E697 VercammenLaw News

 

E697 VercammenLaw News

1.  Recent cases Criminal charges out of state must be set forth on Expungement petition 2 Playing Recording of standard DWI statement in court permitted here 3 Stop of robbery suspect based on surveillance permitted here 4. How to Select the Right Estate Planning Attorney

1  Recent cases Criminal charges out of state must be set forth on Expungement petition

In the Matter of Expungement Application of K.M.G  In this appeal of first impression, the court must determine whether the "clean slate" statute, N.J.S.A. 2C:52-5.3, which permits an expungement of a New Jersey criminal record if ten years have passed "from the date of the person's most recent conviction," applies to a conviction from another state. (Emphasis added). The trial court entered an order expunging petitioner's New Jersey criminal record after determining her 2017 Virginia misdemeanor conviction did not preclude eligibility for expungement under the "clean slate" statute because an out-of-state conviction does not constitute a "most recent conviction."  The State contends the trial court erred in its interpretation of the "clean slate" statute, arguing petitioner's Virginia conviction must be considered, and because it was entered within ten years of her petition for expungement, her petition should have been denied.  The court reverses because the text of the "clean slate" statute and related expungement statutes do not support the trial court's interpretation to preclude consideration of an out-of-state conviction from the phrase "most recent conviction." Moreover, such interpretation defies common sense given the "clean slate" statute's purpose to expunge a criminal record of an applicant who has not violated the law within ten years of their last New Jersey conviction. Consequently, petitioner's Virginia offense presently disqualifies her from expungement of her New Jersey criminal record under the "clean slate" statute. A-0363-22

2 Playing Recording of standard DWI statement in court permitted here State v. Lora        Defendant appealed his convictions for DWI and refusal to submit to a breath test. Officers stopped a vehicle driving with no headlights in the middle of the night. Officer observed defendant had slurred speech, bloodshot eyes and an odor of alcohol on his breath. Defendant stated he had drunk a few light beers. Defendant failed three field sobriety tests and was arrested. A recorded Standard Statement was played for defendant several times and he stated he wanted his lawyer before he provided a breath sample. Defendant ultimately refused to provide a breath sample, was read his Miranda rights and invoked his right to remain silent. Municipal judge denied defendant's motion to suppress the stop, found officer was credible, denied defendant's attempt to introduce a video showing how the vehicle's lights never went off that had not been provided in discovery and convicted defendant. Law Division was unpersuaded by defendant's arguments, found the evidence as to the headlights was not relevant and found defendant guilty. Court affirmed finding there was probable cause for the traffic stop, officer was credible and had probable cause to arrest defendant, and there was credible evidence to support the DWI conviction. Additionally, defendant's statements demonstrated he understood the Standard Statement and trial court properly found video was not relevant. Unreported source  NJLJ 6/19/23 3 Stop of robbery suspect based on surveillance permitted here  State v. Murphy       Defendant appealed trial court's order denying his motion to suppress evidence seized following his arrest. A Port Authority Police Department detective interviewed a victim who had been robbed at a train station. The victim described the robber with details as to his height, race, physique, and clothing. The detective used surveillance footage to trace the suspect's movements back to a different train station, noting the suspect's height and weight and distinctive aspects of his pants. Surveillance footage from the other train station allowed the detective to determine what train car the suspect had ridden in. Some three and a-half hours after the robbery, the detective met the train car to obtain its surveillance video when he saw defendant, who matched the description of the suspect. Defendant was informed he matched the description of a robbery suspect and was taken to an interview room. Defendant was handcuffed at the time, but officers temporarily removed the handcuffs to allow him to empty his pockets to ensure officer safety. The contents of defendant's pockets included a benefit card bearing the robbery victim's name. Defendant subsequently gave a statement. Defendant moved to suppress that evidence, arguing police lacked probable cause to arrest him, and his statement and the search incident to arrest were unlawful. Trial court denied the motion, concluding the totality of the circumstances established probable cause for the arrest. Defendant appealed. Court affirmed. Court cited the reasons set out in trial court's thorough and well-written opinion, observing that the victim's suspect description was not vague, and that the subsequent details gathered by the detective, including the suspect's movements and clothing, demonstrated trial court's probable cause finding was not erroneous. Unreported Source Daily Briefing - 08-23-23     4. How to Select the Right Estate Planning Attorney  You need to make sure all the pieces of your puzzle fit together, like beneficiary designation, consistency, awareness of the law, and understanding what type of plan is appropriate for you. This is where working with a professional is essential. If the goal is to make things as easy as possible for your loved ones when you’re gone or during your incapacity, choosing the right attorney becomes essential.       Estate planning is complicated. If you want to make sure that you’ve covered all your bases, you have to find an attorney who is focused on estate planning. We keep up-to-date on changing laws. We have many tools at our disposal because we’ve been working in this are for 35 years. We have solutions for whatever the situation might be. Often, we have clients who are embarrassed to tell us about, for example,  a child who has a heroin addiction. It’s hard to talk about those things but we’ve handled all of those situations before. In fact, we can virtually guarantee you we’ve handled it before and we have a great solution for you.       It’s very important that you’re comfortable with your estate planning attorney. This is a long-term relationship and you want to be comfortable calling with questions. You don’t want to feel judged and you want to be happy going every two to three years and having that review, without it being an excruciating process.      Reputation is important. You can’t always depend entirely on the simplicity of rating systems, particularly since legal services also aren’t like sitting down at a restaurant and eating a meal. It’s a little more complicated than that, but their rating and reputation is still a good indicator of where they fit in the scheme of things. The ancient Romans are quoted as saying “knowledge is power.” But, a closer translation is “know-how is power.” You need to find an attorney with know-ho of the law as it actually plays out. That’s the planning we do for people. It’s not something you can regurgitate from a book or cut-and-paste from a template. It is something that we really understand and know It’s how we can better assist and protect your family.  5 Woodbridge Library Wills, Estate Planning & Probate Seminar April 30 , 2024 at 6:30 in person   This event will take place in-person  at the Woodbridge Main Library.  Free program open to the public, you do not need to be a Township resident to attend. This is where participants can register : https://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=16211&backTo=Calendar&startDate=2024/04/01 Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://g.page/r/CTBkhN95W6_OEAI/review Liking us on Facebook: https://www.facebook.com/profile.php?id=100021606926484 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

E696 VercammenLaw News

 

E696 VercammenLaw News

1.  Supreme Court now permits DWI plea bargains effective February 23, 2024 2. Ten Common Mistakes in Special Needs Planning  3 Welcome back Mike McDonald to our office 4   Information on the Knights of Columbus 5. If Arrested at a St. Patrick’s Parade  6. Photo Monmouth County Commissioner Director Arnone

1   Supreme Court DWI plea bargain are allowed per new DWI statute effective February 23, 2024

NJ Supreme Court officially removed Guideline 4 which had prohibited plea bargaining of DWIs in the Municipal Court. The Court order is expressed as comity with the Legislature's view in the recent DWI statute amendments. This changes 40 plus years on prohibition on DWI plea bargains. The Supreme Court recognized the new   plea-bargaining statute which became effective on February 19, 2024. L.2023, c. 191, §§ 2, 9.      DWIs  can possibly  be plea bargained as long as there's a factual basis. Accordingly, in the interest of comity, the Court adopts the statement of policy in the amendment to N.J.S.A. 39:4-50 and withdraws Guideline 4.

2. Ten Common Mistakes in Special Needs  By Thomas D. Begley, Jr., Esquire, CELA   1. Failure to Start with a Life Care Plan. A life care plan can be designed by a professional, a parent, or another family member with the assistance of professionals. The life care plan should begin by identifying the future needs of the child with a disability and establishing a standard of living that the parent wants for the child with a disability. The cost of the standard of living should then be established. This would include a discussion of immediate cash needs such as a home, a vehicle, repayment of debt, clothing and shoes, a computer, a cell phone, etc. A monthly budget should then be established, including shelter, transportation, and personal needs. How will all of these needs be met financially? The child with a disability may be receiving some benefits that can pay some expenses, and some can be paid for by accessing the trust. Assuming the trust can pay 3.3% per year for annual maintenance of the child with a disability, how much will be required to fund the trust? Does the parent have sufficient assets? If not, will whole life insurance be required? 2. Leaving Assets Directly to Your Child with a Disability.  Many parents have a will leaving assets outright to their children, including their child with a disability. This mistake renders the child with a disability ineligible for means-tested public benefits, including Supplemental Security Income (SSI) and Medicaid. Best practice dictates that the parents leave the assets to the child with a disability in a special needs trust to maintain the child’s public benefits. 3. Dividing Assets Equally Among All Children.  The instinct of parents is to divide their assets equally among their children on death. Parents love their children equally and want to treat them fairly. The problem is that if there is a child with a disability who is unable to work and support themself, that child will have greater needs. Best practice dictates determining what the child with a disability may need and carving that out first, then dividing any remaining assets among the healthy children who can support themselves. This often requires the purchase of whole life insurance.  4. Failure to Access Public Benefits.  Many parents who have a child with a disability apply for SSI for their child with a disability before the child attains age 18 and are rejected because their household income and assets are too high. The parents do not realize that after age 18 the income and assets of the parents are no longer deemed to the child with a disability, and another application should be made to qualify the child for SSI. In some states, an individual receiving SSI automatically receives Medicaid. Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), Federally Assisted Housing, and many other state programs may also be available. 5. Failure to Maximize Public Benefits.  Parents often fail to maximize public benefits available to a child with a disability. Parents commonly provide food and shelter for their child with a disability, which will cause the child to receive a one-third reduction in their SSI payment. The one-third reduction in the SSI payment for 2024 amounts to $313.33 per month. By executing a lease with the child with a disability and receiving payment from the child’s SSI payment for food and shelter, the SSI payment can be maximized. Parents often overlook other public benefits that may be available, including those set forth previously in the paragraph titled Public Benefits. These should be explored, and eligibility for these public benefits should be considered. 6. Failure to Obtain a Living Will and Power of Attorney for a Child with a Disability.  Often a guardianship in the future can be avoided, assuming the child with a disability has capacity, by having the child execute a medical power of attorney and financial power of attorney appointing parents or other family members as health care representative for purposes of making medical decisions or as agent under a power of attorney to make financial decisions. 7. Obtaining Guardianship When Guardianship is Not Necessary.  In many instances, once a child with a disability is age 18 and has limited ability to make decisions, the child may be able to make decisions with the support of a person such as a parent, family member, friend, or organization. An alternative to an unnecessary guardianship would be a supported decision-making agreement. 8. Failure to Obtain Guardianship.  Many parents fail to obtain guardianship for their child with a disability upon the child attaining age 18 when that child is incapacitated and unable to make decisions. Without a guardianship or authority under a medical or financial power of attorney, the parent has no legal authority to make medical or financial decisions on behalf of the child. Parents could be appointed guardians of the person or guardians of the property. 9. Relying on Other Family Members to Take Care of the Child with a Disability.  Other family members, particularly siblings, are often ready, willing, and able to assist with providing care for a person with a disability. However, when the time comes to provide that assistance, problems often arise. Frequently, there is an understanding that the child with a disability will live with a sibling. Sometimes this works; often, it does not. Occasionally, the sibling’s spouse strenuously objects, and sometimes the sibling realizes this undertaking would be enormous. Often, a sibling is willing to offer limited assistance, such as working with a disability organization or trustee, to ensure that the life care plan developed for the child with a disability is implemented correctly. In most cases, this is a realistic target.  10. Waiting. Many clients wait too long to plan. The longer a client waits to plan, the less likely it will be that sufficient assets will be set aside to provide the necessary standard of living for the child with a disability.      From Begley Law Group. begleylawgroup.com        Tom Begley Jr., Esq., a distinguished author and speaker in New Jersey. Tom’s website has a wealth of information and forms on Medicaid, Special needs planning, and guardianship. Ken Vercammen has been fortunate to serve as a speaker with Mr. Begley for the NJ State Bar Association  numerous times.     Begley Law Group, P.C. has served the Southern New Jersey and Philadelphia area as a life-planning firm for over 85 years.  Our attorneys have expertise in the areas of personal injury settlement consulting, special needs planning, Medicaid planning, estate planning, estate & trust administration, guardianship, and estate & trust litigation. Contact us today to begin the conversation.       This newsletter is not intended as a substitute for legal counsel.  While every precaution has been taken to make this newsletter accurate, we assume no responsibility for errors or omissions, or for damages resulting from the use of the information in this newsletter.  More info at https://www.specialneedsalliance.org/the-voice/ten-common-mistakes-in-special-needs-planning/ 3 Welcome back Mike McDonald to our office Also Welcome Dayona Gilbert, future Law student at CUNY      Best wishes to Andrei Pilipetskii JD, who is leaving to finish Masters in Elder Law. Thank you for years of hard work. Also best wishes to Chris Ayala who is now pursuing Masters in Computer Science via GI Bill.  4 Information on the Knights of Columbus    When Ken Vercammen attended the University of Scranton, he was invited and joined the Knights of Columbus. Membership in the Knights of Columbus is open to men 18 years of age or older who are practical (that is, practicing) Catholics in union with the Holy See. Candidates join local units, called "councils," most of which are based in one Catholic parish, or in the community at large. The candidate takes part in initiation degrees that explain the Knights of Columbus´ four principles: Charity, Unity, Fraternity and Patriotism. https://njkofc.com/join-us#:~:text=Membership%20in%20the%20Knights%20of,of%20the%20Knights%20of%20Columbus.       A candidate is considered a "Knight" after taking his First Degree, but he is encouraged to advance through the Second and Third Degrees and on to the Fourth Degree, whose members promote the virtue of patriotism by serving in honor guards, color corps and promoting respect for country and the flag. Knights of Columbus have a proud heritage. The qualified Catholic man can share in this heritage and build for an even greater future by affiliating himself with this forceful, effective fraternal organization.      Ken is now a member of Knights of Columbus, Council #5611Spring Lake. Grand Knight Kevin Fay advises If a Catholic gentleman  who is between the ages of 18 and 110 wishes to join the Knights of Columbus, Please let him know! : kevintfay@verizon.net; (732) 681-4128. We would love for them to join us! The Knights of Columbus are a Catholic , Fraternal Organization, that serve their Priests and Parishes, throughout the U.SA. They perform various works of charity, throughout the year. Membership is free for the first year, and open to Catholic men, 18 years old, and older. The Knights of Columbus have a proud heritage. Catholic men can share in this heritage, and build for an even greater future, by affiliating himself with this wonderful, Fraternal organization.        Grand Knight Kevin recommends that you join Knights of Columbus, Council #5611. Put Council # “5611” as the Council you wish to join. Grand Knight Kevin Fay will easily transfer you to your local Council. Kevin invites you to his home, to view the 26 minute video: “ Exemplification of Charity, Unity and Fraternity”, and have free pizza. As soon as you view the video, you become a full-fledged Knight of Columbus, and receive your 1st, 2nd and 3rd Degrees. Kevin Faye will be happy to answer any questions!        Ken Vercammen is a 3rd degree and 4th degree member. Previously a member of Edison Pope Pius Council. 5 Arrested at a St. Patrick’s Parade ? Penalties if arrested     Over 100 police and law enforcement will be out at parades to charges persons for drunk & disorderly matters.  Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court  Jail 2C: 43- 8      jail  6-month maximum max                          probation 1-2 year                                                              community service  180 days maximum                          mandatory costs, VCCB and other penalties Disorderly- fines:     2C: 43- 3     $1,000 Fine  maximum         There are dozens of other penalties a court can impose, depending on the type of matter.    More info at https://www.blogger.com/blog/post/edit/6420448491658025618/2354841753249276313 2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he: (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2)Negligently causes bodily injury to another with a deadly weapon; or (3)Attempts by physical menace to put another in fear of imminent serious bodily injury. •     Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.       Resisting Arrest It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest. Often a crime of the fourth degree.     Indictable Crime Penalties    [Felony type]  [ Superior Court] •        Jail  potential          Fine max                 Probation •        1st degree             10- 20 years       $200,000 [presumption of jail] •     2nd degree                         5-10 years   $150,000 [presumption of jail] •     3rd degree                         3- 5 years    $15,000   1 year- 5 year •     4th degree                         0- 18 months       $10,000   1 year- 5 year Hindering Apprehension or Prosecution (2C:29-3) A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation. •     Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense. Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1)   Engages in fighting or threatening, or in violent or tumultuous behavior; or (2)   Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor. b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. “Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. ·      Petty Disorderly person - 30 days jail   maximum Petty DP $500 max Fine, VCCB and other penalties Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal.  Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition of illegal drugs (2C: 35-10) It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog [other than weed]. •     Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.          2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty Jail 2C: 43- 8          potential jail  6 month maximum               probation 1-2 year max                                                                community service  180 days maximum                                   Disorderly- fines:    $500- $1,000 Fine  maximum  under 2C: 43- 3          plus mandatory costs, VCCO and other penalties        33:1-81 Underage drinking and Misrepresenting age to induce sale or delivery to minor fine 500-1,000, court costs and other penalties If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.       Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don’t give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants. CONCLUSION           If charged with any criminal offense, immediately schedule an   appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.   St Patrick Parades Ken V is attending 2024     March 2 Mt. Holly St Patrick parade & 5k Sat race11am, parade 1pm        https://mounthollyparade.com    March 3 Belmar St. Patrick Parade   Sun 1pm https://www.belmarparade.com Ken V will be marching with Friendly Sons of the  Shillelagh FSOS Belmar March 9     Ocean County/Seaside Heights  Parade    Saturday  @ Noon  https://www.ocstpatricksdayparade.com/?fbclid=IwAR252DOjzcMeM-CcYTHKgJQHea5QWtJuX69wpguYLPLLekSWtKJacOlEWaY March 10  Asbury Park, NJ St. Patrick Parade  [bring flask of Irish Coffee w Jamison] @ 1:00 PM   Sunday,     http://asburyparkstpatricksparade.com Ken V will be marching with Friendly Sons of the  Shillelagh FSOS Belmar   6. Photo Monmouth County Commissioner Director Arnone    Monmouth County Commissioner Director Arnone congratulates Headliner 5k Pound the Pavement Commissioner age group winners Ford, Vercammen Galizio. Spring races listed at http://vercammensport.blogspot.com  Thank you for reading and sharng our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://g.page/r/CTBkhN95W6_OEAI/review Liking us on Facebook: https://www.facebook.com/profile.php?id=100021606926484 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