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

Tuesday, May 29, 2018

Legal Publications


(Available upon Request or for Republication- Send Stamped, Self- Addressed Envelope and indicate the number of the article)
161. Administrator of a Probate Estate American Bar Association Law Trends ABA General Practice Division March 2008 Vol. 4, Number 2
160. Improving Your Personal Injury Practice and Service to New Clients American Bar Association Law Trends ABA General Practice Division Late Fall 2007 Vol 4, Number 1
159. Estate Planning to Protect Your Children American Bar Association Law Trends ABA General Practice Division Late Fall 2007 Vol. 4, Number 1
158. “The Durable Power of Attorney” Metuchen Chamber of Commerce Connection Fall 2007 p 12
157. Post Will Signing Instructions Atom Tabloid July 20, 2007
156. “Municipal Courts and hearsay” NJ Lawyer July 23, 2007
155. Accident Reports Now Available by Mail or Fax Atom Tabloid April 20, 200
154. Changing Your Name Legally in New Jersey Atom Tabloid April 6, 2007
153. The Importance of Uninsured or Under-Insured Driver Insurance Atom Tabloid March 16, 2007
152. Estate Law Questions Atom Tabloid January 5, 2007
151. Trusts in New Jersey Atom Tabloid December 22, 2006
150. 2006 Measure Amends States Guardianship Law Atom Tabloid November 10, 2006
149.B Duties & Responsibilities of an Executor of a Will Atom Tabloid October 6, 2006
148. Removing an Executor of An Estate Atom Tabloid September 15, 2006
147. Planning Ahead- How to Prepare Letters of Instruction Regarding Funeral Arrangements, Business Transfer and Post- Death Procedures Atom Tabloid August 4, 2006
146. If You Have No Will Atom Tabloid July 7, 2006
145. Probate & Administration of an Estate when there is a Will Atom Tabloid May 5, 2006
144. Pre-Trial Intervention to Dismiss First Time Criminal Charges Atom Tabloid April 7, 2006
143. What to Do if Injured in a Hit & Run Car Accident Atom Tabloid March 3, 2006
142. What to do in a Car Accident Atom Tabloid January 13, 2006
141. Points in Motor Vehicle Violations Atom Tabloid December 2, 2005
140. The Power of Attorney Atom Tabloid November 4, 2005
139. Erase Records of Old Arrests to Avoid Embarrassment and Disclosure Atom Tabloid October 7, 2005
138. Living Wills Atom Tabloid September 9, 2005
137. Wills and Estate Planning- Atom Tabloid of Woodbridge August 12, 2005
136. Implications of New Jerseys DWI Law NJ Lawyer May 3, 2004
135. Handling the DWI Blood Case and Under Influence of CDS: Quick Tips Bergen Barrister Winter 2002
134. Municipal Courts are Barred from Handing Discovery Requests Bergen Barrister Winter 2001
133. Marketing Tips: What Works, What Doesnt ABA GP Link Winter, 2001
republished in Louisiana State Bar Association Solo Section Newsletter
133b Setting up a Detailed Marketing Plan ABA-GP Marketing Legal Services Committee Newsletter July, 2001
132. Appeals from Municipal Court Convictions NJ General Practice Gazette November , 2000
131a. Complete Guide to Marketing Your Law Practice Book Review on ABA LPM Book NJ State Bar Dictum November, 2000
131b. Lawyers Quick Guide to E-Mail Book Review on ABA LPM Book NJ State Bar Dictum November, 2000
130. Major Cases Affecting DWI Prosecution and Searches NJ Police Chief p92 2000
129. What to Expect in a Car Accident Personal Injury Case Business & Entertainment Journal May, 2000
128. Private Adoption Metuchen Minute March, 2000
127. In Case of an Auto Accident Business & Entertainment Journal March 2000
126. Answer to Your Questions about Probate and Administration of an Estate Metuchen Minute February, 2000
125a. Ten Estate Planning Ideas for a Divorced or Separated Person Atom Tabloid June 16, 2006
125. Ten Estate Planning Ideas for a Divorced or Separated Person Metuchen Minute July, 1999
124. New Cases Affecting Municipal Court and Law Enforcement New Jersey State Bar Assoc. GP Gazette March 1999
123. Removing an Executor of An Estate NJ State Bar Association Dictum p 18 April, 1999
122. Pre-Trial Intervention to Dismiss Criminal Charges NJ State Bar Association Dictum April, 1999
122b Pre-Trial Intervention to Dismiss Criminal Charges Bergen Barrister Summer 2000
121. Ideas for Low-Cost and No-Cost Legal Marketing The Practical Lawyer American Law Institute- American Bar Association p 49, April, 1999
120. Running a Law Practice on a Shoestring Journal of Law Office Economics and Management West Publishing p 9 February, 1999
119. Letters of Instruction to Family & Executor Metuchen Minute November, 1998
118. Making Your Wishes Known... The Living Will Metuchen Minute August, 1998
117. How to Create a Great Client Newsletter Lawyers Weekly USA June 29, 1998
116. Major Recent Cases Affecting Municipal Court Practice- Spring, 1998 New Jersey State Bar Dictum June, 1998
116b NJ Municipal Court Law Review The New Jersey Police Chief May-June 1998
115. Selected Major Cases Affecting Personal Injury Matters and Chiropractors New Jersey State Bar GP Gazette May, 1998
114. Recent Law Changes Guardianship of Disabled Adults Metuchen Minute May, 1998
113. Mortgage Refinance Metuchen Minute April, 1998
112. Starting Your Own Personal Injury Firm Book Review on How to Build and Manage a Personal Injury Practice Lawyers Weekly March 23, 1998
111. Join a Barter Group to Get New Clients Lawyers Weekly March 9, 1998 p. B3
111b. New Business Clients Through Barter Group Participation ABA Law Practice Management Idea Exchanger April, 1998
111c. Business Clients Through Barter Group Participation Metuchen Minute May 1999
111d Using Barter Groups to Expand Business ABA Counselors Computer & Management Report Fall, 1999
110. Cooperating & Working With Your Attorney Metuchen Minute February, 1998
109. Municipal Court Procedure- Highlights of the New Rules New Jersey Law Journal December 22, 1997
109b New Court Rules Governing Municipal Courts Effective February 1, 1998 New Jersey State Bar GP Gazette March, 1998
109c. New Court Rules Governing Municipal Courts Effective February 1, 1998 NJ State Bar Dictum April, 1998
108. Buying & Selling Real Estate Metuchen Minute, December, 1997
107. Marketing Secrets of Successful Lawyers Book Review of Marketing Success Stories Lawyers Weekly USA November 3, 1997
107b. Marketing Secrets of Successful Lawyers Book Review of Marketing Success Stories ABA Law Practice Management Idea Exchanger February, 1998
106. Checklist for Defending DWI Cases New Jersey State Bar Dictum October, 1997
105. 25 Major Cases Affecting Municipal Courts in 1996-1997 NJ Lawyer Magazine September/ October 1997 p 40
105b. Major Recent Municipal Court Cases New Jersey State Bar Dictum October, 1997
105c Municipal Court Cases Fall 1997 New Jersey State Bar Dictum March, 1998
104a. Strict Liability for Dog Bites Atom Tabloid February 6, 2006
104b. Strict Liability for Dog Bites Metuchen Minute October, 1997
103. 20 Tips on Handling the Soft-Tissue Case New Jersey Law Journal September 15, 1997
102. Get Others to Market Your Firm Lawyers Weekly USA September 8, 1997
101. Medicaid and Nursing Homes- 1997 Update NJ State Bar Association Dictum June, 1997
100. Using the Net to Attract Clients Book Review on Marketing on the Internet Lawyers Weekly June 2, 1997
100b Marketing on the Internet Book Review Published in NJ State Bar Association Dictum June, 1997
100c Lawyers Guide to Marketing on the Internet Book Review Published in ABA-GP Marketing Legal Services Committee Summer, 1997
100d Lawyers Guide to Marketing on the Internet Book Review Published in ABA-LPM Personal Marketing Idea Exchanger July, 1997
100e Lawyers Guide to Marketing on the Internet Book Review Published in ABA-GP Probate, Trust & Estate Planning Committee
99. IRA Rollover- Final Regulations on Eligible Rollover Distributions Elder Law Newsletter- NJSBA May, 1997 (with Martin Spigner, Esq.)
99b. IRA Rollover- Final Regulations on Eligible Rollover Distributions Metuchen Minute November, 1997
98. Recent Municipal Court Decision 1996-1997 Help Police NJ State Bar Dictum April, 1997
98b Recent Municipal Court Decision 1996-1997 Help Police NJ State Bar GP Gazette May, 1997
97. Driving While Intoxicated- Preparing for the Difficult Case Metuchen Minute p39 April, 1997
96. Suspended drivers license: What lawyers dont know can hurt their clients NJ Lawyer W1997
96b Increased Penalties for Driving While Suspended NJ State Bar Dictum April, 1997
96c Increased Penalties for Driving While Suspended NJ State Bar GP Gazette May, 1997
95. Writing a Press Release American Bar Association GP Marketing Legal Services Spring, 1997
94. Shareholder Agreements & Life Insurance to Cover Buy-Outs Metuchen Minute February, 1997
93. Proposed Amendments to Rules on Municipal Courts will Increase Work New Jersey State Bar Association GP Gazette December, 1996
93b. Proposed Amendments to Rules on Municipal Courts will Increase Work For Defense Counsel and Prosecutors New Jersey State Bar Association Dictum February, 1997
93c. Leave Some Prosecutors for the Private Bar NJ Law Journal April 7, 1997
93d. Waste of Prosecutors Time NJ Lawyer April 14, 1997
92. Testifying in a Civil Case New Jersey State Bar Association GP Gazette December, 1996
91. The Uncontested, Undisputed Divorce Retainer Agreement New Jersey State Bar Association GP Gazette October, 1996
90. Introduction to the Criminal Court System Metuchen Minute December, 1996
89. Defending a Juvenile Case In New Jersey New Jersey Law Journal September 30, 1996
89b. Defending a Juvenile Case ABA Criminal Law Committee- GP Winter, 1997
88. Executor of a Will: Duties & Responsibilities Metuchen Minute September, 1996
87. Ethically Serving Your Personal Injury Clients ABA Ethics & Professionalism Committee YLD August, 1996
87b. Marketing and Improving Your Personal Injury Practice ABA- GP Marketing Legal Services Newsletter Fall, 1996
87c. Staying on Top of Your Personal Injury Practice ABA Lawyering Skills Magazine- LPM Spring, 1997
86 Prenuptial Agreements To Protect Your Assets or Business in Case of Divorce Metuchen Minute March, 1997
85 Laws Guard against Home Improvement Contractors Forbes Weekend Real Estate Supplement and Metuchen- Edison Review March 8, 1996
84. The Durable Power of Attorney New Jersey State Bar Association Dictum April, 1996
84b The Durable Power of Attorney ABA Probate and Trust Law Committee GP March, 1996
83. Working Families Should Plan Their Estates Forbes Weekend Real Estate Supplement and Metuchen- Edison Review March 1, 1996
82. Legislators out of Bounds on Lawyer Solicitation New Jersey Lawyer 4 NJL 2159 (October 30, 1995)
81. Bankruptcy- An Outline for Consumers and Small Businesses ABA Bankruptcy Law Committee- GP Winter, 1996
81b. Bankruptcy Retainer Agreement New Jersey State Bar Association GP Gazette October, 1996
80. Collection of Business Debts NJ Business Owner January, 1996
81b. Collection of Business Debts Metuchen Minute May, 1997
79. Easy Networking in Your Community ABA Barrister Winter, 1996
78. Reasons to Expand Liability for Malicious Prosecution New Jersey State Bar Dictum January, 1996
77. Even Attorneys Need Lawyers Advice When Purchasing a Home The Legal Intelligencer January 11, 1996
76. DMV Points following a Motor Vehicle Violation Hands Across New Jersey Jan. 1996
76b. What are DMV Points Metuchen Minute November, 1996
76c. DMV Points Following a Motor Vehicle Violation India Link January, 1997
75. Living Wills ABA Delivery of Legal Services Newsletter Jan. 1996
75b. Living Wills New Jersey State Bar GP Gazette May, 1997
74a. The New Jersey Business Legal Plan- Free Legal Advice For Business Owners in New Jersey NJ Business Owner January, 1996
74b Free Group Legal Plans: Low Cost Legal Advice For New Jersey Consumers NJ Business Owner November, 1995
74c Free Legal Advice for Civil Service Employees NJ Civil Service Leader April 13, 1996
74d. The New Jersey Business Legal Plan- Free Legal Advice For Business Owners in New Jersey Metuchen Minute August, 1997
73. Inexpensive Marketing for the Solo and Small Firm American Bar Association Marketing Legal Services Committee Update Fall, 1995
72. Expanded Rights to Documents Held by Government Hands Across New Jersey Newsletter November, 1995
71. How Self-Defense Works in New Jersey New Jersey Law Journal p10 September 25, 1995
70. Expungement of Old Arrests to Avoid Embarrassment and Disclosure Hands Across New Jersey October, 1995
70b. Erase/ Expungement of Old Arrests Today to Avoid Embarrassment Metuchen Minute January, 1997
69 How to Handle the Personal Injury Case New Jersey Law Journal- Special Personal Injury Issue p28 September 18, 1995
69b Marketing and Improving Your Personal Injury Practice ABA Law Practice Management Idea Exchanger Fall, 1996
68a How to Survive as a Small-Firm Lawyer - Book Review on Survival
Skills for Practicing Lawyers- ABA-LPM Lawyers Weekly
September 11, 1995
68b Flying Solo, A Survival Guide for the Solo Lawyer Book Review
published in NJSBA GP Gazette August, 1995
68c Are You Flying Solo? Book Review on Flying Solo in ATLA-NJ December, 1995
69d. Finding the Right Lawyer Book Review in New Jersey State Bar GP Gazette March, 1997
67. New Litigation Cases Through Pre-Paid Legal Plans ABA Litigation Sections Litigation Management & Economics Magazine August, 1995
66a. Helping New Staff and Law Clerks Get Started Lawyering Skills Bulletin ABA-LPM Summer, 1995
66b New Staff and Law Clerks- General Instructions to Help Them Get Started GP Gazette- NJSBA p8. August, 1995
65. Deposition Questions in a Personal Injury Case GP Gazette- NJSBA
p5. August, 1995
64. How to Organize Legal Seminars Leadership & Management Directions ABA-LPM p12 Summer 1995
64b Organizing Legal Seminars to Improve Professional Competency Marketing Legal Services Newsletter ABA GP Spring, 1996
64c How to Organize Legal Seminars Sharpening the Focus: Practice Management Series Legal Education Society of Alberta, Canada April, 1999
63. Sunshine Law Hands Across New Jersey Newsletter August, 1995
62. Editor and Chief Writer- Idea Exchanger- Personal Marketing Skills Interest Group July, 1995
61. Six Ideas for Greater Efficiency Leadership & Management Directions ABA-LPM p9 Summer 1995
60. Reducing the Cost of Attorneys: Computer Bulletin Boards Help NJ Business Owner p4 August, 1995 vol. 10
59. Eight Defenses to Possession of Marijuana The ABA Compleat Lawyer
p11 Summer, 1995
59b. Defense of Marijuana Charges ABA Criminal Law Committee- GP Winter, 1997
58. Local Municipal Ethics Boards are Precluded From Making Determinations Regarding the Discipline of Township Attorneys and Prosecutors NJ Municipal Law Review June, 1995
57. Shareholders Agreements N.J. Business Owner p14 July, 1995
56. How an Attorney Can Help at Closing Time Forbes Newspaper/ Metuchen-Edison Review July 12, 1995
55. Self-Defense Permitted Under the Law Inside Tae Kwon Do Magazine August, 1995
54. The Basics About Living Wills Trust & Estate Law Report-ABA June, 1995
53. Compelling Car Insurance Companies to Pay for Chiropractic Treatment The Jersey Journal of Chiropractic June, 1995
52. Wills and Estate Planning- Save Money and Provide for Loved Ones ABA Probate, Trust & Estate Planning Committee Update- GP Section Spring, 1995 Vol. 2.
52b. Wills and Estate Planning Advice to Clients ABA Marketing Legal Services- GP Section Spring, 1997
52c. Wills and Estate Planning Advice to Clients ABA Idea Exchanger Newsletter LPM Spring, 1997
52d Wills and Estate Planning: Business & Entertainment Journal April, 2000
51. Using the Right to Know Laws to Obtain Public Records Hands Across New Jersey Newsletter June, 1995
50. Corporations and Non Profits: Dont Forget to File Your Annual Return NJ Business Owner Vol. 8 May, 1995
50b Corporations and Non Profits: Dont Forget to File Your Annual Return Metuchen Minute June, 1997
49 Reducing Stress for the Trial Attorney Through Tae Kwon Do New Jersey State Bar Dictum April, 1995
49b Reducing Stress for Professionals Through Tae Kwon Do NJ Business Owner Vol 11 August, 1995
49c Reducing Stress with Tae Kwon Do ABA Solo- General Practice Spring, 1996
48a. Estate Planning for Elks Red Bank Area Elks Bulletin May, 1995
48b Wills & Estate Planning Bishop Ahr Alumni Newsletter Fall, 1993
48c Wills and Estate Planning- Save Money Hands Across New Jersey December, 1995
48d Wills and Estate Planning- Save Money and Provide for Loved Ones
NJ Business Owner January, 1996
48e Wills, Children, Guardians... Prepare a Will to Protect Your Spouse and Children Metuchen Minute August, 1996, reprinted March, 1998
47a. Should Your Firm Start an Internship Program? Lawyering Skills Bulletin Spring, 1995
47b To Get the Word Out, Help a Student The Compleat Lawyer Winter, 1995
47c Should Your Firm Start an Internship Program? Pennsylvania Bar News April, 1996
46. Put Yourself in the Clients Seat Lawyers Weekly Book Review of Through the Clients Eyes March 13, 1995
46a Book Review of Through the Clients Eyes ABA Law Practice Management Magazine p64 July, 1995
46b. Book Review of Through the Clients Eyes New Jersey State Bar Association GP Gazette January, 1996
45. Starting Your Own Business in New Jersey Business Owner- NJ Edition April, 1995
45b. Starting Your Own Business in New Jersey Metuchen Minute January, 1998
44a. Macintosh Computer is the Best for Solo Practitioners and Small Firms ABA Litigation Committee Update- GP Winter, 1995
44b A Few of My Favorite Mac Things Counselors Computer & Management Report-ABA Spring 1995
43. Preparation for the Traffic and Misdemeanor Cases ABA Litigation Committee Newsletter YLD Fall, 1994
Preparation for the Traffic and Misdemeanor Cases and Client Service ABA Idea Exchanger Newsletter LPM Spring, 1997
42a. Ideas to Help You Open and Expand Your Law Practice ABA Lawyering Skills Bulletin Winter, 1995,
42b Ideas to Help You Open and Expand Your Law Practice Marketing Legal Services Newsletter Spring, 1995
41. 10 Marketing Techniques for New and Solo Attorneys in a Small Community ABA Law Practice Management Magazine p30 January, 1995
41b Unique Marketing Techniques You Can Do Yourself NJ Business Owner Vol 8, May, 1995
41c Unique Marketing Techniques and Positive Community Involvement Journal of the American Chiropractic Association p15, August, 1996
41d 10 Marketing Techniques for New and Solo Attorneys in a Small Community Sharpening the Focus: Practice Management Series Legal Education Society of Alberta, Canada April, 1999
40. Signing a Power of Attorney Princeton Packet Publications December, 1994
39. Bankruptcy Leads Debtor to a Fresh Start North Brunswick Post December 22, 1994, printed also in Central Post as Bankruptcy allows a Fresh Start
38. Improving Racing Times With Tae Kwon Do Inside Tae Kwon Do Magazine p 60 December, 1994
37. “How Attorneys Use E-Mail and Bulletin Boards” Litigation Management and Economics p1 September, 1994
36. When Carrier Delay, Ask for Counsel Fees/ Compelling Car Insurance Companies to Pay Medical Bills New Jersey Law Journal August 29, 1994
35. Preparation for the Winning Personal Injury Case ABA/YLD Litigation Newsletter p. 3 Summer, 1994
34. Reimbursement for Counsel Fees for Town Employees Municipal Law Review June, 1994
33a. Using Computer Bulletin Boards Litigation Newsletter ABA-GP May, 1994 modified and republished 33b Volunteer Sharing Through BBSs Network 2d Spring 1995
32. Using the Right to Know Law in Municipal Court & Civil Matters New Jersey Law Journal May 25, 1994
31. Information About Living Wills The Monroe Township View p4 Mid-April, 1994
30. Answers to Questions About Probate and Administration of An Estate The Cranbury View April, 1994
29. Defense to Driving Without Insurance -Winning the Impossible Case New Jersey Law Journal April 4, 1994
28. Handling Verbal Threshold Personal Injury Cases New Jersey State Bar Association GP Gazette March, 1994
27a. Preparing for the Municipal Court Case New Jersey State Bar Association Dictum February, 1994, revised in 1996 & published as
27b. Preparation for the Municipal Court Case GP Gazette of New Jersey State bar Association January, 1996
27c. Municipal Court Retainer New Jersey State Bar Association GP Gazette December, 1996
27d. Municipal Court Rights Hands Across New Jersey July, August, September 1997 (3 part series)
26. A 45- Second Solution to Sharing Forms and Advice Law Practice Managements Counselors Computer and Management Report, ABA Spring 1994
25. Self -Defense in New Jersey, Cranbury View February 1994
24a. Prepaid Legal Plans - Helping Small Law Firms American Bar Association General Practice Section Committee Update July, 1993;
24b Prepaid Legal Plans - Helping Small Law Firms Solo Magazine General Practice Section ABA Winter, 1994
23a Defending Domestic Violence Complaints ABA Family Law Committee Newsletter January, 1996
23b. Defending Domestic Violence Complaints New Jersey Lawyer p. 5
June 14, 1993 2 NJL 927
22. How to Win When Your Client Has a Speeding Ticket, Barrister- American Bar Association, YLD National Publication, p. 47 Spring 1993
21. Winning Lawsuit/Verbal Threshold Cases, New Jersey State Bar Association Dictum p. 4, April 1993
20. Tips for Using Computer Bulletin Boards to Share Legal Expertise New Jersey Lawyer p. 15, February 1, 1993
19. Defending a Speeding Ticket ABA Briefcase General Practice Publication December 1992
18. How to Defend a Charge of Driving While Suspended New Jersey Law Journal p. 7 September 19, 1992 (with Joe Skinner)
17. Better To Try Drug Cases Than Just Pleading Out, New Jersey Law Journal, page 7, (June 20, 1991)
16. Speeding Trials Call for Fine-Tuned Defense, New Jersey Law Journal, page 8, (February 8, 1990)
15. The New Lemon Law-A Consumers Rights, New Jersey State Bar Association Dictum, October, 1989), reprinted in Middlesex County Bar Newsletter, (May, 1990)
14. Defense of Speeding Charges, New Jersey State Bar Association Dictum, (April, 1989)
13. Asset-Based Financing: Issues of Concern to the Banking Community. New Jersey Law Journal, page 1, (July 2, 1987)
12. The Effect of Bankruptcy on Divorce and Equitable Distribution, page 7, New Jersey Family Lawyer, p7 (June, 1987)
11. Clients, when told not to testify, now claim counsel ineffectiveness with Vram Nedurian, Pennsylvania Law Journal Reporter, (April, 1985)
10. Marylands Liability for Hand Gun Manufacturers, Delaware Law Forum, (December, 1985)
9. Advertising and the FTC: Less Regulation Can Mean More Consumer Protection, with Professor E.C. Smith, 8 Corporation Law Review 49, (1985), Reprinted in 9 Advertising Law Anthology 155, (1986)
8. Social Host Liability: Recovery for Innocent Victims, 7 Delaware Trial Lawyer, (Spring, 1985)
7A. Civil Rico-Recent Developments, Delaware Law Forum, (March, 1985)
7. Landlord Liability for Criminal Attacks, Delaware Law Forum, (March, 1985)
6. Agents Face Liability, Life Insurance Selling, (December, 1984)
5. Kelly vs. Gwinnell: Responsibility to Third Party Victims, Association of Trial Lawyers of America-NJ. News, (Summer, 1984) expanded and reprinted in Delaware Law Forum as Social Hosts Given Liability (November 1984)
4. Hazardous Waste - The Hidden Threat, Delaware Law Forum, (May, 1984)
3. The Alabama School Prayer Case: Constitutional Implications, United States Justice Foundation Newsletter, (Summer, 1984) reprinted from Delaware Law Forum (April, 1984) p.5
2. Insurance Agents Liability for Wrongful Financial Advise Based on a Professional Standard, Association of Trial Lawyers of America-NJ. NEWS, (Winter, 1984)
Generator Liability for the Dumping of Hazardous Waste, First Prize, ATLA Environmental Law Essay Contest (1984) (100 pages), Reprinted as Things Prosser Didnt Teach You: TOXIC TORTS at the request of Dean Arthur A. Weeks. 80 pages
1. Casenote/Headnote Writer on 8 Federal Circuit Court and N.J. Superior Court Cases for Delaware Law Forum (1983-1984)
Books and Seminar Program Materials written by
Kenneth Vercammen, Esq:
DWI- Winning the Blood or Drug Case- NJ State Bar Annual Meeting Program 2005, 2002, 2001, 2000 50+ pages
Personal Injury- Tips for a Better Practice ICLE & New Jersey State Bar Association 2000, 1999, 1998 150+ pages
Nuts & Bolts of Elder Law and Probate- ICLE & New Jersey State Bar Association 2005, 2004, 2002, 2001, 2000, 1999, 1998, 97, 96 100+ pages
Municipal Court- ICLE & New Jersey State Bar Association 2005, 2004, 2001, 2000, 1998, 1997
Personal Injury- Winning Strategies Library of Congress Catalog Card # 97-091694 (1997)
Answers to Questions About Probate and Elder Law Library of Congress Catalog Card # 96-093068 (1996)
Municipal Court in New Jersey Library of Congress Catalog Card # 96-092111 (1996)
Personal Injury Preparation NJSBA, Trial Attorneys of NJ 1997, 1996,1995, 1994
Trying the Soft Tissue Case- National Business Institute, Princeton 1996
-Municipal Court- How to Win NJSBA- 1996, 1995, 1994 ,1993
-Research Consultant: NJ Labor Unions 1999, 1996, 1995 published by Research Communications Group
-Changes in Municipal Courts - NJSBA Convention 1994
-Laptop Computers in the Law Office NJSBA and Law
Office Management 1994
-Preparing for Family Law Trial Practice and Domestic Violence
NJSBA- 1995, 1994,1993
-Winning Lawsuit Threshold Cases 1992- NJSBA
-1992 Changes in Municipal Courts - NJSBA
-Winning Personal Injury Cases 1991- NJSBA
-Municipal Court- Winning Strategies 1991- NJSBA and Middlesex Bar
-How to Defend Speeding Tickets -NJSBA 1989
-Survival in the Superior Courts, NJ State Bar and Criminal Division of Monmouth County 1987

Legal Plan Members Welcome

The Law Office of Kenneth Vercammen was selected to serve as the New Jersey Access Attorney for one of the major national legal service plans. We handle legal services for the following legal plans and their major employers:
Hyatt- AT&T, Delco retired (Includes Free Wills)
ARAG- AT&T management, PSE&G, Lucent management, A&P, Kraft,
Microsoft, National Telephone, Newsweek, Oracle, Proctor & Gamble,
Solomon Brothers, Thompson, Un. Bank of Switzerland (Includes Free Wills)
Prudential- Pru employees (Includes Free Wills)
APWU- Postal Workers (Includes Free Wills)
Union Privilege- AFL-CIO
LawPhone- private pay through credit card
UAW- Ford & GM
NYSUIT, National- New York Teachers
DC 37- NY Municipal Employees
Local 1500- NY retail
Truckers Legal Plan
Caldwell Legal Plan, OHS, Coast to Coast, and numerous other legal plans
Legal plan members
Our offices now serve as cooperating/panel attorneys for twenty two national legal service plans. Please consider our office if you need to refer a case to New Jersey. We have had success in handling the needs of many other legal plans and unions. We provide a full legal service including Wills, Estates, Criminal & Traffic Court, Probate, Elder Law, DWI & Personal Injury.
Union Privilege LEGAL PLAN- PROVIDING LOW COST ADVICE TO CONSUMERS IN NEW JERSEY
By Kenneth Vercammen, Esq.
Legal service plans are an excellent method for groups to obtain low cost and free legal advice. Millions of middle and low income working Americans need an attorney when legal problems strike. Today, several hundred group legal plans provide advice to millions of Americans who are Union members and/ or members of clubs and organizations that set up a legal plan. These legal plans in New Jersey provide a free telephone consultation with an attorney, some pay the entire cost of attorney representation including trial. It is easy and almost no cost to establish a consultation legal plan for your union, your employees and even a non profit group. Your member and/or employees can obtain some free legal advice and can sometimes head-off serious legal problems by preventive law. All currently registered New Jersey legal plans provide a free consultation to members without any prepaid costs by the member, their union or employer. It is easy to set up a free legal plan for your group, union or even for your employees. Experienced legal plan attorneys are familiar with the easy, no- cost registration requirements with the State of New Jersey. Prearranged access to a lawyer permits plan members to receive legal counseling and representation before it is too late, before a driver's license is lost, before someone dies without a will. Union members and their dependents, whose unions have negotiated legal services as an employees benefit, make up the majority of those covered. However, over the past 10 years commercially marketed plans have greatly expanded the availability of prepaid legal services to credit card holders, bank depositors, credit unions and even people not affiliated with any group that want legal question insurance. A Lawyer's Guide to Prepaid Legal Services at 1 Employer financed group legal services plans, previously qualified under Internal Revenue Code Section 120 have provided millions of Americans with an attorney when an emergency happens or even when they have a legal question. These plans do exactly what Congress intended when it established Section 120- guarantee affordable access to legal services for middle class families by addressing their real and otherwise unmet need for legal help. Some legal plans are prepaid legal plans . The term Prepaid Legal Service Plan has been developed over the last fifteen years to denote any type of arrangement that establishes a fund of money in the present that is used to pay legal fees for services required by plan contributors in the future. A Lawyer's Guide to Prepaid Legal Services By Alec Schwartz American Bar Association Press p 3 (1988). In a prepaid plan, often the employer pay the legal plan administrators up front legal fees which are used to hire a local attorney to provide wills, real estate closings, divorce representation, etc. What does a prepaid legal plan really do? First, it reduces the cost of legal services to the consumer. Rather than paying a possible $115- $155 per hour or a flat fee of up to $900 for a simple divorce, the consumer or their employer may pay between $50- $200 per year for the legal plan and they then are eligible to use a lawyer for services which would otherwise cost hundreds or thousands of dollars. A prepaid plan, because it prepays for and provides ready access to lawyer services, encourages preventive legal care. A Lawyer's Guide to Prepaid Legal Services at 4. Unpaid plans, such as the AFL-CIO's Union Privilege Legal Service, provides free consultations and referrals to qualified attorneys Today millions of Americans are given access to an attorney, usually a private attorney under employer plans and also under employee or consumer plans. See Prepaid Legal Plans Help Small Law Firms and Consumers Solo-ABA/GP Winter, 1994
On March 4, 1994 I met with Congressman Frank Pallone, D- NJ to discuss legal service plans. I encouraged him to support prepaid legal plans to help consumers. Congressman Pallone, a long time supporter of Consumer legislation, appears on our side. Legal services improve economic productivity, because an employee distracted by legal difficulties isn't fully effective. Legal Plan Letter Number 290, National Resource Center for Consumers of Legal Services at 3.
According to the American Prepaid Legal Services Institute (API), a Chicago-based ABA related national membership organization, group legal service plans involve advance arrangements for meeting personal legal needs, especially for legal services that prevent or settle disputes. Legal service plans extend quality, low cost legal services to middle income Americans. They are inexpensive - the average employer-paid plan costs less than $100 per family per year. Everyone should have a will, power of attorney, living will and access to a local attorney. These plans enhance employee productivity by promoting emotional, financial and physical health. Legal services plans work much like prepaid dental or medical plans. Building Your Small Firm Practice on a Prepaid Foundation Florida Bar Journal Vol. LXVIII, No 1 p48 (Jan. 1994).
The Late William Bolger, Director of the Union Privilege Legal Services of the AFL-CIO and other national leaders in the legal service field states that legal plans enjoy strong, broad support from labor, consumer, bar and insurance groups. IRS Tax Credit Section 120 places employer paid group legal service plans on equal footing with other statutory fringe benefits by providing the same favorable tax treatment. 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' problem, the sooner the employees can focus on their work. See Opening the Door to Affordable Legal Services American Prepaid Legal Services Institute p1 (1988).
It is not difficult to organize a legal services plan, whether it is a union, trade association, church or non-profit organization. At least half of the population does not have adequate access to the legal system. By increasing awareness of legal services plans, a win/win opportunity exists for people with legal problems. All consumers and businesses should support legal plans.

Legal Guardianship of a Parent or Adult Family Member.

Kenneth Vercammens Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can legally act on that persons affairs. If a power of attorney was not signed, your attorney must file a formal complaint and other legal pleadings in the Superior Court. The Guardianship Complaint will request a Court Order and Judgment to permit a trusted family member, friend or professional to handle financial affairs.
A Power of Attorney is generally given by one person to another in case the grantor becomes ill or incapacitated. A Power of Attorney permits the holder to pay the grantors bills and handle the grantors affairs when the grantor is unable to do the same.
A Power of Attorney is an appointment of another person as ones agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title attorney-in-fact to the agent who is given Power of Attorney.
Without a proper legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouses signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
Without a Power of Attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.
According to Disability Law, A Legal Primer published by the New Jersey State Bar Association, a guardian is a person appointed by a court to make financial and personal decisions for a person proven to be legally incompetent. p11
1. When is a guardian needed? A guardian is needed when an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. The person for whom a guardian is appointed is called a ward. Disability Law at p11
Legislation changed the designation of mental incompetent to incapacitated person in all laws, rules, regulations and documents.
2. What rights does an incompetent lose? Unless a Court orders otherwise, a ward/incompetent does not have the right to decide where to live, spend money, use property, appear in Court or undergo medical treatment without the approval of his or her guardian. An unmarried incompetent also loses the right to marry.
3. How does somebody become the guardian of another? Guardians are appointed by Courts after the person in need of guardianship is proven incompetent. Guardianship actions can be brought under the general incompetency statute (N.J.S.A. 3B:12-25 et seq.) or under the statute dealing with people who receive services from the State Division of Developmental Disabilities. N.J.S.A.. 30:4-165.4 et seq. Guardians who are married to the incompetent or are parents of an unmarried incompetent can choose who will become the guardian after the guardians die and include a clause designating their successor in their wills. Disability Laws p12. Under the general incompetency statute, a Complaint requesting Guardianship must be filed in the Superior Court.With a detailed Affidavit by the person requesting to be Guardian detailing the assets of the incompetent plus reasons why the incompetent is no longer able to manage their affairs. Affidavits of two doctors are also needed. The Affidavit must be signed within 30 days of the examination. The Court will appoint a temporary attorney to interview the incompetent and prepare a report to the Court.
4. Who can be a guardian? Generally, a close relative or a person with a close relationship to the proposed incompetent who will act to protect the incompetents best interests can be guardian. When a close friend or relative is not available, the Court may appoint the Public Guardian (for persons over 60) or a volunteer Attorney to serve as guardian.
5. What are the rights of the proposed incapacitated/incompetent person prior to hearing? The proposed incompetent is entitled to receive advance notice of the guardianship hearing, to be represented by a lawyer and to present a defense at the hearing.
6. What happens if the incompetent regains the ability to manage his or her affairs? The incompetent can then go back to Court and ask to be made his or her own guardian again, but must show that he or she has regained sound reason.
7. When is a guardian not needed? Just because a person has a disability, does not mean that they need a guardian. A guardian is not needed if a person can make, and understand the nature of decisions, and communicate decisions to others. A guardian is not required for someone who has a physical disability, but can manage his or her affairs, and is not needed if a person merely has a problem managing money or property. Disability Law p12.

LEAVING THE SCENE OF AN ACCIDENT model jury charge


LEAVING THE SCENE OF AN ACCIDENT
RESULTING IN DEATH
(N.J.S.A. 2C:11-5.1)model jury charge

The indictment charges the defendant with the offense of leaving the scene of an accident resulting in the death of another as follows:
(Read pertinent count of indictment)
The defendant is accused of violating a section of our state statutes that reads as follows:
A motor vehicle operator who knows that he is involved in an accident and knowingly leaves the scene of that accident . . . shall be guilty of a crime. . . if the accident results in the death of another person.
In order for you to find the defendant guilty of this offense, you must find that the State has proved beyond a reasonable doubt each of the following elements:
1. that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle;
2. that the defendant knew that he/she was involved in an accident;
3. that the defendant knowingly and unlawfully left the scene of that accident; and
4. that the accident resulted in the death of another person.
The first element that the State must prove beyond a reasonable doubt is that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle. A motor vehicle is any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks and motorized bicycles.1
The second element that the State must prove beyond a reasonable doubt is that the defendant knew that he/she was involved in an accident.
A person knows that he/she was involved in an accident if he/she is aware that he/she was involved in an accident or is aware of a high probability that he/she was involved in an accident.
The third element that the State must prove beyond a reasonable doubt is that the defendant knowingly and unlawfully left the scene of the accident.
1N.J.S.A.39:1-1.LEAVING THE SCENE OF AN ACCIDENT RESULTING IN DEATH N.J.S.A. 2C:11-5.1Page 2 of 2
2If the sufficiency of the defendants stay at the scene of the accident becomes an issue, please refer toN.J.S.A.39:4-129(c), which specifies how long a motorist must remain at the scene of an accident.
3When appropriate, the jury should be instructed on causation.N.J.S.A.2C:2-3.
A motorist knowingly leaves the scene of an accident if he/she is aware that he/she is leaving the scene of an accident or is aware of a high probability that he/she is leaving the scene of an accident.
To determine whether the State has proved beyond a reasonable doubt that the defendant unlawfully left the scene of an accident, you must understand the obligations that New Jersey law places on a motorist who is involved in an accident.
A motorist who knows that he/she has been involved in an accident must:
(1) immediately stop his/her vehicle at the scene of the accident; or
(2) immediately stop his/her vehicle as close to the scene of the accident as possible and forthwith return to the scene of the accident.2
A motorist who fails to stop under these circumstances unlawfully leaves the scene of an accident. However, the State need not prove that the defendant knew of his/her legal obligation to stop at or near the scene of the accident.
The fourth element that the State must prove beyond a reasonable doubt is that the accident resulted in the death of another person.3The State need not prove that defendant knew that the accident had resulted in death or would result in death.
If you find that the State has proved each element of the offense beyond a reasonable doubt, then you must find the defendant guilty.
If you find that the State has failed to prove any element of the offense beyond a reasonable doubt, then you must find the defendant not guilty.

LEADER OF ORGANIZED CRIME (N.J.S.A. 2C:5-2g) model jury charge

LEADER OF ORGANIZED CRIME
(N.J.S.A. 2C:5-2g)

Count of the indictment charges defendant with the crime of being a leader of organized crime.[READ COUNT OF INDICTMENT].That section of our statutes provides in pertinent part that
A person is a leader of organized crime if he purposely conspires with others as an organizer, supervisor or manager or financier to commit a continuing series of crimes which constitute a pattern of racketeering activity....
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1) That defendant purposely conspired with two or more persons
(2) That the purpose of the conspiracy was to commit a continuing series of crimes which constitute a pattern of racketeering activity and
(3) That within that conspiracy, defendant was a
[CHOOSE APPROPRIATE] financier, organizer, supervisor or manager.
The first element that the State must prove beyond a reasonable doubt is that defendant purposely conspired with two or more persons.[Read model jury charge on Conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element that the State must prove beyond a reasonable doubt is that the purpose of the conspiracy was to commit a continuing series of crimes, here [state crimes alleged]which, if proven beyond a reasonable doubt, constitute a pattern of racketeering activity.A pattern of racketeering requires the State to prove beyond a reasonable doubt (1) that defendant engaged in at least two incidents of racketeering conduct, one of which must have occurred after June 5, 1981, and the last of which must have occurred within 10 years of a prior incident of racketeering activity, and (2) that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.
In this case, the State alleges that defendant conspired to commit the crimes of__________[Charge elements of substantive crimes or, if already charged, remind jurors of those definitions].The State must prove beyond a reasonable doubt that defendant conspired to commit at least two of these crimes and that the crimes he/she conspired to commit are a continuing series of crimes that constitute a pattern of racketeering.You must unanimously agree about the crimes defendant conspired to commit.
The third element that the State must prove beyond a reasonable doubt is that, within the conspiracy, defendant acted as[CHOOSE APPLICABLE]a financier, organizer, supervisor or manager of at least one other person.
A financier means a person who provides money, credit or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes which constitute a pattern of racketeering activity, including but not limited to the purchase of materials to be used in the commission of crimes, buying or renting housing or vehicles, purchasing transportation for members of the conspiracy or otherwise facilitating the commission of crimes which constitute a pattern of racketeering activity.
An organizer is a person who purposely arranges, devises, or plans an organized crime conspiracy.
A supervisor is one who purposely oversees the operation of an organized crime conspiracy.
A manager is one who purposely directs the operations of an organized crime conspiracy.
A person acts purposely with respect to the nature of his/her conduct or the result of that conduct if it is his/her conscious object to engage in conduct of that nature or to cause such a result.A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning.
[CHARGE WITH REGARD TO FINANCIER]
A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if he/she is aware that the conduct is of that nature or that such circumstances exist or the person is aware of a high probability of their existence.A person acts knowingly with respect to a result of the conduct if he/she is aware that it is practically certain that the conduct will cause a result.Knowing, with knowledge, or equivalent terms have the same meaning.
Purposely [and knowingly] is [are] a state[s] of mind that cannot be seen and can only be determined by inference from conduct, words or acts.Therefore, it is not necessary that the State produce witnesses to testify that a defendant said that he/she purposely [or knowingly] did something.His/Her purpose [or knowledge] may be gathered from his/her acts and conduct, from all that he/she said and did at the particular time and place, and from all the surrounding circumstances reflected in the testimony [and evidence adduced at trial].
Defendant, however, does not have to be the only or even the primary financier, organizer, supervisor, or manager, and it is no defense that defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of the organized crime conspiracy.
If the State has proven each of these elements beyond a reasonable doubt, then you must find the defendant guilty.If the State has failed to prove beyond a reasonable doubt any element of this offense, then you must find the defendant not guilty.



LEADER OF NARCOTICS NETWORK 2C:35‑3) model jury charge

LEADER OF NARCOTICS TRAFFICKING NETWORK
(N.J.S.A. 2C:35‑3)model jury charge
[For crimes committed after January 12, 1998]
Countof the indictment charges defendant with the crime of being a leader of a narcotics trafficking network. That section of our statutes provides in pertinent part that
A person is a leader of a narcotics trafficking network if he conspires with two or more other persons in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into, or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate,[1]flunitrazepam[2]or any controlled dangerous substance classified in Schedule I or II or any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the body,[3]or any controlled substance analog[4]thereof as a financier, or as an organizer, supervisor or manager of at least one other person.
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1)That defendant conspired with two or more persons.
(2)That the purpose of the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into, or transport) in this State (name controlled dangerous substance or analog allegedly involved), and
(3)That defendant was a financier

OR

That defendant was an organizer, supervisor or manager of at least one other person and
(4)That defendant occupied a high level position in the conspiracy.
The first element that the State must prove beyond a reasonable doubt is that defendant conspired with two or more persons.[Read model jury charge on conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element that the State must prove beyond a reasonable doubt is that the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into or transport)[5]controlled dangerous substances or an analog. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container . . .[6]Distribute means to deliver,i.e., the transfer from one person to another of controlled dangerous substance or a controlled substance analog. The transfer can be actual, constructive or attempted. Dispensing means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. Transport means to carry from one place to another.[IF APPLICABLE, CHARGE THE FOLLOWING]. It is not a defense to this charge that the controlled dangerous substance or controlled substance analog was brought into this State solely for ultimate distribution or dispensing in another location.
The third element that the State must prove beyond a reasonable doubt is that defendant acted as[CHOOSE APPLICABLE]a financier[OR]as an organizer, supervisor or manager of at least one other person.[7]A financier is a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to purchase a controlled dangerous substance or an immediate precursor, or otherwise to finance the operations of a drug trafficking network. The State need not prove that any intended profit was actually realized.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the profit, if any, involved in this scheme was intended to be made in another location.
An organizer is a person who purposely arranges, devises, or plans a drug trafficking conspiracy. A supervisor is one who purposely oversees the operation of a drug trafficking conspiracy. A manager is one who purposely directs the operations of a drug trafficking conspiracy.
A person acts purposely with respect to the nature ofhis/herconduct or the result of that conduct if it ishis/herconscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning. Purposely is a state of mind that cannot be seen and can only be determined by inference from conduct, words or acts. Therefore, it is not necessary that the State produce witnesses to testify that a defendant said thathe/shepurposely did something.His/Herpurpose may be gathered fromhis/heracts and conduct, from all thathe/shesaid and did at the particular time and place, and from all the surrounding circumstances reflected in the testimony [and evidence adduced at trial].
The fourth element that the State must prove beyond a reasonable doubt is that defendant held a high-level position in the drug trafficking conspiracy. In other words, the State must prove that defendant occupied a position of superior authority or control over other persons in a scheme or organization of drug distribution (or manufacture, dispensing or transportation) and that in that position the defendant exercised supervisory power or control over others engaged in the drug trafficking conspiracy.[8]
Defendant, however, does not have to be the only or even the primary financier, organizer, supervisor, or manager, and it is no defense that defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of the narcotics trafficking network.
If the State has proven each of these elements beyond a reasonable doubt, then you must find the defendant guilty. If the State has failed to prove beyond a reasonable doubt any element of this offense, then you must find the defendant not guilty.


[1]Effective June 25, 1999.
[2]Effective June 25, 1999.
[3]See definition of controlled dangerous substance inN.J.S.A. 2C:35-2 (effective August 19, 1999).
[4]Pick the appropriate controlled dangerous substance or analog alleged in the indictment.
[5]Choose the appropriate allegation.
[6]Read statutory exception to definition (N.J.S.A. 2C:35-2) if applicable.
[7]InState v. Afanador, 134N.J. 162, 171 (1993), the Supreme Court indicated that the trial court was under no obligation to define these terms. However, inState v. Alexander, 136N.J. 563, 574-575 (1994), the Court decided that these terms should be more fully explained to the jury.
[8]Query whether the rationale ofState v. Alexander, 136N.J. 563 (1994),i.e., that the defendant occupies a supervisory position, applies to financier.

LEADER OF DRUG NETWORK 2C:35‑3) model jury charge

LEADER OF DRUG TRAFFICKING NETWORK

(N.J.S.A. 2C:35‑3) model jury charge

The indictment charges defendant with the crime of being a leader of a drug trafficking network.That section of our statutes provides in pertinent part that
A person is a leader of a narcotics trafficking network if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into, or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, or any controlled dangerous substance classified in Schedule I or II or any controlled substance analog[1]thereof.
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1)That defendant conspired with two or more persons.[2]
(2)That the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into, or transport) in this State (name controlled dangerous substance of analog allegedly involved).
(3)That defendant was an organizer, supervisor, financier or manager in such a conspiracy.
(4)That defendant occupied a high level position in the conspiracy.
(5)That defendant engaged in the conspiracy for profit.
If you find that the State has proven these elements beyond a reasonable doubt, then you must find defendant guilty of being a leader of a drug trafficking network. If you find that the State has failed to prove these elements beyond a reasonable doubt, then you must find the defendant not guilty of being a leader of a drug trafficking network.
The first element which the State must prove beyond a reasonable doubt is that defendant conspired with two or more persons.[Read model charge on conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element which the State must prove beyond a reasonable doubt is that the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into or transport)[3]controlled dangerous substances or an analog. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. . .[4]Distribute means to deliver,i.e., the transfer from one person to another of controlled dangerous substance or a controlled substance analog. The transfer can be actual, constructive or attempted. Dispensing means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. Transport means to carry from one place to another.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the controlled dangerous substance or analog was brought into this State solely for ultimate distribution or dispensing in another location.
The third element which the State must prove beyond a reasonable doubt is that defendant acted as an organizer, supervisor, financier or manager within the conspiracy.[5]An organizer is a person who arranges, devises, or plans a drug trafficking conspiracy. A supervisor is one who oversees the operation of a drug trafficking conspiracy. A financier is one who is responsible for providing the funds or resources necessary to operate a drug trafficking conspiracy. A manager is one who directs the operations of a drug trafficking conspiracy. Defendant, however, does not have to be the only or even the primary organizer, supervisor, financier or manager.
The fourth element which the State must prove beyond a reasonable doubt is that defendant held a high-level position in the drug trafficking conspiracy. In other words, the State must prove that defendant occupied a position of superior authority or control over other persons in a scheme or organization of drug distribution (or manufacture, dispensing or transportation) and that in that position the defendant exercised supervisory power or control over others engaged in the drug trafficking conspiracy.
The final element which the State must prove beyond a reasonable doubt is that defendant engaged in the conspiracy for profit. However, the State need not prove that any intended profit was actually realized. You may infer that a particular scheme or course of conduct was undertaken for profit from all the surrounding circumstances, among them the number of persons involved in the scheme, the defendants net worth andhis/herexpenditures in relation tohis/herlegitimate source(s) of income, the amount or purity of the controlled dangerous substance or controlled substance analog or the amount of cash or currency involved.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the profit, if any, involved in this scheme was intended to be made in another location.
If the State has failed to prove beyond a reasonable doubt any of the elements of this offense, then you must find the defendant not guilty. If the State has proven beyond a reasonable doubt each element of this offense, then you must find the defendant guilty.


[1]Pick the appropriate controlled dangerous substance or analog alleged in the indictment.
[2]State v. Afanador, 134N.J. 162 (1993).
[3]Choose the appropriate allegation.
[4]Read statutory exception to definition (N.J.S.A. 2C:35-2) if applicable.
[5]InState v. Afanador, 134N.J. 162, 171 (1993), the Supreme Court indicated that the trial court was under no obligation to define these terms. However, inState v. Alexander, 136N.J. 563, 574-75 (1994), the Court decided that these terms should be more fully explained to the jury.