E374 NJ Laws Email Newsletter

NJ Laws Email Newsletter E374 Kenneth Vercammen, Attorney at Law  August 17,2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Theft and Calling Mom Senile Fool Not Grounds for DV. 2. Error by Police Dispatcher in Invalid Arrest Warrant Requires Suppression of Evidence under NJ Constitution. 3. Friday, August19 - Annual WFAN Day with Mike FrancesaplusSouth Side Johnny and the Asbury Jukes with special guests at Bar Anticipation. 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 Editors Note and Disclaimer: All materials Copyright 2014. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. 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 Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court Facebook:http://www.facebook.com/kenneth.vercammen?ref=name

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. 9am7/26/11 Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park pizza7/30/11 Sea Girt 1 mile swim7/30/11Parker House Fun Run & Beer Party Sea Girt, NJ July 24, 20102 mile9:47 free beer 7/31/11 JFK Hospital Roosevelt Park 5k Edison 9am8/13 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 8am8/20 Bradley Beach 5k8/28/11 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 toStart 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 professionalsThe aftermath of the Terry Schiavo case and Living Wills.Forms you can useEmail newslettersHow to manage telephone conversations with your clientsMarketing 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.

Editors Note and Disclaimer: All materials Copyright 2014. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. 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 Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court Facebook:http://www.facebook.com/kenneth.vercammen?ref=name

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.

NJ Laws Email Newsletter E369 Kenneth Vercammen, Attorney at Law  June 1,2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 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. Greetings Kenneth Vercammen, 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.

ABA Estate Planning, Probate & Trust Committee Mid Year January 2018 Report Solo Division

ABA Estate Planning, Probate & Trust Committee Mid Year January 2018 Report Solo Division

2017–2018 COUNCIL AGENDA REPORT FORM

COMMITTEE REPORTS

Division Number and Name: Division 3: Practice Specialty

Division Director Name: Daniel Tann

Reporting Board or Committee: ABA Estate Planning, Probate & Trust Committee

Completed By: Kenneth Vercammen Co-Chair, Edison, NJ

1.   What has your board or committee done since its last report (e.g., conference call, meetings, use of discussion lists, planning for CLE programs, publications and articles, collaboration with other boards, committees, or sections)?

-       Held meeting   October 20 GPSolo 3:00pm- 4:00 at the St. Paul Hotel

-Publicized program Protecting Your Assets Against Long-Term Care and Nursing Home Expenses 

April 26 2018    9:45 AM to 10:45 AM with speakers James and Matt Davidson Moderator Kenneth Vercammen, Esq.

ABA-GPSolo and Group Legal Services Association (Formerly API) Spring Conference

-       Participated in November quarterly ABA Commission on Law and Aging

-       -Helped publicize Solo Division’s book “Wills and Estate Administration Practice” approx 240 pages to help raise revenue for section- Sale of book continue to be good

2.   What is the status of your board or committee’s business plan for the year (e.g., participation of board or committee members, goals achieved, and new goals)?

-       Assist GLSA Group Legal at New Orleans meeting 2018

-Participate in Quarterly ABA Law and Aging Networking Call

January 8, 2018 2:00 - 3:00 PM Eastern time

Discuss ABA Policy Proposals in development for Mid-year or Annual

         Upcoming training on age related topics or issues

         Publications  Other planned programing on age related topics or issues

-       Offered to do program if there is a Solo day in Chicago 2018

-Ken V Will Participate in March, 2018 quarterly ABA Commission on Law and Aging networking These calls are open to ABA staff and Members with an interest in developing programing, policy or publications on issues relating to aging and law.  Please share this message with colleagues who may want to participate and encourage people to email me to be added to the invitation list (david.godfrey@americanbar.org<mailto:david.godfrey@americanbar.org>.)

-       Attend October 2018 Charleston meeting and help out

3.   Does your board or committee need any assistance from the Director, Staff, Division Officers, or Council? If yes, please explain:

Yes We need help setting up programs and meetings.

-The Committee anticipates guidance, support and/or involvement from our Division Director regarding publicizing the Wills and Estate Administration book

ACTION ITEMS

List any action items to be presented to Council. These are items that require discussion, reporting, and/or decision-making on the part of the Council (e.g. a request for support of matters appearing before the House of Delegates, revisions of Division policies, and requests for use of extraordinary Division resources).

INFORMATIONAL ITEMS

List any informational items to be represented to Council. These items are matters for the Council’s information and do not require action.

Criminal Law Committee ABA Mid Year January 2018 report Solo Division

Criminal Law Committee ABA Mid Year January 2018 report Solo Division

COUNCIL AGENDA REPORT FORM

Division Name and Number:  Practice Specialty Division: 3

Division Director Name:  Daniel Tann

Reporting Board or Committee: Criminal Law Committee

Completed By: Kenneth Vercammen Chair, Edison, NJ  

1.   1. What has your board or committee done since its last report (e.g., conference call, meetings, use of discussion lists, planning for CLE programs, publications and articles, collaboration with other boards, committees, or sections)?

Since October:

-Followed up manuscript for new ABA book Handling DUI and Drug Possession Defense for Attorneys [over 250 pages]

--Sent another Request for Brown Bag webinar

-Continue to Publicize ABA “Criminal Law Forms” Book to help generate revenue for Division

-Participated in leadership events at St. Paul Meeting

-Added info to GP Solo Linkedin

- Publicized program: Make That Traffic Ticket Trash Your Firm’s Goldmine, on Thursday, April 26, 2018 from 11:00 AM to 12:00 PM with speakers Sarah Kieny and Pat Monks, at the Sheraton New Orleans Hotel Moderator Kenneth Vercammen, Esq.

- Invited members to submit articles to GP Solo EReport

- Offered forms for free to members from NJ Bar Annual seminar

For NJ Bar, working on materials for Drug, DWI and Serious Cases seminar which eventually will be 2^nd edition of “Criminal Law Forms”

--Also helped publicize ABA book ABA’s “Smart Marketing for Smart Firm Lawyers” a book from the American Bar Association. My staff implemented many of the ideas to improve our law office. 

Smart Marketing and the Small Firm Lawyer                                                                              

List Price: $59.95                                                                                                                          

-       Offered to do program if there is a Solo day in Chicago 2018

2.   What is the status of your board or committee’s business plan for the year (e.g., participation of board or committee members, goals achieved, and new goals)?

-Continue to help promote ABA books to raise revenue for section

-Offer to GP Solo members free portions of articles/ forms from NJ Bar Annual Drug DWI seminar

- Waiting for revisions by Pub Board or co-editor to book “DUI and Drug possession defense”

3.   Does your board or committee need any assistance from the Director, Staff, Division Officers, or Council? If yes, please explain:

If yes, please explain:

- Help set up programs and brown bag webinar

  Help promote the ABAS’ CRIMINAL LAW FORMS book

Book from the American Bar Association

Solo & Small Firm Division Author: Kenneth Vercammen

  Criminal Law Forms helps lawyers face the challenges of:

•     Criminal defense

•     DWI cases

•     Juvenile offenses

•     Domestic violence

•     Traffic violations

•     Auto Accidents

•     and much more

-Also help publicize ABA book ABA’s “Smart Marketing for Smart Firm Lawyers” a book from the American Bar Association. My staff implemented many of the ideas to improve our law office. 

Smart Marketing and the Small Firm Lawyer                                                                              

List Price: $59.95                                                                                                                          

Sponsor(s): Solo, Small Firm and General Practice Division Publisher(s): ABA Book Publishing    

ACTION ITEMS

List any action items to be presented to Council. These are items that require discussion, reporting, and/or decision-making on the part of the Council (e.g. a request for support of matters appearing before the House of Delegates, revisions of Division policies, and requests for use of extraordinary Division resources).    None for Mid-Year

INFORMATIONAL ITEMS

List any informational items to be represented to Council. These items are matters for the Council’s information and do not require action.