Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate 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.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Friday, November 17, 2017

E400 NJ LAWS Email Newsletter

E400 NJ LAWS Email Newsletter

Greetings!
Happy 4thof July!

1. Police Cannot Search Home for Noise Complaint.State v. Kaltner210 NJ 114 (2012).

The decision of the Appellate Division is affirmed substantially for the reasons expressed in Judge Parillos opinion. Because the police officers warrantless search of the home after they were called to address a noise complaint was not objectively reasonable, the evidence obtained during the search was properly suppressed.

2. Arrest Permitted Where Sign Said No Loitering.State v. Gibson425 NJ Super. 523(App. Div. 2012) A-1513-10T4. 5-8-12
In this appeal, defendant argued, among other things, that the trial judge erred in denying his motion to suppress evidence seized from him following his arrest for defiant trespass. The court rejected this argument, concluding that the arresting officer possessed probable cause that defendant had engaged in a defiant trespass even though the property owner posted a no loitering instead of a no trespassing sign.

3. New YouTube Videos

We recently posted new videos on YouTube. These videos cover a number of different legal areas such as criminal, traffic, personal injury, wills and estate planning, etc. Visit our YouTube channel to view these videos....

http://www.youtube.com/user/kvercammen

4.Termination of Child Support After High School Graduation and Upon Emancipation.

Child support is usually paid through a wage withholding garnishment at the parents job. Child Support Orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for the payor to simply wait for the child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term emancipation is sometimes defined as follows: (i) The completion of the childs formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the childs education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the childs control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.

Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, a copy of the birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order, which your attorney can file without the need for a Formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the Child Support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most Child Support Orders continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v. Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.

5. You are Invited to Kenneth Vercammens Annual Summer Blast Happy Hour.

Friday, July 20, 2012
5:00PM - 7:00PM

atBar Anticipation Where Summer Never Ends
703 16th Avenue
Lake Como/ Belmar, NJ 07719

Free for you and two friends.

5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Specials

We will be at the outside Boardwalk bar under the tent.

Email Kens Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope or drop it off at Kenneth Vercammens Law Office, 2053 Woodbridge Ave., Edison, NJ 08817. Meet the past award winners of Municipal Court Attorney of the Year.

More details at:
http://www.facebook.com/events/437918506222131

Editorial Assistance provided by Kylie Cohen. Ms. Cohen will be entering her second year at Seton Hall University School of Law. She is currently participating in Kenneth Vercammens Summer Internship Program.
For more information please visit this link http://www.njlaws.com/E400NJLawsEmailNewsletter.html?id=3588&a=

NJ Laws Email Newsletter E399 Kenneth Vercammen, Attorney at Law

                                                NJ Laws Email Newsletter E399
Kenneth Vercammen, Attorney at Law
Greetings Kenneth Vercammen,

1. You are invited to:
Kenneth Vercammens
Annual Summer Blast Happy Hour
Friday, July 20, 2012
5:00PM - 7:00PM

atBar Anticipation Where Summer Never Ends
703 16th Avenue
Lake Como/ Belmar, NJ 07719

Free for you and two friends.

5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Specials
We will be at the outside Boardwalk bar under the tent.

Email Kens Law Office so we can put your name on the VIP list for wristbands.

Bring a canned food donation for the St. James Food Bank Hands of Hope or drop off at:
Kenneth Vercammen Law Office,
2053 Woodbridge Ave,
Edison, NJ 08817.

Meet the past award winners of Municipal Court Attorney of the Year
More details at:


2. DWI Guilty Plea Reversed where No Reasonable Suspicion Under the Influence.State v. Maclay, App. Div.Docket No. A-4542-10T4) Unreported.
Defendant appealed from the order of the Law Division, denying de novo his motion to suppress a motor vehicle stop that led to his arrest and conditional plea to driving under the influence. The Law Division sustained defendants objection to consideration of the 911 recording, finding the state violated its continuing duty to provide it; defense counsel did not have an opportunity to cross-examine witnesses regarding it; and he did not have the opportunity to argue its significance before the municipal court.
The appellate panel found the state failed to present sufficient facts on which one could draw a reasonable and articulable suspicion of driving under the influence. There was no observation of inebriation or alcohol consumption before defendant entered his vehicle; nor was there any record evidence - after suppression of the 911 recording - that defendant was observed driving erratically, or unusually, or in violation of other motor vehicle laws. The panel reverses and remands to the municipal court to allow defendant to withdraw his conditional guilty plea.
Source-Daily Briefing - March 1, 2012

3. Judge is Reprimanded for Helping Prosecutor in DWI Trial.In the Matter of Gregory R. McCloskey, JudgeDocket ACJC 2010-283Unreported

A municipal judge who fed questions to the prosecutor during an ex parte chat in a drunken-driving case was publicly reprimanded on Feb. 24. The state Supreme Court agreed with the Advisory Committee on Judicial Conduct that Gregory McCloskey undermined confidence in the benchs independence and impartiality by showing a preference for the prosecution and should have disqualified himself. According to the ACJC presentment, McCloskey directed the prosecutor - outside the presence of defense counsel - to ask two questions of a witness that were specifically central to the States case and specifically critical to the defense theory.

Unreported Source:
DailyBriefing - February 28, 2012


4. New statewide ban on the manufacture, distribution, sale, and possession of any of the hundreds of dangerous, manmade chemicals designed to mimic the effects of marijuana.

Attorney General Jeffrey S. Chiesa announced a statewide ban on the manufacture, distribution, sale, and possession of any of the hundreds of dangerous, manmade chemicals designed to mimic the effects of marijuana, commonly known as synthetic marijuana, K2, or Spice.
Attorney General Chiesa noted that the ban, issued by the Division of Consumer Affairs, is much more comprehensive than previous efforts to eliminate synthetic marijuana. It includes both broad and specific language that includes all possible variants of the drug.
5. Belmar 5 Mile Race fun teams July 14, 8:30am

Kenneth Vercammen is again putting together 5 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our teams of fun.

Our winning team last year won free beer tickets. Individual Application online at: http://www.belmar5.com/belmar.pdf or visit:

The names of Kens teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [just trying to finish] and our masters, known as The Legends of Belmar. We will have runners from several running clubs, including RVRR, JSRC, CJRR & Sandy Hooker Tri Club and Rumson Hash.

You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.

Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.

Team awards, music and Beach party, after the race at Bar Anticipation.

Bring your Belmar Five Mug - mug discounts all day after the Race!

Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)

If you have or will enter the Belmar 5, email Ken V at:KenV@njlaws.com

Call Kenneth Vercammen at: 732-572-0500

More details on the Belmar 5 at:

6. Coming Soon... Mobile App for Iphone and other SmartPhones!


Editorial Assistance provided by Kylie Cohen. Ms. Cohen will be entering her second year at Seton Hall University School of Law. She is currently participating in Kenneth Vercammens Summer Internship Program.
For more information please visit this link 
http://www.njlaws.com/E399.html?id=3527&a=

E386 NJ Laws Email Newsletter

E386 NJ Laws Email Newsletter

E386 NJ Laws Email Newsletter
Kenneth Vercammen,
Attorney at Law

February 1, 2012

Office Phone Number: (732) 572-0500

Website: www.njlaws.com

Recent Cases: 1. Text Messages between Parents Not Automatically Harassment. 2. Personal Use Does not Permit Growing Medical Marijuana. 3. Fun Upcoming Events.

Greetings,

Recent Cases:
1. Text Messages between Parents Not Automatically Harassment. L.M.F. VS. J.A.F. 421 NJ Super 523 (App. Div. 2011)

In this appeal from a final domestic violence restraining order, the court applied the principles articulated by the Court in J.D. v. M.D.F., _____ N.J. _____ (2011), and concluded the trial court erred in finding the predicate offense of harassment.

The parties are divorced parents. They used text messaging as the primary means of exchanging information about their two children. The domestic violence complaint alleged harassment based on defendant sending plaintiff eighteen text messages over a three-hour period. The content of the messages was not threatening or menacing in any way. The court also held there was insufficient evidence of a history of domestic violence to substantiate that a restraining order was necessary to prevent further abuse as required under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006).

2. Personal Use Does not Permit Growing Medical Marijuana. State v. Wilson 421 NJ Super 301 (App. Div. 2011)The principal issue in this case is whether the personal use defense for manufacturing a controlled dangerous substance, N.J.S.A. 2C:35-2, applies to the growing of marijuana under N.J.S.A. 2C:35-5. After reviewing the relevant statutory language, as well as the purpose for the personal use exemption, the court affirms the trial courts determination that there is no personal use exemption for growing marijuana.

3. Fun Upcoming Running

2/4 Long Branch Hot Chocolate 5k 10am 2/4 RVRR Annual dinner Piscataway

Saturday, Feb 11, 10 AM, 5K, Sandy Hookers Winter Series [http://r20.rs6.net/tn.jsp?llr=be4bcacab&t=gzrm6ajab.0.0.be4bcac ab.0&id=preview&ts=S0727&p=http%3A%2F%2Fwww.raceforum.com%2Fchoc olate], Long Branch, NJ

2/11 Cupids Run New Brunswick & Princeton for Community Options, Inc. (COI)

2/26 Four Mile Beach Run 2PM Pier Village in Long Branch, NJ Sandy Hookers party afterward.

Kenneth Vercammens St. Patrick Happy Hour,
Friday, March 16, 2012 5:00PM - 7:00PM
Bar Anticipation Where Summer Never Ends 703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free for both invited guests and their friends

5-8PM Hot & Cold Buffet with carving station on 1st floor
Our Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

We are located in the back room past the stage, called the Mahogany Room, near the outdoor bar.

Email Kens Law Office so we can put your name on the VIP list for wristbands.

VercammenLaw@Njlaws.com [mailto:VercammenLaw@Njlaws.com]

Bring a canned food donation for the St. James Food Bank Hands of Hope.


http://www.facebook.com/events/343216882366142/


KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817
(Phone) 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
Follow Us On:

For more information please visit this link http://www.njlaws.com/E386_NJ_Laws_Email_Newsletter.html?id=3079&a=

E380 NJ Laws Email Newsletter

E380 NJ Laws Email Newsletter

Greetings Kenneth Vercammen,
RECENT CASES:1. Police did not Require Warrant for Cell Phone Site.State v. Earls.
The use of cell phone site information, obtained by the police without a warrant from a suspects cell phone provider to determine his general location, does not violate the Fourth Amendment or its counterpart in the New Jersey Constitution because a person has no constitutionally protected right of privacy in his general location on roadways or other public places.
2. DP May Require Forfeit of Public Office.State v. Kennedy419 NJ Super. 475 (App. Div. 2011)
The offense of tampering with physical evidence is an offense involving dishonesty, which requires the forfeiture of public office or employment under N.J.S.A. 2C:51-2(a)(1).
3. Next Community Events:
Wed Nov 16 Freezing Cold Hash helpers meeting Nov 16 after Raritan Valley Road Runners weekly run in Highland Park from the Reformed Church
8pm meet at Indochine restaurant,371 George St, New Brunswick, NJ 08901
We will order sandwiches from Santos Deli Edison to eat after 6:30 RVRR run.http://www.santosdeli.com. I will get someone to pick up .
If you are attending, please email back type of sandwich you want.We want to order sandwiches the day before.
11/19/11 Manasquan Turkey Trot 5-mile Manasquan--11am party at taverns after race discount beer. If attending email Ken V
11/25/11 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am. If attending email Ken V
11/27/11 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event 10:00 AM Free beer at Firehouse after event. If attending email Ken V
11/29/11Diversity Committee-MINORITY JUDGES RECEPTION-6:00PM- New Jersey Law Center, New Brunswick, NJ
December 2, 2011
FridayKen Vercammens Christmas Party and Holiday Social- - 5:00pm - 7:00pm
Bar Anticipation Where summer never ends
703 16th Avenue, Lake Como/ Belmar, NJ07719
We have over 4,000 past client and 2,000 attorneys, Judges, friends and Professionals on our old paper mailing lists. Only those who provided a legible email address are receiving the Invite to the Dec 2 Christmas party. You are the Chosen Ones to receive the special initiation.
Visit us at:
http://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC/149816077985
Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.
Please visit this link for more information http://www.njlaws.com/E380.html?id=2812&a=

E379 NJ Laws Email Newsletter

E379 NJ Laws Email Newsletter

Greetings Kenneth Vercammen,
1. You are invited to Ken Vercammens Christmas Party and Holiday Social,Friday, December 2, 2011 5:00PM - 7:00PM

Bar Anticipation Where Summer Never Ends
703 16th Avenue
Lake Como/ Belmar, NJ07719

Free for both invited guests and their friends
5-8PM Hot & Cold Buffet with carving station

$1.00 Drafts 6-7PM [need special wrist band from Ken V]

We are located in the back room past the stage, called the Mahogany Room, near the outdoor bar.

This event is open to your friends. If you are attending, email Kens Law Office so we can put your name on the list for wristbands. VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope.  

Free gifts to clients & friends. The following will be given out:
Coffee Travel Mugs
Yellow T-Shirt My attorney fights to win
Can Coozies
Water Bottle
Stadium Cup
Magnet clip
Band-Aid holders
Candy/ breath mints
Fish cards
More details at:
http://www.facebook.com/event.php?eid=175941519154087
New Cases:
2. DP May Require Forfeit of Public Office.State v. Kennedy419 NJ Super. 475 (App. Div. 2011)
The offense of tampering with physical evidence is an offense involving dishonesty, which requires the forfeiture of public office or employment under N.J.S.A. 2C:51-2(a)(1).
3. New Expert Testimony Requires Testimony of Acceptability and Reliability.State v. Pittman419 NJ Super. 584 (App. Div. 2011)

New Jersey has not considered the admissibility in a criminal case of the results of the phenolphthalein presumptive test for the presence of blood on a person or object or any other presumptive test utilized for that purpose. Nonetheless, in this case, evidence of a positive result was introduced, without objection, by a police detective with no prior experience in conducting the test and no understanding of how it functioned or of the possibility of false positive results occurring as the result of the presence of substances other than blood. The court found the introduction of the test results to constitute reversible error, and in the course of our discussion of the issue, canvassed precedent from other states discussing the conditions for admissibility of the phenolphthalein test and other presumptive tests for the presence of blood.
4. DWI Reversed, Pause at a Green Light Not Sufficient to Stop Car.State v. BrackinA-5994-09T2 Unreported.

Plaintiffs pause at a green light of about 10 sections before proceeding through the intersection was not sufficient length to have raised community caretaking concerns, particularly since defendants driving after beginning to go through the light was unexceptional, and the police did not have sufficient probable cause to stop defendants car. His conviction for driving while intoxicated is reversed.
5. Next Events:
11/6/11 RUN with the VIKINGS 5K 10:00AM South Brunswick High School, Bob Tonas good event
11/13/11 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am
2011 Municipal Court College
Mon, Nov. 14, 2011
5:30 PM - 9:00 PM
New Jersey Law Center, New Brunswick
11/19/11 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer
11/25/11 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am
11/26/11 Rumson hash annual Crazy Eddie memorial trail run, not race 10:17 call for secret location732-219-0301
11/27/11 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event 10:00 AM Free beer at Firehouse after event
11/29/11 Jersey Shore Runners Club meeting, snacks and beers provided Deal Firehouse, 7pm, followed by Freezing Cold Hash helpers meeting.

Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.
For more information please visit  http://www.njlaws.com/E379.html?id=2810&a=

E375 NJ Laws Email Newsletter

E375 NJ Laws Email Newsletter

1. Fly the Flag on 9/11
GET YOUR FLAG READY!Please join us in this FLY THE FLAG campaign and PLEASE forward this Email immediately to everyone in your address book asking them to also forward it. If you forward this email to least 11 people and each of those people do the same, thousands can be reached!
THE PROGRAM:On Saturday, September 11th, 2011, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this seventh anniversary of one our countrys worst tragedies. We do this honor of those who lost their lives on September 11, 2001, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.
In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldnt take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Action Plan:So, heres what we need you to do;
1. Forward this email to everyone you know, at least 11 people. Please dont be the one to stop this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
2. Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you dont, then at least make it a priority on this day.
2. Do I have a Case if involved in an Accident?
People frequently contact lawyers after they have gotten hurt to ask do I have a case? When answering this question, lawyers consider several factors. First, a lawyer must determine whether someone was negligent. The issue of negligence is based upon whether the injured party was owed a duty of care from someone else. Any breach of that duty of care, either through reckless or careless behavior, can be considered negligence.
However, the analysis does not stop there. A lawyer must then consider if the injured person is entitled to an award of damages. Damages are monetary compensation intended to address an injury that someone has sustained. Damages can be awarded to pay an injured partys medical bills, reimburse him for lost salary, fix damaged property, and account for pain and suffering.
In some instances, a person may have been injured through someones negligence, but has suffered no damages. If that happens, a lawsuit may not be advisable. Obviously, no one should make this determination on their own.
Source:News from Courter, Kobert & Cohen, PC.
3. Recovering Attorneys Fees in Litigation Cases?
Many litigants are surprised to learn that they cannot recover their attorneys fees if they win their lawsuit. The reason is quite simple - New Jersey follows the American Rule. The American Rule means that each litigant pays his own attorney regardless of who ultimately prevails.
New Jersey Court Rule 4:42-9 has certain exceptions to the American Rule. It generally permits an award of attorneys fees where such fees are allowed by statute or the Court Rules. In addition, attorneys fees may be recovered in a contract dispute if the written agreement permits the prevailing party to recover those fees.
Prospective litigants should, therefore, be mindful of the amount of money in dispute and seek to obtain an accurate estimate of the fees and costs that will be incurred during each phase of a litigated matter. As is the case with any business decision, a cost/benefit analysis should be thoroughly considered with your lawyer before proceeding into litigation and when contemplating a potential settlement.Source:News from Courter, Kobert & Cohen, PC
For representation in Northwest NJ callParis P. Eliades(973) 726-0555
Sparta, New Jersey
4. Free Will Seminars and Speakers Bureau
The AARP Network Attorneys of the Edison/Metuchen/East Brunswick area had established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:
Details on the 2 programs currently offered:
1. WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY
2. NEW PRIVACY LAW REQUIRES POWER OF ATTORNEY OR WRITTEN CONSENT FOR DOCTORS TO DISCUSS MEDICAL ISSUES WITH SPOUSE OR FAMILY.
All instructors are licensed attorneys who have been in practice at least 17 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association.
All programs include free written materials.
You dont have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.
Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Cost of an uncomplicated Will; Where should Wills be kept?; Living Will; Powers of Attorney; $10,000 annual gift tax exclusion, Bequests to charity, Why you need a Self-Proving Will and Estate Administration/ Probate.
Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.
SPEAKERS BUREAU
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the Speakers Bureau is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to business persons, educational, civic and social organizations on a wide range of topics during business hours.
HELP YOUR MEMBERS LEARN THE LAW,
PREVENT OR AVOID LEGAL PROBLEMS
Chances are many of your members have been in a situation where they could have benefited from legal advice. Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on. Thats why Legal Rights Seminars are offered.
This means your members can get advice and possibly prevent legal problems before they occur. Most importantly, they can have peace of mind.
Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees work performance often has a direct relationship to personal legal problems. Therefore, the sooner a solution can be found for the employees problems, the sooner employees can focus on their work.
In todays complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammens law office at (732) 572-0500.
5. Next community events & races including 911 Memorial Runs
If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events.
9/4/11 Jimmy D 5k New Brunswick 9am free beers
9/5 MondayPier House 5K, Long Branch8:30
9/5 So Plainfield 3 mile 9:15
9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern
9/11 911 Memorial run Belmar 6pm Belmar [not a race]
To memorialize all from the Jersey Shore who were lost on September 11, 2001
Belmar, NJ.Start On the Boardwalk across from
Dunkin Donuts [GPS-1601 Ocean Avenue, Belmar]
Sunday - September 11 - 6 PM
This is not a Race.
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.
There is no charge or registration fee, no t-shirts, no clock, no bib numbers and no awards. All are Invited to Commemorate those Lost.
Jersey Shore Running Club - www.jsrc.org
Please check out this link for more information http://www.njlaws.com/njlawsnewsletter.html?id=2805&a=

E374 NJ Laws Email Newsletter

E374 NJ Laws Email Newsletter

Greetings Kenneth Vercammen,
1. Theft and Calling Mom Senile Fool Not Grounds for DV.E.M.B. v R.F.B.419 NJ Super. 177 (App. Div. 2011)

Plaintiffs stated reasons for seeking a final restraining order against her 56 year old son were that he had stolen her car keys, cell phone, bankbook, money and some jewelry. In addition, plaintiff testified that defendant had locked her out of the house on one occasion and called her a senile old bitch. The trial court entered a final restraining order based upon harassment. The court reverse because theft is not one of the enumerated predicate acts under N.J.S.A. 2C:25-19 and because the evidence was insufficient to prove the thefts or other acts were committed with the requisite purpose to harass.
2. Error by Police Dispatcher in Invalid Arrest Warrant Requires Suppression of Evidence under NJ Constitution.State v. Handy206 NJ 39 (2011)

The dispatchers conduct - advising an officer on the scene that there was an outstanding warrant when the warrant contained a differently spelled name and a different date of birth - was objectively unreasonable and violated the Fourth Amendment to the United States Constitution and Article I, Paragraph 7, of the New Jersey Constitution. Evidence uncovered during the search incident to the arrest must be suppressed.

3. Friday, August19 - Annual WFAN Day with Mike FrancesaplusSouth Side Johnny and the Asbury Jukes with special guests at Bar Anticipation.
Starts at 1pm. Free Admission all day. Sponsored by Miller and Broadcast live on WFAN and the YES Network.

8/20 Bradley Beach 5k co-Sponsor Wakefern
8/21 McCormack 5k Bar A 9amfree beer
8/28/11 CJRR Fall Classic 8:30 Cranford co-Sponsor Wakefern
8/30 JSRC meeting & BBQ Deal firehouse 7:15
9/4/11 Jimmy D 5k New Brunswick 9am free beers
9/5 MondayPier House 5K, Long Branch8:30
9/10Fallen Heroes Memorial Run Bar Anticipation, Lake Como5k 9:30
Please check out this link for more information http://www.njlaws.com/E374.html?id=2802&a=

E372 NJ Laws Email Newsletter

E372 NJ Laws Email Newsletter


NJ Laws Email Newsletter E372
Kenneth Vercammen, Attorney at Law August 2, 2011

Greetings Kenneth Vercammen,
1. Recent Cases: Police Should Not Destroy Initial Notes.State v. W.B. 205 NJ 588 (2011)

After producing their final reports, law enforcement officers may not destroy contemporaneous notes of interviews and observations at the scene of a crime. Our criminal discovery rules provide for discovery of all statements of witnesses and police reports that are in the possession, custody and control of the prosecutor. Rule 3:13-3 encompasses the writings of any police officer under the prosecutors supervision as the chief law enforcement officer of the county. If a case is referred to the prosecutor following arrest by a police officer, or on a complaint by a police officer, local law enforcement is part of the prosecutors office for discovery purposes. Implementation of this retention and disclosure requirement is deferred for thirty days to allow prosecutors sufficient time to educate police officers. Thereafter, if an officers notes are lost or destroyed before trial, a defendant, upon request, may be entitled to an adverse inference charge molded to the facts of the case.

2. Officer Not Always Permitted to Render Opinion.State v. McLean205 NJ 438 (2011)
The opinion offered by the officer does not meet the requirements needed to qualify it as a lay opinion and permitting the officer to testify about his opinion invaded the fact-finding province of the jury. This case involved a drug dealing conviction where a detective, after testifying about transactions seen from an unmarked car while on undercover drug surveillance, opined that they were narcotics sale.
3. Spanish Refusal Language Required Retroactively.State v Rodriquez-Alejo419 NJ Super. 33 (App. Div. 2011)

The court affordedState v. Marquez, 202 N.J. 485 (2010) pipeline retroactivity and reversed a breathalyzer refusal conviction because the Spanish-speaking defendant was not read the standard form information in Spanish. Although not raised on appeal, the court also noted that the conviction was flawed pursuant to our recent holding inState v. Schmidt, 414 N.J. Super. 194 (App. Div.2010), because he was not read the second portion of the standard form when he did not produce a sufficient breath sample.
4. Thank you to the Friends and Clients who attended our Summer Happy Hour
Friday, July 8. We plan on making this party down the shore an annual event.
5. Next Events:
7/23/11 Ocean Grove Biathlon 2M run, 300yd swim Ocean Grove fast short event. 9am
7/26/11 Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park pizza
7/30/11 Sea Girt 1 mile swim
7/30/11Parker House Fun Run & Beer Party Sea Girt, NJ July 24, 20102 mile9:47 free beer
7/31/11 JFK Hospital Roosevelt Park 5k Edison 9am
8/13 Asbury Park 5k 8:30 jsrc.org [You can do both the Triathlon and 5k in same morning]
8/14/11 Ray Licata Long Branch Ocean Mile Swim 1 mile, & 100 yards for kids, 8amLong Branch NJ 8am
8/20 Bradley Beach 5k
8/28/11 CJRR Fall Classic 8:30 Cranford
Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice
Saturday, August 6, 2011 at 2:00pm - 3:30pm
Metro Toronto Convention Centre
ABA Annual Meeting Toronto, Canada
Learn from nationally recognized experts on using new techniques to improve service to Elder Law & Estate clients. Forms & briefs will be provided to all attendees.

Tentative Speakers:
Jay Foonberg, Esq. - Author of Best Sellers How to
Start and Build a Law Practice and How to get and keep good clients, Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author Nuts & Bolts of Elder Law, Edison, NJ
Parag Patel, Esq. Iselin, NJ
Elder Law program Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
Topics:
Getting referrals from other professionals
The aftermath of the Terry Schiavo case and Living Wills.
Forms you can use
Email newsletters
How to manage telephone conversations with your clients
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct
Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.
[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]
Contact American Bar Associations ITS at 800-421-0459 for ABA meeting registration
http://kennethvercammen.com/toronto.htm
Editorial Assistance provided by Katarina Kozakova. Ms. Kozakova will be entering her senior year at Rutgers University and is currently participating in Kenneth Vercammens summer internship program.
For more information please visit http://www.njlaws.com/E372.html?id=2786&a=

E369 1. Recent Cases:Person Living in Home as Guest Could Be Household Member Under Domestic Violence Act. 2. Unsigned Confession Can Be Used to Refresh Witness During Trial. 3. 2011 Update Wills and Estate Planning- Free Lunch & Law Seminar. 4. Welcome Summer Law Students. 5. If You Are Hurt in an Accident, We Can Help.Motion to Suppress Granted When Police Did Not Obtain Telephonic Search Warrant for Car.

E369 1. Recent Cases:Person Living in Home as Guest Could Be Household Member Under Domestic Violence Act. 2. Unsigned Confession Can Be Used to Refresh Witness During Trial. 3. 2011 Update Wills and Estate Planning- Free Lunch & Law Seminar. 4. Welcome Summer Law Students. 5. If You Are Hurt in an Accident, We Can Help.Motion to Suppress Granted When Police Did Not Obtain Telephonic Search Warrant for Car.

Recent Cases:
1. Person Living in Home as Guest could be Household Member under Domestic Violence Act.S.Z. v M.C.617 NJ Super. 627 (App. Div. 2011)

The court reverse the trial court and find jurisdiction under the household member provision of the Prevention of Domestic Violence Act in a situation where the male defendant was a guest in the male plaintiffs home, living with plaintiff and his wife and children for seven months. While living with plaintiff, defendant allegedly climbed a ladder placed against the home to peep through a window at plaintiff coming out of the show the court. Ten months after being thrown out of the home, defendant allegedly follow the court plaintiff and planted a secret camera in plaintiffs truck to surreptitiously record him. Although the two men never had a traditional familial, romantic or sexual relationship, the court find that neither the incompatible sexual orientations.
2.UnsignedConfession can be used to Refresh Witness during Trial.State v. Gore205 NJ 363 (A-77-09)

State v. Cleveland, 6 N.J., 316 (1951), is superseded by the New Jersey Rules of Evidence. Rule 803(c)(5) permits the admission of a defendants unsigned and unacknowledged transcribed statement, used to refresh a witness memory as past recollection recorded, provided there is no objection and all foundational requirements, including Rule 803(b)(1), are satisfied. Although the trial court erroneously permitted the formal confession statement to be moved into evidence after the record had closed, plain error does not exist because there is no reasonable likelihood that admission of the statement caused the jury to reach a conclusion that it otherwise would not have reached.
2011 Update Wills and Estate Planning- Free Lunch & Law Seminar

WHEN: Friday June 24, 2011 12:15-1:00 PM

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

Invited: Clients, Friends, Seniors, Accountants, CPAs, Financial Planners, Insurance Producers, Nursing Home Administrators, Hospital and Nursing Home Social Workers

COST: Free if you pre-register. Please bring a canned food donation, which will be given to the St. James Food Bank located on Woodbridge Avenue in Edison, NJ. Please email us if you plan on attending or if you would like us to email the materials. Complimentary Sandwiches and materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Adult schools. This program is limited to 15 people. Re-scheduled from the January 12 snow cancellation.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2011 changes in Federal Estate and Gift Tax
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, Answers to Questions about Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council

To attend or for Information: Mike McDonald 732-572-0500
or email VercammenLaw@njlaws.com
4.Welcome Summer Law Students:

Kenneth Vercammen and Associates welcomes the following summer law students who are workings on Public Defender matters, community seminars, and are updating the Public Defenders Criminal Article Blog:

Ashley Kolata will be entering her second year at Rutgers School of Law in Newark, NJ and obtained her M.A. from the University of Wisconsin. She also has participated in the Street Law Program in Newark NJ, teaching legal concepts to high school students.

Roman Guzik will also be entering his second year at Rutgers University School of Law in Newark, NJ. He received his B.S. at John Jay College of Criminal Justice, CUNY, New York, NY and has obtained ALS Legal Certification.

Matthew Sheptuk will be entering his second year at Georgetown University Law School. Mr. Sheptuk received his B.A. in American Studies from Georgetown University.

Christian Vera will be entering his third year at New York Law School. Mr. Vera received his B.A. from Seton Hall Law School. He speaks fluently in Spanish.
5.If You Are Hurt In An Accident, We Can Help
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies.We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
Editorial Assistance provided Christian Vera. Mr. Vera is currently participating in our Kenneth Vercammens summer internship program.
For more information please visit 
http://www.njlaws.com/njlawsemailnewslettere369.html?id=2779&a=

E368 Motion to Suppress Granted

E368 Motion to Suppress Granted

1. Motion to Suppress Granted when Police did not Obtain Telephonic Search Warrant for Car.State v Shannon_____ NJ Super. ______ (App. Div. 2011) A-2549-08T4.
The court reversed defendants conviction of possession of cocaine, finding his motion to suppress the cocaine found in a warrant-less search of his Jeep should have been granted. The search was not incident to arrest, did not occur late at night, the stop was in a residential area, and four Asbury Park Police Officers were at the scene with defendant, who was alone. The court found no exigency existed pursuant to State v. Pena-Flores, 198 N.J. 6 (2009).
2. If Defendant had Prior CD, cant get PTI. State v OBrien ____ NJ Super. ______ (App. Div. 2011) A-4190-09T2
The question presented is whether a defendant who previously received supervisory treatment under the conditional discharge statute, N.J.S.A. 2C:36A-1, and who later applied for and obtained an order vacating the conditional discharge, may thereafter be admitted into PTI. The court answer the question in the negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28, Guideline 3(g) prohibit any person previously placed into supervisory treatment under the conditional discharge statute from subsequent admission into PTI, whether the conditional discharge is later vacated or not.
3.Reflections on Memorial Day

Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.

We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.

If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays. -- F L Lloyd West Chester, Pa USA - February 26, 2000

On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.

Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general publics nonchalant observance of Memorial Day. -- VFW 2002 Memorial Day address

http://www.usmemorialday.org/backgrnd.html
4. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help

Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
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If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.

Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court, Introductory DWI

Monday, May 23, 2011
5:30 PM to 9:00 PM
Brunswick Hilton, East Brunswick

This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court.

An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that police, attorneys, prosecutors and court staff are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.

Sponsor: NJ Institute for Continuing Legal Education732-214-8500
Cost: $189.00 includes dinner, CD with forms and 400+ page book

Other information:
Speakers include:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year

Hon. E Ronald Wright
Chief Judge, New Brunswick, North Brunswick

WILLIAM G. BRIGIANI, ESQ.

Former Municipal Prosecutor (Spotswood, East Brunswick and for the SPCA)
Editorial Assistance provided Ashley Kolata. Ms. Kolata currently attends Rutgers School of Law, Newark. She will be entering her second year and is currently participating in our Kenneth Vercammens summer internship 
For more information please visit 
http://www.njlaws.com/E3668.html?id=2772&a=