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Friday, July 08, 2016
E496: 1. Belmar 5 Mile Race fun teams July 9, 8:30am 2. Termination of Child Support after College Graduation and Upon Emancipation. 3. Join the Elks Club 4. Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social July 15, 2016 5. Recent cases: Defense to refusal where person medically unable to provide breath samples 6. New Metuchen Bishop Graduate of University of Scranton
Monday, June 27, 2016
E495: 1. 2016 update Wills and Estate Planning- Free Summer Seminar Wednesday June 15, 2016; 12:15-1:00 PM 2. Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy Hour & Networking Social; July 15, 2016 Friday at Bar Anticipation 3. Rule on recording Custodial interrogations reviewed State v Anthony. 4. Expert can only testify upon his own observations and not just read someone else's report. State v. Bass.
NJ LAWS EMAIL NEWSLETTER E495
Kenneth Vercammen, Attorney at Law
June 10, 2016
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Greetings!
In
this issue:
1.
2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday
June 15, 2016; 12:15-1:00 PM
2.
Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy
Hour & Networking Social; July 15, 2016 Friday
at Bar
Anticipation
3.
Rule on recording Custodial interrogations reviewed
State
v Anthony.
4.
Expert can only testify upon his own observations and not just read someone
else's report. State v. Bass.
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1. 2016 update Wills
and Estate Planning- Free Summer Seminar
Wednesday June 15,
2016
12:15-1:00 PM
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
COST:
Free if you pre-register by email. Complimentary materials provided at 12:00
sharp. We previously held this seminar for the Metuchen and Edison Library.
This program is limited to 15 people. Please bring a canned food donation,
which will be given to a community food bank. Please email us if you plan on
attending or if you would like us to email the materials.
SPEAKER:
Kenneth Vercammen, Esq.
(Author-
Answers to Questions About Probate)
The
new NJ Probate Law made a number of substantial changes in Probate and the
administration of estates and trusts in New Jersey.
Main
Topics:
1.
The New Probate Law and preparation of
Wills
2.
2016 changes in Federal Estate and Gift Tax exemption
3.
Reducing NJ Estate Tax on estates over $675,000
4.
Power of
Attorney
5.
Living
Will
6.
Administering the Estate/ Probate/Surrogate
7.
Question and Answer
2.
Mark your calendar.........
Attorneys, Vendors, Professionals, Law
Enforcement invited to NJSBA Happy Hour & Networking Social
July 15, 2016 Friday
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free ! 5:30-7:55PM
Hot & Cold Buffet
The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft
& House Wine Special
Please bring a canned food donation for a community food bank, continuing to
provide food and help to individuals in need.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for
wristbands. VercammenLaw@Njlaws.com
If your group, non-profit or organization wishes to co-sponsor the networking
happy hour, please contact
KENNETH
VERCAMMEN, Esq.
2053
Woodbridge Ave. Edison, NJ 08817
732-572-0500
VercammenLaw@Njlaws.com
2016
Co-sponsors NJ State Bar Association Municipal Court Section,
Criminal
Law Section
Young
Lawyers Division
LGBT
Rights Section
Family
Law Section
Minorities
in the Profession Section MIPS
Immigration
Law Section
Taxation
Law Section
Women
in the Profession Section WIPS
Labor
and Employment Law Section
Solo
and Small-Firm Section
Real
Property, Trust and Estate Law Section
Federal
Practice and Procedure Section
Business
Law Section
Local
Government Law Section
Banking
Law Section
Special
Committee for Paralegals
Insurance
Defense Special Committee
Special
Civil Part Special Committee,
Lawyers
In Transition Special Committee,
School
Law Special Committee
Automobile
Litigation and No Fault Special Committee
Privacy
Law Special Committee,
Fidelity
and Surety Law Committee,
Monmouth
County Bar Association
New
Jersey Defense Association
NJ
Institute of Local Government Attorneys
Retired
Police & Fire Middlesex Monmouth Local 9
Greater
Monmouth Chamber of Commerce, Lakewood Chamber of Commerce
Recent
cases
3.
Rule on recording Custodial interrogations reviewed. State v
Anthony __ NJ Super __ (App. Div. 2016)
Rule 3:17(a) provides that, "[unless one of the exceptions
set forth in paragraph (b) are present, all custodial interrogations
conducted in a place of detention must be electronically recorded when the
person being interrogated is charged with" certain listed crimes,
including murder. However, subsection (b)(vi) excepts from the recordation
requirement "a statement . . . given at a time when the accused is not a
suspect for the crime to which that statement relates while the accused is
being interrogated for a different crime that does not require
recordation[.]"
In this case, defendant was arrested on an open motor vehicle
warrant and interrogated regarding a homicide. The preliminary interrogation
was not recorded, but, at some point, after concluding based on defendant's
statements that he was a suspect in the homicide, investigators recorded his
statement on video. The trial judge denied defendant's motion to suppress the
statement and concluded there was no obligation to record the initial portion
of the interrogation.
The court construed the somewhat ambiguous provisions of
the Rule and conclude that an interrogation must be recorded if, taking into
account the totality of the circumstances then known to the interrogator, a
reasonable police officer would have a reasonable basis to believe defendant
was a "suspect" in the crime about which he was being questioned.
In this case, the court concluded that the trial judge properly determined
that the investigators reasonably concluded that defendant was not a suspect
when the interrogation began.
4.
Expert can only testify upon his own observations and not just read someone
else's report. State v. Bass __ NJ ___ (2016) (A-118-13)
The limitation on defendant's cross-examination of Sinclair constituted
reversible error. Defendant is entitled to a new trial on the charges of
murder, attempted murder and the possession of a weapon for an unlawful
purpose. In addition, the substitute expert read portions of the deceased
medical examiner's autopsy report to the jury, rather than testifying based
on his own observations and conclusions, which violated defendant's
confrontation rights. On retrial, any expert testimony by a substitute
medical examiner should conform to State v. Michaels, 219 N.J. 1, cert.
denied, 135 S. Ct. 761, (2014), and State v. Roach, 219 N.J. 58 (2014), cert.
denied, 135 S. Ct. 2348 (2015). Defendant was not entitled to an instruction
on the use of force against an intruder because he voluntarily admitted the
victims to his room.
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Editorial
Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken
Vercammen's Summer Internship Program and currently a student at the West
Virginia University College of Law.
Editor's
Note and Disclaimer:
All
materials Copyright 2016. 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, June 07, 2016
E 494: In this issue: 1) SuperLawyers open for nomination 2) Free Seminar: Remove & Expungement of Criminal Arrests and Convictions-Free Seminar June 8, 2016 from 5:00 pm-5:45 3) 2016 update Wills and Estate Planning- Free Seminar 4) Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar
NJ LAWS EMAIL NEWSLETTER E494
Kenneth Vercammen, Attorney at Law
Greetings!
In this issue:
1) SuperLawyers open for nomination
2) Free Seminar: Remove & Expungement of Criminal Arrests and Convictions-Free Seminar June 8, 2016 from 5:00 pm-5:45
3) 2016 update Wills and Estate Planning- Free Seminar
4) Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar
1. SuperLawyers open for nomination. Kenneth Vercammen was selected to the 2015 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection process detail.html.
Attorneys can submit nominations for next year at https://my.superlawyers.com/nominations.html
2. Free Seminar: Remove & Expungement of Criminal Arrests and Convictions- Free Seminar June 8, 2016 from 5:00pm-5:45
Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the Community Food Bank. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Criminal Law Forms by the American Bar Association)
The NJ statute on expungement was revised effective April 18, 2016. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
http://www.njlaws.com/expungment-seminar.htm
More info: The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.
Typical Court costs and Legal fees for expungement range from $1,500-$2,500.
3. 2016 update Wills and Estate Planning- Free Seminar
Wednesday June 15, 2016
12:15-1:00 PM only
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Library. This program is limited to 15 people. Please bring a canned food donation, which will be given to a community food bank. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2016 changes in Federal Estate and Gift Tax exemption
3. Reducing NJ Estate Tax on estates over $675,000
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council
To attend or for Information: Mike McDonald 732-572-0500
or email VercammenLaw@Njlaws.com
Can’t attend? We can email you materials
Send email to VercammenLaw@Njlaws.com
4. Wills and Estate Administration for the Small Firm Lawyer: Improving Practice and Increasing Income ABA webinar
June 14 2016 from 1:00-2:30 PM ET.
ABA Webinar CE1604WEA
Topics:
1. Preparation for Wills/Estate Planning Interviews
2. Interviewing Clients
3. Signing documents and Additional Estate Planning Issues
4. Probate, Estate Administration
5 Marketing Your Wills and Estate Administration Practice
Format: Webinar
Time: 1:00 PM - 2:30 PM ET
Credits: 1.50 General CLE Credit Hours
Panelist(s):
Kenneth A Vercammen
Moderator(s):
David M Godfrey
Sponsor(s): ABA
Commission On Disability Rights
Commission on Law and Aging
Division for Public Services
Law Practice Division
Senior Lawyers Division
Solo, Small Firm and General Practice Division
Estate planning and administration responsibilities are often a significant part of lawyer's practice, but these issues are often time-consuming and complex. Veteran attorney Kenneth Vercammen will share how to establish and strengthen a firm's wills and estate practice. This webinar will provide step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. An essential resource for practitioners, this elder law program includes numerous forms and pertinent information to assist new and transitional attorneys. In addition, tips on practice management will help seasoned attorneys.
SPECIAL OFFER Registrants will receive a 30% discount code for the E-Book Wills and Estate Administration by Kenneth Vercammen.
http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=239721786
Also, Kenneth Vercammen had passed the test to become one of the few Municipal Court Law Attorneys.
See http://www.judiciary.state.nj.us/notices/2014/n141007d.pdf
SUPREME COURT OF NEW JERSEY
It is ORDERED that, pursuant to Rule 1:39-5(a), the following named attorneys, having applied to the Board on Attorney Certification and having been found qualified by the Board, are hereby authorized to designate themselves as Municipal Court Law Attorneys before the public, the bar, and the courts of this State in accordance with the Rules of this Court during their good behavior for a term of five years from the date of this Order. ….. …… Kenneth Vercammen Middlesex
Congrats Mike McDonald and Tonianne Dougherty engaged to be married.
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.
Tuesday, May 24, 2016
E 493 1) Recent cases: PTI Pre trial intervention can be reinstated. 2) Double jeopardy bars crime prosecution if a plea in municipal court. 3) Welcome Summer Law Student Law Clerks 2016 4) Free Simple Will, Power of Attorney or Living Will During Police Week. 5) Reflections on Memorial Day.
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NJ LAWS EMAIL NEWSLETTER E493
Kenneth Vercammen, Attorney at Law
May 19, 2016
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Greetings!
In
this issue:
1)
Recent cases: PTI Pre trial intervention can be reinstated.
2)
Double jeopardy bars crime prosecution if a plea in municipal court.
3)
Welcome Summer Law Student Law Clerks 2016
4)
Free Simple Will, Power of Attorney or Living Will During Police Week.
5)
Reflections on Memorial Day.
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Recent
cases
1.
PTI Pre trial intervention can be reinstated State v AS-M
__
NJ Super __(App. Div. 2016)
The court held that a defendant terminated from the pre-trial
intervention (PTI) program may be reinstated upon reconsideration. Such a
reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1)
and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances
show the initial order terminating a defendant from PTI failed to adhere to
the requirements of N.J.S.A. 2C:43-13(e), including the obligation to
undertake a "conscientious judgment" to (1) adequately consider
whether the participant willfully violated the PTI conditions; and (2)
determine whether the defendant remains a viable candidate for PTI under the
original or modified PTI terms.
2.
Double jeopardy bars crime prosecution if a plea in municipal court
State
v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1
The defendant was arrested during an undercover drug operation.
Defendant was charged on a warrant with possession of a CDS with intent to
distribute on or near school property. Defendant was also charged on a
summons with a disorderly persons offense of possession of marijuana.
After defendant was indicted, he appeared pro se in municipal
court via videoconference after being incarcerated for a family matter. The
disorderly persons drug offense, which was not joined with the indictable
offense, was pending. Without the presence or participation of the State, but
in accord with the existing "practice," the judge amended the
offense to loitering and then took a plea from defendant. Predicated upon his
plea, defendant sought to bar the prosecution of the indictable charge.
The court held that the subsequent prosecution and conviction
on the indictable charge was barred under the "same evidence" test,
which is still recognized under state constitutional principles. The court
reasoned that the "fundamental fairness" doctrine did not apply,
notwithstanding the State's failure to join the disorderly offense with the
indictable charges and defendant's reasonable expectation that his plea to
the disorderly offense charge resolved all charges, which arose out of his
arrest.
3.
Welcome Summer Law Student Law Clerks 2016
Nicholas
C. Idler
WVU
College of Law
Brian
Lutz
Roger
Williams Law
Adam
Cardile
New
York Law
4.
Free Simple Will, Power of Attorney or Living Will during Police Week
To recognize National Police Week May 10-16, Kenneth
Vercammen's Law Office will provide a Free Simple Will, Living Will or Power
of Attorney for active Jersey Police Officers. The details are attached.
Appointments need to be scheduled by May 31.
I
appreciate the service provided by police who protect my family. We want to
say thank you to local police. Please call for the free probate consultation
and Will. I am the co-chair of the American Bar Association ABA Estate
Planning and Probate Committee. The ABA founded the "Wills for
Heroes" program.
Ken Vercammen served as the prosecutor for Cranbury Township,
Middlesex County for nine years. I established the Municipal Court Law Review
to provide information on recent criminal and traffic cases to New Jersey
police officers. We send out an email newsletter every two weeks if you are
interested.
Simple
Will or Power of Attorney for Central Jersey Police Officers to honor National
Police Week
To recognize National Police Week, the Kenneth Vercammen Law Office will
prepare a Simple Will for estates under $700,000 or Power of Attorney or
Living Will/Advance Directive for Police Officers. We appreciate the service
provided by police who protect my family. We want to say thank you to local
police. I am a member of the American Bar Association. ABA has created the
Wills for Heroes program.
Call 732-572-0500 to schedule a free confidential appointment. To accommodate
our schedule, all consults need to be completed by May 31.
IF
YOU HAVE NO WILL (LEGALLY REFERRED TO AS "INTESTATE SECESSION"):
*
State law determines who gets assets, not you
*
Additional expenses will be incurred by your heirs and extra work will be
required by the heirs of their attorney to qualify an administrator
*
The Judge determines who gets custody of minor children
*
If you have no spouse or relatives, the State may take your property
*
The procedure to distribute assets becomes more complicated-and the law makes
no exceptions for persons in unusual need or for your own wishes.
*
It may also cause fights and lawsuits within your family
Call 732-572-0500 to schedule a confidential appointment. To accommodate our
schedule, all consults need to be completed by May 31. Must meet in person
with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at:
www.njlaws.com/will_Questionnaire.htm
WHY
SOMEONE ALSO NEEDS A POWER OF ATTORNEY?
A
Power of Attorney typically permits someone to pay your bills and handle your
finances if you become disabled. No one plans on disability, but it is best
to prepare ahead of time. A Power of Attorney (POA) is an appointment of
another person as one's agent to pay bills and handle finances during
disability I served as the prosecutor for Cranbury Township, Middlesex County
from 1991-1999 and continue to work closely with my friends in Law
Enforcement.
KENNETH
VERCAMMEN & ASSOCIATES, ATTORNEY AT LAW
2053
Woodbridge Ave. Edison, NJ 08817 732-572-0500 vercammenlaw@njlaws.com
Contributing
writer for the NJ Police Chief Magazine.
Past
President Middlesex Municipal Court Prosecutors Assoc
Honorary
Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair-
ABA Estate Planning & Probate Committee
Contributing
writer for the NJ Police Chief Magazine.
Past
President Middlesex Municipal Court Prosecutors Assoc
Honorary
Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair-
ABA Estate Planning & Probate Committee
5.
Reflections on Memorial Day
Memorial Day used to be a solemn day of mourning, a sacred day
of remembrance to honor those who paid the ultimate price for our freedoms.
Businesses closed for the day. Towns held parades honoring the fallen, the
parade routes often times ending at a local cemetery, where Memorial Day
speeches were given and prayers offered up. People took the time that day to
clean and decorate with flowers and flags the graves of those that fell in
service to their country.
We need to remember with sincere respect those who paid the
price for our freedoms; we need to keep in sacred remembrance those who died
serving their country. We need to never let them be forgotten. However, over
the years the original meaning and spirit of Memorial Day has faded from the
public consciousness.
"If it is considered a holiday, why is it so? I consider
it to be a national day of mourning. This is how we observe this day in our
home. Because of what that day represents the rest of the days of the year
are our holidays." -- F L Lloyd West Chester, Pa USA
On Memorial Day we need to stop and pay with sincere conviction
our respects for those who died protecting and preserving the freedoms we
enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has
undermined the very meaning of the day. No doubt, this has contributed
greatly to the general public's nonchalant observance of Memorial Day."
-- VFW Memorial Day address
Please
Like Us on Facebook
Endorse
us on Linkedin https://www.linkedin.com/in/kennethvercammen
Endorse
us on Google, Avvo, Yelp and Superpages
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Editorial
Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken
Vercammen's Summer Internship Program and currently a student at the West
Virginia University College of Law.
Editor's
Note and Disclaimer:
All
materials Copyright 2016. 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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