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

Monday, December 30, 2019

Harassment in NJ

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

Under N.J.S.A. 2C:33-4, a person commits the offense of harassment if, "with purpose to harass" he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

Thus, "integral to a finding of harassment under either section is the establishment of the purpose to harass . . . ." Corrente v. Corrente, 281 N.J. Super. 243, 249 (App. Div. 1995).

As was emphasized in Corrente, it is not sufficient that plaintiff feel alarmed or threatened. Id. at 249. Plaintiff's subjective feelings are not a substitute for the required judicial finding of intent to harass by the defendant.

In a deeply dysfunctional marriage, it is not uncommon for emotions to boil over, and for angry words to be hurdled about, often peppered with profanities. Under similar circumstances, we have held that a husband's statement that he would bury his wife, uttered after she announced her intention to obtain a divorce, did not constitute harassment. Peranio v. Peranio, 280 N.J. Super. 47, 56 (App. Div. 1995). Even the exchange of vulgarities on numerous occasions and inappropriate expressions of anger, including kicking a garbage can in the presence of the parties' young children, is not harassment. J.N.S. v. D.B.S., 302 N.J. Super. 525, 527 (App. Div. 1997).

Finding a party guilty of having committed an act of domestic violence is a serious matter. We have repeatedly held that domestic violence restraining orders have serious consequences to a defendant, and therefore should not be entered without an adequate factual basis. Chernesky v. Fedorczyk, 346 N.J. Super. 34, 41 (App. Div. 2001). The absence of the statutorily required judicial finding compels a court to vacate the restraints imposed by the court.

Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

http://njlaws.com/harassment.html?id=468&a=

Guardianship of Disabled Adults in NJ

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 to permit the trusted family member, friend or professional to be able to handle financial affairs.

Powers of Attorney are generally given by one person to another so that if the grantor of the power becomes ill or incapacitated, the Power of Attorney will permit the holder of it to pay the grantors bills and to handle the grantors affairs during the inability of the grantor 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 a Power of Attorney.

Without a 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

Recently the legislation changed the designation of mental incompetent to incapacitated person in all laws, rules, regulations and documents.

2. What rights does a 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, plus 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 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 an Attorney to serve as guardian.

5. What are the rights of the proposed incompetent 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 regain the ability to manage his or her affairs? The incompetent came then go back to Court and ask to be made his or her own guardian again, but first 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 understands the nature of the decisions, and communicate the decisions to others. A guardian is not required for someone who has a physical disability, but who can manage his or her affairs, and is not needed if a person merely has a problem managing money or property. Disability Law p12

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave

Edison, NJ08817

(Phone) 732-572-0500

(Fax)732-572-0030

website: www.njlaws.com

GUARDIANSHIP INTERVIEW FORM

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help us best represent you.Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

ALL THE PAGES AND SECTIONS OF THIS FORM MUST BE COMPLETED PRIOR TO SEEING THE ATTORNEY.WRITE YOUR SPECIFIC QUESTIONS AT THE END OF THE LAST PAGE.PLEASE HELP YOURSELF TO THE FREE INFORMATION BROCHURES IN THE RECEPTION AREA.

PLEASE PRINT CLEARLY

Your Full Name:[Person Filling out Form]

______________________________________________________

FirstLast

Street Address: ________________________________________

City ____________________ State ____Zip Code _____________

Telephone Numbers:Cell:__________________________________

Day: ____________________Night: ________________________

E-mail address: __________________________________________

Referred By: ___________________________________________

If referred by a person, is this a client or attorney? If you heard about this law office by the internet, which search engine? What search terms did you use?

Todays Date ___________________________________________

1. Name of person for whom you seek Guardianship: ________________

Guardianship Questionnairerev 8/16/12

2.Current address and phone for incapacitated person whom Guardianship is sought:

____________________________________________________________

____________________________________________________________

3.Your relationship to person: _________________________________

4. Incapacitated person is of the age of ________________., DOB _______

5. The other kin ofIncapacitated personare:

___________________, relationship _______________, residing at:___________________,

___________________, relationship _______________, residing at: _________________,

___________________, relationship ______________, residing at: ____________________

6. Name, address and fax number of Doctor 1 who will sign Affidavit that person is incapacitated:

____________________________________________________________

____________________________________________________________

7. Name, address and fax number of Doctor 2 who will sign Affidavit that person is incapacitated:

____________________________________________________________

____________________________________________________________

8.Is there a Will?_____Did you bring a photocopy?____

B.Is there a Power of Attorney?_____Did you bring a copy?____

C.Do You Have a Copy of the Deed?________

ASSETS

The court rules require details of assets be set forth in a Guardianship case.

SCHEDULE A REAL PROPERTYIf none, write none

1. Street and Number _____________________________________

Town: ____________________

Lot: ___ Block:____ County: ____________________

Title/Owner of Record: _______________

Tax Assessor Assessed Value: $____________________

Full Market Value of Property:$____________________

Mortgage Balance: $______________________

Any other Real Estate: $______________________

SCHEDULE B (1)BANK ACCOUNTS, STOCK, CD, OTHER ASSETS

All Other Personal Property Owned Individually or Jointly; Market Value, Indicate the Manner of Registration at Date of Death.

If none, write none for each line

Bank Accounts/ Brokerage Accounts - Name of Bank, Acct. # ___________________________________________ $_________

__________________________________________$_________

___________________________________________ $_________

__________________________________________$_________

Stock - Name of Stock Co., Acct. # ________________$_________

___________________________________________$_________

Investment Bonds., Acct. #$_________

___________________________________________$_________

Cars _______________________________________$_________

Other assets over $10,000 ______________________$_________

___________________________________________$_________

___________________________________________$_________

___________________________________________$_________

Liabilities More Than $2,000:If none, write none

____________________________________________________________

____________________________________________________________

Estimated Gross Estate:$__________________________________

Set forth several specific acts of incompetency by the alleged incapacitated person:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

PLEASE USE THIS PAGE TO WRITE YOUR SPECIFIC QUESTIONS FOR THE ATTORNEY:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

KENNETHVERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)732-572-0030

website: www.njlaws.com

Guardianship Legal Services To Be Provided/Retainer

FEE $_______________.[$2,500]

1.Legal Services To Be Provided.You agree that the Law Firm will represent you in connection with proposed Guardianship.

1. Office interview with client, office consult fee is $150.00, which is included in the Complaint preparation fee.

2. Review Guardianship Questionnaire filled out by client.

3. Obtain information such as name, address and telephone number.

4. Obtain information regarding value of real estate, life insurance and other assets.

5. Obtain information regarding estate andbeneficiaries.

6. Obtain information regarding names of family members.

7. Discuss possible individuals to serve as Guardian.

8. Discuss Court procedures, answer legal questions.

9 Office conference, attend to signing of Complaint, Answer Questions and explain provisions.

10 Obtain clients email address to send updates.

11 Attend Hearing

12. Preparation of end of case letter to client after guardianship granted

The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

Documents we will prepare:

1.Opening of file and offer client information brochures

2.Draft Verified Complaint for Guardianship

3.Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship

4.Affidavit of next of kin

5.Prepare AFFIDAVIT OF Doctor 1

6.Prepare CERTIFICATE OF Doctor 2

7.Letters to Doctors to be delivered by client

8.Prepare letter to client enclosing draft documents for client to carefully read

9.Prepare ORDER FOR HEARING

10.Contact client to request client have doctor sign affidavit

11.Attend to proposed Guardian signing complaint

12.Prepare letter to court with signed complaint and 2 doctor certificate

13.Prepare NOTICE to incapacitated person

14.Prepare and file CERTIFICATION OF SERVICE on incapacitated person

15.Prepare co to surrogate with NOTICE to incapacitated person of Complaint and Certification of Service

16.Prepare co to guardian with hearing notice

17.review attorney Guardian report

18.Prepare Guardianship Judgment

2. Costs And Experts.In addition to legal fees, you must pay the following costs and expenses; experts fees, court costs including Complaint filing fee payable to County Surrogate, certified mail notices, investigators fees, deposition costs, messenger services, and any other necessary expenses or out of pocket expenses.The Law Firm may recommend that experts be retained directly by you.You would then be solely responsible to pay the experts.The experts usually require they be paid up front.

The Court will appoint an attorney to be a temporary law Guardian. The court will require either you or the Incapacitated person to pay the fees of the temporary law Guardian. Their fees are approx $1,500.

3.Other Legal Services.You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any of the following:

(a)Provide any legal services after the judgment of the trial court;

(b)Appeal any decisions of the trial court;

(c)Enforce any judgment or order of the trial court;

(d)Represent you in any other court or Tribunal

4. Fees.Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen, P.C. As with most Attorneys, Fees are paid at the initial consultation and must be paid prior to documents being drafted.

[Note- After the Guardianship Complaint is typed, there is a minimum $100.00 additional charge for complaint changes not set forth in the Questionnaire filled out by clients at the initial consult.The Deed needs to be signed within 20 days of initial consult or additional fee will be charged. We do not do Tax Planning or Medicaid Planning.The fee paid is non refundable.]

Guardianship bill

http://njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

Guardianship Law Changes in NJ

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 to permit the trusted family member, friend or professional to be able to handle financial affairs.

Powers of Attorney are generally given by one person to another so that if the grantor of the power becomes ill or incapacitated, the Power of Attorney will permit the holder of it to pay the grantors bills and to handle the grantors affairs during the inability of the grantor 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 a Power of Attorney.

Without a 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

Recently enacted legislation (P.L. 1997, c 379) changed the designation of "mental incompetent" to "incapacitated person" in all laws, rules, regulations and documents. The Supreme Court Committee on Civil Practice will be considering whether the Rules of Court should be amended in accordance with the statute. New Jersey Lawyer March 23, 1998

2. What rights does a 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, plus 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 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 an Attorney to serve as guardian.

5. What are the rights of the proposed incompetent 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 regain the ability to manage his or her affairs? The incompetent came then go back to Court and ask to be made his or her own guardian again, but first 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 understands the nature of the decisions, and communicate the decisions to others.

A guardian is not required for someone who has a physical disability, but who can manage his or her affairs, and is not needed if a person merely has a problem managing money or property. Disability Law p12

Selected guardianship statutes

3B:12-24. Issue of mental incompetency triable without jury unless jury is demanded In civil actions or proceedings for the determination of mental incompetency or for the appointment of a guardian for an alleged mental incompetent, the trial of the issue of mental incompetency may be had without a jury pursuant to Rules Governing the Courts of the State of New Jersey, unless a trial by jury is demanded by the alleged mental incompetent or someone on his behalf.

3B:12-25. Appointment of guardian other than a testamentary guardian The Superior Court may determine the mental incompetency of an alleged mental incompetent and appoint a guardian for his person, guardian for his estate or a guardian for his person and estate. Letters of guardianship shall be granted to the spouse, if the spouse is living with the incompetent as man and wife at the time the incompetency arose, or to his heirs, or if none of them will accept the letters or it is proven to the court that no appointment from among them will be to the best interest of the incompetent or his estate, then to any other proper person as will accept the same.

3B:12-26. Action against mental incompetent when guardian newly appointed; leave of court required No action shall be brought or maintained against a mental incompetent within 1 month after appointment of a guardian except by leave of the court wherein the action is to be brought or maintained.

3B:12-27. Distribution of mental incompetents property as intestate property If a mental incompetent dies intestate or without any will except one which was executed after commencement of proceedings which ultimately resulted in a judgment of incompetency, and before a judgment has been entered adjudicating a return to competency, his property shall descend and be distributed as in the case of intestacy.

3B:12-28. Return to competency; restoration of estate The Superior Court may adjudicate that the mental incompetent has returned to competency and restore to him his estate if the court is satisfied that he has recovered his sound reason and is fit to govern himself and manage his affairs, or, in the case of a mental incompetent determined to be mentally incompetent by reason of chronic alcoholism, that he has reformed and become habitually sober and has continued so for 1 year next preceding the commencement of the action, and in the case of a mental incompetent determined to be mentally incompetent by reason of chronic use of drugs that he has reformed and has not been a chronic user of drugs for 1 year next preceding the commencement of the action.

Additional information on Elder Law is available on the website KennethVercammen.com

To schedule a consultation regarding Guardianship of Adults, call the Law Office of Kenneth Vercammen, Esq. at (732) 572-0500 (Edison)

Kenneth A. Vercammen is a Middlesex County trial attorney who has published 111articles in national and New Jersey publications on Elder Law and litigation topics. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.

http://njlaws.com/recent_guardian_law_changes.html?id=776&a=

1,000+ Greatest Law and Business Links on the Internet in NJ

Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Deputy Chair of the ABA Criminal Law Committee,GP and will be lecturing at the 2008 ABA Annual Meeting.

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DUI DWI Attorney - If you want to win your case find your lawyer today!

http://njlaws.com/links1.html?id=579&a=

NJ Court Rule 3:6 the Grand Jury, NJ Court Rule 3:6-1 Summoning the Grand Jury in NJ

The Assignment Judge of each county shall order and organize according to law one or more grand juries for the county not exceeding 23 members each to be summoned at such times as the public interest requires. At least one grand jury shall be serving in each county at all times.

Note: Source-R.R. 3:3-1. 3:6-2. Objections to Grand Jury and Grand Jurors

The prosecuting attorney or a defendant, after being held to answer a complaint charging an indictable offense or after indictment, may, in writing, challenge the array of the grand jury which has returned or is expected to return the indictment on the ground that it was not selected, drawn or summoned according to law, and may challenge an individual juror on the ground that the juror is not legally qualified. All such challenges shall be made within 30 days of the service of the complaint or no later than at the arraignment/status conference. For good cause shown, the court may allow the motion to be brought at any time. Such challenges shall be tried by a judge designated by the Assignment Judge. If a defendant has already been indicted, such challenges may be the basis of a motion to dismiss the indictment.

Note: Source-R.R. 3:3-2(a)(b); amended July 13, 1994 to be effective January 1, 1995. 3:6-3. Supervising and Charging the Grand Jury

(a) Potential Bias. When appropriate, the Assignment Judge shall inquire of potential grand jurors about such aspects of their background as may reveal possible bias or interest in a matter to come before the grand jury. The Assignment Judge shall instruct the grand jury that without the Assignment Judge's approval no grand juror shall participate in any matter in which that juror has a bias or a financial, proprietary, or personal interest; and if that juror wishes to participate, the juror shall forthwith so inform the prosecutor. The prosecutor shall forthwith inform the Assignment Judge, who shall determine, in camera, whether such bias or interest exists and whether it justifies excusal. (b) Copy of Charge. When the judge designated by the Assignment Judge charges the grand jury, that judge shall cause a copy of the charge to be promptly furnished to each juror.

Note: Source-R.R. 3:3-3; caption amended paragraph (a) adopted, and former rule captioned and redesignated paragraph (b) June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994. 3:6-4. Foreperson; Deputy Foreperson

The Assignment Judge shall appoint one of the jurors to be foreperson and another to be deputy foreperson. The foreperson shall have power to administer oaths and shall endorse all indictments. During the absence of the foreperson, the deputy foreperson shall act as foreperson.

Note: Source-R.R. 3:3-4; amended July 14, 1992, to be effective September 1, 1992. 3:6-5. Clerk

The clerk of the grand jury shall make and keep minutes of the proceedings of the grand jury as well as a record of the vote of each juror, by name, on each considered matter. If there is no clerk of the grand jury, the foreperson or another juror designated by the foreperson shall keep such a record. The record of the vote on every count of every indictment and on every presentment shall be filed with the clerk of the grand jury. The record shall not be made public except on order of the Assignment Judge.

Note: Source-R.R. 3:3-5. Amended July 14, 1972 to be effective September 5, 1972; amended July 29, 1977 to be effective September 6, 1977; amended July 13, 1994 to be effective September 1, 1994. 3:6-6. Who May Be Present; Record and Transcript

(a) Attendance at Session. No person other than the jurors, the prosecuting attorney, the clerk of the grand jury, the witness under examination, interpreters when needed and, for the purpose of recording the proceedings, a stenographer or operator of a recording device may be present while the grand jury is in session. No person other than the jurors, the clerk, the prosecuting attorney and the stenographer or operator of the recording device may be present while the grand jury is deliberating. The grand jury, however, may request either (1) the prosecuting attorney and the stenographer or operator or (2) the clerk to leave the jury room during its deliberations. (b) Record; Transcript. A stenographic record or sound recording shall be made of all testimony of witnesses, comments by the prosecuting attorney, and colloquy between the prosecuting attorney and witnesses or members of the grand jury, before the grand jury. After an indictment has been returned, at the request of the defendant, a transcript of the grand jury proceedings shall be made. The request shall designate the portion or portions of the proceedings to be transcribed and the person or persons to whom the transcript is to be furnished. A copy of the request for a transcript will be served contemporaneously by the defendant upon the prosecutor, who may move for a protective order pursuant to R. 3:13-3(f). The prosecutor may request a copy of the transcript at any time. (c) Retention of Records. If no request has been made or order entered directing a transcript of the grand jury proceedings to be made within six months after their termination, the stenographic record or sound recording shall be sealed and deposited with the operations division manager's office who shall retain it subject to the directions of the Administrative Director of the Courts.

Note: Source-R.R. 3:3-6(a)(b)(c); paragraphs (a) and (b) amended July 15, 1982 to be effective September 13, 1982; paragraph (b) amended and second paragraph added to paragraph (b) July 13, 1994, new text in paragraph (b) amended December 9, 1994, to be effective January 1, 1995; paragraph (c) amended July 5, 2000 to be effective September 5, 2000. 3:6-7. Secrecy of Proceedings

Except as otherwise provided by R. 3:13-3, the requirement as to secrecy of proceedings of the grand jury shall remain as heretofore, and all persons other than witnesses, permitted by R. 3:6-6 to be present while the grand jury is in session, shall be required to take an oath of secrecy before their admission thereto. Such oath shall also be taken by typists making transcripts of testimony given before the grand jury.

Note: Source-R.R. 3:3-7; amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995. 3:6-8. Finding and Return of Indictment; No Bill

(a) Return; Secrecy. An indictment may be found only upon the concurrence of 12 or more jurors and shall be returned in open court to the Assignment Judge or, in the Assignment Judge's absence, to any Superior Court judge assigned to the Law Division in the county. With the approval of the Assignment Judge, an indictment may be returned to such judge by only the foreman or the deputy foreman rather than with all other members of the grand jury. Such judge may direct that the indictment shall be kept secret until the defendant is in custody or has given bail and in that event it shall be sealed by the clerk, and no person shall disclose its finding except as necessary for the issuance and execution of a warrant or summons. (b) No Bill. If the defendant has been held to answer a complaint and, after submission to the grand jury, no indictment has been found, the foreperson shall forthwith so report in writing to the court, who shall forthwith order the defendant's release unless the defendant's detention is required by other pending proceedings. Notice of the action of the grand jury shall also be mailed by the clerk of the court to the defendant's attorney, a defendant not in custody, and the defendant's sureties if bail has been posted.

Note: Source-R.R. 3:3-8(a)(b); paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994. 3:6-9. Finding and Return of Presentment

(a) Finding. A presentment may be made only upon the concurrence of 12 or more jurors. It may refer to public affairs or conditions, but it may censure a public official only where that public official's association with the deprecated public affairs or conditions is intimately and inescapably a part of them. (b) Return. A presentment shall be returned in open court to the Assignment Judge, who shall be notified in advance thereof by the foreperson so that the judge may arrange to be available in court to receive it. (c) Examination; Reference Back; Striking. Promptly and before the grand jury is discharged, the Assignment Judge shall examine the presentment. If it appears that a crime has been committed for which an indictment may be had, the Assignment Judge shall refer the presentment back to the grand jury with appropriate instructions. If a public official is censured the proof must be conclusive that the existence of the condemned matter is inextricably related to non-criminal failure to discharge that public official's public duty. If it appears that the presentment is false, or is based on partisan motives, or indulges in personalities without basis, or if other good cause appears, the Assignment Judge shall strike the presentment either in full or in part. As an aid in examining the presentment the Assignment Judge may call for and examine the minutes and records of the grand jury, with or without the aid of the foreperson or the prosecuting attorney, to determine if a substantial foundation exists for the public report. If the presentment censures a public official and the Assignment Judge determines not to strike, a copy of the presentment shall forthwith be served upon the public official who may, within 10 days thereafter, move for a hearing, which shall be held in camera. The public official may examine the grand jury minutes fully, under such reasonable supervision as the court deems advisable, and be permitted to introduce additional evidence to expose any deficiency. (d) Filing and Publication. Such portions of the presentment as are not referred back to the grand jury for further action or are not stricken in accordance with paragraph (c) of this rule shall be filed and made public, and the Assignment Judge shall instruct the clerk of the grand jury to send copies thereof to such public bodies or officials as may be concerned with the criticisms and recommendations made therein and to the Administrative Director of the Courts. The presentment or any portion thereof shall not be made public by any person except the Assignment Judge. The Assignment Judge shall withhold publication of the presentment until the expiration of the time for the making of a motion for a hearing by a public official pursuant to R. 3:6-9(c), and if such motion is made, shall withhold publication of the presentment pending the judge's determination. (e) Review. The action taken by the Assignment Judge pursuant to this rule is judicial in nature and is subject to review for abuse of discretion by the State or by any aggrieved person, including any member of the grand jury making the presentment.

Note: Source-R.R. 3:3-9(a)(b)(c)(d)(e); paragraphs (a), (b), (c) and (d) amended July 13, 1994to be effective September 1, 1994. 3:6-10. Discharge; Continuance of Term

(a) Term. A grand jury shall serve until discharged by the Assignment Judge, but not longer than 20 weeks unless the Assignment Judge shall order it continued as hereinafter provided. A grand jury shall not be discharged before the expiration of its term of service except for good cause. The continuance of such grand jury shall not affect the usual drawing, selecting and serving of further grand juries. (b) Order for Continuance. Whenever it appears to the Assignment Judge that the grand jury has not completed its labors, although its ordinary term is about to expire, the Assignment Judge may, if satisfied of the necessity therefor, order that its term be continued. The order shall be made and filed within the session of court for which such grand jury shall have been drawn, and shall provide a continuance for a definite period of time not exceeding 3 calendar months, provided, however, that the Assignment Judge may make a further order, or orders, continuing such grand jury in office for a further term or terms of 3 calendar months each.

Note: Source-R.R. 3:3-10(a)(b)(c); paragraph (b) amended July 13, 1994 to be effective September 1, 1994. 3:6-11. Impanelment and Judicial Supervision of State Grand Jury

(a) Generally. All rules relating to grand juries shall apply to the State Grand Jury except as otherwise specifically provided by statute or rule. (b) Designation of Assignment Judge. The Chief Justice shall designate an Assignment Judge of the Superior Court to impanel and supervise the State Grand Jury or Grand Juries. The Chief Justice may also designate one or more Judges of the Superior Court to assist said Assignment Judge with regard to impanelment and supervision of the State Grand Jury or Grand Juries and to perform such other duties and responsibilities with regard thereto as ordered by the Chief Justice or the designated Assignment Judge.

Note: Adopted July 17, 1975 to be effective September 8, 1975.

http://njlaws.com/summoning_the_grand_jury.html?id=879&a=

Former Governor Jon S. Corzine Had Signed a Law Which Requires New State Residents to Register Their Vehicles in New Jersey

There has been an increase in non NJ drivers moving to New Jersey but failing to timely register their cars in New Jersey or obtain New Jersey licenses.

The new law extends "touring privileges" to nonresidents who have registered their vehicles in their home state, so that a vehicle would not have to be registered in more than one state at a time. In addition, current law specified that a person who was authorized to drive in this State as a nonresident prior to moving to New Jersey retains this right for 60 days after establishing New Jersey residency. These provisions have been interpreted by the New Jersey Motor Vehicle Commission to imply that a new New Jersey resident must register any vehicles he intends to drive on public highways within 60 days of becoming a resident.

This amended law expressly requires new New Jersey residents to register their vehicles within 60 days of becoming a resident of this State. Violations would be punishable by a fine up to $250 for a first offense and up to $500 for a second or subsequent offense. In addition, the vehicle would be impounded for a minimum of 96 hours for third or subsequent offenses. The law also allows impounded vehicles that are not claimed by their owners to be sold at auction, and outlines procedures for such sale. If the identity and address of the owner are known, the proceeds from the sale, less any towing, storage, and other costs, would be forwarded to the owner.

The Legislative committee adopted amendments clarifying that the ability to obtain release of an impounded vehicle is separate from the payment of court fines and fees associated with adjudication, clarifying the disposition of violation monies, requiring that the lienholder, if the lienholder's name and address are known, is to be notified of an impending sale of an impounded vehicle, and making technical changes to the text of the bill.

Under the law, one-half of the fines and penalties imposed and collected for violations would be paid to the chief financial officer of the county and one-half to the chief financial officer of the municipality in which the violation occurred, unless the complaining witness is a State law enforcement officer or other State official in which case the monies would be paid to the State Treasurer.

http://njlaws.com/gov_corzine_new_law_new_resident_register_vehichle_in_nj.html?id=458&a=


Going to Court in NJ

What happens in the typical NJ Municipal Court criminal and Traffic Ticket case in NJ?

After you have retained [paid] the attorney, your attorney will prepare a letter of representation to the court and a demand for discovery to the Prosecutor.

After you have retained [paid] your attorney, call the court, plead not guilty and give the court the name of your attorney and confirm the address they have for you is correct. The date on the initial complaint or ticket is the first appearance date. If you hire and attorney and a letter of rep is sent, you do not need to appear for the first appearance/ arraignment. If you will be taking a vacation or business trip during the next two months, advise the court and provide them with written details of the trip. The court does not accept email. All communications are hard copy via US Mail.

In traffic matters, we highly recommend you contact DMV, now Motor Vehicle Commission, and obtain a driver's license abstract. 888-486-3339 or 609-292-6500. This will help you when we go to court.

The court schedule a hearing date and will mail a computer notice to you and your attorney. Our law office will mail a letter to our clients to remind them of the hearing date.

You are reminded that every time you go to Court or come to our office, you should bring your entire file with all documents and letters you have, plus everything received from our office, the Court, police, or DMV/MVC applicable to your case.

We as your attorney may file certain motions applicable to your case. We will mail you copies.

Police Records/ Discovery

When we receive police reports, we copy and mail to clients. For State Police sometimes this takes 5 weeks. Please read the police records, which are called Discovery from the Prosecutor. Please write down any inaccurate statements or comments and mail them back to me. Please reference the page and paragraph of the inaccurate details. Do not call the office to indicate the inaccurate details. Keep the portions of Discovery that are correct.

If you plead guilty or are found guilty, the judge at the time of sentencing always has several options including but not limited to jail, probation, community service, restitution and substance abuse counseling. Please prepare and mail to my office a list of 15 reasons why the judge should not impose the maximum penalties or fines within 10 days of receiving this letter.

The judge will also review any letters or documents that are submitted to the Court on your behalf. For clients that have multiple prior violations, we recommend very strongly that you obtain letters from relatives or other individuals who know you who would be willing to write to the Court to indicate that there should not be incarceration. These letters should set forth favorable aspects regarding your life and your future. They should point out some of the good traits that you possess. They should also feel free to put any other reasons why the Court should impose the minimum penalties. Bring these letters to the court. These letters are for your benefit and these instructions should be followed.

If the Court is going to suspend your driver's license, you should get a ride to court since the judge will confiscate your license. Most Judges will no longer issue a temporary license to drive home and require you to surrender your license to the court. Obtain alternate ID. If you have any questions, please contact my office.

We recommend to clients that have alcohol or drug charges to obtain Substance Abuse Treatment and attend AA or related meetings. You should keep a detailed record of every event and meeting you attend and try to obtain proof of this attendance. Make two (2) photocopies of this documentation and bring it to court with you to give to the Prosecutor and Judge. As always, be sure to bring your entire file with you any time you come to court

What Happens on Your Day in Court?

It is very important that you arrive in court on the day and time stated on your ticket, summons, subpoena, or court notice. In addition to bringing your file, we recommend that you bring a magazine or some light reading because the courts often take recesses and delays often occur. The court will not permit you to use your cell phone inside the courtroom, even for email. When you arrive, please check in. Hearing times are often delayed. If by chance, I or the attorney in my office handling the hearing is not at the hearing room when you arrive, please do not panic. We will soon arrive to handle the case. We often travel from another court. Do not call the law office if you do not see the attorney right away unless there is an emergency.

Usually we will go to speak directly with the Prosecutor or Court Clerk prior to going into the courtroom. Please sit in the courtroom/hearing room close to the front row until we arrive. Do not wait in the lobby or outside. In municipal court/traffic cases, do not speak with the Prosecutor, wait for your attorney to arrive. Do not leave the court and go home until instructed by our office. If you will have to pay court costs or a fine, bring a checkbook or cash. Most towns and state agencies still do not accept credit cards.

If you arrive late, or if your name is not called, you should notify court personnel immediately.

If the defendant does not appear, the judge will advise all witnesses when they may leave. A warrant will be issued for the defendant who fails to appear, and his/her driving privileges may be suspended.

Source http://www.judiciary.state.nj.us/somerset/questions.htm

All municipal court proceedings are tape recorded. Therefore, it is necessary for everyone in the courtroom to remain quiet until it is their turn to speak. The length of time you will be in court depends on many things. Some cases take longer than others. Please be patient so that the court may give each case the time and attention it deserves.

At the beginning of the court session, the judge will give an opening statement, explaining court procedures, defendants' rights, and penalties. As each case is called, the judge will individually advise each defendant of his/her rights. A case may be postponed to permit the defendant to hire a lawyer. Source http://www.judiciary.state.nj.us/somerset/questions.htm

If the defendant rejects the plea offer by the prosecutor, and all involved parties are present and prepared, the case will proceed to trial at the end of the court session. Once the judge has heard the testimony, he/she will decide if the defendant is guilty, not guilty, or if the case should be dismissed. If the defendant pleads guilty or is found guilty after a trial, the judge will impose a sentence. Source: http://www.judiciary.state.nj.us/somerset/questions.htm

In What Order Are Cases Called?

The order in which cases are called is controlled by the New Jersey Court Rules. Cases are generally called in the following order:

1. Requests for postponements.

2. Arraignments (Advising defendants of rights/penalties).

3. Guilty pleas: Where defendant is represented by an attorney.

4. Where defendant is not represented by an attorney.

5. Not guilty pleas trials: Where defendant is represented by an attorney.

6. Where defendant is not represented by an attorney [these go last]

Who Are the People Involved?

The Complainant: The complainant is the person who signed the complaint (may be a private citizen or police officer). The complainant is a witness for the state and will generally be given an opportunity to speak with the municipal prosecutor about the case. Once a complaint has been filed, it cannot be withdrawn and it generally cannot be dismissed without the consent of the prosecutor.

The Defendant: The defendant is the person formally accused of the violation. The defendant will be informed of the charges, possible penalties, and his/her right to an attorney. The defendant is presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof is always on the state. The prosecutor must prove that the defendant committed each part of the offense charged. The defendant has the right to testify or not testify.

The Victim: If there is a trial, the victim may be called as a witness. If the defendant pleads guilty, no trial is needed but the victim has the right to address the court before the judge decides what sentence to impose.

The Prosecutor: The prosecutor is the lawyer hired by the municipality to represent the State.

The Public Defender: The public defender is the lawyer hired by the municipality to represent those defendants who cannot afford their own attorney.

The Defense Attorney: The Defense Attorney is the lawyer the defendant hires to represent him/her . http://www.judiciary.state.nj.us/somerset/questions.htm

What Is a Plea Agreement?

The New Jersey Supreme Court allows plea agreements to be made within the Municipal Courts except in drunk driving and certain drug related cases. A plea agreement is an agreement between the defendant and the prosecutor about how the case will be resolved. In exchange for a guilty plea, the prosecutor may amend the charge to one that is less serious or that may result in fewer points on one's license. Certain charges may be dismissed or a specific sentence may be recommended.

http://www.judiciary.state.nj.us/somerset/questions.htm If the defendant pleads guilty, the judge will ask questions regarding the offense charged to make sure there is a basis for the guilty plea.

What happens at Trial if you reject the plea offer?

You must have your witnesses present in court on the day of trial. If they will not come to court voluntarily, your attorney can prepare subpoenas to require them to appear in court. Written statements of witnesses are not allowed to be presented --- the person must appear in court.

First, the prosecutor calls each of the state's witnesses and asks them questions. You will have a chance to ask them questions too (to cross-examine them). After the prosecutor has called all of the state's witnesses, you have the opportunity to make a statement under oath (to testify) on your own behalf and to call any witnesses you may have. You have a constitutional right to remain silent --- the decision about whether to testify is yours. If you do testify, the prosecutor can ask you questions and may also ask questions of your witnesses. http://www.judiciary.state.nj.us/somerset/questions.htm

What Are the Possible Penalties?

Fines: The judge must follow the law in deciding the amount of any fine imposed. Sometimes there are minimum penalties and mandatory assessments that must be imposed by law. Fines are generally expected to be paid at the time they are imposed.

The judge may allow the fine to be paid in installments if the judge is satisfied that payment cannot be made in full. You may apply for partial payments by filling out a form. The judge will then make a decision about your payment arrangements. You will sign a court order that will explain the terms of your payments. Failure to comply with this order can result in a warrant for your arrest and/or suspension of your driving privileges.

Jail: The maximum jail term that can be imposed for offenses heard in the municipal court is six months. The sentence is served at the Somerset/Hunterdon/Warren County Jail. The judge may allow a defendant to serve the sentence on weekends. Work release is coordinated through the jail's work release administrator.

Juveniles sentenced to jail by the municipal court in traffic cases serve their sentence at the County's Juvenile Detention Facility.

License Suspension: Many offenses require suspensions for a minimum period. You cannot drive for any reason until the period of suspension ends, you have paid your restoration fee, and have received written notification from the Division of Motor Vehicles that your driving privileges have been restored. If your license has been suspended for failure to appear, pay fines, or comply with a condition of your sentence, it generally will not be restored until your case is completed. Conditional or special work licenses are not allowed in New Jersey.

Community Service: By law, the judge must order community service for certain traffic and shoplifting offenses and may order community service for a criminal conviction. The defendant must work for a municipality or non-profit organization for a certain period of time, without compensation. Failure to perform community service may result in the case being returned to court.

Source http://www.judiciary.state.nj.us/somerset/questions.htm

Other Related Penalties: In addition to penalties imposed by the court for traffic violations, defendants may also receive points on their driving records, auto insurance surcharges, or may be required to pay restoration and administrative fees. Out of state motorists should check with their state's Motor Vehicle Agency regarding the impact of a New Jersey traffic violation on their driving privileges.

What Is a Conditional Discharge?

This procedure allows defendants charged with certain drug offenses to make a Motion for the charges to be held up for a year and to be under court supervision for a period of time determined by the court. The Judge may require the defendant to get drug counseling, have random drug tests, to attend narcotics anonymous meetings, or may place other conditions on probation (this is called supervisory treatment). To be eligible, a defendant must have:

Never received Pre-Trial Intervention or Pre-Trial Diversion in any State or Federal Court

The judge ultimately determines who is eligible for a conditional discharge. If granted a conditional discharge, the defendant must pay mandatory assessments and the judge may suspend his/her driving privileges. If during the period of supervisory treatment no additional offenses have been committed, and there is compliance with all conditions (including satisfying all financial obligations), the defendant will be scheduled for a court hearing at which time the charges will be dismissed. If new offenses have been committed during this period, the defendant may be tried on the original charges and the new offenses. Source http://www.judiciary.state.nj.us/somerset/questions.htm

To Whom Is Bail Returned?

Bail is money required to be deposited with the court to release the defendant and assure the defendant's future appearance in court. Bail can only be returned to the person who posted it. Bail will not be returned until the case is concluded. The bail receipt should be brought to the court to speed the return of bail. It may be possible to have the bail applied to any fines or assessments that may be imposed by the court if the holder of the bail agrees.

Intoxicated Driver Resource Center (IDRC): If convicted of DWI or refusal to take a Alcotest breath machine, the court must order attendance at the Intoxicated Driver Resource Center, where the defendant must satisfy the screening, evaluation, referral, program, and fee requirements. Failure to comply with the IDRC guidelines will result in further court action.

Who Is Entitled to the Public Defender?

A defendant is only entitled to be represented by the public defender when:

The charge presents a risk of the defendant going to jail, losing driving privileges, or receiving a substantial fine.

The court determines that the defendant is indigent [ex- on welfare, permanently disabled, etc] The judge may require the defendant to bring in proof of income or employment (tax returns, pay stubs), and may verify the information.

Kenneth Vercammen & Associates Law Office represents people injured in accidents or charged with criminal offenses. We provide representation throughout New Jersey. Don't give up! Our Law Office can provide experienced attorney representation for most cases. Our website KennethVercammen.com provides information on personal injury and criminal cases.

Criminal, Municipal Court, Traffic 1. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must fill out the Interview Sheet accurately. If you do not provide accurate information to the court and your attorney, you may expose yourself to a higher DMV surcharge assessment. You must also provide details to your attorney on what you told the police. We recommend you contact DMV, now Motor Vehicle Commission, and obtain a driver's license abstract. 888-486-3339 or 609-292-6500. This will help your attorney when you go to court.

2. You must call the Court or Law Office 24 hours before all hearings and court appearances to confirm the case has not been adjourned.

3. You must bring all your original papers and entire file of all documents and letters you have received from the attorney, the Court, insurance companies and the DMV/ MVC connected to your case whenever you come to the law office, to court, or other appearances where both you and your attorney will be present.

When you arrive at Court, please check in. Hearing times are often delayed. If by chance the attorney handling the hearing is not at the hearing room when you arrive, please do not panic. The attorney will soon arrive to handle the case. The attorney often travels from other courts. Please remain in the courtroom/hearing room until the attorney arrives, if possible. Usually the attorney will go to speak directly with the Prosecutor or Court Clerk prior to going into the courtroom. In municipal court/traffic cases, we recommend our clients not speak with the Prosecutor but rather wait for your attorney to arrive. If you will have to pay court costs or a fine, bring a checkbook or cash. Most towns and state agencies still do not accept credit cards. Do not leave the court and go home until instructed by Mr. Vercammen or a member of our staff.

4. You must notify your attorney and the court immediately if your address or phone numbers change.

5. Under the NJ Rules of Professional Conduct and Court Rules, the attorney cannot send a letter of representation to the court until the Retainer is paid in full. All fees and requirements under this written retainer agreement and any other written documents must be complied with. You must also pay all legal bills. If you do not comply with these requirements, the Law Firm will not represent you. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Office always charges a fee of between $50 - $100 for bad checks.

6. The attorney does not usually adjourn hearing dates once the Court sets the hearing date by computer notice. If the client wants a new date, they should call the Court directly. The law office charges an additional $75.00 to cancel Court dates and reschedule once the court date is set.

7. The Law Firm agrees to provide conscientious, competent and diligent services and at all times will seek to achieve solutions which are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, attorneys cannot and do not warrant, predict or guarantee results or the final outcome of any case. Your payment of the legal fee indicates you have read and agree to this Agreement. This is a non-refundable retainer/representation fee, pursuant to Superior Court decisions and New Jersey RPC.

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings, and contested administrative law hearings.

Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis. He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey.

He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Berkeley Heights, Carteret, East Brunswick, Jamesburg, South Brunswick, South River and South Plainfield for conflict cases. Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success.

Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office. He represented indigent individuals facing consequences of magnitude. He was in Court trying cases and making motions in difficult criminal and DWI matters. Every case he personally handled and prepared.

His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients.

Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Department as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

http://njlaws.com/going_to_court.html?id=457&a=

Friday, December 27, 2019

Gay and Lesbians - Living Will in NJ

Compiled by Kenneth VercammenGay & Lesbian clients- additional items to discuss at estate planning interview In the absence of a Will or other legal arrangement to distribute property at death, an unmarried partner cannot receive any assets and cannot administer the estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than straight persons. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with for years or decades. Moreover, without a Power of Attorney, they cannot assist a partner who becomes disabled. If there is not a Living Will, marriage or civil unions, many hospitals deny admittance if someone is not a next of kin. The parent of the hospitalized partner may try to ask the hospital to bar the other partner from visiting. We recommend preparation of Wills, Living Wills and Powers of Attorney.In the absence of a Living Will or other legal arrangement if you become disabled, your partner generally has no say regarding medical care or life support. Your partner cannot access your assets. Your partner cannot receive information on your medical status or medical care. Advance directives are very personal documents and you should feel free to develop one which best suits your own needs. All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment. If you have a Living Will, you can designate your partner as a decision maker.WHY LIVING WILLS Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn. States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as Living Wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.PURPOSE OF LIVING WILLS In order to assure respect for patients previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients interests both in self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.REQUIREMENTS OF STATUTE The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law. It must be either signed and dated in front of an attorney at law or other person authorized to administer oaths, or in the presence of two subscribing adult witnesses. If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence. A designated health care representative shall not act as a witness to the execution of the advance directive. Since this is a legal document, it must be executed properly to be valid under the statute.HEALTH CARE REPRESENTATIVE The declarant must designate one or more alternative health care representatives. Health care representative means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.WHEN DOES THE ADVANCE DIRECTIVE BECOME OPERATIVE An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision. Treatment decisions pursuant to an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physicians opinion concerning the nature, cause, extent, and probable duration of the patients incapacity, and shall be made a part of the patients medical records. For additional information or to have a Living Will prepared, see your attorney. In addition, be certain your Last Will and testament is up to date.As Americans, we take it for granted that we are entitled to make decisions about our own health care. Most of the time we make these decisions after talking with our own physician about the advantages and disadvantages of various treatment options. The right of a competent individual to accept or refuse medical treatment is a fundamental right now fully protected by law.But what happens if serious illness, injury or permanent loss of mental capacity makes us incapable of talking to a doctor and deciding what medical treatments we do or do not want? These situations pose difficult questions to all of us as patients, family members, friends and health care professionals. Who makes these decisions if we cant make them for ourselves? If we cant make our preferences known how can we make sure that our wishes will be respected? If disagreements arise among those caring for us about different treatment alternatives how will they be resolved? Is there a way to alleviate the burdens shouldered by family members and loved ones when critical medical decisions must be made Living Will: By using documents known as advance directives for health care, you can answer some of these questions and give yourself the security of knowing that you can continue to have a say in your own treatment. A properly prepared Living Will permits you to plan ahead so you can both make your wishes known, and select someone who will see to it that your wishes are followed.After all, if you are seriously ill or injured and cant make decisions for yourself someone will have to decide about your medical care. Doesnt it make sense to Have your partner or another person you trust make decisions for you, Provide instructions about the treatment you do and do not want, or Both appoint a person to make decisions and provide them with instructions.A Few DefinitionsThroughout this booklet there are four phrases. Each of these phrases has a special meaning when it comes to allowing you to make decisions about your future health care.Advance directive- If you want your wishes to guide those responsible for your care you have to plan for what you want in advance. Generally such planning is more likely to be effective if its done in writing. So, by an advance directive we mean any written directions you prepare in advance to say what kind of medical care you want in the event you become unable to make decisions for yourself.1. Proxy directives - One way to have a say in your future medical care is to designate a person (a proxy) you trust and give that person the legal authority to decide for you if you are unable to make decisions for yourself. Your chosen proxy (known as a health care representative) serves as your substitute, standing in for you in discussions with your physician and others responsible for your care. So, by a proxy directive we mean written directions that name a proxy to act for you. Another term some people use for a proxy directive is a durable power of attorney for health care.2. Instruction directives - Another way to have a say in your future medical care is to provide those responsible for your care with a statement of your medical treatment preferences. By instruction directive we mean written directions that spell out in advance what medical treatments you wish to accept or refuse and the circumstances in which you want your wishes implemented. These instructions then serve as a guide to those responsible for your care. Another term some people use for an instruction directive is a living will.3. Combined directives - A third way combines features of both the proxy and the instruction directive. You may prefer to give both written instructions, and to designate a health care representative or proxy to see that your instructions are carried out.Questions and Answers1. Why should I consider writing an advance directive/ living will? Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you cant make decisions yourself. A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by your partner, family members, friends and health care providers.2. When does my advance directive take effect? Your directive takes effect when you no longer have the ability to make decisions about your health care. This judgment is normally made by your attending physician, and any additional physicians who may be required by law to examine you. If there is any doubt about your ability to make such decisions, your doctor will consult with another doctor with training and experience in this area Together they will decide if you are unable to make your own health care decisions.3. What happens if I regain the ability to make my own decisions? If you regain your ability to make decisions, then you resume making your own decisions directly. Your directive is in effect only as long as you are unable to make your own decisions.4. Are there particular treatments I should specifically mention in my directive? It is a good idea to indicate your specific preferences concerning two specific kinds of life sustaining measures:1. Artificially provided fluids and nutrition; and2. Cardiopulmonary resuscitation.Stating your preferences clearly concerning these two treatments will be of considerable help in avoiding uncertainty, disagreements or confusion about your wishes. The enclosed forms provide a space for you to state specific directions concerning your wishes with respect to these two forms of treatment.Fluids and Nutrition. I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion (initial one)1. ______ shall be withheld or withdrawn as Life Sustaining Treatment.2. ______ shall be provided to the extent medically appropriate even if other Life Sustaining Treatment is withheld or withdrawn.Directive as to Medical Treatment. I request that Life Sustaining Treatment be withheld or withdrawn from me in each of the following circumstances: (Initial all that apply)1. ______ If the life sustaining treatment is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process; 2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment); 3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or 4. ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention. 5. ______ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition.5. What is the advantage of having a health care representative, isnt it enough to have an instruction directive? Your doctor and other health care professionals are legally obligated to consider your expressed wishes as stated in your instruction directive or living will. However, instances may occur in which medical circumstances arise or treatments are proposed that you may not have thought about when you wrote your directive. If this happens your health care representative has the authority to participate in discussions with your health care providers and to make treatment decisions for you in accordance with what he or she knows of your wishes. Your health care representative will also be able to make decisions as your medical condition changes, in accordance with your wishes and best interests.6. If I decide to appoint a health care representative, who should I trust with this task? The person you choose to be your health care representative has the legal right to accept or refuse medical treatment (including life-sustaining measures) on your behalf and to assure that your wishes concerning your medical treatment are carried out. You should choose your partner or another person who knows you well, and who is familiar with your feelings about different types of medical treatment and the conditions under which you would choose to accept or refuse either a specific treatment or all treatment.A health care representative must understand that his or her responsibility is to implement your wishes even if your representative or others might disagree with them. So it is important to select someone in whose judgment you have confidence. People that you might consider asking to be your health care representative include: your partner, a member of your family or a very close friend.7. Should I discuss my wishes with my health care representative and others? Absolutely! Your health care representative is the person who speaks for you when you cant speak for yourself. It is very important that he or she has a clear sense of your feelings, attitudes and health care preferences. You should also discuss your wishes with your physician, family members and others who will be involved in caring for you.8. Does my health care representative have the authority to make all health care decisions for me? It is up to you to say what your health care representative can and cannot decide. You may wish to give him or her broad authority to make all treatment decisions including decisions to forego life-sustaining measures. On the other hand, you may wish to restrict the authority to specific treatments or circumstances. Your representative has to respect these limitations.9. Is my doctor obligated to talk to my health care representative? Yes. Your health care representative has the legal authority to make medical decisions on your behalf, in consultation with your doctor. Your doctor is legally obligated to consult with your chosen representative and to respect his or her decision as if it were your decision. In the absence of a Living Will or other written authorization The Federal Health Information Privacy and Protection Act (HIPAA) prevents a physician from discussing confidential medical information with your partner.10. Is my health care representative the only person who can speak for me, or can other friends or family members participate in making treatment decisions? It is generally a good idea for your health care representative to consult with family members or others in making decisions, and if you wish you can direct that he or she do so. It should be understood by everyone, however, that your health care representative is the only person with the legal authority to make decisions about your health care even if others disagree.11. Can I request all measures be taken to sustain my life? Yes. You should make this choice clear in your advance directive. Remember, a directive can be used to request medical treatments as well as to refuse unwanted ones.12. Does my doctor have to carry out my wishes as stated in my instruction directive? If your treatment preferences are clear your doctor is legally obligated to implement your wishes. unless doing this would violate his or her conscience or accepted medical practice. If your doctor is unwilling to honor your wishes he or she must assist in transferring you to the care of another doctor.13. Can I make changes in my directive? Yes. An advance directive can be updated or modified in whole or in part, at any time, by a legally competent individual. You should update your directive whenever you feel it no longer accurately reflects your wishes. It is a good idea to review your directive on a regular basis, perhaps every 5 years. Each time you review the directive, indicate the date on the form itself and have someone witness the changes you make. If you make a lot of changes, you may want to write a new directive. Remember to notify all those important to you of any changes you make.14. Can I revoke my directive at any time? Yes. You can revoke your directive at any time, regardless of your physical or mental condition. This can be done in writing, orally, or by any action which indicates that you no longer want the directive to be in effect.15. Who should have copies of my advance directive? A copy should be given to the person that you have named as your health care representative, as well as to your family, your doctor, and others who are important to you. If you enter a hospital, nursing home, or hospice, a copy of your advance directive should be provided so that it can be made part of your medical records. The back cover of this brochure contains a wallet size card you can complete and carry with you to tell others that you have an advance directive.16. Can I use my advance directive to make an organ donation upon my death? Yes. You may state your wishes regarding organ donation. Also you may want to place an organ donor card in your wallet to alert medical personnel. Any card will do. If you decide to make a gift of your organs upon your death please complete the card and carry it with you at all times. For further information regarding organ donation you should contact either an organ procurement agency or your local hospital.3. Terms You Should Understand1. Artificially provided fluids and nutrition: The provision of food and water to seriously ill patients who are unable or unwilling to eat. Depending on the method used, such as insertion of a feeding tube or an intravenous line, and the condition of the patient, techniques may involve minor surgery, continuous supervision by medical (and sometimes surgical) personnel, risk of injury or infection, and side effects.2. Cardiopulmonary Resuscitation (CPR): A treatment administered by health care professionals when a persons heartbeat and breathing stops. CPR may restore functioning if administered properly and in a timely fashion and may include the use of mechanical devices and/or drugs.3. Life-sustaining measures: Any medical procedure, device, artificially provided fluids and nutrition, drugs, surgery, or therapy that uses mechanical or other artificial means to sustain, restore or supplant a vital bodily function. thereby prolonging the life of a patient.4. Decision making capacity: A patients ability to understand the benefits and risks of a proposed medical treatment and its alternatives and to reach an informed decision.5. Health care representative or health care proxy: In the event an individual loses decision making capacity, a health care representative or proxy is a person who has been legally designated to make decisions on his or her behalf. A health care representative is appointed through the execution of a proxy directive (a durable power of attorney for health care).6. Terminal condition : The terminal stage of an irreversibly fatal illness, disease, or condition. While determination of a specific life expectancy is not required for a diagnosis of a terminal condition a prognosis of a life expectancy of one year or less, with or without the provision of life-sustaining treatment, is generally considered terminal.7. Permanent unconsciousness: A medical condition defined as total and irreversible loss of consciousness. The term permanently unconscious includes the conditions persistent vegetative state and irreversible coma Patients in this condition cannot interact with their surroundings or others in any way and do not experience pleasure or pain.8. Persistent vegetative state: A condition of permanent unconsciousness in which the patient loses all capacity for interaction with their environment or other people. It is usually caused by an injury to the brain. It is normally not regarded as a terminal condition and with the aid of medical care and artificial fluids and nutrition patients can survive for many years.9. Incurable and irreversible chronic diseases: Disabling diseases such as Alzheimers disease, organic brain syndrome or other diseases which get progressively worse over time, eventually resulting in death. Depending on the disease, the patient may also experience partial or complete loss of physical and mental abilities. Because the rate at which these diseases advance may be slow, such diseases are not considered terminal in their early stages.10. Whole brain death: Death due to total and irreversible loss of all functions of the entire brain, including the brain stem. The criteria of whole brain death must be used to accurately determine death in individuals who have suffered massive or total brain damage but whose heart and lungs are kept functioning by machines. Brain dead individuals are not vegetative or in a coma. but are, in fact, dead.11. Attending physician : The doctor directly responsible for your medical treatment. He or she may or may not be your regular family physician. Depending on your health care needs the attending physician may consult with others in order to diagnose and treat your medical condition, but he or she remains directly responsible for your care.About Kenneth Vercammen Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges. In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, matrimonial hearings and contested administrative law hearings. Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.KennethVercammen.com




Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
 
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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year