goes without formal recognition by the NJ State Bar Assoc. Submit to njsbamunicipalcourtaward@gmail.com Questions Joshua Reinitz, Past Chair, Mun. Ct. Practice Section joshreinitz@gmail.com Ken Vercammen, Past Chair, Mun. Ct. Practice Section  Kenv@njlaws.com Albert J Mrozik, Past Chair, NJSBA Mun. Ct. Practice Section mrozika@icloud.com Connie Bentley McGhee Esq. talk2connieesq@gmail.com   If you have no email: fax to Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817  Fax: 732-572-0030 4 Domestic violence law PDVA was amended to include coercive control among the statutory factors courts must consider when determining whether to issue an FRO.  S.M.T. VS. S.A.   The parties appealed from their respective denials of final restraining orders (FROs) against each other. S.M.T. alleged a series of incidents regarding physical abuse, forced sexual acts, and coercive control within the parties' marriage. Although the trial court concluded S.A. committed the predicate act of simple assault and recognized a prior incident of simple assault against S.M.T., it did not make specific findings with respect to the sexual assault allegations or coercive control and ultimately denied S.M.T. an FRO. It reasoned the proven incidents of physical assault amounted to "marital contretemps" for which an FRO was not necessary to protect S.M.T. from future harm because any risk could be handled in the existing family dissolution matter. The court disagreed and concluded S.M.T. proved the need for an FRO because she proved simple assault, sexual assault, coercive control, and established the likelihood of a risk of continued domestic violence. A pending dissolution matter is not the appropriate forum to address future risk of domestic violence, unless the parties have mutually agreed to civil restraints.     The court concluded if the predicate act involves physical force and violence, "the risk of harm is so great that the inquiry [regarding the secondary analysis of Silver v. Silver] can be perfunctory."  J.D., 207 N.J. at 488. In these cases, "the decision to issue an FRO 'is most often . . . self-evident.'"  A.M.C. v. P.B., 447 N.J. Super. 402, 417 (App. Div. 2016) (quoting Silver, 387 N.J. at 127). It would be rare for proven physical assault to be deemed mere marital contretemps, and the court found no reported decision where marital contretemps was relied upon as a basis for denying a restraining order where physical assault was a proven predicate act.     Additionally, effective January 8, 2024, the PDVA was amended to include coercive control among the statutory factors courts must consider when determining whether to issue an FRO. N.J.S.A. 2C:25-29(a)(7). (“Any pattern of coercive control against a person that in purpose or effect unreasonably interferes with, threatens, or exploits a person's liberty, freedom, bodily integrity, or human rights with the court specifically considering evidence of the need for protection from immediate danger or the prevention of further abuse.”) Coercive control is not among the predicate acts enumerated in the PDVA; rather, it is analyzed pursuant to the second prong of Silver.    The trial court failed to make findings regarding the allegations of coercive control in its analysis of prong two. S.M.T. detailed S.A.'s acts of coercive control in limiting her travel, controlling the family's finances and her access to money, surveillance by various electronic means, and depriving her of sleep using lights, television noise, and spilling water on her.     The trial court stated: "It's clear from the contentions that it's somehow recognized by [S.M.T.] that [S.A.] feels he has a right to exert certain authority over her, and again, the [trial court doesn't pretend to understand the actual tenets of the faith or culture in that regard." The court noted actual tenets of faith and culture are not relevant as to whether acts of physical assault, sexual abuse, or coercive control have occurred. Docket A-0973-24 Full opinion at Criminal Law- Recent Cases Vercammen Law https://njcriminallaw.blogspot.com/2026/02/pdva-was-amended-to-include-coercive.html 5 Third Cell phone violation includes possible 90-day loss of license     The fines for talking or texting on a hand-held wireless communications device were increased. More details at http://www.njlaws.com/39_4-97_3cellphone.htm      It is usually no cost effective to hire a trial attorney for $1,000 for a first offense cell violation. It is recommended for a 2nd offense or more. 39:4-97.3 d.A person who violates this section shall be fined as follows: (1)for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance; [no points]  (2)for a second offense, not less than $400 or more than $600 plus court costs and possible court appearance; [no points]    (3)for a third or subsequent offense, not less than $600 or more than $800 plus court costs . [Court appearance mandatory][3 points] For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

E746 VercammenLaw News

 

E746 VercammenLaw News 1 Photo Ken V with Mike Eruzione Captain of USA hockey team Miracle on Ice Olympic Hockey 1980  2  St. Thomas Aquinas Cross Country Team Undefeated Conference Champs to be inducted into St. Thomas Aquinas Athletic Hall of Fame. 3. What to do in an Accident and recovery for injured persons 4 Central Jersey St. Patrick parades & events 5 Congratulations to Prosecutor Jennifer A. Burgess  winner of the 2026 Municipal Court Practice Award Middlesex County Bar 6 NJ becomes latest state to legalize medical ‘Magic Mushroom’ therapy 7 No duty to a Non client & No Malpractice Claim from a Non-Client 1 Photo Ken V with Mike Eruzione Captain of USA hockey team Miracle on Ice Olympic Hockey 1980   February 22, 1980 was the Miracle on Ice, the greatest moment of 1980 ! I was a college athlete that year and the evil Russian/Soviets had invaded a neighboring country. The Miracle on Ice made us proud during the dark time when Iran held US hostages until Reagan took over for Carter. Watch Final Minute of the "Miracle on Ice" https://www.youtube.com/watch?v=qYscemhnf88 Eruzione Miracle on Ice Also watch a great 14 minute clip on the greatest sports story in history, so proud of that team https://www.youtube.com/watch?v=PHtOUV8fPo8 2  St. Thomas Aquinas Cross Country Team Undefeated Conference Champs to be inducted into St. Thomas Aquinas Athletic Hall of Fame.  MATTHEW SILVESTRI Athletics Director  ST. THOMAS AQUINAS HIGH SCHOOL... On behalf of St. Thomas Aquinas High School, it is my great honor and privilege to inform you that the 1975 Cross Country Team has been selected for induction into the St. Thomas Aquinas Athletic Hall of Fame. This recognition celebrates your outstanding accomplishments, dedication, and the lasting impact you made on Aquinas athletics. Your success during the 1975 season set a standard of excellence that continues to inspire our student-athletes today. More than wins and results, your teamwork, perseverance, and sportsmanship reflect the values that define St. Thomas Aquinas High School. The Athletic Hall of Fame induction is reserved for those individuals and teams whose achievements have made a meaningful contribution to our school’s proud athletic tradition. Your selection is a testament to the hard work, commitment, and legacy of the entire team. We are pleased to invite you to the Athletic Hall of Fame Induction Ceremony, which will take place on Friday, April 17th, at the Metuchen Country Club. We kindly ask that you please share this information with all of your former teammates. A formal invitation with additional event details will be sent in the coming weeks. This special evening will allow us to celebrate your accomplishments alongside family, friends, alumni, and members of the Aquinas community. Congratulations on this well-deserved honor. Thank you for the legacy you have left at St. Thomas Aquinas High School. With sincere appreciation and congratulations,   MATTHEW SILVESTRI Athletics Director  ST. THOMAS AQUINAS HIGH SCHOOL Edison, New Jersey  This featured the school’s first undefeated varsity team finishing with a 15-0 record.     The team was so strong they took top 4 runners in 13 out of 15 races, including winning the conference championship. Chris Heiser was the school’s first State champion. Fred Janiec won the county two mile. Ken Vercammen was a 3 time all conference runner and University of Scranton star.  Tom Kalanta won the 1/2 mile championship. Bob Horvath was conference 440 champ. Pete McEvoy, Gene Schreiner, Admiral Kevin Donegan Bob Dillon and Bill Bobowicz were among the other standouts. Many continued on to stellar collegiate careers. https://www.stahs.net/athletics/hall-of-fame https://www.facebook.com/events/1163543745858571 3. What to do in an Accident and recovery for injured persons Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured. More info at http://www.njlaws.com/accident.htm/    We sincerely hope that you and your family will enjoy safe motoring, free from accident. If however you do have an accident, to protect your legal rights, the following suggestions may be helpful: At The Accident Scene - 1. Stop . . . do not leave the scene of the accident (a) DIRECT OTHER TRAFFIC around the accident. (b) HELP THE INJURED but don't move them unless absolutely necessary. (c) CALL THE POLICE, tell them where the accident occurred and ask for medical help if needed. 2. Photos of damage to your car Take  Photos of accident site Get names, addresses, and license numbers of all drivers involved. ________________________________________________ ________________________________________________ 3. Get description and registration number and insurance information of all cars involved. _____________________________________ License Plate Number ____________________________________ Registration # Make ___________ Year _________ ____________________________________ Damage ______________________________________________________ Insurance Company ____________________________________ Insurance Policy Number 4. Get names and addresses of all witnesses (other than passengers) _________________________________________________ Name _______________________________________________ Address _________________________________________________ Phone _____________________________________________ Name _______________________________________________ Address _________________________________________________ Phone 5. Police Officers __________________________________________________ Department ________________________________________________ Officer. _______________________________________________ Badge No. ____________________ Officer. ____________________ Badge No. 6. Accident Information ____________________ Date Time ____________________ Location ____________________ No. of vehicles involved ____________________ Weather ____________________ Road conditions ____________________ Damage ____________________ Speed of the other car 6. Summary of accident ____________________ 7. Diagram of accident 8. Make sure no one is injured. If anyone is injured call an ambulance. If you have any reason to suspect you were injured in the accident, see a physician promptly. You'll want it on record that you sought treatment right away - not in a week or so . 9. Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of the their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses to anyone but the police, your attorney or your insurance company. 10. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the police, your attorney and with representatives of your insurance company. Give the other party only your driver’s license number, registration number and insurance information. - Be cooperative with the police. 11. Seek hospital attention. 12. Speak with your Doctor  13. Call your insurance company to report the accident. 14. Call: Kenneth A. Vercammen, Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you. 15. Never give a signed statement to the claims adjuster representing the other driver's insurance company. The same goes for a phone recording. They may be used against you in court. 16 . What you must always have in your car..... a.- Driver’s License b.- Car Registration c.- Insurance Card e.- A Working Pen f. – cell phone  (Ambulance/First Aid and Police) Copyright 2020 Vercammen Law 4 Central Jersey St. Patrick parades & events 2026 Ken V hopes to attend    March 1 Belmar St. Patrick Parade   Sun 12:30pm https://www.belmarparade.com Ken V will be marching with Friendly Sons of the  Shillelagh FSOS Belmar    March 8 Mt. Holly Burlington St Patrick parade & 5k Sat race 11am, parade 1pm     https://mounthollyparade.com March 9  Asbury Park St. Patrick Parade  [bring flask of Irish Coffee w Jamison if cold] @ 1:00 PM   Sunday,     http://asburyparkstpatricksparade.com Ken V will be marching with Friendly Sons of the  Shillelagh FSOS Belmar 3/14/26 North Myrtle Beach South Carolina St Patrick’s Parade  9am https://www.nmb.us/411/St-Patricks-Day-Parade-Festival Ken V will be marching with Friendly Sons of the  Shillelagh Carolinas March 28th, 2026 Keansburg St. Patrick’s Day Parade Saturday,  1pm kickoff https://keansburgnj.gov/keansburg-event/st-patricks-day-parade-march-26th-1pm/    Go to Half Moon     Other fun St. Patrick parades: 3/7/26 Ocean County/Seaside Heights  St Patrick Parade    Saturday  @ Noon  https://www.ocstpatricksdayparade.com/parade 3/13/26 Newark St. Patrick Parade   1pm  Friday https://www.facebook.com/groups/461283292161524 https://www.facebook.com/pg/NewarkParade/events/?ref=page_internal  Mar 17 NYC St Patrick parade 11am   https://www.nycstpatricksparade.org 3/15/26   So Amboy St. Patrick's Parade 2pm      Sunday          http://www.southamboyparade.com/ 3/21/26   Highlands St Patrick parade  2pm Saturday https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml  Other parades 3/14/26 Union County St Patrick's Day Parade.    Parade steps off at 1PM. Saturday   https://unioncountyparade.com/?fbclid=IwY2xjawP9Tq9leHRuA2FlbQIxMABicmlkETJLcEE1NGZIeVRia2RESXA2c3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHmLAKrCb4sklU7Pq4CPUZCD8ngbFFhWcEgyEPcyta2wAEUoc3n46Dr5h84_i_aem_u0qZXWB32beluRpJRpDeHQ   3/8/26  Woodbridge  St. Patrick's  Parade Same as Asbury              1:30 Sunday 3/21/26    Keyport St. Patrick Parade   1pm    https://www.facebook.com/p/Keyport-St-Patricks-Day-Parade-100063638707328/ 3/7/26 Guinness run Highlands   https://www.highlandsnj.com/Special_Events/Guinness_Run/GuinnessRun-page.shtml ___  ?Central Jersey Emerald Society Police bagpipes   https://www.facebook.com/cjpoliceemeraldsociety March __  Freehold St. Patrick's parade 12 noon   3/8/26 Rumson,   St. Patrick Parade & Festival  https://www.facebook.com/Rumsonstpats/photos/a.467232449983490.107380.467202036653198/1782068055166583/?type=1&theater 5 Congratulations to Prosecutor Jennifer A. Burgess  winner of the 2026 Municipal Court Practice Award Middlesex County Bar Previous Municipal Court Practice Award Winners                Mark Anderl   2025        Eric Morrell 2024          Prosecutor Lorraine Nielson 2023        Prosecutor Dave Spevack  2022 ·       Joseph S. Surman, Jr. - 2021 ·       Prosecutor Mark J. Cintron - 2020 Robert Adochio - 2019 Edward P. Shamy, Jr. - 2018 Tara Auciello - 2017 Prosecutor Joseph Lombardi – 2016 Jay Ziznewski - 2015 Renee Anthony (in memoriam) – 2014 James P. Durek – 2013 William G. Brigiani – 2012 Jeremy Solomon – 2011 Joshua Altman – 2010 Peter J. Hendricks – 2009 Kenneth A. Vercammen – 2008 James E. Trabilsy – 2007 Peter H. Lederman – 2006 6 NJ becomes latest state to legalize medical ‘Magic Mushroom’ therapy The law allows medical professionals to use the hallucinogenic compound found in some mushrooms to treat mental health disorders. Former Gov. Phil Murphy signed a new law in January legalizing the use of psilocybin, commonly known as magic mushrooms, as a medical treatment. State Sen. Nicholas Scutari (NJ-22), the president of the New Jersey Senate, sponsored the now-law in the Legislature. He described it to News 12 as a "psilocybin behavioral health assessment and therapy pilot program...to study the efficacy of the psilocybin product." The law permits designated medical professionals in New Jersey to use the hallucinogenic compound found in some mushrooms as a treatment for mental health conditions. More info at https://newjersey.news12.com/nj-becomes-latest-state-to-legalize-medical-magic-mushroom-therapy 7 No duty to a Non client & No Malpractice Claim from a Non-Client No duty to a Non client Christakos v. . Boyadjis ·       The Supreme Court adopt the standard set forth in Section 51 of the Restatement (Third) of the Law Governing Lawyers for determining when an attorney owes a duty of care to a non-client.  ·       Here, the defendant attorney did not owe non-client plaintiff Helen Christakos a duty of care under either Section 51(2) or Section 51(3). Full opinion at Vercammen Law Probate Blog https://njprobate.blogspot.com/2026/02/no-duty-to-non-client-christakos-v.html

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