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Tuesday, November 10, 2015
NJ Laws Email Newsletter E480
Tuesday, November 03, 2015
NJ Laws Email Newsletter E479
October 21, 2015
In this issue:
1. Reducing the NJ Estate Tax on
estates over $675,000.
2. Include Organ Donation in Your
Living Wills
3. Ziploc bag could be seized if
outside of car. State v. Jessup.
4. Next Free Community Seminars
5. Fall Charity Races
E479
1.
Reducing the NJ Estate Tax on estates over $675,000.
A New Jersey estate tax return must be filed if the decedent's
gross estate plus adjusted taxable gifts exceeds $675,000.
Even if there is no NJ Inheritance Tax there can be a NJ Estate Tax if the
estate exceeds $675,000 and the beneficiaries are children or grand children.
There is a substantial tax that must be paid after the 2nd spouse dies on
amounts over $675,000.
You can hire an attorney to set up Trusts or a Will with a Credit Shelter
Trust to try to reduce NJ Estate taxes due. We charge a minimum fee of $400
for each Trust within a Will. A separate stand alone Trust has a minimum fee
for $2,500.
Even if your net worth is well below the Federal threshold where the federal
estate tax becomes an issue, the New Jersey Estate Tax may still be a
problem. The New Jersey Estate Tax affects any person or married couple with
net worth over $675,000. There is no exemption for assets you leave to
your children; those assets are fully taxed, even if in joint names. There is
also no exemption for the value of your home and life insurance, so it is
easy to hit the $675,000 threshold very quickly.
If
you have assets such as bank accounts in joint names, or bank accounts
payable upon death, these go directly to the beneficiary. Your Will cannot
change who the beneficiary is on a joint account, payable upon death
accounts, or other assets such as Life Insurance policies. You would have to
directly contact the bank or company where the assets are held and either
direct that they change the beneficiary or not list any beneficiary at all
other than your Estate. Therefore, if you have $1,200,000 in assets,
you can change the beneficiary so the husband owns $600,000 and the wife owns
the other $600,000.
WHAT IS A CREDIT SHELTER TRUST and how can the attorney help Reduce NJ Estate
Taxes and protect the surviving spouse and children?
"The
Credit Shelter Trust (sometimes referred to as a "Bypass Trust" or
an "A/B Trust") is a popular estate planning technique used by
married couples with combined assets in excess of $675,000. The purpose of
the Credit Shelter Trust is to avoid the wasting of federal and state
exemptions on the death of the first spouse. Instead of leaving all assets to
the surviving spouse and thereby exposing the surviving spouse's estate to
more tax, both spouse's Wills are drafted to establish a Credit Shelter Trust
to come into existence and be funded on the first spouse's
death.
In a typical Credit Shelter Trust, the surviving spouse is entitled to
receive all of the income from the Trust for his or her lifetime, and has the
right to demand principal distributions for his or her health, education,
support and maintenance in his or her accustomed manner of living.
Distributions in excess of that standard require the cooperation of a
Co-Trustee - often an adult child of the surviving spouse or a trust
department of a bank.
The amount, which funds a typical Credit Shelter Trust, varies according to a
particular Client's financial and family circumstances. For Federal Estate
Tax purposes, a Credit Shelter Trust can be funded with the Decedent's
remaining federal estate tax exemption ($5.4 million as of 2015 if no prior
gifts have been made). However, in New Jersey, since the state estate tax
exemption is only $675,000, if the Credit Shelter Trust is funded with more
than $675,000, this will cause some New Jersey Estate Tax to be paid. For
example, if the $2 million is funded, the tax to the State of New Jersey is
$99,600. Because of this, many Clients choose to fund the Credit Shelter
Trust with only $675,000.
If the Credit Shelter Trust technique is implemented as part of a Client's
Estate Plan, you can hire the attorneys for a separate fee to assist the
Client in re-titling his or her assets so that assets are available to fund
the Credit Shelter Trust. Re-titling is necessary because most Clients tend
to hold assets jointly with right of survivorship and assets must be titled
individually in a person's name in order to be eligible to fund a Credit
Shelter Trust. We work with a tax attorney to help our clients." Source:
http://www.davidkwhitlock.com/CM/FAQ/What-Is-Credit-Shelter-Trust.asp:
Examples
of NJ Estate Tax due if no estate planning:
Your
Estimated NJ Estate Tax: $22,799.60
If
Estate Value: $900,000.00
Your
Estimated NJ Estate Tax: $27,600.00
If
Estate Value: $1,000,000.00
Your
Estimated NJ Estate Tax: $33,200.00
If
Estate Value: $1,100,000.00
Your
Estimated NJ Estate Tax: $38,800.00
Your
Estimated NJ Estate Tax: $45,200.00
Your
Estimated NJ Estate Tax: $51,600.00
ADMINISTRATION OF AN ESTATE
If you are named the executor, you must visit the County Surrogate to probate
the Will. You will need the following items:
1. The Death Certificate
2. The Original Will
3. Names and Addresses of decedent's, next of kin and list of beneficiaries
4. Minimum of $130.00 for Surrogate fees
A
NJ state inheritance tax return must be filed if real estate is left and the
tax may be required on the transfer of real or personal property within eight
months after death.
Kenneth
Vercammen & Associates.
2053
Woodbridge Avenue
Edison,
NJ 08817
2.
Include Organ donation in your Living Wills
Each
day a lucky 55 people (or so) receive an organ transplant, but another 55,000
are on the waiting list. 10 people on the waiting list die each day,
because not enough organs are available. Four thousand of them die each
year while waiting. Every 16 minutes a new name is added to the National
Organ Transplant waiting list.
To
Remember Me - I will live forever
By
Robert N. Test
The day will come when my body will lie upon a white sheet neatly
tucked under four corners of a mattress located in a hospital busily occupied
with the living and the dying. At a certain moment, a doctor will
determine that my brain has ceased to function and that, for all intents and
purposes, my life has stopped. When that happens, do not attempt to instill
artificial life into my body by the use of a machine, and don't call this my
death bed. Let this be called the bed of life, and let my body be taken from
it to help others lead fuller lives. Give my sight to the man who has
never seen a sunrise, a baby's face or love in the eyes of a woman. Give
my heart to a person whose own heart has caused nothing but endless days of
pain. Give my blood to the teenager who was pulled from the wreckage of
his car, so that he might live to see his grandchildren play. Give my
kidneys to one who depends on a machine to exist. Take my bones, every
muscle, every fiber and nerve in my body and find a way to make a crippled
child walk. Explore every corner of my brain. Take my cells, if
necessary, and let them grow so that someday a speechless boy will shout at
the crack of a bat and a deaf girl will hear the sound of rain against her
window. Burn what is left of me and scatter the ashes to the winds to
help the flowers grow. If you must bury something, let it be my faults,
my weaknesses and all prejudice against my fellow man. Give my sins to the
devil. Give my soul to God. If by chance you wish to remember me,
do it with a kind deed or a word to someone who needs you. If you do all I
have asked, I will live forever.
Robert
N. Test
Important
Recent Case
3.
Ziplock bag could be seized if outside of car. State v. Jessup ___NJ
Super. ___(App. Div. 2015) A-2458-14T2
Defendant had no expectation of privacy in a zip-lock bag containing
controlled dangerous substances that the police saw him place on top of a
parked car's rear tire.
4.
Next free community seminars
November
10 at 11:45 Wills & Power of Attorney Seminar
South
Brunswick Library
110
Kingston Lane
Monmouth
Junction NJ 08852
November
12 at 7pm Wills & Power of Attorney Seminar
Piscataway
Library Kennedy Branch
November
17 at 1pm Wills & Power of Attorney Seminar
Old
Bridge Library
1
Old Bridge Plaza
Old
Bridge NJ 08857
[last
program for the year]
5.
Fall Charity races
10/25
Trick or Trot 5k 11am now at Deal Casino
10/28
RVRR Halloween pub-crawl New Brunswick
11/1
RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob
Tona's event [Ken V can't attend , but it's a good race]
11/8
Hashathon 6.6 Mile Cheesequake challenging,
dangerous trails, free beer, best post race party 732-542-6090 11am Ken
V can't attend , but it's a good race
11/14
Saturday SOMERSET TURKEY TROT Run for the
Turkeys! 5K-road race @9:30am
Sunday,
November 15, 2,4, or 6 miles, Gobbler
Express Train Run, Asbury Park, New Jersey not a race rain Run -
Gobbler Express Sunday, November 15, 2015 Train Leaves The Station at 10:58
AM Check in Starts at 9:30 AM at Johnny Mac's Located at 208 Main Street in
Asbury Park - Across from Train Station
11/21
Manasquan Turkey Run å 5-mile 11am party at taverns after race discount
beer
11/27 Born
to Run 5 mile Freehold 11am
11/28
Crazy Eddie Memorial Hash run- not a race, trail hash with beverage
stops
11/29
Navesink 15k & 5k 10am Post race at Red Bank elks
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Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the
information on the NJ Laws Newsletter and website, provided the name and
address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
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Tuesday, October 13, 2015
NJ Laws Email Newsletter E478
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Tuesday, September 29, 2015
NJ Laws Newsletter E477
NJ LAWS EMAIL NEWSLETTER E477
Kenneth Vercammen, Attorney at Law
September 29, 2015
In this Issue:
|
| 1. Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ
Recent Cases:
2. Police could enter home for dropped 911 call.
3. Court should have adjourned case for defendant to hire own attorney.
4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
5. HELP WANTED- Clerk for Law Office- envelope stuffing, misc. clerk duties Oct 1- Nov 30
6. Next free community seminars
E478
1. Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ
(732) 287-9299
A recent review says "Best sub place in Edison! Better
then tastee sub shop and better then super duper deli! Owners are so
nice always asking how you are doing. Great prices! And also very very
good breakfast sandwiches too!!! You should definitely stop in and try
it you won't be disappointed!!"
Plus morning coffee
Recent important cases:
2. Police could enter home for dropped 911 call. State v. Reece ___NJ ___ (2015)(A-79/80-13)
The emergency-aid doctrine justified the officers'
warrantless entry into defendant's home. Based thereon, defendant's
conviction for resisting arrest is affirmed, and defendant's conviction
for obstruction is reinstated.
A jury convicted defendant Brian Firman of third-degree
possession of cocaine, third-degree possession of cocaine with intent to
distribute and third-degree distribution of cocaine. Defendant
appealed, asserting that a detective's testimony impermissibly crossed
into expert testimony. Only if a police officer is properly qualified as
an expert witness may he or she give opinion testimony explaining the
implications of observed behaviors that may be beyond the understanding
of a juror. In multiple portions of his direct examination, the
detective expressed opinions that he was not allowed to make as a fact
witness. The state did not dispute defendant's contention that the
testimony exceeded its permissible scope. Nonetheless, the state asserts
that any error was harmless due to the strength of the evidence against
defendant. The appellate panel rejected that contention and reversed
and remanded for a new trial, finding that the testimony impermissibly
crossed into expert testimony and was capable of producing an unjust
result.
3. Court should have adjourned case for defendant to hire own attorney. State v. Martinez 440 NJ Super. 537 (App. Div. 2015)
The court examined the tension between a trial court's
discretionary "authority to control its own calendar" by denying an
adjournment request and the need to safeguard "a defendant's Sixth
Amendment right to a fair opportunity to secure counsel of his own
choice" in light of State v. Miller, 216 N.J. 40, 62, 65 (2013). Guided
by the framework for review set forth in State v. Hayes, 205 N.J. 522
(2011), the court concluded the denial of defendant's request to adjourn
trial, without weighing the facts presented supporting the requested
adjournment, reflects an arbitrary exaltation of expedience in case
processing at the expense of defendant's right to counsel. Accordingly,
the court vacated the judgment of conviction and remands the matter for a
new trial.
If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool or meet at these events. I update this list at: http://vercammensport.blogspot.com/
10/3 Metuchen Fair [not a race]
10/4 Jersey Shore Half Marathon & Lighthouse 5k Sandy Hook 9:05 , then nice view from On the Deck Restaurant in Atlantic Highlands
10/11 East Brunswick 5k & 10k 1pm RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick)well run event Road closed to traffic www.ebrr.org , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick
10/17 Cranford 5k co-sponsor by Wakefern Shoprite
10/18 Shrewsbury 5k 9am
10/ 24 Univ of Delaware 5k
10/25 Trick or Trot 5k 11am now at Deal Casino
10/28 RVRR Halloween pub-crawl New Brunswick
5. HELP WANTED- Clerk for Law Office- envelope stuffing, misc. clerk duties Oct 1- Nov 30
Monday-Friday
2-3 hours per day Monday- Friday start 8:55am
$8.50 per hour
OTHER DUTIES
-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.
- Preparation of documents on Computer and mail to courts
-Telephone Answering
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-All other work needed including working on litigation cases
Must be dependable and committed to perfection.
A good way to learn law office procedures
Call Law Office of Kenneth Vercammen & Associates
732-572-0500
Check out our website at www.njlaws.com to see more information on our law office.
6. Next free community seminars
October 5, 2015 Power of Attorney & Living Will Seminar
North Brunswick Chapter #3885 of AARP at 1pm
October 6, 2015 Colonia Seniors
Wills, Estate Planning & Probate Seminar
at 1:00pm
Colonia Firehouse 250 Inman Ave., Colonia, NJ 07067
October 12, 2015 North Edison Library Wills, Estate Planning & Probate Seminar at 7pm
New App Connects Public, Attorneys to Municipal Courts
The New Jersey Judiciary has developed a mobile
app that connects the public and attorneys to resources in the state's
municipal courts, Chief Justice Stuart Rabner announced today.
The NJMC (New Jersey Municipal Courts) app,
available for Apple, Android and Windows mobile devices, presents
information about the municipal courts available on the Judiciary's
website, njcourts. com, in an easy-to-use mobile format.
Using convenient one-touch links, users can pay
traffic tickets and access the location, court hours, court leadership
and contact information and directions to the state's 506 municipal
courts and resources, including municipal division offices and
information on how the municipal courts operate.
"The development of the NJMC app is another
example of how the Judiciary is working to connect the public to useful
information on our website in a convenient way," said Chief Justice
Rabner. "People come into contact with the municipal court more than any
other part of the court system, so we hope that this information will
be extremely valuable."
The app is divided into three sections. The
first allows users to pay traffic tickets online through NJMCdirect, the
second is a searchable, alphabetical listing of the state's municipal
courts, and the third includes links to the publication "Your Day in
Municipal Court," which answers the most-asked questions about how a
typical municipal court case proceeds.
The NJMC app is the third app the Judiciary has
developed. The NJAttorney app, released last year, has information
attorneys use most frequently, including Notices to the Bar, directions
and contact information for courthouses and the court rules and rules of
evidence.
The NJJuror app, released in 2013, offers
jurors convenient access to information about their jury service,
including directions, parking information, call-off messages and
announcements, and contact information for local jury managers. A list
of frequently asked questions and a link to the "You, the Juror"
introductory video that all jurors watch at the beginning of their jury
service also are available. All three apps are available for Apple,
Android and Windows mobile devices.
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Editor's Note and Disclaimer:
All
materials Copyright 2015. You may pass along the information on the NJ
Laws Newsletter and website, provided the name and address of the Law
Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Thursday, September 17, 2015
NJ Laws Email Newsletter 476
In this Issue:
1. Recent Cases: Single tablet dismissed as de minimis. State v. Cancio
2. Police should not have ordered driver out of car on traffic stop. State v. Keaton
3. Reasons to Join the Edison Elks or an Elks in your community
4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book
1. Single tablet dismissed as de minimis. State v. Cancio, (App. Div. Decided March 16, 2015) 14-3-6154, Unpublished.
Defendant Alvin Cancio filed a motion to dismiss River Edge summons No. W-2014-000101, in which he was charged with possession of a controlled dangerous substance as de minimis, pursuant to N.J.S.A. 2C:2-11. Defendant was charged with this offense, as well as driving while intoxicated, careless driving and failure to maintain lane after being stopped by police and arrested. The application for de minimis dismissal was opposed by the Office of the Bergen County Prosecutor. The small quantity of Alprazolam found was of little value and no violence or weapons were involved. The pill remained in defendant's wallet. The court found the prosecutor would be hard-pressed to show prosecuting defendant for possession of a single tablet of Alprazolam under a belief the pill was a sexual enhancer would attack either the supply side or demand side of the drug problem. Further, the court found it unclear what societal harm was caused by defendant's possession of a single tablet under the belief it was a sexual enhancer. Defendant's conduct was "trivial," at least as it pertains to creating a permanent record for a young offender attempting to work and pay off hundreds of thousands of dollars of medical bills that arose from a car accident that left him severely injured. Incarceration or a permanent record for inadvertently possessing a single tablet of a CDS would not help defendant, the hospital or society. Defendant's motion to dismiss complaint-summons number 0252-S-2014-000101 as de minimis was granted.
Source: N.J.L.J Daily Briefing Unapproved Opinions: March 12-18, 2015
2. Police should not have ordered driver out of car on traffic stop. State v. Keaton ___NJ ___ (2015) (A-92-13)
The law enforcement officer was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If after giving a defendant that opportunity, he or she is unable or unwilling to produce the registration or insurance information, only then may an officer conduct a search for those credentials. Here, because defendant was never provided with such an opportunity, the seizure of the contraband was unlawful under the plain view doctrine. Further, the community-caretaking doctrine was inapplicable because there was no need for an immediate warrantless search to preserve life or property.
3. Reasons to Join the Edison Elks or an Elks in your community
The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.
I have enjoyed my Community Elks membership in the Edison Elks for 20 years.
ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
1. Wildwood Convention
2. Lobster Night
3. St. Patty's Dinner
4. Good Friday Dinner
5. Officers Installation & Dinner
6. Easter Egg Hunt for Children
7. Friendship at hundreds of clubs on the USA
8. Swim Club opening for Elks/YMCA Edison Pool
9. Family Pool Day
10. Beef & Brew
11. Family Pool Night
12. Nascar Night
13. Soccer Shoot out for Children
14. Halloween Party for Children
15. Ladies Auxiliary Christmas Party
16. Christmas Party for Children
We Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.
We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.
In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars.
In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
If you are attending any of these charity races, please call or email
Ken V. at Kenv@njaws.com Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/
9/12 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite
9/16 Wills, Estate Planning & Probate Seminar 10AM (Not A Race)
Sayreville Senior Center
423 Main Street
Sayreville NJ 08872
Call Sayreville Senior Center to Register at 732-390-7059
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
9/20 Asbury Park One More Tri 7:30
9/20 JSRC Picnic at Monmouth Park Racetrack
9/27 Race Against Hunger 5k Roosevelt Park
10/3 Metuchen Fair [not a race] followed by Asbury Park Zombie walk
10/4 Jersey Shore Half Marathon & Lighthouse 5k Sandy Hook 9:05, then nice view from On the Deck Restaurant in Atlantic Highlands
10/11 East Brunswick 5k & 10k 1pm RVRR well run event Road closed to traffic www.ebrr.org , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick
10/17 Cranford 5k co-sponsor by Wakefern Shoprite
5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book
September 21, 2015
5:30PM-9:00PM
NJ Law Center, New Brunswick, NJ
Please forward to any attorneys, prosecutors or judges you believe may be interested.
Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
William G. Brigiani, Esq., Past President Middlesex County Bar
John Menzel, Esq., Past Chair Municipal Court Section
Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth Assistant Prosecutor-Woodbridge
William Brigiani
Tara Auciello Edison Prosecutor
Program Agenda
5:30 Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)
6:00 Procedure: What to expect on your day in court Tara Auciello
Procedural issues; Driving while suspended; probationary drivers
6:25 The Prosecutor's Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor (Norma M. Murgado, Esq.)
7:25 domestic violence , assault, recent court rules changes, defending drug cases and cases (William G. Brigiani, Esq.)
7:55 Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)
8:35 Point Counter Point on DWI
(John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq. followed by panel interaction)
9:00 Questions
http://www.njicle.com/viewprogram.aspx?catid=2115&progid=11383
Speakers invite questions during the break and after the conclusion of the program
A special Q&A session: Ask the Experts
NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division
$170- $190 tuition depending on NJSBA membership
Seminar # S150700F5
Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar Association 732-214-8500
CustomerService@njicle.com
CAN'T ATTEND? Contact NJ ICLE for CD, book, Video
Thank you for reading our newsletter! God Bless America USA #1
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
1. Recent Cases: Single tablet dismissed as de minimis. State v. Cancio
2. Police should not have ordered driver out of car on traffic stop. State v. Keaton
3. Reasons to Join the Edison Elks or an Elks in your community
4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book
1. Single tablet dismissed as de minimis. State v. Cancio, (App. Div. Decided March 16, 2015) 14-3-6154, Unpublished.
Defendant Alvin Cancio filed a motion to dismiss River Edge summons No. W-2014-000101, in which he was charged with possession of a controlled dangerous substance as de minimis, pursuant to N.J.S.A. 2C:2-11. Defendant was charged with this offense, as well as driving while intoxicated, careless driving and failure to maintain lane after being stopped by police and arrested. The application for de minimis dismissal was opposed by the Office of the Bergen County Prosecutor. The small quantity of Alprazolam found was of little value and no violence or weapons were involved. The pill remained in defendant's wallet. The court found the prosecutor would be hard-pressed to show prosecuting defendant for possession of a single tablet of Alprazolam under a belief the pill was a sexual enhancer would attack either the supply side or demand side of the drug problem. Further, the court found it unclear what societal harm was caused by defendant's possession of a single tablet under the belief it was a sexual enhancer. Defendant's conduct was "trivial," at least as it pertains to creating a permanent record for a young offender attempting to work and pay off hundreds of thousands of dollars of medical bills that arose from a car accident that left him severely injured. Incarceration or a permanent record for inadvertently possessing a single tablet of a CDS would not help defendant, the hospital or society. Defendant's motion to dismiss complaint-summons number 0252-S-2014-000101 as de minimis was granted.
Source: N.J.L.J Daily Briefing Unapproved Opinions: March 12-18, 2015
2. Police should not have ordered driver out of car on traffic stop. State v. Keaton ___NJ ___ (2015) (A-92-13)
The law enforcement officer was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If after giving a defendant that opportunity, he or she is unable or unwilling to produce the registration or insurance information, only then may an officer conduct a search for those credentials. Here, because defendant was never provided with such an opportunity, the seizure of the contraband was unlawful under the plain view doctrine. Further, the community-caretaking doctrine was inapplicable because there was no need for an immediate warrantless search to preserve life or property.
3. Reasons to Join the Edison Elks or an Elks in your community
The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.
I have enjoyed my Community Elks membership in the Edison Elks for 20 years.
ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
1. Wildwood Convention
2. Lobster Night
3. St. Patty's Dinner
4. Good Friday Dinner
5. Officers Installation & Dinner
6. Easter Egg Hunt for Children
7. Friendship at hundreds of clubs on the USA
8. Swim Club opening for Elks/YMCA Edison Pool
9. Family Pool Day
10. Beef & Brew
11. Family Pool Night
12. Nascar Night
13. Soccer Shoot out for Children
14. Halloween Party for Children
15. Ladies Auxiliary Christmas Party
16. Christmas Party for Children
We Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.
We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.
In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars.
In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
If you are attending any of these charity races, please call or email
Ken V. at Kenv@njaws.com Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/
9/12 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite
9/16 Wills, Estate Planning & Probate Seminar 10AM (Not A Race)
Sayreville Senior Center
423 Main Street
Sayreville NJ 08872
Call Sayreville Senior Center to Register at 732-390-7059
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
9/20 Asbury Park One More Tri 7:30
9/20 JSRC Picnic at Monmouth Park Racetrack
9/27 Race Against Hunger 5k Roosevelt Park
10/3 Metuchen Fair [not a race] followed by Asbury Park Zombie walk
10/4 Jersey Shore Half Marathon & Lighthouse 5k Sandy Hook 9:05, then nice view from On the Deck Restaurant in Atlantic Highlands
10/11 East Brunswick 5k & 10k 1pm RVRR well run event Road closed to traffic www.ebrr.org , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick
10/17 Cranford 5k co-sponsor by Wakefern Shoprite
5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book
September 21, 2015
5:30PM-9:00PM
NJ Law Center, New Brunswick, NJ
Please forward to any attorneys, prosecutors or judges you believe may be interested.
Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
William G. Brigiani, Esq., Past President Middlesex County Bar
John Menzel, Esq., Past Chair Municipal Court Section
Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth Assistant Prosecutor-Woodbridge
William Brigiani
Tara Auciello Edison Prosecutor
Program Agenda
5:30 Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)
6:00 Procedure: What to expect on your day in court Tara Auciello
Procedural issues; Driving while suspended; probationary drivers
6:25 The Prosecutor's Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor (Norma M. Murgado, Esq.)
7:25 domestic violence , assault, recent court rules changes, defending drug cases and cases (William G. Brigiani, Esq.)
7:55 Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)
8:35 Point Counter Point on DWI
(John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq. followed by panel interaction)
9:00 Questions
http://www.njicle.com/viewprogram.aspx?catid=2115&progid=11383
Speakers invite questions during the break and after the conclusion of the program
A special Q&A session: Ask the Experts
NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division
$170- $190 tuition depending on NJSBA membership
Seminar # S150700F5
Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar Association 732-214-8500
CustomerService@njicle.com
CAN'T ATTEND? Contact NJ ICLE for CD, book, Video
Thank you for reading our newsletter! God Bless America USA #1
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Tuesday, September 01, 2015
NJ LAWS EMAIL NEWSLETTER E475
NJ LAWS EMAIL NEWSLETTER E475
Kenneth Vercammen, Attorney at Law
1. Have a Power of Attorney prepared for your college children and children traveling out of state
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek.
4. Next community events we participate in
1. Have a Power of Attorney prepared for your college children and children traveling out of state
There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
While you may never need to use these documents, it is better to be safe than sorry!
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield, ___ N.J. Super. ___ (App.Div. 2015) (A-5640-13T4).
The Open Public Records Act (OPRA) does not include a blanket exemption for video recordings made from an outdoor security camera. To justify denying an OPRA request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1 for "security information," "procedures," "measures," and "techniques," the government agency must make a specific showing of why disclosure would jeopardize the security of the facility or put the safety of persons or property at risk.
Because we agree with the trial court that the township did not make a sufficiently specific showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g) requires a government agency to review requested recordings and redact only actual confidential information, as argued by plaintiff and the ACLU. Such a requirement of review and redaction seems impractical and virtually impossible to implement when the request is for lengthy surveillance recordings, such as the fourteen hours of recordings requested here by plaintiff.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek, 221 N.J. 66 (N.J. 2015).
Subsection (a)(3) of the bias-intimidation statute, N.J.S.A. 2C:16-1, fails to give adequate notice of conduct that it proscribes, is unconstitutionally vague, and violates the Due Process Clause of the Fourteenth Amendment.
4. Next Community events we participate in
9/5 Scranton Minicozzi 5k 10am
9/7 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
Best wishes to Brendan Vercammen as he starts at Midwestern UniversityCollege of Dental Medicine. The dental school is located north of Chicago in Downers Grove, Illinois. Brendan completed U of Miami in four years, completed his Masters degree at Kean University in one year. Shannon Vercammen is starting her senior year at U of Delaware and is on the Dean's list. We are very proud of both.
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Kenneth Vercammen, Attorney at Law
1. Have a Power of Attorney prepared for your college children and children traveling out of state
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek.
4. Next community events we participate in
1. Have a Power of Attorney prepared for your college children and children traveling out of state
There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
While you may never need to use these documents, it is better to be safe than sorry!
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield, ___ N.J. Super. ___ (App.Div. 2015) (A-5640-13T4).
The Open Public Records Act (OPRA) does not include a blanket exemption for video recordings made from an outdoor security camera. To justify denying an OPRA request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1 for "security information," "procedures," "measures," and "techniques," the government agency must make a specific showing of why disclosure would jeopardize the security of the facility or put the safety of persons or property at risk.
Because we agree with the trial court that the township did not make a sufficiently specific showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g) requires a government agency to review requested recordings and redact only actual confidential information, as argued by plaintiff and the ACLU. Such a requirement of review and redaction seems impractical and virtually impossible to implement when the request is for lengthy surveillance recordings, such as the fourteen hours of recordings requested here by plaintiff.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek, 221 N.J. 66 (N.J. 2015).
Subsection (a)(3) of the bias-intimidation statute, N.J.S.A. 2C:16-1, fails to give adequate notice of conduct that it proscribes, is unconstitutionally vague, and violates the Due Process Clause of the Fourteenth Amendment.
4. Next Community events we participate in
9/5 Scranton Minicozzi 5k 10am
9/7 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
Best wishes to Brendan Vercammen as he starts at Midwestern UniversityCollege of Dental Medicine. The dental school is located north of Chicago in Downers Grove, Illinois. Brendan completed U of Miami in four years, completed his Masters degree at Kean University in one year. Shannon Vercammen is starting her senior year at U of Delaware and is on the Dean's list. We are very proud of both.
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
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