Shoplifting 2C:20-11

What to do in an Accident

What to do in an Accident  What to do in an Accident Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don’t give up! Our Law Office can provide experienced attorney representation if you are injured. We sincerely hope that you and your family will enjoy safe motoring, free from accident. If however you do have an accident, to protect your legal rights, the following suggestions may be helpful: At The Accident Scene - 1. Stop . . . do not leave the scene of the accident (a) DIRECT OTHER TRAFFIC around the accident. (b) HELP THE INJURED but don’t move them unless absolutely necessary. (c) CALL THE POLICE, tell them where the accident occurred and ask for medical help if needed. 2. Get names, addresses, and license numbers of all drivers involved. ________________________________________________ ________________________________________________ 3. Get description and registration number and insurance information of all cars involved. _____________________________________ License Plate Number ____________________________________ Registration # Make ___________ Year _________ ____________________________________ Damage ______________________________________________________ Insurance Company ____________________________________ Insurance Policy Number 4. Get names and addresses of all witnesses (other than passengers) _________________________________________________ Name _______________________________________________ Address _________________________________________________ Phone ______________________________________________________ Name _______________________________________________ Address _________________________________________________ Phone 5. Police Officers __________________________________________________ Department ________________________________________________ Officer. _______________________________________________ Badge No. ______________________________________________________ Officer. ______________________________________________________ Badge No. 6. Accident Information _________________ _________________ Date Time ______________________________________________________ Location _______________________________________________________ No. of vehicles involved _____________________________________________________ Weather ______________________________________________________ Road conditions ________________________________________________________ Damage ______________________________________________________ Speed of the other car 6. Summary of accident _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 7. Diagram of accident 8. Make sure no one is injured. If anyone is injured call an ambulance. If you have any reason to suspect you were injured in the accident, see a physician promptly. You’ll want it on record that you sought treatment right away - not in a week or so . 9. Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of the their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses to anyone but the police, your attorney or your insurance company. 10. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the police, your attorney and with representatives of your insurance company. Give the other party only your driver’s license number, registration number and insurance information. - Be cooperative with the police. 11. Seek hospital attention. 12. Speak with your Doctor or Chiropractor 13. Call your insurance company to report the accident. 14. Call: Kenneth A. Vercammen, Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you. 15. Never give a signed statement to the claims adjuster representing the other drivers insurance company. The same goes for a phone recording. They may be used against you in court. 16 . What you must always have in your car..... a.- Drivers License b.- Car Registration c.- Insurance Card d.- This Flyer on Accidents e.- A Working Pen f. - Quarters for Phone Calls (Ambulance/First Aid and Police)  

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

2053 Woodbridge Ave.

Edison, NJ 08817

Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.

The offices are located on the 1st floor of the building.

2 rooms office  

office room # 6 approx 12.4 x 9.4       

and front room appr 8 x 9 -office room # 5

plus use of reception room  16.6 x 7.2

and use of storage area in basement

         

$600 per month  [was $700]

Call 732-572-0500

    Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury, Elder Law, and Criminal Law. 

Why Traditional Planning Fails Seniors: What you can do to help your clients not fall in the same trap! Saturday, August 10, 2013

 Why Traditional Planning Fails Seniors: What you can do to help your clients not fall in the same trap!

Saturday, August 10, 2013

2:00 p.m. - 3:30 p.m. Moscone Center West. San Francisco ABA Annual Meeting Room 2008, 2^nd Floor

   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

Speakers:

Kristi Vetri  – Co-Chair ABA GP Elder Law Committee

Kenneth A. Vercammen, Esq. – Co-Chair ABA GP Elder Law Committee & co-author "Nuts & Bolts of Elder Law", Edison, NJ

Rajiv Nagaich

Elder Law program Primary Sponsor: General Practice Section

Co-sponsors: ABA Commission on Law & Aging, Health Law Section,

YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section

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 American Bar Association's at 800- 285- 2221 for ABA meeting registration

Can’t attend?  We can email you materials

Send email to VercammenLaw@Njlaws.com

Reminder ABA Delegate At- Large Election will be held at the ABA Annual Meeting

All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. 

Voting will be at ABA Registration (voting across from registration area)

    All attendees of the Annual Meeting can vote for six candidates. Attendees must vote for six or the vote is not counted.  

Handling the Criminal, Misdemeanor and Traffic Case Saturday, August 10, 2013 8:30 a.m. - 10:00 a.m. ABA Annual Meeting, San Francisco Moscone Center West.

Handling the Criminal, Misdemeanor and Traffic Case

Saturday, August 10, 2013

8:30 a.m. - 10:00 a.m.

ABA Annual Meeting, San Francisco  Moscone Center West.

      Ideas from the new Solo Division Book on Criminal Law., Forms & briefs will be provided to all attendees. New interview forms for drug cases, traffic, and criminal. Using social media to promote your practice. Topics: Motions to help you and your clients; Getting referrals from other professionals; Forms you can use; Email newsletters to Police and courts; Marketing with written fee agreements; -Ethics and marketing without violating the Rules of Professional Conduct

   Speakers

Kenneth Vercammen, Edison, NJ Author- Criminal Law Forms from ABA Publishing

Jeff Robinson, Co-Chair Criminal Law Committee

Ideas from the new Solo Division Book on Criminal Law.

 Forms & briefs will be provided to all attendees.  New interview forms for Drug cases, traffic and Criminal. Using social media to promote your practice.

Topics: Motions to help you and your clients

 Getting referrals from other professionals

Forms you can use

Email newsletters to Police and courts

Marketing with written fee agreements

-Ethics and marketing without violating the Rules of Professional Conduct

Questions to ask at interview

-What to do when the client is lying

- handling the rude client who has paid you

-negotiations with district attorney prior to court hearings

- When to file motions and when not

-Protect the king [ and avoid PCR]

No Plea Bargain in DWI in Municipal Court in NJ

APPENDIX TO PART VII

GUIDELINES FOR OPERATION OF PLEA AGREEMENTS IN THE MUNICIPAL COURTS OF NEW JERSEY
GUIDELINE 1. PURPOSE
The purpose of these Guidelines is to allow for flexibility in the definitions and exclusions relating to the plea agreement process as that process evolves and certain offenses come to demand lesser or greater scrutiny.
GUIDELINE 2. DEFINITIONS
For the purpose of these Guidelines, a plea agreement occurs in a Municipal Court matter whenever the prosecutor and the defense agree as to the offense or offenses to which a defendant will plead guilty on condition that any or all of the following occur:
(a) the prosecutor will recommend to the court that another offense or offenses be dismissed,
(b) the prosecutor will recommend to the court that it accept a plea to a lesser or other offense (whether included or not) than that originally charged,
(c) the prosecutor will recommend a sentence(s), not to exceed the maximum permitted, to the court or remain silent at sentencing.
GUIDELINE 3. PROSECUTOR’S RESPONSIBILITIES
Nothing in these Guidelines should be construed to affect in any way the prosecutor's discretion in any case to move unilaterally for an amendment to the original charge or a dismissal of the charges pending against a defendant if the prosecutor determines and personally represents on the record the reasons in support of the motion. The prosecutor shall also appear in person to set forth any proposed plea agreement on the record. However, with the approval of the municipal court judge, in lieu of appearing on the record, the prosecutor may submit to the court a Request to Approve Plea Agreement, on a form approved by the Administrative Director of the Courts, signed by the prosecutor and by the defendant. Nothing in this Guideline shall be construed to limit the court's ability to order the prosecutor to appear at any time during the proceedings.

GUIDELINE 4. LIMITATION.

No plea agreements whatsoever will be allowed in drunken driving or certain drug offenses. Those offenses are:
A. Driving while under the influence of liquor or drugs (N.J.S.A. 39:4-50) and
B. Possession of marijuana or hashish (N.J.S.A. 2C:35-10a(4)), being under the influence of a controlled dangerous substance or its analog (N.J.S.A. 2C:35-10b), and use, possession or intent to use or possess drug paraphernalia, etc. (N.J.S.A. 2C:36-2).
No plea agreements will be allowed in which a defendant charged for a violation of N.J.S.A. 39:4-50 with a blood alcohol concentration of 0.10% or higher seeks to plead guilty and be sentenced under section a(1)(i) of that statute (blood alcohol concentration of .08% or higher, but less than 0.10%).
If a defendant is charged with a second or subsequent offense of driving while under the influence of liquor or drugs (N.J.S.A. 39:4-50) and refusal to provide a breath sample (N.J.S.A. 39:4-50.2) arising out of the same factual transaction, and the defendant pleads guilty to the N.J.S.A. 39:4-50 offense, the judge, on recommendation of the prosecutor, may dismiss the refusal charge. A refusal charge in connection with a first offense N.J.S.A. 39:4-50 charge shall not be dismissed by a plea agreement, although a plea to a concurrent sentence for such charges is permissible.
Except in cases involving an accident or those that occur when school properties are being utilized, if a defendant is charged with driving while under the influence of liquor or drugs (N.J.S.A. 39:4-50(a)) and a school zone or school crossing violation under N.J.S.A. 39:4-50(g), arising out of the same factual transaction, and the defendant pleads guilty to the N.J.S.A. 39:4-50(a) offense, the judge, on the recommendation of the prosecutor, may dismiss the N.J.S.A. 39:4-50(g) charge.
If a defendant is charged with more than one violation under Chapter 35 or 36 of the Code of Criminal Justice arising from the same factual transaction and pleads guilty to one charge or seeks a conditional discharge under N.J.S.A. 2C:36A-1, all remaining Chapter 35 or 36 charges arising from the same factual transaction may be dismissed by the judge on the recommendation of the prosecutor.
Nothing contained in these limitations shall prohibit the judge from considering a plea agreement as to the collateral charges arising out of the same factual transaction connected with any of the above enumerated offenses in Sections A and B of this Guideline.
The judge may, for certain other offenses subject to minimum mandatory penalties, refuse to accept a plea agreement unless the prosecuting attorney represents that the possibility of conviction is so remote that the interests of justice requires the acceptance of a plea to a lesser offense.

SUPREME COURT COMMENT (JUNE 29, 1990)

Over the years, various unique practices and procedures have evolved in connection with the disposition of Municipal Court cases. Thus, it is the intent of these Guidelines to define regulated plea agreements as including every common practice that has evolved as a subterfuge for plea agreements. Therefore, for the purpose of these Guidelines, a plea agreement shall include all of those traditional practices, utilized by prosecutors and defense counsel, including "merger", "dismissal", "downgrade" or "amendment." Generally, "mergers" involve the dismissal of lesser-included or related offenses when a defendant pleads to the most serious offense. "Dismissals" involve motions to dismiss a pending charge or plea agreement when the municipal prosecutor determines, for cause (usually for insufficient evidence), that the charge should be dismissed. "Downgrades" or "amendments" involve the taking of a plea to a lesser or included offense to that originally charged.
Plea agreements are to be distinguished from the discretion of a prosecutor to charge or unilaterally move to dismiss, amend or otherwise dispose of a matter. It is recognized that it is not the municipal prosecutor's function merely to seek convictions in all cases. The prosecutor is not an ordinary advocate. Rather, the prosecutor has an obligation to defendants, the State and the public to see that justice is done and truth is revealed in each individual case. The goal should be to achieve individual justice in individual cases.
In discharging the diverse responsibilities of that office, a prosecutor must have some latitude to exercise the prosecutorial discretion demanded of that position. It is well established, for example, that a prosecutor should not prosecute when the evidence does not support the State's charges. Further, the prosecutor should have the ability to amend the charges to conform to the proofs.
Note: Guidelines and Comment adopted June 29, 1990, simultaneously with former Rule 7:4-8 ("Plea Agreements") to be effective immediately; as part of 1997 recodification of Part VII rules, re-adopted without change as Appendix to Part VII and referenced by Rule 7:6-2 ("Pleas, Plea Agreements"), October 6, 1997 to be effective February 1, 1998; Guideline 4 amended July 5, 2000 to be effective September 5, 2000; Guidelines 3 and 4 amended July 28, 2004 to be effective September 1, 2004; Guideline 4 amended June 7, 2005 to be effective July 1, 2005; Guideline 4 amended June 15, 2007 to be effective September 1, 2007; Guideline 3 amended July 16, 2009 to be effective September 1, 2009.