E758 VercammenLaw News

 

E758 VercammenLaw News 1 Ken Vercammen’s Wedding Anniversary 2 Read book: Murder in Old Forge, Pennsylvania 3 A NJ DWI/DUI conviction generally makes you criminally inadmissible to Canada.  4 Police removing passenger from the vehicle based upon an outstanding warrant were unreasonable 5 Trial court failed to ensure the defendant knowingly and voluntarily waived his right to counsel  6 Summer Happy Hour at Bar Anticipation August 7, 2026    Email now to attend 1 Happy Anniversary Cynthia Ken Vercammen’s Wedding Anniversary The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [became NJ Governor], Steve Vercammen To my Wife: Sometimes it's hard to find words to tell you How much you mean to me If I did anything right in my life, it was when I asked you to marry me and you said yes. You are my best friend. My goal in the next year is to be the best husband.  I LOVE YOU Always Forever Flintstones - Happy Anniversary https://www.youtube.com/watch?v=knp9-GY6fHE 2 Read Book: Murder in Old Forge, Pennsylvania - The Tragic Death of the Ziemba Children (True Crime)  by  Brian W. Kincaid (Author)  Format: Paperback   I enjoyed reading the book “Murder in Old Forge” I brought back scary memories when I was living in Scranton during the summer of 1981 while working for the Scranton District Magistrate.     I recall TV and newspaper coverage on missing children, then bodies found and wondering if the murderer was nearby. After the killer was arrested, I was asked by Pennsylvania State Police to be in a police lineup for witnesses to identify the killer as being near the location the kids went missing. A photo of the lineup is on the front page of the book. I was glad I was not “picked” by the witnesses.   Story of the book   On July 26, 1981, eight-year-old Cheryl Ziemba and her four-year-old brother, Christopher, disappeared from their backyard in Old Forge, Pennsylvania.      Within hours, hundreds of neighbors, police and firefighters were engaged in a frantic search, praying that they were not a town “snakebitten,” or cursed to misfortune. Two days later, all hope was lost when firefighters discovered the bodies of the children in an abandoned strip-mining pit. Pennsylvania State Police arrested their fifteen-year-old neighbor, Joey Aulisio, who was tried as an adult and sentenced to death by electric chair. Forty-three years later, Joey Aulisio still sits in prison.  Reading the book and actions of the killer reminds me of the line from the horror Halloween movie-  "nothing more than pure evil".  Author Brian W. Kincaid presents a definitive account of one of the most infamous crimes and sensational trials in the Commonwealth of Pennsylvania.     It was interesting  for me to remember names of persons I knew while living in Scranton. I had met the winning District Attorney Ernie Preate prior to the trial while working for the Scranton District Magistrate. Later as Attorney General he resigned and went to prison for mail fraud. Atty Joseph R. D'Andrea a college classmate who handled post-conviction matters for Aulisio and also represented our History professor who stole historic plates from museums. PCR Judge Vito P. Geroulo's wife was from Edison and I had referred cases to when he was still a trial attorney.      I would recommend this 208 page book for persons interested in a True Crime case with a rare death penalty case. https://www.amazon.com/dp/1467157155/ref=cm_cr_arp_d_btm?ie=UTF8 Book cover Murder in Old Forge: Young Ken V on right as volunteer for Lackawanna District Attorney Office in lineup. 3 A NJ DWI/DUI conviction generally makes you criminally inadmissible to Canada         Canada treats impaired driving as a serious crime (often equivalent to a felony). While you may be denied entry at the border, you may be able to enter by applying for a Temporary Resident Permit (TRP) or through criminal rehabilitation.  Key Considerations for Entering Canada with a NJ DWI: Inadmissibility: Even if the NJ DWI was a traffic infraction rather than a criminal conviction, it likely renders you inadmissible. Border Access: Canadian officials have access to U.S. criminal databases (NCIC) and can see your driving record. Rehabilitation (5+ years): If at least five years have passed since you completed your probation/sentence (including fines/license suspension), you may apply for "deemed rehabilitation," which can permanently resolve the issue. Temporary Resident Permit (TRP): If you need to travel urgently and it has been less than five years, you can apply for a TRP, which allows temporary access for a specific reason. 10-Year Rule: Prior to 2018, automatic rehabilitation occurred after 10 years; however, with increased penalties, a DUI conviction now rarely qualifies for automatic rehabilitation.  This is a reason why many persons will fight a DWI charge then appeal up if found guilty. Entering Canada with a DUI offense  Canada may or may not allow persons with DUI convictions to enter their country. Depending on the crime, and how long ago it was committed, and how you have behaved since the conviction, you may still be allowed to come to Canada if you: convince an Canadian immigration officer that you meet the legal terms to be deemed rehabilitated, or applied for rehabilitation and were approved, or were granted a record suspension, or have a temporary resident permit For more information, visit Canada Border Services Agency (CBSA) Overcome criminal convictions page.    Travelers who require in-depth information regarding the process of applying for a waiver or other admissibility questions can contact the CBSA during regular business hours, Monday through Friday, from 8:00 am to 4:00 pm (except for Canada, federal statutory holidays) by calling (506) 636-5064 or (204) 983-3500. For additional information, visit the CBSA home page at http://cbsa-asfc.gc.ca/menu-eng.html or http://cbsa-asfc.gc.ca/contact/bis-sif-eng.html For information for non-Canadians, see http://cbsa-asfc.gc.ca/noncan-eng.htm More info at https://www.help.cbp.gov/s/article/Article-1409?language=en_US 4 Recent cases Police removing passenger from the vehicle based upon an outstanding warrant were unreasonable.   State v  Delbridge  The state appealed from an order granting the defendants Anthony Delbridge's and Joel Lopez's motions to suppress physical evidence – controlled dangerous substances, heroin, and a handgun – obtained during a stop of Lopez's car while Delbridge was a passenger. The Appellate Division affirmed the lower court, concluding the actions of the police after properly arresting and removing Delbridge from the vehicle based upon an outstanding warrant were unreasonable. Unreported Source Daily Briefing - 4/3/26 Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/04/police-delbridge-from-vehicle-based.html State of New Jersey vs. Anthony Delbridge, et al. (Hudson County and Statewide) 5 Trial court failed to ensure the defendant knowingly and voluntarily waived his right to counsel   State  vs. Battaglia   The defendant Richard Battaglia appealed from a Law Division order affirming on de novo review his municipal court conviction after trial for violating a local Hanover Township ordinance prohibiting public littering. The Appellate Division reversed the conviction and remanded for a new trial, finding that the trial court failed to ensure the defendant knowingly and voluntarily waived his right to counsel, and because the record did not reflect a valid waiver. Unreported Source Daily Briefing - 3/24/26  Full opinion at Criminal Law- Recent Cases Vercammen Law   https://njcriminallaw.blogspot.com/2026/04/trial-court-failed-to-ensure-defendant.html State of New Jersey vs. Richard Battaglia (Morris County and Statewide) 6 Ken Vercammen & Professionals Annual Summer Happy Hour at Bar Anticipation August 7, 2026 at 6pm.     Email now to attend Happy Hour Co-sponsored by several Professional organizations, Chambers of Commerce, several Bar Associations, Elks, Knights of Columbus  & Civic groups   Music by Turnstyles band Featuring the best of Billy, Bruce and 80s and 90s Classics! Happy Hour Co-sponsored by several Professional organizations,      Fun people are invited. No cost to attend. Bring your friends. Pass this along. Please bring a canned food donation for the St. Matthews community food bank, continuing to provide food and help to individuals in need. https://www.facebook.com/events/1376787847429691       Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.   VercammenLaw@Njlaws.com Bar A is near the Belmar Train Station      If your group, non-profit or organization wishes to co-sponsor the Summer networking happy hour, please contact  KENNETH VERCAMMEN, Esq. 2053 Woodbridge Ave. Edison, NJ 08817  732-572-0500 VercammenLaw@Njlaws.com     It will not cost anything for nonprofit groups to co-sponsor the Happy Hour. Non-Profit groups can invite members and demonstrate they are providing fun inexpensive events for members.  The last Bar Anticipation Summer Happy Hour at had as Co-Sponsors 2019:  NJ State Bar Association Municipal Court Section Young Lawyers Division YLD NJ Business & Industry Association NJBIA Monmouth Regional Chamber of Commerce Lakewood Chamber of Commerce Retired Police & Fire Middlesex-Monmouth Local 9 Financial Planning Association of New Jersey Edison Elks BPOE #2487 charity dept Barter Depot Central Jersey Morning Mastermind Networking Group Business Law Section Casino Law Section Construction Law Section Criminal Law Section Dispute Resolution Section Elder and Disability Law Section Immigration Law Section Insurance Law Section Labor and Employment Law Section Local Government Law Section Minorities in the Profession Section MIPS  Taxation Law Section  Health Law Section Real Property, Trust and Estate Law Section Cannabis Law Committee Consumer Protection Law Special Committee Lawyers in Transition Committee  Government, Public Sector and Public Interest Special Committee Renewable Energy, Cleantech and Climate Change Special Committee Special Civil Part Special Committee School Law Committee Somerset County Bar Camden County Bar Association Hispanic Bar Association New Jersey Defense Association Paralegal Association of NJ

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