E647 VercammenLaw News

E647 VercammenLaw News

1. Attorneys Permitted as Executor 2. Common law right to know may apply to some internal affairs reports Rivera v. Union Cnty. Prosecutor's Office 3.  No more Pre-textual stop for tinted windows  State v. Smith   4. Law Office internships for College students and recent college grads in person, not virtual        5  911 Remembrance Run September 11

1. Attorneys Permitted as Executor of a Will

Many people wishing to have a new Will prepared are uncertain as to who to select as Executor. The Rules of Professional Conduct permit an attorney to serve as Executor of an estate if you have no family member able to serve and disclosure given. The following are 5 reasons why people have selected attorneys as Executors: 1.  Attorneys who are not family members are not influenced by past family concerns or squabbles.  Attorneys often have the staff and resources to liquidate assets, do paperwork, pay creditors and distribute assets to beneficiaries. 2.  There may be no family members in New Jersey to go to Surrogate's office and qualify as Executor. 3.  Family members not able to open and balance checkbook and financial records due to age or inexperience. 4.  No one in family wants to be executor. 5.  Children fight amongst each other - Attorneys are independent.     The last thing you want is your heirs arguing over their inheritances after you are gone and bring up issues from decades earlier NJSA 3B:18-6 which sets forth:         If the fiduciary is a duly licensed attorney of this State and shall have performed professional services in addition to his fiduciary duties, the court shall, in addition to the commissions provided by this Chapter, allow him a just counsel fee. If more than one fiduciary shall have performed the professional services, the court shall apportion the fee among them according to the services rendered by them respectively.        OPINION 683       Subject to the applicable statutory and substantive case law, as a matter of professional ethics, a scrivener may properly prepare a will naming himself as a fiduciary, and may properly be paid for services in both capacities. In so doing, counsel should be particularly aware of the disclosure and consultation instructions set forth in RPC 1.7(b)(2).     That said, however, the Committee believes it may be helpful to the Bar to go somewhat beyond the specific inquiry. The overall issue of attorneys serving as fiduciaries has been the subject of considerable discussion, some heated, in other states and nationally.          So, to avoid hard feelings and even legal disputes, here are few helpful tips to consider:     Make a valid Will. A Will is a legal record to tell your loved ones how you want your property divided. Leaving a valid Will is the best way to be clear about your desires and wishes. Without a Will, the state in which you live Will distribute your assets for you according to law.     Don't leave verbal instructions to your heirs. Oral instructions don't have any legal effect. For example, don't leave your business in your Will to the oldest child, but then verbally ask that child to share the proceeds with your other children after your death. Your oldest child doesn't have any legal obligations to do so, and you could - unintentionally - create hard feelings among your children.     Keep your Will updated. Your Will needs to be updated as major changes take place in your life such as marriage, divorce, birth of a grandchild, buying new property or selling existing property. An outdated Will can be just as damaging to your family as no Will at all. When planning the distribution of your estate, it is best to consult your legal advisor to make sure your wishes are carried out.

2 Recent cases  Common law right to know may apply to some internal affairs reports

Rivera v. Union Cnty. Prosecutor's Off. 250 N.J. 124 (2022) OPRA does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access -- subject to appropriate redactions -- when interests that favor disclosure outweigh concerns for confidentiality. The Court provides guidance on how to conduct that balancing test. NJ Supreme Court 3.  No more Pre-textual stop for tinted windows  State v. Smith   The stop was not supported by a reasonable and articulable suspicion of a motor vehicle violation. N.J.S.A. 39:3-75, which governs automotive safety glass, does not apply to window tint violations. Consistent with the plain language of N.J.S.A. 39:3-74, reasonable and articulable suspicion of a tinted windows violation arises only when a vehicle’s front windshield or front side windows are so darkly tinted that police cannot clearly see people or articles within the car.  NJ Supreme Court A-4-21

4. Law Office internships for College students and recent college grads in person, not virtual         Volunteer students will have the opportunity to work in a busy law office and work with real clients. Our volunteer students have gained experience while working in a busy law office, working on NJ State Bar Association projects and dealing with real clients. Students interested in a career in law learn law office procedures, preparing legal correspondence, and assisting clients. This is a live, in person opportunity, not virtual. Work on Criminal, Municipal Court and DWI cases: 1. Contact Municipal Prosecutors to obtain discovery and police reports 2. Contacts with Court and Prosecutor’s Office 3. Prepare hearing notice to clients 4. Speak with clients and witnesses prior to hearings 5.  Prepare end of case letters to client Added recent Criminal and Civil cases to our Blog Add new court rules and statute to the Criminal statute blog   WILLS & PROBATE PRACTICE 1.   Act as formal witness to Wills, Power of Attorney and other legal documents 2.   Work on Motions to remove executors and compel accounting 3.   Publicize Will seminars and attend programs free of charge Work on Community Relations and marketing projects including submitting articles to legal websites and search engines and Blogs   Fall & Spring interns must work between 10-21 hours per week between Monday and Friday, time and days to be selected by the student. Participants must stick to days and hours selected and make up missed days. The legal interns must work a minimum of 12 weeks.  Longer hours or weeks permitted.    Interested students must mail or fax a cover letter and resume. More info at: https://app.joinhandshake.com/emp/jobs/3337709 Kenneth Vercammen PC  2053 Woodbridge Ave. Edison, NJ 08817       PHONE 732-572-0500           (Fax) 732-572-0030         This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills. You will handle a client's file and learn details on running a successful law practice. This will not be a brief writing and photocopying clerkship. For additional information on the Law Office, please visit the website at www.njlaws.com.  This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. Additional information on internship at   http://www.njlaws.com/intern.html 5 September 11, 9/11 Remembrance Run JSRC , Belmar boardwalk, NJ Event free walk/run 3miles Not a race To memorialize all from the Jersey Shore who were lost on September 11, 2001 Belmar, NJ, On the Boardwalk across from Dunkin Donuts on 16th Ave Sunday - September 11 - 6 PM This is not a Race - About 3 miles We start in Belmar with the reading of the first section of names from the Jersey Shore who were lost on that tragic day. We will run in Silence as a group to the September 11 Memorial in Spring Lake where more names will be read by all of the runners and flags and flowers will be placed on the memorial. We will then proceed to a memorial as a group again in silence where the rest of the names will be read. After an additional moment of silence we will return to the start. A post run reception will then be held for all of the participants. There is no charge or registration fee, no t-shirts, no clock, no bib numbers and no awards. It will be your most memorable run of the year. All are Invited to Commemorate those Lost. You do not have to be a runner or JSRC member. https://www.jsrc.org/9-11-memorial-run Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E646 VercammenLaw News

E646 VercammenLaw News

1. Next outdoor events 2 Recent cases  Prior Conditional discharge of pot charge blocks a later PTI 3. Keystrokes on a cell phone while driving is cell violation 4  Thank you summer 2022 Law Clerks 5 For a few weeks in September & October Help Wanted 6. St. Thomas Aquinas STA HS sports legends

1  Next outdoor events

9/9 Springsteen Tribute concert at Pier Village, Long Branch, NJ https://www.facebook.com/events/408022421142548 9/10 Fallen Heroes 5k: https://raceroster.com/.../2021/49089/2021-fallen-heroes-5k 9/10 End of Summer Bash at the Edison Elks Featuring: The Southern Rock All Stars inc Spider Daniels   Saturday, September 10, 2022  1PM – 6:30 PM   Edison Elks Pool and Grove  Cost: $20PP for Members and Guests and friends of Ken Vercammen

2 Recent cases  Prior Conditional discharge of pot charge blocks a later PTI

State v Gomes et al  Leave to appeal granted: 07/15/2022     In these appeals, trial courts in two vicinages reached opposite conclusions regarding whether, pursuant to the enactment of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31 to -56, N.J.S.A. 54:47F-1, N.J.S.A. 40:48I-1, N.J.S.A. 18A:61F-1, N.J.S.A. 2C:35-23.1, and N.J.S.A. 2C:52-6.1 a defendant may be admitted into pretrial intervention (PTI) where they have a prior conditional discharge for marijuana charges. One court concluded the defendant could not be admitted into PTI, finding the Legislature did not end the PTI eligibility bar where a defendant received a conditional discharge. The other court held that while the Legislature did not amend the PTI statute, the legislative intent of CREAMMA included removing the statutory bar to PTI eligibility where a defendant obtained a conditional discharge.     After reviewing CREAMMA, the PTI statute, the expungement statute, and considering extrinsic evidence, including the legislative histories of each enactment, the court found no evidence the Legislature intended to repeal, amend, or supersede the bar to PTI eligibility following the completion of a supervisory program and granting of a condition discharge. If, in fact, the Legislature intended such a modification, the remedy should be left to it rather than the court, which declines to insert language that is unsupported by the extant legislative evidence and intent. As a result, the court reversed the trial court decisions granting three defendants' admission into PTI and upheld the trial court's ruling barring the fourth defendant PTI admission. (A-3477-20) 3. Keystrokes on a cell phone while driving is cell violation State v Troisi 471 N.J. Super. 158  (App. Div. 2022)      Defendant appealed the Law Division order denying his de novo appeal of a guilty finding against him in Princeton Municipal Court for violating N.J.S.A. 39:4-97.3, use of hands-free and hand-held wireless communication devices while driving. At the municipal court trial, defendant argued that the manner in which he was using his cell phone while driving was not a violation of the plain meaning of the statute. Defendant testified and admitted that his conduct in the car required him to divert his attention from steering his vehicle on a public road for enough time to enter his six-digit passcode, open the Google Maps app, and place the cursor in the search window. The municipal court judge found defendant guilty of violating N.J.S.A. 39:4-97.3 and imposed a fine. Defendant appealed de novo to the Law Division, which found defendant guilty of the traffic violation for substantially the same reasons as the municipal court: defendant's actions in his car exceeded the bounds of the statute.     Applying well-established principles of statutory construction, the court held that making multiple keystrokes on a cellphone to locate and use an app such as Google Maps while driving would constitute an offense under N.J.S.A. 39:4-97.3 and that the Law Division and municipal court did not abuse their discretion in finding that defendant's conduct was a violation. The court also held that the statute was not unconstitutionally vague because it fairly puts motorists on notice of what category of activity is impermissible.

3. Statement suppressed where detectives deliberately mislead State v Diaz  Tahmina Chowdhury Delaware Law School Matthew Vaccaro Boston College Dy'Nazjah Adair-Nelson Rutgers U plus staff Andrei Pilipetskii JD Pace Anthony Raccuia JD Tulane       Fall Internship interviews starting now, info at http://www.njlaws.com/intern.html 5. For a few weeks in September & October HELP WANTED - Clerk for Law Office – Answer phones, schedule appointments, misc. office duties  Monday-Friday start 8:55am -? $15.00 per hour           OTHER DUTIES -Telephone Answering -Adding client names to computer database, open files, prepare letters, and work on client traffic ticket matters. -Helping clients in probate cases and adding checks to excel list -Mail newsletters to Courts, Police , Attorneys, clients, Professionals - Preparation of documents on Computer and mail to courts -General Office duties in Law Office -Update mailing/ client lists and learn marketing -All other work needed including working on litigation cases  A good way to learn NJ Law Office procedures Must be dependable and committed to perfection.      Email Law Office of Kenneth Vercammen if interested Vercammenlaw@njlaws.com. Check out our website at www.njlaws.com to see more information on our law office. 6. St. Thomas Aquinas STA High School sports legends  Tim Cummins, Bill Ashnault, Jim Power & Ken Vercammen with NCAA national Champ Anthony Ashnault at Belmar 10th Avenue Burrito. Best Wishes to Anthony Ashnault as he trains for 2024 Olympics. Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

E645 VercammenLaw News

E645 VercammenLaw News

1. Exciting news of the Move 2 Recent cases   Statement suppressed where detective repeatedly undermined the Miranda warnings throughout an interrogation. 3. Statement suppressed where detectives deliberately mislead 4. Join Ken & friends for the 40th Annual Summer Blast, now at Thirsty Thursday at Edison Elks August 25

1.Exciting news of the House Move.

My wife Cynthia and I have enjoyed being in South Brunswick for the past 25 years. Our children have purchased their own homes, so it is now time to downsize and put the big house on the market for the next family to enjoy.        The listing is live, with Open House Aug 12-13.  https://www.zillow.com/homes/16-Ireland-Brook-Dr-North-Brunswick,-NJ-08902_rb/39168420_zpid   Deb The Realtor (212) 444-2030     We are hoping to buy something with view of water in Monmouth County Long Branch/ Neptune/ Oceanport area in 2023.  I will miss running with Lexi dog around the block and in the parks in South Brunswick.       My daughter Shannon married Zach Gildenberg on May 7, 2022 and they bought a house with built in pool in Hillsborough. My son Dr. Brendan the dentist has a house on the intercoastal in Myrtle Beach and just bought a fishing boat and put in a pool. Cynthia and I plan to rent in Edison for a while and spend some weekends in Cocoa Beach, Myrtle Beach and other fun spots.         I will continue to work in The Law Office in Edison for the next 25 years. We will continue to prepare Wills and Estate Planning via email and handle most consults and work remote. Courts also continue to be primarily remote, although I did have an in person trial last month.

2. Recent cases: Statement suppressed where detective repeatedly undermined the Miranda warnings throughout an interrogation.

State v. O.D.A.-C 250 N.J. 408 (2022)  Because a detective here repeatedly contradicted and minimized the significance of the Miranda warnings -- starting at the outset of the interrogation and continuing throughout -- the State cannot shoulder its heavy burden of proving defendant’s waiver was voluntary. The Appellate Division majority correctly concluded defendant’s statement had to be suppressed.

3. Statement suppressed where detectives deliberately mislead State v Diaz      This interlocutory appeal arises from an ongoing prosecution for strict liability for drug-induced death, N.J.S.A. 2C:35-9, following a fatal heroin overdose. The State appeals from a trial court order suppressing incriminating statements defendant made during a stationhouse interrogation because the officers did not advise him that a death had occurred and that he was facing prosecution for a first-degree homicide offense. The trial court had initially held the statements were admissible but granted defendant's motion for reconsideration that cited to the majority opinion in State v. Sims, 466 N.J. Super. 346 (App. Div.), certif. granted, 246 N.J. 146 (2021). While the parties and the trial court knew that the Supreme Court had granted certification, they appeared to be unaware that the Supreme Court had stayed the Sims opinion. In Sims, the majority announced a new per se rule that when police make an arrest following an investigation, they must at the outset of a custodial interrogation advise the interrogee of the offense(s) for which he or she was arrested regardless of whether a complaint-warrant or arrest-warrant has been issued. 466 N.J. Super. at 367. The question to be addressed by the Supreme Court is: "[w]ere the officers required to advise defendant, who was not charged with any offenses at the time, why he was arrested before proceeding with the custodial interrogation." In the Diaz case, the court follows an alternate analytical route that does not depend on the outcome in Sims. The court leaves to the Supreme Court to decide whether police may remain silent during a Miranda colloquy with respect to the essence of unfiled charges for which the interrogee was taken into custody. Rather, the court focuses on the impact of the police decision in this instance to advise defendant of the reason for his arrest in a manner that was misleading. Under this analytical approach, the failure to advise defendant of the overdose death was a relevant factor to be considered in determining whether defendant's waiver of Miranda rights was made knowingly. The court concludes, considering the totality of the circumstances, the State failed to prove beyond a reasonable doubt that defendant's waiver of his right against self-incrimination was made knowingly because the detectives affirmatively misled defendant by providing a deliberately vague and incomplete answer to his question of why he was taken into custody. The court reasons that it is one thing for police to withhold information; it is another thing entirely for them to provide an explanation that creates or reinforces a false impression. The court recognizes that police are permitted, within limits, to use trickery or deception in the course of a custodial interrogation. The court draws a fundamental distinction, however, between police trickery with respect to the strength of the evidence against an interrogee on the one hand, and trickery with respect to the seriousness of the offense(s) for which he or she was arrested on the other hand. While police are allowed to use certain forms of trickery following a knowing and voluntary Miranda waiver, the court finds no New Jersey precedent that authorizes trickery as part of the waiver process. Indeed, the court notes that Miranda v. Arizona expressly held that "any evidence that the accused was . . . tricked . . . into a waiver will, of course, show that the defendant did not voluntarily waive his [or her] privilege." 384 U.S. 436, 476 (1966). The court adds that affirmatively misleading an interrogee about the seriousness of the offense for which he or she was taken into custody strikes at the heart of the waiver decision. The court does not, however, propose a categorical, per se rule that any deception or trickery of this type automatically warrants suppression. Rather, the court holds that the use of such a stratagem is an important factor to be considered as part of the totality of the circumstances in determining whether the State has met its burden of proving, beyond a reasonable doubt, that defendant made a knowing waiver of his right against self-incrimination. Finally, the court rejects the State's argument that the detectives did not have probable cause to charge defendant with the strict liability for drug-induced death offense pending the completion of autopsy and toxicology reports. Applying de novo review, the court concludes that the detectives were aware of facts constituting probable cause that defendant committed the strict liability homicide offense, viewed from the standpoint of an objectively reasonable police officer. (A-3764-20)  4. Join Ken & friends for the 40th Annual Summer Blast, now at Thirsty Thursday at Edison Elks  August 25 at 7pm        Band outside, Ken Vercammen and friends will sing the Dion song “The Wanderer”    $2.00 domestic drafts Food for sale     Come out and enjoy the evening Edison Elks #2487 - Edison, NJ375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487  If you want to sing with us, email Ken V https://www.azlyrics.com/lyrics/dionband/thewanderer.html    Support the elks, tip your volunteer bartenders https://www.facebook.com/bpoelodge2487Edison 5. Tribute Tuesdays at Woodbridge High School  2022 Plus Inexpensive outdoor music, support live music Donovan's Reef Tuesday night dead bands 8/21 B street  East Windsor Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison