Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500,

www.njlaws.com

Tuesday, June 21, 2016

Congratulations to Gary Bauer of Cooley Law School for receiving ABA Trainer award helping law students and young lawyers



Congratulations to Gary Bauer of Cooley Law School for receiving ABA Trainer award helping law students and young lawyers  

Happy Hour & Networking Social July 15, 2016 Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social

Happy Hour & Networking Social
July 15, 2016 
Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social
July 15, 2016 Friday
at Bar Anticipation 
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !    Sorry is this is dup but we did not want to miss anyone
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
      Outdoor bands, prize give aways. Bring your friends. Pass this along. 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 next networking happy hour, please contact 
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817   

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
Dispute Resolution Section

Special Committee for Paralegals
Insurance Defense Special Committee
Special Civil Part Special Committee, 
Lawyers In Transition 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
__________________

Co-Sponsors from 2015 party also were 
, NJAWBO (NJ Association of Women Business Owners), , NJ Law Librarians Association NJLLA, Asian Pacific American Lawyers Association of New Jersey, Elder and Disability Law Section
Insurance Law Section
Product Liability and Toxic Tort Section
Diversity Standing Committee   
Government and Public Sector Lawyers Special Committee, 
Antitrust Law Special Committee


Happy Hour & Networking Social July 15, 2016 Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social

Happy Hour & Networking Social
July 15, 2016 
Professionals, Attorneys, 5k runners, Friends, Clients, Law Enforcement invited to Happy Hour & Networking Social
July 15, 2016 Friday
at Bar Anticipation 
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !    Sorry is this is dup but we did not want to miss anyone
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
      Outdoor bands, prize give aways. Bring your friends. Pass this along. 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 next networking happy hour, please contact 
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817   

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
Dispute Resolution Section

Special Committee for Paralegals
Insurance Defense Special Committee
Special Civil Part Special Committee, 
Lawyers In Transition 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
__________________

Co-Sponsors from 2015 party also were 
, NJAWBO (NJ Association of Women Business Owners), , NJ Law Librarians Association NJLLA, Asian Pacific American Lawyers Association of New Jersey, Elder and Disability Law Section
Insurance Law Section
Product Liability and Toxic Tort Section
Diversity Standing Committee   
Government and Public Sector Lawyers Special Committee, 
Antitrust Law Special Committee


Tuesday, March 8, 2016

39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property

39:4-129(d) Leaving the scene of
accident involving
damages to unattended
vehicle or property
First offense: Fine or
imprisonment not exceeding 30
days, or both, and suspension of
driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or
imprisonment not less than 30
days nor more than 90 days, or
both, and suspension of driving
privileges for 1 year from date of
conviction
$400 $600
NJ MVC Points 39:4-129 Leaving scene of accident- No injuries
2

Plus 2 car insurance points

39:4-129, 39:4-130 Leaving Scene of Accident and Failure to Report, Car Accident

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. There is mandatory 6 month loss of license for leaving the scene. Our goal as the attorney is to negotiate with the prosecutor to reduce down to a violation with no suspension.
39:4-129   Action in case of accident.
 39:4-129 . (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary.  Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both.  The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
More info at http://www.njlaws.com/leaving_the_scene.html
In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

(b)The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary.  Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

(c)The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operators license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d)The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e)There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

Amended 1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1; 2007, c.266, s.1.

39:4-130  Immediate notice of accident; written report.
  
39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the chief administrator to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances.  The chief administrator may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous.  The commission may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the commission, the original report is insufficient.  The reports shall be without prejudice, shall be for the information of the commission, and shall not be open to public inspection.  The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.

Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.

Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.

In those cases where a driver knowingly violates the provisions of this section by failing to make a written report of an accident, there shall be a permissive inference that the registered owner of the vehicle which was involved in that accident was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was the person involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.

Except as otherwise provided in this section, a person who knowingly violates this section shall be fined not less than $30 or more than $100.

The chief administrator may revoke or suspend the operators license privilege and registration privilege of a person who violates this section.


For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident. Copyright 2016 Vercammen Law

Saturday, January 23, 2016

New Expungement Law permits petitions for Expungement of arrests in shorter time periods.

   New Expungement Law permits petitions for Expungement of arrests in shorter time periods.
This is an excellent law to help non-violent offenders.     
This new law establishes new expungement procedures for records and information pertaining to crimes and offenses, including procedures for persons who are, or previously have been, successfully discharged from the State’s special probation drug court program.  It also provides shorter waiting periods before certain records and information become expungeable.
You can now get expungements for both the crime and the disorderly persons convictions.
The new law takes effect until April 18, 2016.
The time period for expunging a Municipal Court criminal charge may be reduced to 3 years if you can show exception circumstances. Otherwise it stays 5 years.
      Regarding a person with a criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court in the county in which the criminal conviction was adjudged.  That application could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses.  The application could only be filed after the expiration of five years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, for the crime or for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period under current law for a criminal conviction expungement is ordinarily 10 years).  Alternatively, the court could grant an expungement on the application if less than five years has expired from the payment of any fine but the five-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
      Regarding a person with a conviction for a disorderly persons or petty disorderly persons offense, but no criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court concerning that offense following a procedure similar to that used for criminal convictions.  The application, like an application concerning a criminal conviction, could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses.  The application could only be filed after the expiration of three years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period on convictions for such offenses under current law is five years).  Alternatively, the court could grant an expungement on the application if less than three years has expired from the payment of any fine but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
      Regarding a person with an arrest or charge that did not result in a conviction or finding of guilt, whether the proceedings were dismissed, or the person acquitted or discharged, upon a person presenting an application for expungement:
      (1) if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal, or discharge, would order the expungement of all records and information relating to the arrest or charge; or
      (2) if the proceedings took place in municipal court, the municipal court would provide the person with appropriate documentation to transmit to the Superior Court to request an expungement, and the Superior Court, upon receipt of the documentation with an expungement request would take action to order the expungement of all records and information relating to the arrest or charge.  A person seeking such an expungement of municipal court matters would not be charged an application fee for taking such action.
      An expungement related to a dismissal, acquittal, or discharge without a conviction or finding of guilt would not be available whenever the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges.  However, this bar on such expungements would no longer apply once the conviction connected to the plea bargain was itself expunged.
      If the person did not apply for an expungement related to a dismissal, acquittal, or discharge at the time such action occurred, the person could, at any time following the disposition of proceedings, present to the Superior Court in the county in which the disposition occurred an application with a duly verified petition, containing relevant details concerning the applicant and the arrest or charge for which the expungement is sought.  The person, pursuing this “after the fact” expungement application, would also not be charged an application fee.
      A copy of any Superior Court order of expungement related to a dismissal, acquittal, or discharge would be presented to the appropriate court and the prosecutor.  The prosecutor would then be responsible for promptly distributing copies of the expungement order to appropriate agencies with custody and control of the records specified in the order so that they may be properly expunged.
      Regarding a person who is, or was prior to the effective date of the law, successfully discharged from the State’s special probation drug court program, the law would permit the Superior Court that had sentenced the person to the program to expunge all records and information relating to prior arrests, detentions, convictions, and proceedings for any offense enumerated in the Criminal Code, Title 2C of the New Jersey Statutes, existing at the time of discharge from the program.  However, the person would not be eligible for such an expungement action if the person’s records include a conviction for any offense barred from expungement pursuant to N.J.S.2C:52-2.          
      For a person who is successfully discharged on or after the effective date of the law, the person would only be eligible to have all prior matters expunged if the person was not convicted of any crime, disorderly persons offense, or petty disorderly persons offense during the term of special probation.  For a person who was successfully discharged prior to the effective date of the law, the person would only be eligible to have all matters expunged that existed at the time of discharge from the program if the person has not been convicted of any crime or offense since the person’s date of discharge.
      The Superior Court would grant the person successfully discharged from the special probation drug court program the relief of expungement, unless it finds that the need for the availability of the records and information outweighs the desirability of having the person freed from any disabilities associated with their availability.  The person would not be charged any fee for such an expungement action.
      Lastly, regarding the continued availability of any expunged records and information, the law updates the statutory list of parties within the criminal justice system that may still view such records and information.  Along with courts, county prosecutors, the Probation Division of the Superior Court, and the Attorney General, the Pretrial Services Program making pretrial release recommendations on certain persons undergoing the release determination process set forth in sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.) would also be able to examine expunged records and information.
      As amended and reported, this law is identical to Assembly Law Nos. 206, 471, 1663, 2879, 3060, and 3108 (ACS/2R), as also amended and reported by the committee. SENATE, No. 2663
More info on hiring an attorney for an expungement at http://www.njlaws.com/expungement.html

This Legislation sponsored by Assembly Democrats Jerry Green, Grace L. Spencer, Reed Gusciora, Gordon Johnson, John F. McKeon, Thomas Giblin, Benjie Wimberly and Annette Quijano to reform New Jersey's expungement laws has been signed in January.
"Expungement offers an incentive against recidivism. It gives people who currently have little chance of finding legal employment the opportunity to leave past mistakes behind them, find a job and be productive," said Green (D-Middlesex/Somerset/Union). "The fact of the matter is, the system is working against those individuals who have served their time and want to change and do better."
The new law (A-206-471-1663-2879-3060-3108) reduces the statutory waiting period for an expungement of a criminal conviction from 10 years to five years from the date of the person's last conviction, payment of fine, satisfactory completion of probation or parole or release from incarceration, whichever is later. In the case of a disorderly persons or petty disorderly persons offense, the waiting period is reduced from five years to three years. Individuals with a criminal conviction or a conviction for a disorderly persons or petty disorderly persons offense must apply for an expungement to the Superior Court in the county where the conviction was adjudged.
"A criminal record can affect a person's ability to secure housing, employment and even loans for school," said Spencer (D-Essex). "How is a person supposed to successfully reintegrate back into society when almost every road to self-dependence is blocked by a criminal record?"
"Individuals who have learned from their mistakes should not be defined by their criminal records for the rest of their lives," said Gusciora (D-Mercer/Hunterdon). "These folks are going back into our communities. It makes sense that we make it easier for them to become constructive citizens."
"Putting your life back together after being incarcerated can take time. It can take even longer with a criminal record looming over you," said Johnson (D-Bergen). "It is a greater benefit to society when these individuals are able to put their past behind them and lead better, more productive lives."
The new law also will allow expungement of conviction records for certain persons who have completed the state's special probation drug court program. The court may order the expungement of all records and information related to all prior criminal arrests, detention, convictions and proceedings for any offense enumerated in the Criminal Code, Title 2C of the New Jersey statutes. A person is ineligible for expungement if his or her records include a conviction for any offense that had been previously barred from expungement.
An individual who is successfully discharged on or after the law's effective date, April 18, 2016, will be eligible to have all prior matters expunged only if he or she was not convicted of any crime, disorderly persons offense or petty disorderly persons offense while on special probation. An individual who was successfully discharged prior to the law's effective date will be eligible to have all matters expunged that existed at the time of discharge only if he or she has not been convicted of any crime of offense since his or her discharge date.
"Participants in drug court have a far lower recidivism rate than offenders who are incarcerated in state prisons," said McKeon (D-Essex/Morris). "If we want these individuals to continue on the right path, then we have to give them the chance to do better instead of setting up roadblocks."
"There's no benefit to continually punishing people who have served their time and now want to redeem themselves," said Giblin (D-Essex/Passaic). "We have to create opportunities for individuals who want to be productive members of society, which is very hard to do with a criminal record."
"These individuals successfully completed a substance abuse program. They did not break any laws while in the program. They have demonstrated a desire to be and do better," said Wimberly (D-Bergen/Passaic). "Expunging their criminal records can help them continue on the path to recovery."
In the case of individuals with an arrest or charge that did not result in a conviction or finding of guilt - whether the proceedings were dismissed, or the person was acquitted or discharged - the following would apply:
  if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal or discharge, would order the expungement of all records and information relating to the arrest or charge; or
  if the proceedings took place in municipal court, the municipal court would provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request an expungement, and the Superior Court, upon receipt of the documentation with an expungement request would take action to order the expungement of all records and information relating to the arrest or charge. A person seeking such an expungement would not be charged an application fee for taking such action.
"The lingering effects of a criminal record can make the difference between successful reintegration and reentry. These individuals went through the judicial process and were absolved," said Quijano (D-Union). "The sooner their records are expunged, the sooner they can get back to normal.” They can hire an attorney for expungement in a shorter waiting period.