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NJ LAWS EMAIL NEWSLETTER E493
Kenneth Vercammen, Attorney at Law
May 19, 2016
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Greetings!
In
this issue:
1)
Recent cases: PTI Pre trial intervention can be reinstated.
2)
Double jeopardy bars crime prosecution if a plea in municipal court.
3)
Welcome Summer Law Student Law Clerks 2016
4)
Free Simple Will, Power of Attorney or Living Will During Police Week.
5)
Reflections on Memorial Day.
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Recent
cases
1.
PTI Pre trial intervention can be reinstated State v AS-M
__
NJ Super __(App. Div. 2016)
The court held that a defendant terminated from the pre-trial
intervention (PTI) program may be reinstated upon reconsideration. Such a
reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1)
and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances
show the initial order terminating a defendant from PTI failed to adhere to
the requirements of N.J.S.A. 2C:43-13(e), including the obligation to
undertake a "conscientious judgment" to (1) adequately consider
whether the participant willfully violated the PTI conditions; and (2)
determine whether the defendant remains a viable candidate for PTI under the
original or modified PTI terms.
2.
Double jeopardy bars crime prosecution if a plea in municipal court
State
v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1
The defendant was arrested during an undercover drug operation.
Defendant was charged on a warrant with possession of a CDS with intent to
distribute on or near school property. Defendant was also charged on a
summons with a disorderly persons offense of possession of marijuana.
After defendant was indicted, he appeared pro se in municipal
court via videoconference after being incarcerated for a family matter. The
disorderly persons drug offense, which was not joined with the indictable
offense, was pending. Without the presence or participation of the State, but
in accord with the existing "practice," the judge amended the
offense to loitering and then took a plea from defendant. Predicated upon his
plea, defendant sought to bar the prosecution of the indictable charge.
The court held that the subsequent prosecution and conviction
on the indictable charge was barred under the "same evidence" test,
which is still recognized under state constitutional principles. The court
reasoned that the "fundamental fairness" doctrine did not apply,
notwithstanding the State's failure to join the disorderly offense with the
indictable charges and defendant's reasonable expectation that his plea to
the disorderly offense charge resolved all charges, which arose out of his
arrest.
3.
Welcome Summer Law Student Law Clerks 2016
Nicholas
C. Idler
WVU
College of Law
Brian
Lutz
Roger
Williams Law
Adam
Cardile
New
York Law
4.
Free Simple Will, Power of Attorney or Living Will during Police Week
To recognize National Police Week May 10-16, Kenneth
Vercammen's Law Office will provide a Free Simple Will, Living Will or Power
of Attorney for active Jersey Police Officers. The details are attached.
Appointments need to be scheduled by May 31.
I
appreciate the service provided by police who protect my family. We want to
say thank you to local police. Please call for the free probate consultation
and Will. I am the co-chair of the American Bar Association ABA Estate
Planning and Probate Committee. The ABA founded the "Wills for
Heroes" program.
Ken Vercammen served as the prosecutor for Cranbury Township,
Middlesex County for nine years. I established the Municipal Court Law Review
to provide information on recent criminal and traffic cases to New Jersey
police officers. We send out an email newsletter every two weeks if you are
interested.
Simple
Will or Power of Attorney for Central Jersey Police Officers to honor National
Police Week
To recognize National Police Week, the Kenneth Vercammen Law Office will
prepare a Simple Will for estates under $700,000 or Power of Attorney or
Living Will/Advance Directive for Police Officers. We appreciate the service
provided by police who protect my family. We want to say thank you to local
police. I am a member of the American Bar Association. ABA has created the
Wills for Heroes program.
Call 732-572-0500 to schedule a free confidential appointment. To accommodate
our schedule, all consults need to be completed by May 31.
IF
YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):
*
State law determines who gets assets, not you
*
Additional expenses will be incurred by your heirs and extra work will be
required by the heirs of their attorney to qualify an administrator
*
The Judge determines who gets custody of minor children
*
If you have no spouse or relatives, the State may take your property
*
The procedure to distribute assets becomes more complicated-and the law makes
no exceptions for persons in unusual need or for your own wishes.
*
It may also cause fights and lawsuits within your family
Call 732-572-0500 to schedule a confidential appointment. To accommodate our
schedule, all consults need to be completed by May 31. Must meet in person
with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at:
www.njlaws.com/will_Questionnaire.htm
WHY
SOMEONE ALSO NEEDS A POWER OF ATTORNEY?
A
Power of Attorney typically permits someone to pay your bills and handle your
finances if you become disabled. No one plans on disability, but it is best
to prepare ahead of time. A Power of Attorney (POA) is an appointment of
another person as one's agent to pay bills and handle finances during
disability I served as the prosecutor for Cranbury Township, Middlesex County
from 1991-1999 and continue to work closely with my friends in Law
Enforcement.
KENNETH
VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW
2053
Woodbridge Ave. Edison, NJ 08817 732-572-0500 vercammenlaw@njlaws.com
Contributing
writer for the NJ Police Chief Magazine.
Past
President Middlesex Municipal Court Prosecutors Assoc
Honorary
Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair-
ABA Estate Planning & Probate Committee
Contributing
writer for the NJ Police Chief Magazine.
Past
President Middlesex Municipal Court Prosecutors Assoc
Honorary
Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair-
ABA Estate Planning & Probate Committee
5.
Reflections on Memorial Day
Memorial Day used to be a solemn day of mourning, a sacred day
of remembrance to honor those who paid the ultimate price for our freedoms.
Businesses closed for the day. Towns held parades honoring the fallen, the
parade routes often times ending at a local cemetery, where Memorial Day
speeches were given and prayers offered up. People took the time that day to
clean and decorate with flowers and flags the graves of those that fell in
service to their country.
We need to remember with sincere respect those who paid the
price for our freedoms; we need to keep in sacred remembrance those who died
serving their country. We need to never let them be forgotten. However, over
the years the original meaning and spirit of Memorial Day has faded from the
public consciousness.
"If it is considered a holiday, why is it so? I consider
it to be a national day of mourning. This is how we observe this day in our
home. Because of what that day represents the rest of the days of the year
are our holidays." -- F L Lloyd West Chester, Pa USA
On Memorial Day we need to stop and pay with sincere conviction
our respects for those who died protecting and preserving the freedoms we
enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has
undermined the very meaning of the day. No doubt, this has contributed
greatly to the general public's nonchalant observance of Memorial Day."
-- VFW Memorial Day address
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Editorial
Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken
Vercammen's Summer Internship Program and currently a student at the West
Virginia University College of Law.
Editor's
Note and Disclaimer:
All
materials Copyright 2016. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is
included.
KENNETH
VERCAMMEN & ASSOCIATES, PC
ATTORNEY
AT LAW
2053
Woodbridge Ave.
Edison,
NJ 08817
(Phone)
732-572-0500
(Fax)
732-572-0030
website: www.njlaws.com
