2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, August 01, 2012

E402 NJ LAWS Email Newsletter

NJ Laws Email Newsletter E402
Kenneth Vercammen, Attorney at Law   

August 1, 2012

Office Phone Number:   
(732) 572-0500

In This Issue:

Recent Cases:

 1. Juvenile 
 Can be Expunged.  

 2.  Police Could 
 Search Car Involved 
 in Robbery Without a  Warrant.

 3.  Volunteer Legal
 Interns Needed for  
 Public Defender of 

 4. New YouTube Videos
 for this Week....
 Rights Upon Arrest
 Divorce in NJ

 5. ABA Chicago 
 Seminar-Elder Law,  Estate  Planning &  Probate

Recent Cases:
1. Juvenile Adjudications Can be Expunged. In the Matter of the Expungement Petition of J.B. ___ NJ Super. ___ (App. Div. 2012) A-1564-11. 6-21-12

  In this appeal from the denial of a petition to expunge juvenile adjudications and an adult conviction, the court construes the 1980 statute permitting expungement of juvenile adjudications. L. 1980, c. 163, codified at N.J.S.A. 2C:52-4.1. The court concluded the trial court misinterpreted the unnumbered paragraph in N.J.S.A. 2C:52-4.1(a), "For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult." In view of the legislative history of the 1980 statute, and canons of statutory construction, the court construed the quoted sentence to apply only to applications to expunge juvenile adjudications under N.J.S.A. 2C:52-4.1(a). The 1980 law was intended to allow expungement of juvenile adjudications, which was not otherwise permitted; there was no evidence the Legislature intended to make expungement of adult convictions more difficult by treating juvenile adjudications as if they were adult convictions. Applying the court's reading of the statute, petitioner was entitled to expungement of his entire record of multiple juvenile adjudications under N.J.S.A. 2C:52-4.1(b). Also, although the court mistakenly applied the quoted sentence to render petitioner's juvenile adjudications equivalent to adult convictions, the court correctly denied the petitioner to expunge the adult conviction because it was filed less than 10 years after completion of the sentence, N.J.S.A. 2C:52-2(a), and petitioner failed to establish that expungement after just five years was "in the public interest," N.J.S.A. 2C:52-2(a)(2). 

2. Police Could Search Car Involved in Robbery Without a Warrant. State v. Minitee ___ NJ ___ (2012) A-70/71-10. 6-14-12

  Under the circumstances of this case, the trial court correctly denied the defendant's motion to suppress because the warrantless search of the SUV that was involved in the robbery fit within the scope of the automobile exception to the search warrant requirement. 

   The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites Law School and college students to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and Friday morning court sessions.
Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM,   every other Friday 9-12, plus hearing preparation work, Motions.

Volunteer Internship Description:

- Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

- Make demands for Discovery on Prosecutor and review police reports

- Attend hearings and learn from experienced trial attorneys

- Prepare Motions to Suppress Evidence and Motions to Compel Discovery
- Conduct appropriate Legal research
- Learn how to add recent reported cases to the NJ Criminal Law blog
- Acquire skills in Criminal Law and Procedure by active participation
- Participate in Public Relations activities and help organize seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
    NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
  Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. You must have a car to get to and from the courts.
Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week.
This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. We attempt to give assignments, which will be meaningful and memorable but, nevertheless, expect that interns will pitch in on whatever needs to be done to help clients. 

This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills. You will handle a client's file and learn details on running a successful law practice. This will not be a brief writing and photocopying clerkship.
       Additional information on internships at:       http://www.njlaws.com/intern.htm

       Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Emails not accepted. After sending the resume and cover letter, call the office to schedule an interview.

Mail or fax cover letter and resume to:

Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030

4. New YouTube Videos for this Week


5.  ABA Chicago Seminar--Elder Law, Estate Planning & Probate  
Saturday, August 4, 2012 
at 2:00pm - 3:30pm
ABA Annual Meeting Chicago
Hyatt Regency Chicago
Columbus Hall G, Gold Level, 
East Tower

Learn from nationally recognized experts on using new techniques to improve service to Elder Law & Estate clients. Forms & briefs will be provided to all attendees.


Kenneth A. Vercammen, Esq. - Chair ABA GP Elder Law Committee & co-author "Nuts & Bolts of Elder Law", Edison, NJ

Charles Sabatino, Director of the ABA's Commission on Law & Aging

Sameer Chhabria, Esq. Chicago

Elder Law program Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section

Getting referrals from other professionals

The aftermath of the Terry Schiavo case and Living Wills.

Forms you can use

   Email newsletters

How to manage telephone conversations with your clients

Marketing with written fee agreements

Ethics and marketing without violating the Rules of Professional Conduct

Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.

[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]

Contact American Bar Association's at 800- 285- 2221 for ABA meeting registration

   Editorial Assistance provided by Ryan Amberger.  Mr. Amberger will be entering his second year at Rutgers School of Law - Newark.  He is currently participating in Kenneth Vercammen's Summer Internship Program.

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Follow Us On:
Linkedin: http://www.linkedin.com/in/kennethvercammen  

NJ LAWS Email Newsletter E401 1. New FREE Mobile App for Smartphones Available Now! 2. Defendant Entitled to Hearing for Post-Conviction Relief. 3. Domestic Violence Requires a Dating Relationship. 4. New YouTube Videos for this Week. 5. Reminder: You are Invited to Kenneth Vercammen's Annual Summer Blast Happy Hour.

NJ Laws Email Newsletter E401
Kenneth Vercammen, Attorney at Law   

July 18, 2012

Office Phone Number:   
(732) 572-0500

In This Issue:

1. New FREE Mobile App 
for Smartphones Available 

2. Defendant Entitled to Hearing for Post-Conviction Relief.

3.  Domestic Violence Requires a Dating Relationship.

4. New YouTube Videos for this Week.

5.  Reminder: You are Invited to Kenneth Vercammen's Annual Summer Blast Happy Hour. 


1. New FREE Mobile App - Criminal & State Statutes Available now for Smartphones. App will be ready for iPhones and other Apple products in August!  This is a good App for Attorneys, Police, Court Staff, Criminal Justice Workers, Etc... 

Click the link below to get started... 


This App contains a detailed list of New Jersey Criminal and Traffic statutes as well as informative articles by the past Municipal Court Attorney of the Year in New Jersey, Kenneth Vercammen, Esq.

Since 1985, KENNETH VERCAMMEN has practiced law in New Jersey and has an extensive resume of legal accomplishments.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications include New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

New Cases:  
2. Defendant Entitled to Hearing for Post-Conviction Relief. State v. Santos 210 NJ 129 (2012)
         The grant of an evidentiary hearing in which defendant was to be permitted to provide telephonic testimony must be reversed and the matter remanded for full reconsideration by the post-conviction relief (PCR) court as to whether defendant can meet the standard for entitlement to an evidentiary hearing under State v. Gaitan, 209 N.J. 339 (2012).

3. Domestic Violence Requires a Dating Relationship, Not Just Dancing. S.K. v. J.H.___ NJ Super. ___ (App. Div. 2012) A-1358-11T2. 6-6-12
         Plaintiff brought this suit pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C: 25-17 to -35, as a result of being atrociously assaulted by defendant, who, along with plaintiff, was on a trip to Israel with approximately 40 others. In seeking to prove the existence of a "dating relationship," plaintiff was able to show only that, on the evening of the assault, she and defendant sat together, danced together, and were together for a few hours at the bar. The trial court found a "dating relationship" and entered a final restraining order. In considering defendant's appeal, the court deferred to the trial judge's finding that the parties' interactions constituted a "date" but rejected the argument that this one date constituted the "dating relationship" required by the act. Although the Legislature did not expressly define what it meant by a "dating relationship," the court found from the majority of those other states that have defined the term that a "dating relationship" is a romantic social relationship, which is further defined by its frequency and duration but which excludes casual or ordinary fraternization between two individuals in a business or social context. As a result of this generally accepted meaning of "dating relationship," the court held that a single date was insufficient and reversed.

4. New YouTube Videos for this Week

Cite: http://www.youtube.com/watch?v=JN8FQX12Vk4

Other Kenneth Vercammen, Esq. YouTube videos can be found at:

5. Reminder: Kenneth Vercammen's Annual Summer Blast Happy Hour
Friday, July 20, 2012
5:00PM - 7:00PM

Bar Anticipation "Where Summer Never Ends"
703 16th Avenue
Lake Como/ Belmar, NJ 07719
   Free for you and two friends.

5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud / Bud Light draft & House Wine Specials
We will be at the outside Boardwalk Bar under the tent.  
Email Ken's Law Office so we can put your name on the VIP list for wristbands at:VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope or drop off at: Kenneth Vercammen Law Office

Editorial Assistance provided by Dipa Patel. Ms. Patel will be entering her third year at Florida Coastal School of Law.  She is currently participating in Kenneth Vercammen's Summer Internship Program.

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Follow Us On:
Linkedin: http://www.linkedin.com/in/kennethvercammen