2053 Woodbridge Avenue - Edison, NJ 08817

Friday, October 15, 2010

e346 1.Assignment Judge Can Designate Other Municipal Court Judges to Sign a Warrant. 2. In Sussex County, no SLAP on DWS based on DWI. 3. Nex

NJ Laws Email Newsletter E346
Kenneth Vercammen, Attorney at Law

August 4, 2010

In This Issue:
1.Assignment Judge Can Designate Other Municipal Court Judges to Sign a Warrant.
2. In Sussex County, no SLAP on DWS based on DWI.
3. Next Legal Seminar... 2010 Significant Municipal Court Cases.
4. Professional Office Space Available.

Office Phone Number:

(732) 572-0500
Greetings Kenneth Vercammen, Esq.,
Thank you to everyone who came to our office and helped me celebrate our 25th Anniversary in practicing law Friday.
Get your Will done before this Summer is over. Individuals spend more time planning their vacations, than getting their finances in order. Call our office to schedule your Will Consultation (732) 572-0500.

1. Assignment Judge Can Designate Other Municipal Court Judges to Sign a Warrant. State v. Broom-Smith 201 NJ 229 (2010)

The Court affirms the Appellate Division's determination that N.J.S.A. 2B:12-6 and Rule 1:12-3, which address the designation of judges, were broad enough to authorize the Berkeley Township municipal judge to issue the search warrant for defendant's house in Dover Township under the circumstances presented in this case.

2. In Sussex County, no SLAP on DWS based on DWI. State v. White ____ NJ Super. ______ (Law Div. 2010) Sussex County, Docket No. 1904-BT-033744 Decided on January 26, 2010.

The term of imprisonment set forth in N.J.S.A. 39:3-40(f)(2) for a person whose license has been suspended for drunk driving may not be served in a Sheriff's Labor Assistance Program or other noncustodial program. Source: 200 N.J.L.J. 298

3. 2010 Significant Municipal Court Cases

August 9th Monday,

4:30 p.m. MCBA Office - 87 Bayard Street, New Brunswick, NJ 08901


Kenneth Vercammen, Esq.

Kenneth Vercammen & Associates - Edison

William G. Brigiani, Esq.

Brigiani & Cohen - East Brunswick

Some of the featured cases will include:

-State v. Handy (suppression granted where search based on dispatcher error)

-State v. Marquez (refusal does not stand if driver doesn't understand English)

-State v. Moran (Judge can suspend Drivers License for Traffic Offense)

-State v. Tsetsekas (DWI dismissed where more than 360 days lapsed)

-State v. Ugrovics (State must prove 20-minute observation prior to breathtest by clear and convincing evidence, but arresting officer can testify to observation)

-State v. Ciancaglini (prior refusal counts for 3rd DWI)

The cost to attend is $20 for Young Lawyers, $25 for MCBA Members and $50 for all others. Light refreshments will be provided.

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit.

To reserve online, click on the "Register for Event Now" button above. To reserve by mail, print out a meeting reservation form (see link below) and return with payment to: MCBA, 87 Bayard Street, New Brunswick, NJ 08901.

August 9th Municipal Court Seminar Reservation Form(pdf)

Info call 732-828-3433, x.102



Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients inEdison.

The offices are located on the 1st floor of the building.

2 rooms office approximately 12.4 x 9.4 and front room approximately 8 x 9 plus client use of reception room 16.6 x 7.2 and use of 2nd floor conference room $700 per month

Call 732-572-0500 Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury, Elder Law, and Criminal Law.

Available: Immediately

E350 1. Benefits and Pitfalls of Pre-nup A greements by Angela Barker, Esq. RECENT CASES: 2. Protective Sweep of Area by Police Som

E350 In This Issue:







1. Copy Fees for Public Records Reduced

Governor Christie signed into law:

Decreases certain public document copy fees; amount of fee dependent upon whether letter size page or legal size page

As amended, this bill decreases the fees set for copies of documents in various parts of the New Jersey statutes relating to government entities, excluding the court system. These Assembly floor amendments change the fees for copies of government records under the open public records act (OPRA) to 5 cents per letter size page or smaller, and 7 cents per legal size page or larger. The amendments also provide that access to electronic records and non-printed materials will be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs.

Citizens seeking documents under the Open Public Records Act soon will pay copy fees a fraction of what they once were, thanks to a new law signed Sept. 10. A-559, amending N.J.S.A. 47:1A-5, reduces copy rates to five cents per letter-size page and seven cents per legal-size page, down from a range of 25 cents to 75 cents per page. The law also amends other statutes - N.J.S.A. 22A:4-1a, N.J.S.A. 42:2B-65, N.J.S.A. 46:16-18 and N.J.S.A. 48:2-56 - to reduce fees for copies of notices received by county recording officers and of any documents kept on file by the Department of the Treasury, like financial disclosures filed by officials. Those fees are now 10 cents per letter-size page and 15 cents per legal-size page, down from a range of $1 to $2. The new fees take effect 60 days after enactment, or Nov. 9.

Source: Daily Briefing - 09/15/2010 Sponsors A-559/S-1212 (Cryan, Chivukula, Greenstein, Ramos, Rumana/Weinberg)

2. Parents Discussing Inheritances with Heirs

Many people are uncomfortable discussing with heirs how they will distribute their estate. Perhaps you don't want your children to realize how much they may receive after your death. Or you may think your choice of heirs could change in the future.

However, if you don't discuss your estate plan, disagreements and conflicts could erupt once the details of inheritances are revealed. For instance, siblings may resent each other if distributions are not equal. Children may resent a spouse from a second marriage if they feel that spouse is using up their inheritance. At that time, you won't be able to explain your thoughts and wishes regarding the distribution of your estate.

Discussing your estate plans will give you an opportunity to inform your heirs about the distribution of your estate and why you decided to do it in that manner. You can go into specific detail, informing heirs how each asset will be distributed, or you can give a general overview of your estate plan. If you have selected one heir as executor or trustee, explain why you chose that individual. As an alternative, you can leave a personal letter with your estate planning documents explaining these items.

Even if you reveal your plans to heirs, you may also want to include a personal letter. In that letter, include information about death and other benefits, special wishes, who should receive personal effects, your cemetery and funeral preferences, and the location of your safe deposit box and important documents.

At a minimum, specify where the following documents are located: income tax returns, life insurance policies, other insurance policies, investment details, a list of household contents, outstanding loan documentation, automobile titles, important warranties and receipts, checking account information, credit card details, and information about your home. This letter will help your heirs identify all assets and benefits and avoid speculation about your wishes.

Preparing the letter will also force you to organize your records and make sure all important documents can be easily located. Since the information is likely to change, review the letter at least annually.

Source: http://www.bizactions.com/n.cfm/page/e110/key/145884897G2286J3007507P24P1762T3/

Recent Cases:

3. Protective Sweep After Gunshot Sometimes Permitted on Private Property. State v. Davila _____ NJ _____ (2010) (A-20-09) 7/14/10

A protective sweep conducted on private property is not per se invalid merely because it does not occur incident to an arrest. Law enforcement officers may conduct a protective sweep only when (1) the officers are lawfully within private premises for a legitimate purpose, which may include consent to enter; and (2) the officers on the scene have a reasonable articulable suspicion that the area to be swept harbors an individual posing a danger. The sweep will be upheld only if it is (1) conducted quickly, and (2) restricted to areas where the person posing a danger could hide. When an arrest is not the basis for entry, the police must be able to point to dangerous circumstances that developed once the officers were at the scene.

4. Abandoned Bag Permits Search. State v. Carvajal 202 NJ 214 (2010)

The State satisfied its burden of proving by a preponderance of the evidence that the duffel bag was abandoned. Carvajal denied having any ownership or possessory interest in the bag, and the police attempted to identify other potential owners. Carvajal therefore had no standing to challenge the warrantless search of the bag.

5. Ken's Injury Status

I can use crutches but need to be careful not to put weight on leg.

I hope to volunteer at these races below if I get a ride from far away South Brunswick

10/9 The Rat Race-Fall 4 mile fun run Boston's in Toms River Hashing & free beer

10/10 Deal 5 miler 5k Deal hot dogs & free beer

10/16 Heights Pride 5k Spring Lake Hts or

10/24 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run discount beer

11/14 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090

11/20 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer

11/26 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am

11/27 Rumson hash annual Crazy Eddie memorial trail run, not race.

E351 1. Divorce in NJ 2. If not Enough Breath Supplied on Alcotest, Officer Must Read Additional Warnings. 3. Next Charity Races 4. Community

E351 In This Issue:

1. Divorce in NJ

2. If not Enough Breath Supplied on Alcotest, Officer Must Read Additional Warnings.

3. Next Charity Races

4. Community Events

1. Divorce in NJ

When individuals have family problems, family and service groups can often offer advice and help resolve problems. If separation or divorce is unavoidable, you should see an attorney for advice on how to protect your rights.

Areas to Discuss at Initial Interview

When you first meet with your attorney, you should discuss and ask questions regarding the following:

-Resolving marital problems

-Financial concerns involving child support, alimony, spousal support, pendente lite support and equitable distribution of property acquired during the marriage

-Determining child custody and visitation

-Grounds for divorce

-Domestic Violence Act and Restraining Order

-Legal Rights and procedures in court

-Retaining the attorney and payment for legal services and costs

Emergency Decision By The Court

If necessary the Superior Court can make temporary decisions regarding:

-Restraints to keep a violent spouse from harassing and interfering with your life

-Occupancy of your house, apartment or condominium

-Temporary custody and visitation of minor child

-Temporary financial support for children and spouse

-Injunction against disposal of personal property, real estate and other assets

-Other temporary orders in the discretion of the Judge

Grounds For Divorce

Under NJ laws a divorce may be granted for any of the following causes:


-Willful and continued desertion for 12 or more months, either physical desertion or refusal to have sexual relations with the other spouse may establish this cause.

-Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable.

-Separation, if separate and different places of living have been maintained for a least 18 consecutive months or more and there is no reasonable prospect of reconciliation.

-"No-Fault" is the familiar term for a divorce based on the separation for at least 18 months. Neither side needs to set forth allegations of fault or abuse. Court appearances are still required.

-Voluntarily-induced addiction or habituation to a narcotic drug or habitual drunkenness for 12 or more consecutive months.

-Mental illness which resulted in the spouse being kept in an institution for 24 or more

consecutive months after the marriage was begun.

-Imprisonment of the spouse for 18 or more consecutive months after the marriage was begun. ( This cause for divorce can be charged after the defendant's release from prison only if the husband and wife have not resumed living together after imprisonment of the spouse ended.)

What The Defendant Spouse Must Do

If served with a Complaint or demand letter from an attorney, you should immediately consult an attorney for advice. If you contest any of the statements in the complaint, you must have a formal pleading called an "answer" filed on your behalf. You can contest alimony, custody, child support and/or equitable distribution of property. You can also file your own complaint called a "Counter-Claim." Even if you do not object to the divorce, you should speak with your attorney because other issues could effect you for many years in the future. If an answer is not filed, a default will be entered against you and a judge will make a decision without your opinion. Thereafter, you will bound by the decision of the judge. Failure to obey all portions of the court order can result in financial penalties and arrest.

Case Information Statement

If child support, alimony and equitable distribution are in issue, both spouses must fill out a Case Information Statement (CIS). This demands comprehensive information regarding your weekly, prior year and current assets, and liabilities. The court will use financial information contained in the CIS to make a determination as to the amount of child support.


In addition to the CIS, in a contested matter, Court rules permit the attorneys to require the parties to supply written answers to interrogatories (questions), depositions, (verbal answers), produce documents or admit details.

Property Settlement Agreement

The parties may agree on signing a written agreement dividing marital property and setting forth support payments. A written agreement can be made prior to the complaint or pending trial. The agreement can provide for custody, visitation, alimony, medical expenses and insurance coverage.

After a husband and wife separate, and especially if they intend to divorce, it is desirable for them to enter into a written contract to provide for:

-division of real estate and personal property;

-support, if any, payable to the dependent spouse and children; responsibility for debts and legal fees;

-health and life insurance arrangements;

-custody and visitation of children.

Also included are many other items which set forth the mutual rights and duties of the two people. Such an agreement is a contract, but may be enforced as though it is an order of court, (except certain portions such as child custody, support and visitation, which may be modified by the Court), depending on its terms and contents. It is written by your attorneys and follows negotiations between you and your spouse and your attorneys.

Child Support

The judge will follow written guidelines when determining child support. The judge will look at the income of both parties and make an order compelling child support within the guidelines. The judge could also order medical and dental insurance, the payment of day-care and baby-sitting, private school tuition, and life insurance on each parent's life with the child as the beneficiary. The court may also order payment of future college tuition.

Who is responsible for the support of the children?

The law imposes a duty on both parents to support their children. This obligation exist even if the parents are not married, and it continues after divorce. In determining the amount of child support to be paid by one parent to the other, the court will consider the respective incomes, earning capacities, assets and needs of both parents, and the needs of the children. The Judge has a "chart" in which he must follow to determine the amount of support that can be compelled.

What is the procedure for obtaining spouse and child support?

A person seeking spouse and/or child support may file a motion for support in the Family Court, in many cases and in all cases involving welfare, a conference will be held by a hearing officer at which both parties will be required to disclose their respective incomes and assets and prove their respective needs. An attempt will be made by the hearing officer to have the parties reach an agreement as to the amount of support. If an agreement cannot be reached, the usual procedure is for the hearing officer to submit a recommendation to the court.

If either party is not satisfied with the recommendation, he or she may demand a hearing before the court at which the order could be modified. If both parties are satisfied with the order entered by the court on the hearing officer's recommendation, it will be the final order.

Can a support order be changed?

Either spouse or parent may seek modification (increase or reduction) of a support order if he or she can demonstrate that a material and substantial change of circumstances has taken place since the order was entered. An increase or decrease in earnings or an increase in the needs of the children as they grow older are examples of material and substantial changes in circumstances. Once a child reaches age 18, and is out of school the parents generally are no longer required to support that child. A motion must be made in the Superior Court to reduce or end support. However, if the child is unable to support himself or herself because of some physical, mental or emotional disability, the duty of support continues beyond 18. Parents may also be required to pay support to a child who is attending college.

Custody And Visitation

The "best interest of the child" is the basis on how the judge awards custody of the child. The mother is no longer automatically given custody of the children. The judge looks at the age and sex of the child, ability of the parent to care for the child, personal relationships and, if older, the wishes of the child. Visitation will also be ordered under most circumstances. An equal sharing of physical custody of children is also possible in appropriate cases.

As children get older, greater weight is given by the court to the child's preference as to which parent he or she wishes to reside. An important factor considered by the court is the continued residency of children in a familiar and stable home environment.

Courts are reluctant to disturbance existing arrangement if the children are doing well. The courts are also reluctant to split children between two parents because courts believe that it is in the best interest of brothers and sisters to remain together even though their parents have separated or are divorced.

Equitable Distribution

Most parties eventually reach an agreement to divide property. In New Jersey, each spouse is entitled to a share of the property acquired during the marriage. There is not an automatic 50/50 split. Rather, the judge will make an "equitable distribution" of property after hearing testimony. There is no magic formula. The judge has discretion.

Final Judgment

Upon agreement or after a trial, the judge will enter a "Final Judgment of Divorce". This will declare that the marriage has ended. The judge will sign the Final Judgment of Divorce and it will be filed with the Superior Court in Trenton.

The Final Judgment will also set forth items agreed upon or ordered, such as custody, support, and equitable distribution. After the Divorce, to make a change in support, custody, visitation etc, a formal motion must be made to the Superior Court. In this motion you must demonstrate a change in circumstances.

Our hourly retainer rates are $300 per hour in office and $325 per hour outside office. Minimum fee in uncontested Divorce $1,750 where the parties have no children and have a written property settlement agreement.

2. If not Enough Breath Supplied on Alcotest, Officer Must Read Additional Warnings. State v. Schmidt 414 NJ Super. 194 (App. Div. 2010) A-2237-08T4

In this opinion the court hold that (1) the police are required to comply with N.J.S.A. 39:4-50.2(e) by reading the standard language concerning the consequences of a refusal to take an Alcotest (part two of the Standard Statement) when a defendant unequivocally agrees to submit to an Alcotest but then fails without reasonable excuse to produce a valid sample and (2) the police have the discretion to discontinue the Alcotest and charge the arrestee with refusal without affording the arrestee the maximum eleven attempts that the Alcotest machine permits.

3. Next Charity races. If you have a big car, give Ken V a ride since he cant drive due to leg surgery. You can run or attend to help out. Volunteers receive a free T shirt and thanks from the charity

10/17 Sunday East Brunswick 1pm 5k & 10k RVRR well run event Road closed to traffic www.ebrr.org

10/24 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run discount beer

11/7 Sunday RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, South Brunswick, NJ Bob Tona's good event

11/13/2010 Colonial Park 5K Turkey Trot Colonial Park, Somerset 9:30

11/14 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090

4. Community events:

Middlesex County Democratic Organization 2010 Campaign Kick Off Dinner Rally Thursday, October 14 · 6:00pm - 9:30pm

The Pines Manor

2085 Route 27

Edison, NJ

*Door Prize*

Carnival Caribbean Trip for Two

6 PM Cash Bar

7 PM Dinner & Program

$40 Ticket

To purchase a ticket please contact Everett at 732-906-3680

or efalt@mcdonj.org


Friday, October 15 Opening night

Jackass 3D Movie starring Johnny Knoxville


Join Ken V and some friends to watch movie & have a drink


Commerce Center 18. 2399

Route 1 South North Brunswick, NJ 08902

Must be over 21

See photo of Brendan Vercammen & Johnny Knoxville at U of Miami http://www.facebook.com/kenneth.vercammen