2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, June 30, 2021

E621 Newsletter

 

E621 Newsletter

 
 

Lexi dog will be celebrating 4th of July

 

1. Kenneth Vercammen of Edison has been re-appointed Chair of the ABA Estate & Financial Planning Committee.

2. Fighting a DWI under the influence of prescription medication or drugs.

3.  Kenneth Vercammen was selected to the 2021 Super Lawyers list.

4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021.

5.  July 28, 2021  Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm. 

1. Kenneth Vercammen of Edison has been re-appointed Chair of the ABA Estate & Financial Planning Committee

Kenneth Vercammen of Edison has been re-appointed Chair of the ABA Estate & Financial Planning Committee of the ABA Solo Division for the 2021-22 year by ABA Division Chair Ken will help organize meetings for the ABA Los Angeles April 2022 meeting. The ABA Solo Division has over 16,000 members. Kenneth Vercammen is the author of the ABA book “Wills and Estate Administration”

2. Fighting a DWI under the influence of prescription medication or drugs

If someone charged and guilty of being under the influence of even legal prescription drugs while driving, there is a mandatory loss of license for 7 months-12 months. The NJ DWI statute is not only about prohibiting driving after drinking. It also prohibits driving after taking prescription medication, which may render someone under the influence. Even if a medical doctor prescribed the medication police can still charge someone with driving under the influence of those medications.

    It does not matter whether the drugs are legal or illegal for the seven-month suspension. If does not matter if you have a valid medical marijuana card.

     If charged with DWI under influence of a drug, you need to have your attorney immediately file specific motions:

 

 Pretrial Motions            

1) Suppress Evidence

2) Miranda/Privilege

3)  Exclude Lab Tests

4)  Discovery Required

5) Request to compel discovery

6) Defense demands expert reports of the state

7)  Objection to DRE Drug Recognition Evaluator and Experts,

8) Notice of Objection to Lab Reports

9) Challenge to Chain of Custody

More motions and info at https://njlaws.com/dwimeds.html

 

3.  Kenneth Vercammen was selected to the 2021 Super Lawyers list.

The Super Lawyers list issued by Thomson Reuters, which manages West Publishing USA.

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

    A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

        Also, Kenneth Vercammen is also one of the few attorneys who continues to be Certified by the NJ Supreme Court as a Certified Municipal Court Law Attorneys.

See http://www.judiciary.state.nj.us/notices/2014/n141007d.pdf

 SUPREME COURT OF NEW JERSEY

 

ATTORNEYS NOMINATE YOUR ATTORNEY PEERS TO 2022 SUPER LAWYERS

Attorneys may nominate attorneys for selection to our list onhttps://my.superlawyers.com/dashboard.html

      Please note this nomination process is the first step of a multi-stage selection process. Base your nominations on first-hand knowledge (rather than reputation) and consider whether you would refer a personal family member to this attorney. Nominations will remain confidential.

   Attorneys can make peer nominations by July 16, 2021. Attorneys Help Super Lawyers create a credible, comprehensive and diverse listing of outstanding attorneys by nominating those excellent lawyers you have seen in action. When you nominate your peers, our research team will also review your own practice information.

Questions? Visit:

SuperLawyers.com/about/attorney_faq.html

The nomination process is merely the first step in their research process, and nominations do not necessarily result in selection.

After the creation of the candidate pool, the research department evaluates each candidate based upon 12 indicators of peer recognition and professional achievement. Finally, candidates are evaluated by peers via the Blue Ribbon Panel.

 In April 2022, selected attorneys who have data verified will be published in:

-New Jersey Super Lawyers Magazine

-New Jersey Monthly

-The attorney directory on www.SuperLawyers.com

https://my.superlawyers.com/dashboard.html

https://my.superlawyers.com/myprofile.html

4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021.

July 21, 2021 at 12:15-1:00 PM  

        Program can be watched on your computer or iPhone via Facebook live

https://www.facebook.com/events/733350550888872

 

Law Office of Kenneth Vercammen,

2053 Woodbridge Ave, Edison, NJ 08817 

  The “In office” program is limited to 9 people. Please bring a canned food donation for the Woodbridge Food Bank.

 

     COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the Woodbridge Food Bank.  

New Main Topics:

1.  Handling Probate during Covid and while Government offices closed

2.  Dangers If You Have No Will or documents invalid

3.  Getting your Estate Planning Documents done when you can’t go into a law office

4.  What goes into a Will

5.  Power of Attorneys recommendations

6.  Living Will & Advance Directive for Medical Care

7.  Administering the Estate/Probate /Surrogate

8.  Avoiding unnecessary expenses and saving your family money

       Please email us if you plan on attending or if you would like us to email the materials.

  SPEAKER: Kenneth Vercammen, Esq.               

(Author- ABA Wills and Estate Administration)

 

5.  July 28, 2021  Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm. 

 

Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

New  Expungement Law took effect 2020, revised again 2021

 

  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 Woodbridge Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.

 

SPEAKER: Kenneth Vercammen, Esq.

 (Author- Criminal Law Forms by the American Bar Association)

 

The NJ statute on expungement was revised. Nothing is automatically erased yet. 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 if not expunged. 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?

    To attend email VercammenLaw@Njlaws.com

https://www.facebook.com/events/2310189209117175  

  
  

 

 

 

 

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Thursday, April 15, 2021

 

E613 News
1.   Organ and Tissue Donation and Transplantation helpful information.
2.New Wills and Power of Attorney available for Wakefern employees who select Metlife HYATT Legal Plan
3.  Next Free Community Wills & Estates seminars online
4. YouTube Videos
5. Spring 2021 Law Clerk Photos

1.   Organ and Tissue Donation and Transplantation helpful information.
When is Organ Donation Awareness Month?
National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.
 
  Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
    
   Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.  
 
   Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No. When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.  
 
    Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities. To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared
 
Dear Friends, 
       We are sharing this message from the NJ Sharing Network to promote organ donation.
April is National Donate Life Month and we are so excited for the launch of #SaveNJLives, our initiative designed to start conversations about organ and tissue donation and transplantation.  
 
Thanks to our volunteers, nearly 140 participating pizzerias, coffee shops, diners and bagel shops in New Jersey will distribute custom designed pizza boxes and coffee sleeves in April, leading people to our campaign website, www.SaveNJLives.com. There, visitors can find out how many people in their town are waiting for a life-saving transplant, share that information via social media, and learn additional ways to help. 
 
1.           Visit www.SaveNJLives.com and share the number of people in your town waiting for a transplant on your Facebook and Twitter pages. Simply click the Facebook and Twitter icons on the site and follow the prompts to share. 
2. New Wills and Power of Attorney available for Wakefern employees who select Metlife HYATT Legal Plan
The Law Office of Kenneth Vercammen was selected to serve as a New Jersey Access Attorney for Metlife Legal HYATT Plan and several other major national legal service plans. We prepare Wills, Powers of Attorney and Living Wills for members.
 
Effective January 1, 2020, Wakefern Food Corporation will offer employees the MetLaw legal plan.
         For covered Wakefern employees, they will be entitled to a free Will for them and spouse, Power of Attorney for husband & wife, Living Will husband & wife, Testamentary Trust within a Will for minor children. There is also representation for certain Traffic Offenses in NJ,
 
Wakefern is the largest retailer-owned cooperative in the United States, comprising 51 member companies who independently own and operate 354 retail supermarkets under the ShopRite, Price Rite Marketplace, The Fresh Grocer, Dearborn Market and Gourmet Garage banners in New Jersey, New York, Connecticut, Pennsylvania, Delaware, Maryland, Massachusetts, Rhode Island and Virginia markets.
 
 Why a Will is essential to persons with children or who own property
     
    If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
 
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
    When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with financial concerns. 
 
    Who don’t you want to receive your assets?
 
    Who is not the best choice to raise your children, or safeguard your children's money for college?  Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
 
 
What HYATT Metlife members can do to get started…
 
HYATT Metlife members should call HYATT Metlife legal at 800.821.6400 to obtain an authorization numbers for each Will, Power of Attorney, Codicil and Living Will you want.
Members can also obtain authorization numbers online at https://members.legalplans.com/Home/
 
You can always call HYATT Metlife Legal Plans Monday through Thursday 8-7 and Friday 8-6 Eastern Time for assistance and information about your legal plan.
 
   After obtaining an authorization number, call Kenneth Vercammen’s Law Office for a free confidential consultation and preparation of Wills and estate planning documents- all free to HYATT Metlife members
A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
3.  Next Free Community Wills & Estates seminars online
April 19 Metuchen Library Wills, Estate Planning & Probate Seminar
at 6:30pm  

The program is free, but please register at:: https://forms.gle/czBf9aKFgVFoNd8i8
 
April 20, 2021 South Plainfield Public Library Wills, Estate Planning & Probate Seminar at 6:00pm

 
April 29 West Windsor Mercer County Library System Wills, Probate & Estate Planning 2021 Update free program

Virtual Program April 29 at 6PM GotoMeeting


May 4 North Brunswick Library Will seminar
4. YouTube Videos
Woodbridge Library Wills, Estate Planning & Probate Seminar:

Annual Review of Major Municipal Court Cases and New Laws Affecting Law Enforcement:

March 1st Wills & Power of Attorney Seminar Piscataway Library:

March 2nd Wills, Probate & Estate Planning 2021update East Brunswick Library:


5. Spring 2021 Law Clerk Photos
Law Clerk Benjamin Klein of Widener University Delaware Law School with Kenneth Vercammen
Law Clerk Brian Csobor of Rutgers University New Brunswick with Kenneth Vercammen
Law Clerk Maya Patel of Rutgers University New Brunswick with Kenneth Vercammen

Wednesday, March 17, 2021

 

E611 News
1.  NJ  legalizes weed
2. Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges 
3.   How Springsteen beat the DWI and reckless
4.   Login for Free March Wills seminars online Zoom 2021
5 Annual Review of the Major Municipal Court Cases and new laws affecting Law Enforcement 2020-2021  

1.  NJ  legalizes weed
  Gov. Murphy on February 22 signed into law three bills that decriminalize and legalize marijuana for "adult use," a term that generally refers to any use of the drug without a medical marijuana card. 
source  https://www.app.com/story/news/local/new-jersey/marijuana/2021/02/22/nj-weed-legal-gov-phil-murphy-law-marijuana-sales-2021/4544939001/
 
Can I smoke weed now? 
          Under bill A1987, the use or possession of up to 6 ounces of marijuana is decriminalized and comes without any penalties. There are also restrictions on how police officers can stop and search anyone who may be using or consuming marijuana. 
          Yet there remains a gray area.
           You still cannot legally purchase marijuana in New Jersey without a medical marijuana card, and it'll likely be at least months before any recreational marijuana sales begin.
When will I be able to purchase legal recreational weed? 
         Dispensaries that sell exclusively to recreational customers won't be legal until after the state's Cannabis Regulatory Commission is formally established, meets and sets specific guidelines for the cannabis industry — such as hours and security requirements for such sellers.
        Only then will the CRC begin accepting applications for recreational dispensaries and other cannabis businesses. 
So you're unlikely to be able to walk into a recreational marijuana dispensary in New Jersey for at least a year. 
However, much depends on the future of medical marijuana in New Jersey. 
Right now, there are over 100,000 patients in the New Jersey Medical Marijuana Program, but just 13 dispensaries from 10 operators to serve them.
         There's a hope that the supply will soon grow after a recent appellate decision lifting a court order preventing the Department of Health from issuing licenses to new medical marijuana cultivation centers and dispensaries. 
[Some people will take the train to Boston where it is legal and bring back to NJ. Just don’t get caught in NY, CT or RI on the train, and don’t have more than 6 ounces.]
 
Can I grow marijuana at home? 
             No. The bills Murphy signed do not include any provisions allowing people to grow marijuana at home. 
                New Jersey is the only state with legal weed that doesn't allow at least its medical marijuana patients to grow, and joins Washington as the only states without some recreational home grow.
  
        Over 67% of voters backed a marijuana ballot question in November. But that ballot question's specific constitutional amendment was contingent on two things: passage of the ballot question and regulations put forth by the state.
            Those regulations were signed into law February 22, putting the ballot question and constitutional amendment into effect.  

      Lawmakers finally ended a six-week stalemate over how the state will penalize underage marijuana users, sending Murphy a “clean-up” bill designed to complement the pair already passed by the Legislature in December.
     The draft bills left open a major contradiction, with one stating that possessing marijuana under 21 years old was illegal while the other stated that no person — without age restriction — could face penalty for possession of up to 6 ounces of marijuana.
        The resulting compromise, which passed the Legislature on February 22   put into place a three-tiered warning system for both underage marijuana and alcohol use.
       Both will be treated as virtually the same crime, with the most serious penalty capped at a simple referral to community service groups to teach the offender about substance abuse.
All civil penalties and fines, even from underage drinking citations, were removed. Source Asbury Park Press

2 Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges 
On February 22, 2021, the Governor signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act and the marijuana decriminalization laws.  
  Under the New Jersey Constitution and the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117,  all prosecutors operating under the authority of the laws of the State of New Jersey are to dismiss pending marijuana-related charges in accordance with the guidance below. 
          Dismissals 
A. Cases for dismissal. Effective immediately, prosecutors shall seek dismissals of any pending charges listed in the following chart in any cases where a juvenile or adult’s conduct occurred on or before February 22, 2021. Dismissals can be requested on an ad hoc basis as the cases are scheduled for a municipal or superior court proceeding. In cases involving multiple charges, only the charges listed in the chart are to be dismissed pursuant to this Directive; all other charges and pending matters should remain. 
2C:35-5(b)(12) 2C:35-10(a)(3) 2C:35-10(a)(4) 2C:35-10(b) 
2C:35-10(c) 2C:36-2 
2C:36A-1 39:4-49.1 
Description of Statute 
Distribution of marijuana or hashish 
Possession of marijuana or hashish 
Possession of marijuana or hashish 
Under the influence – only when the individual was under the influence of marijuana or hashish 
Failure to properly dispose CDS – only when the individual fails to dispose of marijuana or hashish 
Possession of drug paraphernalia when the paraphernalia was used, or was possessed with intent to be used, to ingest, inhale or otherwise introduce marijuana or hashish into the body 
Any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to this section 
Possession of CDS in a vehicle – but only when the individual is in possession of marijuana or hashish in the vehicle 
         B. Cases already resolved. For those cases already resolved, pursuant to the new decriminalization laws, the Administrative Office of the Courts will vacate by operation of law any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter where the conduct occurred prior to February 22, 2021. 
         Also vacated will be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person who is or will be serving a sentence of incarceration, probation, parole or other form of community supervision as of February 22, 2021 as a result of the person’s conviction or adjudication of delinquency solely for the above listed charges. 
 Effective date. This Directive shall take effect February 22, 2021 
ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2021-1 
3   Springsteen should never have been charged with DWI, he had an attorney who fights to win.
  The breath machine reading here was only a .02- similar to drinking half a can of Bud Light. 
            In the case of United States of America vs. Bruce Springsteen, the singer was formally charged by an overzealous ranger with operating a vehicle while under the influence of alcohol [DWI] , reckless driving, and consuming alcohol in a closed area. 
       Adam Baker, Assistant U.S. Attorney for the government, admitted that pertaining to the DWI and reckless driving charges, the government “cannot sustain its burden of proof.” [no surprise]
      The DWI should never have been filed since there was no complete proof of a violation of the DWI law 39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle the person owns or which is in the person's custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood 
Springsteen also should not have been charged by the Ranger with    Reckless driving, since the statute reads: “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”
      There was no evidence of driving a  vehicle heedlessly, in willful or wanton disregard. 
       US  Magistrate Judge Montone overseeing the case noted, up until three summers ago, alcohol consumption was allowable at the Sandy Hook, New Jersey, park.
     Springsteen agreed to plead guilty to simple consuming alcohol in a closed area — during the hearing, Springsteen admitted to having “two small shots of tequila that was offered by fans he met in the park” — at the Gateway National Recreation Area.
         More at https://www.rollingstone.com/music/music-news/bruce-springsteen-arrest-1127186/

4. Login for Free March Wills seminars online Zoom 2021
     March 1, 2021 Piscataway Library Wills & Power of Attorney Seminar at 6pm free Zoom program open to the public Link for free registration: https://docs.google.com/forms/d/e/1FAIpQLScqUaEv63xNrVHFbmGHjkEoIuklLGkYqBwr0U384LzryU3e6Q/viewform

      March 2, 2021  East Brunswick Library Wills, Probate & Estate Planning 2021 update  at 7PM  
https://www.ebpl.org/main/polCalendarEvent.cfm?Event_Date={d%20%272021-03-02%27}&Calendar_Code=&Event_Id=96692


     March 9 Woodbridge Library Estate Planning seminar7pm
http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11154&backTo=Calendar&startDate=2021/03/01
More info https://www.facebook.com/events/271486024411893

    March 15, 2021 Sayreville Public Library Will & Power of Attorney Seminar via Zoom at 6pm Registration at sayrevillelibrary.org
http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=426879&PK=

March 3, 2021  at 12 noon 
 Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
  This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute presentation will be shown live on Facebook live.
  The presentation on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.
       For information or membership in Local 9, contact President JohnLeo Fedorka <jlaf57@gmail.com> Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth law enforcement. Any interested active and retired law enforcement and fire can attend the update on Municipal Court.  Please share.
    Retired Police & Fire Middlesex & Monmouth welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.
        Speaker: KENNETH VERCAMMEN, Esq. of Edison
                  Contributing writer for the NJ Police Chief Magazine
Editor: NJ Municipal Court Law Review, Retired    
 Past President Middlesex Municipal Court Prosecutors Assoc
       New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org
   About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA.  The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members, develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions.
To listen on Facebook Live
https://www.facebook.com/events/1382312715448127

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