2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, June 20, 2018

E539 1. Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. 2. No good faith exception for errors in search warrant for apartment. 3. If DWI plea vacated with PCR, no criminal DWS. 4. May 1 Sayreville Senior Center 5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate 6. May charity Running Races Charity 7. Memorial Day events 8. Kenneth Vercammen on News 12

Kenneth Vercammen, Attorney at Law 
April 24, 2018
1.  Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. 
2.  No good faith exception for errors in search warrant for apartment.
3.  If DWI plea vacated with PCR, no criminal DWS.
4.  May 1 Sayreville Senior Center
5.  Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6.  May charity Running Races Charity
7.  Memorial Day events
8.  Kenneth Vercammen on News 12

1. Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. The Super Lawyers list issued by Thomson Reuters, which manages West Publishing USA. 
A description of the selection methodology can be found at https://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
     Also, Kenneth Vercammen has been qualified by the NJ Supreme Court's the Board on Attorney Certification to be recognized as one of the few Municipal Court Law Attorneys.

2. No good faith exception for errors in search warrant for apartment. State v Boone (A-3-16)
   Because the warrant affidavit failed to provide specific information as to why defendant's apartment and not other units should be searched, the warrant application was deficient.
Here, no independent documentary evidence, such as a voting record, utility bill, or lease, was offered to corroborate Boone's address. No neighbor, informant, or controlled transaction demonstrated that Boone lived in Unit 4A. Police failed to provide the issuing judge a basis of knowledge from which to conclude that contraband would be found in the particular apartment. That is true regardless of whether the warrant application provided a basis for Boone's arrest because, as noted, probable cause to arrest a suspect is not synonymous with probable cause to search that suspect's apartment. Police lacked the facts important in Keyes, namely a reliable informant who could identify where Boone lived. Police here listed Boone's apartment unit as the targeted property in a conclusory manner, without any evidential basis as to how they knew that specific unit in a thirty-unit building contained contraband. The Court recognizes that the error here was likely an innocent oversight by the police. However, because New Jersey does not recognize an officer's good faith alone as an exception to the warrant requirement, the error demands reversal. 
         Because the State's warrant application did not include specific evidence as to why a judge should issue a search warrant for a specific apartment unit, the search warrant issued on the basis of that application was invalid. And, because the police search of Unit 4A was not supported by a valid warrant or justified by an exception to the warrant requirement, the search was unconstitutional. Therefore, the Court suppresses all evidence seized from Boone's apartment. The Court emphasizes that judges issuing search warrants must scrutinize the warrant application and tie specific evidence to the persons, property, or items the State seeks to search. Without that specificity and connection to the facts, the application must fail. 
3. If DWI plea vacated with PCR, no criminal DWS.  State v Faison A-3629-15T4 
     In this case, the court reversed defendant's conviction for operating a motor vehicle while his license was suspended for a second or subsequent driving while intoxicated (DWI) conviction, N.J.S.A. 2C:40-26(b). While defendant's license was suspended for a second DWI conviction when the police stopped him, before trial he successfully petitioned for post-conviction relief (PCR). The order granting PCR vacated his prior DWI convictions and remanded both matters to the municipal court for new trials. On remand, the municipal court dismissed one DWI charge, and defendant pled guilty to the other. 

         As a result of defendant's PCR and remand proceedings, at the time of his trial for violating N.J.S.A. 2C:40-26(b), he had only one prior DWI conviction. Accordingly, the State could not prove an element of the crime charged - a second DWI conviction - a prerequisite to the mandatory 180-day incarceration period imposed by N.J.S.A. 2C:40-26(b) and (c). 
4.  May 1 Sayreville Senior Center
Wills, Estate Planning & Probate Seminar- Last seminar of the Spring at 10am
423 Main Street                                                                      
Sayreville NJ 08872                                                                
     Open to the public. You do not need to be a resident.
SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA's "Wills and Estate Administration book")
       Main Topics:
1. NJ Estate Tax eliminated on Estates as of January 1, 2018 & Veterans Tax credit
2. The 2018 changes in Federal Estate and Gift Tax 
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys                                                                      
5. Living Will                                                                                    
6. Administering the Estate/ Probate/Surrogate 
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center 
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner. 
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year 
Past NJSBA GP Solo of the Year Edison, NJ
         Fees between $160-$190. More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, NJ 08901-1520   
Phone: 732-214-8500.    CustomerService@njicle.com
        Law students can attend for free, without material

6.  May charity Running Races Charity

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown http://www.cjbc.org
May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group
SAT, MAY 19, 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion
May 20, 2018 NJ Sharing Network 5k Long Branch 8:30 Sunday
May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
May 26, 2018 Spring Lake Five Mile Run    Saturday    8:30am then free food at Bar A.
5/27/18 Navesink 1.2 mile swim   8:15 AM
6/2/18   Elk's Flag Day Parade, Wildwood
6/2/18 RVRR Towpath Training run benefit Cancer Institute & post run picnic http://rvrr.org/events/training-run/

7. Memorial Day events
May 27, 2018 Edison Memorial Day Parade 12 noon Along Plainfield Avenue: Starting from Edison Library Division and ending at American Legion Post 435 Father & Son on Oakland Avenue for refreshments. 
       Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All male descendants, adopted sons and stepsons of members of the American Legion, and such male descendants of veterans who died in Service during World I, World War II, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, the Persian Gulf War and the War on Terrorism, during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for Membership in the Sons of The American Legion. Ken Vercammen is a member of the Sons of American Legion in Edison. Dues only $20.00 per year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave, 
Edison, NJ 08817
Phone: (732) 985-9768
5/28/18 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
May 28, 2018 METUCHEN AREA CHAMBER OF COMMERCE Annual Parade & Ceremony in honor of MEMORIAL DAY, Monday, -A Century of Service, Honoring our American Legion Post 65 & Boy Scout Troop 14 with Grand Marshals CW4 Isabella Giordano, U.S. Navy (Ret.) Verna Martin, U.S. Army (Ret.) 
   New PARADE route at 10am-From Brunswick Avenue & Edgar School, proceeding north on Main Street to New Street, to end at the Plaza for the CEREMONY at 11:30am

8.  Ken Vercammen was on News12 NJ TV again.
Kane in Your Corner. Odds of pothole damage reimbursement 'slim', discussing municipality liability
Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com