Newsletter NJ Laws by Kenneth Vercammen, Esq.: November 2024

Happy Halloween October 31

1 Recent cases Police could not follow suspected drunk driver into garage

2 Disorderly person defendants not excluded from Recovery/Drug court

3 Woodbridge Library November 21, 2024

4. Office space for rent Edison

5 Will preparation online by a real NJ Attorney without having to travel to a Law Office

1 Recent cases: Police could not follow suspected drunk driver into garage

State v Mellody 479 N.J. Super. 90 (App Div 2024)

The court reverses defendant's driving while intoxicated (DWI) conviction because it was based on evidence obtained by a police officer following his unlawful entry into defendant's garage. The court remands for the Law Division judge to determine whether defendant's careless driving conviction can be sustained based on information learned before the officer unlawfully crossed the threshold of defendant's home.

The court addresses the circumstances in which a police officer may enter a suspect's residence in connection with a drunk or careless driving investigation. The court holds that while police have the authority to perform various "community caretaking" functions—such as determining whether a suspected drunk driver needs medical attention—they may not make a warrantless entry into a suspect's home to execute an investigative detention without consent or exigent circumstances. The court holds this rule applies to defendant's garage.

The court also holds this was not a fleeting or de minimus entry. The officer entered the garage to execute an investigative detention, that is, to seize defendant. The court stresses that even the brief entry of the home to effectuate the seizure of a resident is a significant constitutional intrusion. The court ultimately concludes the State failed to prove by a preponderance of the evidence the officer lawfully entered the garage to render emergency aid under the exigent circumstances exception.

2 Disorderly person defendants not excluded from Recovery/Drug court

State v Matrongolo 479 N.J. Super. 8 (App. Div 2024)

In this appeal, the court held individuals convicted of a disorderly persons or petty disorderly persons offense are not categorically excluded from Recovery Court under Track Two based on the classification of their conviction. The court first found the matter justiciable despite the defendant's death and then rejected the rationale that Recovery Court is available only to those convicted of a "crime," which disorderly persons and petty disorderly persons offenses are not under our Criminal Code.

3 Woodbridge Library November 21, 2024

Wills, Estate Planning & Probate Seminar

November 21, 2024

at 6:30. In person

This is where anyone can register for free:

https://woodbridge-nj.libcal.com/event/12588133

https://www.facebook.com/events/4112937185740

4. Office space for rent Edison

PROFESSIONAL OFFICE SPACE IS 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 appr 8 x 9 -office room # 5

plus use of reception room 16.6 x 7.2

‘

Previously used by Robert Blackman, late former Judge and Prosecutor of Edison

$600 per month

Call 732-572-0500

Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law.

5 Will preparation online by a real NJ Attorney without having to travel to a Law Office

To assist potential clients and seniors attorneys now offer document preparation remotely and consults.

1. For Wills, Power of Attorney, Living Wills, Trusts, please request interview form by calling 732-572-0500 or email Vercammenlaw@njlaws.com. We will email the interview form. For Seniors, we can email to family members who can help type up for you.

2. Type response/ Fill in details. Email completed Will Questionnaire back

3. Attorney will call to discuss after typed interview form received.

4. After persons pay by credit card online or check we will draft documents and email to you.

5. Attorney will call to answer further questions

6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided.

Most libraries, banks, UPS stores continue to be open and have notaries. Vercammen Law also will witness and notarize our Wills on Wednesday when we have witnesses.

Be remote but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE.

The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.