Newsletter NJ Laws by Kenneth Vercammen, Esq.: April 2022

E637 VercammenLaw News

1. Recent cases: Stop sign conviction reversed where not afforded adequate notice of the charge against him to prepare a defense

2. Police could stop taxi where police saw drug transaction

3. Kenneth Vercammen is proud to be included in the 2022 "Super Lawyers" list

4. Next Spring 2022 Will Seminars

1. Recent cases: Stop sign conviction reversed where not afforded adequate notice of the charge against him to prepare a defense State v. Galloway

Defendant appealed from his conviction for failing to stop at a stop sign. Defendant was pulled over by a police officer. The officer did not inform defendant of the reason for the stop but instead issued two summonses, one for failing to stop, and a second for improper display of license plates that was later dismissed by the prosecutor. On the summons for failing to stop, the officer wrote that the violation occurred at the intersection of Kingsley and Swaine Streets. However, at trial the officer corrected by testifying that the infraction occurred at the intersection of Kingsley and Riggs Streets. Defendant argued that he had prepared a defense based on the infraction listed on the summons, as defendant had taken photos showing that there was no stop sign controlling defendant's direction of travel at the intersection of Kingsley and Swaine.

Defendant asked the municipal court to order disclosure of the officer's body cam footage, but the judge denied the request, stating that defendant should have requested the footage before trial. The municipal court ultimately credited the officer's testimony that defendant failed to come to a complete stop at the stop sign at Kingsley and Riggs. The municipal court did not amend the summons to reflect the correct intersection. Defendant appealed to the trial court, arguing that because the summons was never amended he was forced to defend himself against a violation he had no notice of. Defendant contended that if he had adequate notice he would have requested the officer body cam footage or obtained testimony from his passenger.

The Law Division court deferred to the municipal court and sustained defendant's objection, finding the error on the summons a minor technical deficiency. On appeal, the Appellate court reversed and remanded defendant's conviction, agreeing that he was not afforded adequate notice of the charge against him to prepare a defense. A-0273-20 unreported source Daily Briefing November 29, 2021

2 Police could stop taxi where police saw drug transaction State v. Stump

Defendant appealed his conviction for possession of Xanax without a prescription. Officers patrolling a "high crime" area saw defendant on sidewalk, watched him meet someone they recognized as being involved in narcotics distribution and observed them enter a taxi. Officers pulled taxi over for a traffic violation and alleged they saw defendant trying to secrete a pill bottle. They removed him from taxi, took pill bottle from defendant's hand, observed what appeared to be Xanax and arrested him. Defendant moved to suppress the warrantless seizure of the bottle. Defendant testified he waved a cab down to visit a friend in the hospital. Cab already had one passenger in it, stopped to pick up a third person and was pulled over. He asserted he was pulled from the vehicle, searched and officer took prescription bottle out of his pocket.

Trial court found police lawfully stopped taxi, defendant was lawfully removed from it because it was a high crime area, officer saw defendant moving frantically in taxi while holding pill bottle, officer was permitted to investigate and bottle was lawfully seized under the plain-view doctrine. Court found there was no evidence supporting a reasonable suspicion that defendant was engaged in illegal activity justifying his removal from the taxi and no facts supporting a seizure under the plain-view doctrine. A-1865-19 Unreported source Daily Briefing - 09-10-21

3. Kenneth Vercammen is proud to be included in the 2022 "Super Lawyers" list published by Thompson Reuters and New Jersey Monthly in the Criminal- DWI section.

Inclusion in Super Lawyers is a top achievement earned by attorneys who’ve demonstrated exceptional work in their areas of practice. In addition to its rigorous selection process, Super Lawyers also relies on peer review to ensure selected attorneys are held in the highest regard by their colleagues.

Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.

https://www.superlawyers.com/about/selection_process.html

Super required disclaimer: No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Ken Vercammen also is a Certified Municipal Court Law Attorney by the NJ Supreme Court. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

When hiring an attorney to go to court, ask them if they have had any trials in the past year. If the attorney says no, then they probably are no longer a trial lawyer. We would probably not want to have surgery with a doctor that has not done any surgery in a year.

Vercammen profile

https://profiles.superlawyers.com/new-jersey/edison/lawyer/kenneth-a-vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

4 Spring 2022 Will Seminars Ken Vercammen is speaker

March 31 South Amboy Library-Sadie Pope Dowdell Library

Wills, Probate & Estate Planning 2022 update at 6:30 pm Thursday

Live in person. Open to the public, free. You don’t have to be a resident to attend. www.dowdell.org

April 5 Woodbridge Library

Wills, Estate Planning & Probate Seminar at 7PM

This is a hybrid event! This event will take place in-person at the Woodbridge Main Library. If you do not feel comfortable attending the event in-person we will also be streaming the event via Zoom.

Free program open to the public, you do not need to be a Township resident to attend. Woodbridge Library

1 George Frederick Plaza

Woodbridge NJ 07095

https://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=12293&backTo=Calendar&startDate=2022/04/01

With Dave Selenko dselenko@theswrgroup.com

Sayreville Senior Center Wills and Probate for Seniors

April 21, 2022 at 11am in person

April 21 South Brunswick Library

Estate Planning and Probate 2022 at 7:00 p.m.

free Zoom program open to the public

https://www.facebook.com/events/300412152121563/

with Dave Selenko <dselenko@theswrgroup.com>