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1. Veteran’s Day - Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918. In 1954, Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.
2Kenneth Vercammen interviewed on New12NJ TV on waiver of Miranda rights after criminal arrest
3. Reasons to sign a Power of Attorney
4Upcoming Community Events:
1. Veteran’s Day - Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918. In 1954, Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.
While in college I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army serving in the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy.
Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on a trooper carrier crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy.
While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had hot nurses, the ones in Korea were not attractive. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists.
My father in law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy.
2Kenneth Vercammen interviewed on News12NJ TV on waiver of Miranda rights after criminal arrest
Miranda warnings require police to advise those arrested. If police forget to give Miranda warning, statement or confessions cant be used against that person. However, failure to give Miranda warnings does not invalidate an arrest.
Miranda applies not only upon arrest, but also upon custodial interrogation. However, failure to properly give Miranda warning does not stop the prosecution. It only throws out any confession. [and the fruit of the poisonous tree] The NJ Supreme Court this year held Miranda violated here where detectives failed to advise subject of charges State v. Vincenty237 NJ 122 (2019)
HELD: 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.
1. The right against self-incrimination is one of the most important protections of the criminal law. Individuals, as holders of the right, may waive the right against self- incrimination. Law enforcement officers must first advise a suspect of the right against self- incrimination before attempting to obtain a waiver of the right. The State carries the burden of proving beyond a reasonable doubt that the suspect’s waiver was knowing, intelligent, and voluntary in light of all the circumstances.
2. In A.G.D., detectives questioned the defendant at his home about allegations of sexual abuse. 178 N.J. at 59. The detectives did not tell the defendant that a warrant for his arrest had been issued. Ibid. The defendant confessed to the alleged sexual abuse and was subsequently convicted of related offenses. Id. at 60-61. Before trial, the defendant moved to suppress his confession. Id. at 61. The Court held that the defendant’s confession should have been suppressed, id. at 69, because the “government’s failure to inform a suspect that a criminal complaint or arrest warrant has been filed or issued deprives that person of information indispensable to a knowing and intelligent waiver of rights,” id. at 68. If suspects are not informed that a criminal complaint or arrest warrant has been filed against them, they necessarily lack “critically important information” and thus “the State cannot sustain its burden” of proving a suspect has knowingly and intelligently waived the right against self-incrimination. Ibid.
3. A.G.D. thus calls for law enforcement officials to make a simple declaratory statement at the outset of an interrogation that informs a defendant of the essence of the charges filed against him. That information should not be woven into accusatory questions posed during the interview. The State may choose to notify defendants immediately before or after administering Miranda warnings, so long as defendants are aware of the charges pending against them before they are asked to waive the right to self-incrimination.
4. Vincenty’s interrogation is precisely what A.G.D. prohibits, and it substantiates A.G.D.’s holding. Unaware that charges had been filed against him, Vincenty appeared willing and ready to waive his right against self-incrimination. However, when Vincenty was informed of the criminal charges filed against him, everything changed. His willingness to speak with the detectives dissipated. As that chain of events demonstrates, Vincenty’s ability to knowingly and intelligently decide whether to waive his right against self-incrimination was fundamentally altered when he was informed of the criminal charges filed against him. Withholding that critically important information deprived Vincenty of the ability to knowingly and voluntarily waive the right against self-incrimination.
5. The trial court and Appellate Division erred in holding Vincenty knowingly and intelligently waived his right against self-incrimination. Consideration of harmless error would not change matters here because some of Vincenty’s statements could be fairly characterized as inculpatory, and Vincenty’s conduct reveals that his decision to plead guilty was influenced by the trial court’s suppression ruling.
3. Reasons to sign a Power of Attorney
A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays.
The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability.
Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
4Upcoming Community Events:
November 16th, Miracle Madness Kickoff Party Edison Elks 7:30 Gypsy Kicks Band $20 includes food
November 18, Woodbridge Library
Wills, Estate Planning & Probate Seminar 7 pm Monday
Woodbridge Public Library
1 George Frederick Plaza
Woodbridge NJ 07095
732-34-4450
http://woodbridgelibrary.org/wills-estate-planning-probate-seminar
https://www.facebook.com/events/519832905429877/
November21st Thirsty Thursday Edison Elks
423 Main Street
Sayreville NJ 08872
open to the public
https://www.facebook.com/events/1095113354031388/
6. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V is running 60 charity races in 2019
11/16 Manasquan Turkey Run 5-mile 11am party at Leggett’s after race discount beer co sponsor Wakefern Shoprite jsrc.org Manasquan
11/23/18 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event
11/24 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
12/1/19 Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank elks[Ken V runs 5k]
Office for rent Professional Office Space available in Edison Law Office
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 approx 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
Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law.
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