2053 Woodbridge Avenue - Edison, NJ 08817

Friday, June 14, 2019

E561 1. Recent cases: Refusal to let police into home is not criminal interference. 2. Miranda violated here where detectives failed to advise subject of charges. 3. Organ and Tissue Donation and Transplantation helpful information. 4. LIVING WILLS in NJ 5. May 26, Edison Annual Memorial Day Parade, Edison Township 6. Edison Elks Community Pool Applications available 7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019 8. Charity running events May

In this Issue:
1. Recent cases: Refusal to let police into home is not criminal interference.
2.  Miranda violated here where detectives failed to advise subject of charges. 
3. Organ and Tissue Donation and Transplantation helpful information.  
5.  May 26, Edison Annual Memorial Day Parade, Edison Township
6.  Edison Elks Community Pool Applications available
7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019
8. Charity running events May
1. Recent cases: Refusal to let police into home is not criminal interference. State v. Fede.
     The Court stresses that the police officers had the right to enter defendant's home under the emergency-aid doctrine, which permits warrantless entry under circumstances like those presented in this case. Because defendant's refusal to remove the door chain did not constitute an affirmative interference for purposes of obstructing justice within the meaning of the obstruction statute, the Court reverses the judgment of the Appellate Division and vacates defendant's conviction. (A-53-17)

2. Miranda violated here where detectives failed to advise subject of charges. State v. Vincenty __ NJ __ (2019)
     The record reveals that the detectives failed to inform Vincenty of the charges filed against him when they read him his rights and asked him to waive his right against self-incrimination. That failure deprived Vincenty of the ability to knowingly and intelligently waive his right against self-incrimination. Pursuant to A.G.D., Vincenty's motion to suppress should have been granted. (A-40-17; 
3. Organ and Tissue Donation and Transplantation helpful information.        
   Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.
    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
     Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   
     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   
       Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.
By: Kenneth A. Vercammen, Esq.
       All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care.  States recognize in their laws and public policy, the personal right of the individual patient to make voluntary, informed, choices to accept, reject or to choose among various alternative courses of medical and surgical treatment.
       Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure.  For some individuals the possibility of extended life is experienced as meaningful and of benefit.  For others, artificial continuation of life may seem to provide nothing medically necessary or valuable, serving only to extend suffering and draw out the dying process.  States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make the necessary health care decisions to have life-prolonging medical, surgical, or procedure means provided, withheld, or withdrawn.
       States acknowledge the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.
       In order to assure respect for patients' previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients' interests both in their self-determination and well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and policy of this State and the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.
       The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law.  It must be signed and dated in front of an attorney at law, other person authorized to administer oaths, or in the presence of two subscribing adult witnesses.  If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence.  A designated health care representative shall not act as a witness to the execution of the advance directive.  Since this is a legal document, it must be executed properly to be valid under the statute.
       The declarant must designate one or more alternative health care representatives.  "Health care representative" means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.
       An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision.
       Treatment decisions in pursuit of an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician's opinion concerning the nature, cause, extent, and probable duration of the patient's incapacity.  This soon after shall be made a part of the patient's medical records.  For additional information or to have a "Living Will" prepared, see your attorney.  In addition, be certain your Last Will and testament is up to date.
Why should I consider writing an advance directive/ living will?
        Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can't make decisions yourself A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by family members, friends and health care providers. 
5. May 26, Edison Annual Memorial Day Parade, Edison Township
 Veterans, marching units, scout troops, youth sports leagues, high school organizations, floats, antique cars, local police and fire departments, and horse mounted individuals or units are invited to participate in the parade. Starts noon Sunday
The Parade will start at Division Street and continue down Plainfield Avenue to Jefferson Blvd and end at Father & Son Legion Post 435 at the intersection of Jefferson Blvd and Oakland Avenue.
American Legion Father & Son Post 435
43 Oakland Ave. [off Jefferson near Wick Plaza]
Edison, NJ 08817
732) 985-9768
Metuchen Memorial Day Parade & Ceremony  Monday, May 27, 2019
PARADE 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
Reception at American Legion Fugle Hummer Post 65 Metuchen
17 Calvin Pl,
Metuchen, NJ 08840 Phone: (732) 321-9594
6. Edison Elks Community Pool Applications available
      The Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the Edison Community and surrounding areas this summer.
      The Metuchen YMCA is not helping the Edison Community Pool this year. To join the pool for 2019, you need to join the Elks or Elks Auxiliary. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
     The renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters.
     The Swim team competes against area pools.
     Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Edison Pool Dates and Hours of Operation:
    The Pool opens on weekends from Memorial Day through June 23- Hours Sat. 11am-8pm and Sun.12-8pm.  The pool will be open from the summer starting June 23 through Labor Day
Thursday, Friday, Saturday, Sunday Swim lessons for children ages 4-6 and 7-8 also to be announced.
7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019
   Professionals, Attorneys, 5k runners, Law Enforcement, friends invited to Happy Hour & Networking Social
   Friday July 12, 2019
at Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
   Free !    
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM is $2.00 House Drinks, House Wine Bud/BudLt draft
   If your professional group, non-profit or organization wishes to co-sponsor the networking happy hour, please contact
2053 Woodbridge Ave. Edison, NJ 08817  
   Co-sponsored by NJ State Bar Association Municipal Court Section & several other organizations
     Outdoor & Indoor music, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
8. Charity running events May
May 24, 2019 "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. Chris K, maybe even Daniel-son

May 25, 2019 Spring Lake Five Mile Run    Saturday    8:30am then free food at Bar A. 5/25/19
May 26, 2019 Navesink 1.2 mile swim   8:15 AM
May 27, 2019 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
June 1, 2019 Avon 5k 6/1/19      Sat 8:30am     Avon-By-the-Sea       local First Aid squad   jsrc.org

June 1, 2019 RVRR Towpath Training run benefit Cancer Institute & post run picnic

June 2, 2019 George Washington Bridge Challenge Sunday, 20195k 7:45 am
June 8, 2019 PEYTON'S PROMISE 5K RUN Saturday, Sea Isle City.
  Editorial Assistance provided by Marina Dal Agnol.  Ms. Dal Agnol is currently participating in Kenneth Vercammen's Internship Program and will be entering her second year at Elisabeth Haub School of Law at Pace University.  

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

E560 1. Police can't detain occupants on noise complaint 2. Guilty finding vacated based on state failure to provide evidence 3. May events 4. New Jersey Super Lawyers 2020 5. Office space for rent 6. Charity Running Races

In this Issue:
1. Police can't detain occupants on noise complaint
2. Guilty finding vacated based on state failure to provide evidence
3. May events
4. New Jersey Super Lawyers  2020
5. Office space for rent
6. Charity Running Races
    Happy Mother's Day Carol Vercammen and all moms. My mom grew up in the Bronx to hardworking Irish- German parents. Our Higgins ancestors came to the USA from Ireland after the potato famine. My parents moved to Edison in 1962. Mom was very active in St. Francis School Metuchen's PTA, scouts and other activities, plus Metuchen First Aid squad. Mom continues to attend the grandchildren and our family events.

Recent cases: 1. Police can't detain occupants on noise complaint.  State v Chisum
   Once the renter of the motel room lowered the volume of the music and the police declined to issue summonses, the police no longer had any reasonable suspicion that would justify the continued detention of the room's occupants. Once the noise was abated, the police no longer had an independent basis to detain the occupants, or a basis to run warrant checks on them. Such action was unlawful. And because the detention and warrant checks were unlawful, the subsequent pat down of Woodard was also improper. The judgment of the Appellate Division is therefore reversed, and the matter is remanded to the trial court for the withdrawal of defendants' guilty pleas and further proceedings. (A-35-17/A-36-17; 079823/079835)

2. Guilty finding vacated based on state failure to provide evidence.  State v. Brown
   The State's failure to produce nineteen discovery items until one week after the beginning of defendants' murder trial did violate defendants' due process rights under Brady. The Court reaches this conclusion, in part, because the trial court abused its discretion by excluding admissible impeachment and exculpatory evidence withheld by the State. Though there is no evidence or allegation that the State acted in bad faith or intentionally in failing to timely produce the discoverable material, the Court nonetheless vacates defendants' convictions and remands for a new trial because defendants were deprived of a fair trial. A-23-17/A-24-17; 079553/079556)

3. May Events

May 13, 2019 Woodbridge Library; Wills, Estate Planning & Probate Seminar at 7pm
  WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY Free program open to the public, you do not need to be a Township resident to attend
May 15, 2019  Municipal Court 101 NJSBA Annual Meeting   
4:30 p.m. - 6:00 p.m. - Central Ballroom A/B Wednesday
Borgata Hotel 1 Borgata Way, Atlantic City, NJ 08401
Speakers: Kenneth A. Vercammen, Esq., Past Chief
Joshua H. Reinitz, Esq., Chair, Section
Hon. Ashlie C. Gibbons J.M.C., Newark Municipal Court
Hon. Harry D. Norton Jr., J.M.C., Pascack Joint Municipal Court
Ronald P. Mondello, Esq.,  
Gracia Montilus, Esq., GRM Legal Works, LLC
Peter H. Lederman, Esq.,  
    This is an introduction to municipal court for recently admitted attorneys or for anyone who is new to the practice area or wants a refresher. Experienced practitioners and judges will discuss important procedures, practical information and practice tips.

Law Student  free (must register by phone or faxed in registration form)
For more information, call NJSBA meetings Dept at 732-249-5000

4.  2020 SuperLawyer
   The selection process for 2020 New Jersey Super Lawyers and Rising Stars is underway. Attorneys canmake peer nominations by July 26, 2019. Help Super Lawyers create a credible, comprehensive and diverse listing of outstanding attorneys by nominating those excellent lawyers you have seen in action. When you nominate your peers, our research team will also review your own practice information.
   The nomination process is merely the first step in our research process, and nominations do not necessarily result in selection.
After the creation of the candidate pool, the research department evaluates each candidate based upon 12 indicators of peer recognition and professional achievement. Finally, candidates are evaluated by peers via the Blue Ribbon Panel.
     In April 2020, selected attorneys who have data verified will be published in:
  • New Jersey Super Lawyers Magazine
  • New Jersey Monthly
  • The attorney directory on www.SuperLawyers.com
Questions? Visit SuperLawyers.com/about/attorney_faq.html 
5. Office space for rent
2053 Woodbridge Ave.
Edison, NJ 08817
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.
The offices are located on the 1st floor of the building.
2 rooms office  
office room # 6 approx 12.4 x 9.4       
and front room appr 8 x 9 -office room # 5
plus use of reception room  16.6 x 7.2
and use of storage area in basement
   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison          
   $500 per month [was $600]
Call 732-816-4449

6.  Charity Running Races

5/11/19 Step Up for the Arc 5k Sat 9:00am Oak Ridge Park in Clark....
5/19/19 NJ Sharing Network 5k Long Branch 8:30 Sunday
05/19/19 President's Cup 5K, 4:00pm, Millburn, (s#051)(NBGP-700pts) USATF NJ OPEN MEN'S CHAMPIONSHIP Sunday PRESIDENT'S CUP 5k, Millburn

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

Thursday, June 13, 2019

E559 1. Strip search permitted for indictable cases. State v Brown 2. OK for Rutgers University police officer to stop and arrest a defendant for DWI. State v. Goines 3. NJ MVC was required here to have hearing to suspend for Maryland DWI. 4. April Free community events 5. Charity Running Races

In this Issue:
1.    Strip search permitted for indictable cases. State v Brown
2   OK for Rutgers University police officer to stop and arrest a defendant for DWI.   State v. Goines
3.  NJ MVC was required here to have hearing to suspend for Maryland DWI.
4.   April Free community events
5.   Charity Running Races

1. Strip search permitted for indictable cases. State v Brown __ NJ Super. _ (App. Div. 2018)
The panel affirms the trial court's order denying defendant's motion to suppress five bricks of heroin seized from defendant's groin area pursuant to a strip search following defendant's arrest for indictable drug offenses.
The panel addressed the strip search statute, N.J.S.A. 2A: 161A-1 to -10, which affords certain protections to persons who are arrested or detained for non-indictable offenses, and whether the Attorney General Guidelines for strip searches extend those protections to persons arrested or detained for crimes.
The panel concludes that neither the legislative history nor the plain terms of the statute authorized the Attorney General to promulgate Guidelines to extend the statute's protections to persons detained or arrested for crimes. The panel further concludes that the strip search was justified here by probable cause and reasonable exigent circumstances, thereby satisfying the Fourth Amendment of the United States Constitution, and Article I, Paragraph 7 of the New Jersey Constitution. (17-06-1207)
2 OK for Rutgers University police officer to stop and arrest a defendant for DWI State v. Goines N.J. Super. Law Div. Docket NO. MA-37-2016
The state appealed the ruling of a municipal court judge that determined a Rutgers University Police Officer lacked jurisdiction to stop and arrest defendant for DUI. The officer allegedly observed defendant illegally cross a double-yellow line, after which she activated her lights and pulled over defendant in the city of New Brunswick. Defendant was transported to the police station for an Alcotest, which revealed a BAC of 0.14%. Before the municipal court, defendant moved to dismiss the DUI summons for lack of jurisdiction. Defendant cited a memorandum of understanding between Rutgers and New Brunswick that permitted Rutgers police officers to enforce motor vehicle laws on certain streets; because defendant's arrest did not occur on one of those streets, the municipal court judge granted defendant's motion. On appeal, the court reversed the ruling of the municipal court. The court noted that, in isolation, Title 18A appeared to preclude university police officers from enforcing traffic laws off-campus except at the request of municipal authorities. However, the court found that the Motor Vehicle Code also permitted "any law enforcement officer" to arrest someone for DUI. The court noted that this provision had been interpreted to permit municipal police officers to arrest drivers for DUI outside of those officers' territorial jurisdiction. The court interpreted the legislature's use of the term "any law enforcement officer" to mean that the legislature intended to expand the number of officials with authority to arrest drunk drivers. The court therefore held that it was consistent with the statute to give university police jurisdiction to enforce DUI laws. The court read this statute with Title 18A as preventing university police officers from being overtaxed, while not preventing those officers from stopping crimes occurring right before their eyes.                                                         Source: https://www.law.com/njlawjournal/almID/1541469624NJMA372016/
3. NJ MVC was required here to have hearing to suspend for Maryland DWI Held v. New Jersey Motor Vehicle Comm'n, N.J. Super. App. Div. Unreported  
       Plaintiff appealed defendant commission's final decision suspending plaintiff driver's license for 10 years, after plaintiff had pled guilty to DUI in Maryland. At the time of his Maryland conviction, plaintiff had three previous DUI convictions in New Jersey. Plaintiff opposed the suspension of his license, arguing that the length was excessive and challenging the equivalency of his Maryland conviction under New Jersey law. However, without holding an evidentiary hearing the MVC concluded that the Maryland statue for which plaintiff was convicted was substantially similar to the New Jersey statute for purposes of license suspension pursuant to the Interstate Driver License Compact. On appeal, plaintiff argued that his Maryland conviction was not substantially similar to a conviction under New Jersey law because the Maryland statute allowed for conviction with a lower level of impairment than required for conviction in New Jersey.
     The court agreed with plaintiff that he was entitled to an evidentiary hearing to establish the equivalency of his Maryland conviction. The court noted that while New Jersey permitted DUI conviction per se, based on a blood test, or by officer observation, Maryland permitted conviction "while under the influence of alcohol", "under the influence of alcohol per se", and "while impaired by alcohol". The court further noted that Maryland defined "impaired by alcohol" as a state less than intoxication where alcohol nonetheless affected one's coordination. Accordingly, the court concluded that further hearing was necessary to determine whether the "while impaired by alcohol" provision of the Maryland DUI statute was substantially similar to the observational provision of the New Jersey DUI statute.

4. April Free community events:
April 15th Clara Barton Branch Library at 6:30 PM Monday Free
141 Hoover Avenue Edison, NJ 08837
April 20 Happy 420 day.
May 2 ABA Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting  10:00 am - 11:00 am at the Marriott Marquis, NYC at the 2019 ABA Section of Litigation & GPSolo CLE Conference in New York, NYC Thursday 1535 Broadway, New York, NY 10036
Round table discussion Free to all attendees.
   Ideas to be discussed:
A Lawyer's Guide to Creating a Winning Estate Planning Practice
Ethically Building Your Practice using free and low-cost online methods
1.   Website specific http://www.njwillsprobatelaw.com
2.   Blog https://njprobate.blogspot.com
3.   Facebook Law Office
4.   LinkedIn- post articles, events
5.   YouTube
6.   Yelp for Business Owners
7.   Avvo Legal rating
8.   JD Supra
9.   Justia Lawyer Directory:
May 2, 2019 7:00 AM - 7:40 AM Thursday  Jog with Ken Vercammen & See Hudson River and Aircraft Carrier Intrepid
10am GPSolo Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting

5. Charity Running Races
Sat April 13, 2019 Colonia 5k Start St. John Vianney Church
Wakefern /Shoprite co sponsor

4/27/19              Lake Como 5k               Sat 10am   Start Bar A Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
4/28/19 Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or     40 Mile   now Starts at Franklin High School http://www.franklinfoodbank.org/events
5/4/19 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
5/5/19 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group.

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Editorial Assistance provided by Anthony Rizzo.  Mr. Rizzo is currently a senior at Rutgers University and is participating in Kenneth Vercammen's Spring Internship Program.
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2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com