Traffic Offense

TRAFFIC VIOLATIONS 4 POINTS OR LESS-   WE GO TO COURT TO TRY TO NEGOTIATE FOR   NEW "NO POINT" TICKET

 Our office helps people with traffic/ municipal court tickets.  We provide representation on  most Central New Jersey traffic cases.  Motor vehicle violations and criminal charges can cost you.  If you plead guilty by mail or in court for almost all traffic tickets, you will have to pay fines in court and will later receive points on your drivers license.  Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.

         Under the New Jersey Court Rules, a New Jersey  Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended.  Don't give up!   We can appear in court for you on most Central New Jersey   traffic violations.

 The following are the types of tickets we have handled to request the new no point ticket. Our attorneys can appear on your behalf without you having to go to court on the following matters:

VIOLATION	POINTS
39:4-66.2   Driving on private property to avoid traffic signal or stop sign	2
39:4-71       Improper driving on sidewalk	2
39:4-81       Failure to observe traffic signal	2
39:4-82       Failure to keep right	2
39:4-83       Failure to keep right at intersection	2
39:4-84       Failure to pass right of vehicle proceeding in opposite direction	5
39:4-85       Improper passing on right or off roadway  or shoulder	4
39:4-85.1   Wrong way on one-way street	2
39:4-86       Improper passing, in "No Passing" zone	4
39:4-87       Failure to yield to overtake vehicle	2
39:4-88       Failure to observe traffic lanes	2
39:4-89       Tailgating	5
39:4-96       Reckless driving	5
39:4-97       Careless driving	2
39:4-98       Speeding up to 14 mph above limit	2
39:4-99       Speeding 15-29 mph above limit	4
39:4-99       Speeding 30 mph or more above limit	5
39:4-105     Failure to stop at traffic light	2
39:4-115     Improper turn at traffic light	3
39:4-123     Improper right or left turn	3
39:4-124     Improper turn: from approved turning course	3
39:4-125     Improper u-turn	3
39:4-126     Failure to give proper signal	2
39:4-127     Improper backing or turn in street	2
39:4-128.1  Improper passing of school bus	5
39:4-128.4  Improper passing of frozen dessert truck	4
39:4-129     Leaving scene of accident - No injuries	2
39:4-144     Failure to observe stop or yield signs	2

  Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters.  Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author "Municipal Court Winning Strategies."

The new no point statute reads as follows: Driving, operating a motor vehicle in an unsafe manner, offense created; fines. Law   L.2000, c.75, s.1.

     1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

     b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

     c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

     d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5). THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

     e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.    L.2000,  c.75, s.1.

     The Law Office of Kenneth Vercammen and Associates will provide all potential clients with : 1. Our Written Agreement to Provide Municipal Court Legal Services  2.  Municipal Court Information Sheet

  We request all potential clients fill out the Municipal Court Information Sheet. You also need to bring in, or fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Visa, Master Charge or American Express over the phone and by fax. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation to the Court, Prosecutor and you. We  recommend our clients meet with us once prior to the court date.

   Representation/ What We will do for you.  We will review and research necessary statutes and caselaw,  contact the prosecutor, prepare defenses and determine mitigating factors.

1. Telephone consultation with client;
2. Office consultation with client, if requested;
3. Offer sound legal advice to client, plus access to our legal info website KennethVercammen.com
4. Preparation of letter of representation to Municipal Court;
5. Preparation of letter of representation to Municipal Court Prosecutor;
6. Preparation of statement to provide legal services;
7. Copies of all correspondence to Court and Prosecutor to client;
8. Opening of file. If client comes to our office, they may have a free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure;
9. Review of necessary statutes and case law;
10. Draft Defense by Affidavit
11. Determine defense and mitigating factors;
12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;
13. Review documents supplied by client and court;
14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.
16. Preparation of End of Case Letter and client questionnaire.
17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury
18. Free subscription to monthly e-mail newsletter. Provide your email address.
19. Follow up telephone advice [If you call, provide the specific questions with the message].
20. Invitation to client socials/ seminars and Community events via email.
21. Hold and maintain file for seven years in storage as free client service.

    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 additional work or any of the following:  (a)  Provide any legal services after the decision of the trial court;  (b) Appeal any decisions of the trial court or make additional appearances    after appearing in Court;  (c)  provide other legal services or advice not set forth above; or  (d)  Represent you in any other court or Tribunal

     Your Responsibility- Please read carefully and follow instructions to help us help you

1. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. This includes providing details on what you told the police and court.
2 You must notify the court and the law office immediately if your address or phone numbers change.
3 Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid. All fees and requirements under this written retainer agreement and any other written documents must be complied with. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Firm will also withdraw at your request. You must advise our office and the Court in writing.
4. Pay your fines immediately.

5. If you call, you must provide your questions to our receptionist. 

Traffic and Criminal Cases

1. Auto Exception to Search Applicable only if Exigent Circumstances State v. Santiago ___ NJ Super. ___ (App. Div. 1999). A-896-97T2 decided March 30, 1999. The "automobile exception" justifies a police search of an automobile without a warrant only if there are exigent circumstances that render it "impracticable" to first obtain a warrant. When police have possession of a parcel and have it turned over to defendant by a "controlled delivery," police cannot later search defendant's automobile and the parcel without a warrant, since it was not impracticable to have first obtained a search warrant, and whatever "exigency" may have existed was created by the police themselves. 2. Police cannot Search for Driver Identification in Minor Motor Vehicle Stop State v. Lark ___ NJ Super. ___ (App. Div. 1999). A-3388-97T4 decided March 30, 1999. Under the federal and state constitutions, following a motor vehicle stop for a minor traffic violation, a police officer may not enter the vehicle to search for proof of the driver's identity even though the driver has failed to produce his driver's license and may have lied about his identity. The officers lacked probable cause to believe a crime had been committed. The dictum in State v. Boykins, 50 N.J. 73 (1967), does not authorize the search. 3. Spouse has no Financial Responsibility for other Spouse's Surcharges Clark v. Clark 324 NJ Super. 587 (Ch. Div. 1999). Motor vehicle insurance surcharges authorized by N.J.S.A. 17:29A-35b(2) and assessed against a spouse before the filing of a divorce complaint were non-marital debts for which the non-assessed spouse bore no financial liability. [Source NJ Lawyer Sept. 20, 1999] 4. Police Questioning at Hospital not Custodial Interrogation State v. Choinacki 324 NJ Super. 19 (App. Div. 1999). Where defendant was not physically detained at the hospital or subjected to continuous police supervision for a substantial period of time prior to giving her statements, the questioning of defendant both in the emergency room and the intensive care unit did not constitute custodial interrogation, and her statements were properly admitted despite the absence of Miranda warnings. [Source NJ Law Journal July 17, 1999] 5. Drug Bags from motel brought to Police Station Suppressed State v. Padilla 321 NJ Super. 96 (App. Div. 1999). Where bags containing the defendants' personal property were brought to police headquarters from the defendants' motel room after the defendants were arrested, the police had to give each defendant the opportunity to consent to a police inventory search or to make an alternative disposition of the property. [Source NJ Lawyer May 17, 1999] 6. No Brady Violation where Prosecutor Failure to Supply Facts where Evidence Supports Conviction Anyway Strickler v. Greene ___ US ___ (1999). No. 98-5864 decided June 17, 1999. There was no Brady violation in the prosecutor's failure to disclose materials in police files that cast serious doubt on significant portions of an eyewitness' testimony, where evidence of records strongly supports conclusion that petitioner would have been convicted of capital murder and sentenced to death even if that witness had been severely impeached or her testimony excluded entirely. [Source NJ Law Journal June 28, 1999] 7. Marijuana observed by police in house for sale admissible State v. Ferrari 323 NJ Super. 54 (App. Div. 1999). The Law Division erred by suppressing marijuana initially observed in the defendant's condominium by police officers posing as potential purchasers of the condominium; the officers did not violate the defendant's reasonable expectation of privacy. [Source NJ Lawyer July 19, 1999] 8. Request for Credentials is a Stop State v. Egan ___ NJ Super. ___ (Law Div. 1999). Appeal No. 0107-98 decided July 2, 1999. Unsupported by probable cause or reasonable suspicion, a police officer's request of credentials from the driver of a parked vehicle constituted a "stop"; was more than minimally necessary to dispel the officer's naked suspicion; and not justifiable as a "field inquiry."  The fruits of the stop are, therefore, suppressed. 9. Resident Only Parking Ordinance not Invalid State v. Marain 322 NJ Super. 444 (App. Div. 1999). A resident-only parking ordinance is not invalid as a violation of the provision of N.J.S.A. 39:3-42, which confers exclusive authority on the State to license or permit use or operation of motor vehicles. 10. Gang Ordinance Unconstitutional City of Chicago v. Morales ___ US ___ (1999). No. 97-1235 decided June 10, 1999. Where police can order a group of people to disperse if they suspect one of them is a gang member, this city ordinance violates the U.S. Constitution. [Source Lawyers Weekly USA No. 9915901] 11. Warrantless Search Conducted 13 Hours after tip does not Violate Fourth Amendment Maryland v. Dyson ___ US ___ (1999). No. 98-1062 decided June 21, 1999. Where police conducted a warrantless search of a car 13 hours after receiving a tip that it would be used to transport cocaine that evening, this didn't violate the Fourth Amendment. [Source Lawyers Weekly USA No. 9915949] 12. Use of Co-Defendants' Confession without Testimony is Violation of Sixth Amendment Lilly v. Virginia ___ US ___ (1999). No. 98-5881 decided June 10, 1999. Where an accomplice's confession was used as evidence against a defendant even though the accomplice refused to testify, this violated the defendant's Sixth Amendment right to confront witnesses. [Source Lawyers Weekly USA No. 9915903] 13. No Additional Suspension Where Substantial Hardship DMV v. Henry 01-MVH-0402 (OAL). Under the circumstances where respondent's motor vehicle record has been free of significant violations for a substantial period of time, where suspension of his privileges will work some hardship, and where  there is evidence that he, at least of late, recognizes that driving privileges come with concomitant obligations, the ALJ orders that, in lieu of the Division's proposed maximum 180-day suspension of a respondent's driving privileges for operating a motor vehicle while his license was already suspended in violation of N.J.S.A. 39:3-40, he be issued a warning instead. [Initial decision dated March 16, 1999.]  [Source NJ Law Journal June 28, 1999]

Tort Claims Affecting Personal Injury against Municipalities

compiled by Ken Vercammen, Esq.

Tort Claims notice needed vs. UMDNJ Lowe v. Zarghami, M.D. ____ NJ _______(1999) (A-182-87, decided June 7, 1999).

UMDNJ faculty members practicing in affiliated hospitals are public employees to whom the notice provisions of the Tort Claims Act apply. The injured party in this case has presented extraordinary circumstances that justify permitting her to file a late notice of claim.

Substantial disfigurement needed for Tort Claims Hammer v. Livingston Twp. ____ NJ Super. ___ (App. Div. 1999) Appellate Division, A-3593-97T1, February 18, 1999

A Tort Claim Act plaintiff who alleges a permanent disfigurement must show that she has a substantial disfigurement that meets the standard of Falcone and Puso.

Trial de novo must be served within 30 days, Richard and Janet Jones v. First National Supermarkets, Inc. ____ NJ Super. ___ (A-3455-98T5, decided March 13, 2000)

Demand for a trial de novo must be served on all other parties within 30 days in the absence of extraordinary circumstances. The trial court properly confirmed the arbitration award where defendant's attorney did not mail demand to plaintiff's attorney until 34 days after the award, although demand had been filed with the civil division manager within the 30-day period.

Associate Editor: Allison Fihma, University of Vermont 

Theft of Services 2C:20-8

a.  A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service.  "Services" include labor or professional service; transportation, telephone, telecommunications, electric, water, gas, cable television, or other public service; accommodation in hotels, restaurants or elsewhere; entertainment; admission to exhibitions; use of vehicles or other movable property.  Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.     b.  A person commits theft if, having control over the disposition of services of another, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.    c.  Any person who, without permission and for the purpose of obtaining electric current, gas or water with intent to defraud any vendor of electricity, gas or water or a person who is furnished by a vendor with electric current, gas or water:    (1)  Connects or causes to be connected by wire or any other device with the wires, cables or conductors of any such vendor or any other person; or    (2)  Connects or disconnects the meters, pipes or conduits of such vendor or any other person or in any other manner tampers or interferes with such meters, pipes or conduits, or connects with such meters, pipes or conduits by pipes, conduits or other instruments--is guilty of a disorderly persons offense.     The existence of any of the conditions with reference to meters, pipes, conduits or attachments, described in this subsection, is presumptive evidence that the person to whom gas, electricity or water is at the time being furnished by or through such meters, pipes, conduits or attachments has, with intent to defraud, created or caused to be created with reference to such meters, pipes, conduits or attachments, the condition so existing; provided, however, that the presumption shall not apply to any person so furnished with gas, electricity or water for less than 31 days or until there has been at least one meter reading.     A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.    d.  Any person who, without permission or authority, connects or causes to be connected by wires or other devices, any meter erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer by any vendor of electricity within this State, or changes or shunts the wiring leading to or from any such meter, or by any device, appliance or means whatsoever tampers with any such meter so that the meter will not measure or record the full amount of electric current supplied to such customer, is guilty of a disorderly persons offense.     The existence of any of the conditions with reference to meters or attachments described in this subsection is presumptive evidence that the person to whom electricity is at the time being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that the presumption shall not apply to any person so furnished with electricity for less than 31 days or until there has been at least one meter reading.     A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.    e.  Any person who, with intent to obtain cable television service without payment, in whole or in part, of the lawful charges therefor, or with intent to deprive another of the lawful receipt of such service, damages, cuts, tampers with, installs, taps or makes any connection with, or who displaces, removes, injures or destroys any wire, cable, conduit, apparatus or equipment of a cable television company operating a CATV system; or who, without authority of a cable television company, intentionally prevents, obstructs or delays, by any means or contrivance, the sending, transmission, conveyance, distribution or receipt of programming material carried by equipment of the cable television company operating a CATV system, is a disorderly person.     The existence of any of the conditions with reference to wires, cables, conduits, apparatus or equipment described in this subsection is presumptive evidence that the person to whom cable television service is at the time being furnished has, with intent to obtain cable television service without authorization or compensation or to otherwise defraud, created or caused to be created the condition so existing.     f.  Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes or installs any equipment, device or instrument designed or intended to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment of the charges therefor to the provider, in whole or in part, is a disorderly person.     Any communications paraphernalia prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S.2C:64-1 et seq.     g.  Any person who purposely or knowingly maintains or possesses any equipment, device or instrument of the type described in subsection f. of this section or maintains or possesses any equipment, device or instrument actually used to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment, in whole or in part, of the charges therefor to the provider, is a disorderly person.     Any communications paraphernalia prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S.2C:64-1 et seq.     h.  Any person who, with the intent of depriving a telephone company of its lawful charges therefor, purposely or knowingly makes use of any telecommunications service by means of the unauthorized use of any electronic or mechanical device or connection, or by the unauthorized use of billing information,  or by the use of a computer, computer equipment or computer software, or by the use of misidentifying or misleading information given to a representative of the telephone company is guilty of a crime of the third degree.     The existence of any of the conditions with reference to electronic or mechanical devices, computers, computer equipment or computer software described in this subsection is presumptive evidence that the person to whom telecommunications service is at the time being furnished has, with intent to obtain telecommunications service without authorization or compensation or to otherwise defraud, created or caused to be created the condition so existing.     i.  Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes, installs, or otherwise provides any service, equipment, device, computer, computer equipment, computer software or instrument designed or intended to facilitate the receipt of any telecommunications service and avoid the lawful payment of the charges therefor to the provider, in whole or in part, is guilty of a crime of the third degree.     Any communications paraphernalia, computer, computer equipment  or computer software  prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S.2C:64-1 et seq.     j.  Any person who purposely or knowingly maintains or possesses any equipment, device, computer, computer equipment, computer software or instrument of the type described in subsection i. of this section, or maintains or possesses any equipment, device, computer, computer equipment, computer software or instrument actually used to facilitate the receipt of any telecommunications service with intent to obtain such service  and avoid the lawful payment, in whole or in part, of the charges therefor to the provider, is guilty of a crime of the third degree.     Any communications paraphernalia, computer, computer equipment or computer software  prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S.2C:64-1 et seq.     k.  In addition to any other disposition authorized by law, and notwithstanding the provisions of N.J.S.2C:43-3, every person who violates this section shall be sentenced to make restitution to the vendor and to pay a minimum fine of $500.00 for each offense.  In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees.     l.  The presumptions of evidence applicable to offenses defined in subsections c., d., e. and h. of this section shall also apply in any prosecution for theft of services brought pursuant to the provisions of subsection a. or b. of this section.      L.1978, c.95; amended 1983, c.15, s.1; 1985, c.10; 1989, c.112; 1997, c.6, s.4.

Testifying in a Criminal Case

Courts, Police and Prosecutors have an increased commitment to addressing the needs of witnesses. As a witness, their assistance is important to our system of criminal justice. As a witness, they find you in the same situation, as do many others, you may be unfamiliar with court procedures and have fears and uncertainties about what is expected or required of witnesses. This article, compiled from suggestions of prosecutors offices, provides a brief explanation of what to expect on the witness stand.

COURTROOM PROCEEDINGS:

One of the fundamental rules in a criminal case is that both the prosecution and defense have an opportunity to question the witness. There are specific rules of evidence which must be followed by the court. At times, these rules may seem unnecessary or frustrating but they are directed toward one goal- to determine the truth in the case. Some guidelines for you to remember:

GUIDELINES FOR WITNESSES IN CRIMINAL TRIALS

1. Prior to testifying, try to prepare yourself by recalling the incident in your mind, but do not memorize your testimony.

2. You are sworn to tell the truth. Tell it by answering accurately about what you know.

3. Listen carefully to the questions asked and think before speaking. If you do not understand the question, ask that it be repeated or explained. Do not look for assistance from the policeman or prosecutor when you are on the stand. If you need help, ask the Judge.

4. Speak clearly and loudly.

5. Answer only the question asked, directly and simply. Do not volunteer information.

6. Do not guess or speculate. If you do not know the answer, be sure to say so. If you give an estimate, make sure everyone understands you are estimating.

7. Do not answer if there is an objection.

8. Do not lose your temper. Upon cross-examination, remain calm and composed.

9. Always be courteous, even if the attorney questioning you appears to be discourteous. Being polite makes a good impression on the court and jury. Do not try to be smart or evasive.

10. Be serious in and around the courtroom. Avoid joking.

11. Neat appearance and proper dress are important.

12. If the question is about distance or time and your answer is only an estimate, be sure to say that it is only an estimate.

13. Leave the stand with confidence, knowing that you have presented the truth to the best of your ability.

Fears/Threats

If you have any fears about your involvement in your case, contact your own towns local police department. On extremely rare occasions, you may receive a threat. If you are threatened, immediately contact your law enforcement agency to get immediate assistance.

 

ON BEING A WITNESS:

No crime can be solved without the help of witnesses. It is your duty as a witness to give your testimony when needed. While it may not always be convenient for you to come to court to testify, please keep in mind that some day you may be a victim and your own case may depend on the willingness of a witness to come forward and tell what he/she knows.

As your case is being prepared for trial, it may be necessary for the attorney who sent you subpoenas to contact you. It is important to keep them informed of your current address and telephone number. If you move, be sure to let them know.

SUBPOENA

A Subpoena is a Court Order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person. When you receive a subpoena to appear in court, you are required by law to attend. Be sure to bring the subpoena to court.

WHERE DO I GO?

You will find that most subpoenas will request that you report to the Court on the date set for your appearance as a witness. This is to allow the Attorney who sent you the subpoenas an opportunity to discuss the case with you prior to your actually taking the witness stand.

GET COMFORTABLE

Get a good nights rest. Dress conservatively. Your normal business attire is probably about right. Be early. Give yourself a few minutes to experience the room in which you are about to testify. It is going to be a strange environment for you, so walk around. Get used to the lighting, the acoustics, and the distance your voice might have to travel.

JUST THE FACTS

Leave your impressions from film, television and other folklore at home. In the real world, the attorney seeking your testimony wants from you but one thing; the facts. What you saw. What you said. What you did.

In limited circumstances, what you heard. Unless you are asked to do so, do not draw conclusions. Unless you were called as an expert witness, keep your opinions for another day.

RULES TO REMEMBER

Rule 1. If you are asked what time it is, give the time. Dont offer instructions on how to build a watch.

Listen to the question, answer that question, then wait for the next one. When they run out of questions, your testimony is over. Go home.

Dont answer a question you think was asked, should be asked, or want to be asked. And take your time. As with baseball and other matters of importance, there is no clock. Your testimony is very important, thats why you were called in the first place. There is no hurry. As in golf, there are no prizes for speed, just accuracy.

Rule 2. If you do not understand a question, respond by saying

I do not understand the question. Have counsel rephrase the question, explain or define any word that you dont understand.

Thats what you mean by I do not understand the question. Its not impolite. You are not comparing education. You just dont understand the question. If counsel cannot rephrase the question so you can understand and adequately respond, thats not your problem. Being a witness is hard enough.

Rule 3. If you knew the answer some time ago, but do not recall at the moment, say I do not recall Not everyone can remember which shoes they wore the second Tuesday of last month. There is no disgrace in failing to recall certain details, especially when they are remote in time.

Your testimony is very important, thats why you were called in the first place.

Rule 4. If you are asked a question, and you do not know the answer, say I Do not know.

Too many witnesses think they have to know, or are expected to know the answer to practically everything asked of them while on the stand. No one can be expected to know everything. If you seem to, your entire testimony may appear rehearsed and unconvincing. When you dont know, you dont know. SAY SO..

Such a reply is entirely appropriate.

Rule 5. Tell the truth.

You saw what you saw. You did what you did. If someone else has a different version of these events, well, someone else has a different version of these events. In the end, the judge or jury will sort it all out.

 

Rule 6. Be yourself.

As you would converse with a friend or neighbor, speak in your own words and use your own vocabulary. Answer the questions as naturally as you can. You dont want to sound like an actor delivering memorized lines.

There is no getting around it; while giving testimony, you are on stage. Everyone in the room, especially trial counsel, is watching you testify. They not only listen to your word, but also watch how you present them. You must be as relaxed and natural as possible. Body language is a powerful communication tool. Use it properly.

HELP THE COURT REPORTER

Speak up. What you say will be taken down a taped recording, later transcribed onto a printed page by a court reporter. This is called making a record. Consider two limitations in this process;

1. Your testimony has to be verbal. It is difficult to transcribe a nod of the head or shrug of the shoulders. Dont spread your hands apart and claim About this much. If the answer is two and one half feet, say so.

2. Only one person can speak at a time. Pace your responses so as to avoid talking over the attorney asking the questions.

HELP YOURSELF

Give straight, direct and specific answers whenever possible. Depending upon the question being asked, try and avoid needless qualifiers like In my opinion, I guess, I think, and I believe JUST THE FACTS. Any reservations displayed on direct examination will come back to you on cross.

If the answer is yes, blue or I dont know, SAY SO.

Dont guess, exaggerate, or speak in broad, sweeping terms. Try not to generalize, and do not explain anything unless specifically instructed to do so.

If you make a mistake, or give the wrong answer, STOP.. As soon as you realize you have given the wrong information, or left something out, STOP. Tell the attorney you made a mistake, say I made a mistake. May I correct myself. Clear the record then and there. It is much better than to have the opposing attorney question you about it later on cross examination.

If there is an objection, or if the judge or another attorney interrupts your testimony; FREEZE. Do not say another word until instructed to do so. The lawyers will argue out the problem on the spot. Wait until told to proceed.

There is no need to squeeze in an answer during this process. Let the lawyers work it out, thats what they do.

HELP THE COURT

Some attorneys lose their manners right after the bar exam. Some have the personality of a briefcase. For others, this would be an improvement. Do your best anyway, and try to be polite. If you have a bad temper, leave it in the elevator.

Do not engage in a battle of wits. You cant win. Its not because you dont get to ask questions. You are gathered for the purpose of finding the truth, not to judge who can best exchange sarcastic remarks. 

Terrorist Threats 2C:12-3(a)

 

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. If someone is charged with Criminal terroristic threats, the judge will read to the jurors the following Jury Instructions of the Law: TERRORISTIC THREATS (N.J.S.A. 2C:12-3(a) The indictment charges the defendant with committing terroristicthreats. The pertinent part of our statute is as follows: (CHOOSE APPLICABLE ALTERNATIVE) (1) A person is guilty of a crime if he threatens to commit any crime of violence with the purpose to terrorize another or in reckless disregard of the risk of causing such terror. (2) A person commits a crime if he threatens to commit a crime of violence with the purpose to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such evacuation or inconvenience. The prosecution must prove the following elements beyond a reasonable doubt: 1. The defendant made a threat, or threatened to commit a crime of violence against (the victims name). (CHOOSE APPLICABLE ALTERNATIVE) 2. That the threat to commit a crime of violence was with the purpose to terrorize another or in reckless disregard of the risk of causing such terror or 3. That the threat to commit a crime of violence was to cause evacuation of a building, place or assembly or facility of public transportation or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such evacuation or inconvenience. 4. A person acts purposely with respect to the nature of (his/her) conduct or a result thereof if it is (his/her) conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to the attendant circumstance if the person is aware of the existence of such circumstances or the person believes or hopes that they exist. With purpose, design, with design, or equivalent terms have the same meaning. A person acts recklessly with respect to the nature of (his/her) conduct when the person consciously disregards a substantial and unjustifiable risk that the material element exists or will result from (his/her) conduct. The risk must be of such a nature and degree, that considering the nature and purpose of the actors conduct and the circumstances known to the actor, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actors situation. In other words, in order for you to find the defendant acted recklessly, the State must first prove beyond a reasonable doubt that the defendant was aware of this substantial and unjustifiable risk. In addition, the State must prove that the defendant consciously disregarded this risk. For you to conclude that the defendant acted recklessly, you must find that this disregard was a gross deviation from the way a reasonable person would have conducted (himself/herself) in the situation. The gist of the offense is that the words or actions used by the defendant are of such a nature to convey the menace or fear of a crime of violence to the ordinary hearer or individual. The crime of violence is that the words or actions used by the defendant are of such a nature to convey the menace or fear of a crime of violence to the ordinary hearer or individual. The crime of violence that is alleged by the prosecution that the defendant threatened is (set forth and define appropriate crime of violence alleged). It is not necessary that the victim was terrorized (or that there was actually an evacuation of a building, place of assembly or facility of public transportation.) It is not a violation of this statute if the threat expresses only a fleeting anger or that the threat was merely with the intent to alarm. If the State has failed to prove beyond a reasonable doubt any one of the elements that have been described to you, you must find the defendant not guilty. If the State has proven all the elements beyond a reasonable doubt, then you should find the defendant guilty. 2C:12-3. Terroristic threats a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. b. A person is guilty of a crime of the third degree if he threatens to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out. L.1978, c. 95, s. 2C:12-3, eff. Sept. 1, 1979; L.1981, c. 290, s. 15, eff. Sept. 24, 1981. 2C:12-10. Definitions; stalking designated a crime; degrees 1. a. As used in this act: (1)Course of conduct means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person. (2)Repeatedly means on two or more occasions. (3)Immediate family means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household. b.A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family. c.A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior. d.A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree. e.A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States. f.This act shall not apply to conduct which occurs during organized group picketing. L.1992,c.209,s.1; amended 1996, c.39, s.1; 1998, c. 17, s.3; 1999, c.47, s.1; 2001, c.220, s.2. 2C:12-10.1. Conviction for stalking, permanent restraining order 3. a. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked. b. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief: (1) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim. (2) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim, the victims employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim. c. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order. d. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court. e. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers. f. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order. L.1996,c.39,s.3.          Rule 1:11-2 of the Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients. I also provide all my clients with written information explaining how to appear in court, information on surcharges, information on points, and information regarding substance abuse treatment, if applicable.   Once we receive our retainer (are paid), we begin work right away. Usually while the client is still in the office, we prepare a discovery letter on the computer to the prosecutor/district attorney and court and hand a copy to the client. We occasionally call the court to advise them that we will be handling the case and to inquire who handles discovery. We check the Lawyers Diary to determine who are the judges and prosecutor/district attorneys for the county or town. It is important to learn about the judge and the prosecutor.   We require a great deal of cooperation from our clients in an effort to help keep their costs reasonable. We require our clients to take photographs of accident sites and prepare diagrams and provide us with the names, addresses, and telephone numbers of witnesses.   I recommend that my clients provide me with a list of between 10 to 15 reasons why they should not go to jail and why court should impose the minimum license suspension. We recommend they obtain a Motor Vehicle Abstract. This provides us with information for mitigation of penalties and also provides information to be considered by the judge in sentencing.   3. Post Interview Work          Many states have programs for first time offenders who have never previously been arrested or previously convicted of a criminal offense. Again, to avoid embarrassment it is a good idea to speak with the prosecutor/ district attorney and the police officer because they may have a criminal abstract to indicate that the client is not eligible for a diversions type program.  We also make a Motion to Suppress where there is a question regarding the validity of a stop or search. Any other Motions to Dismiss should be made in writing such as statue of limitations or lack of jurisdiction.          Oftentimes in cases that deal with just one triable issue such as the admissibility of a blood test result in alcohol or drugs, we can make a Motion in Limine or suggest a pre-trial conference. It is often a good idea to try to know how the judge will decide in order to save us a three-hour trial on a complicated case. If the court rules against us in the Motion in Limine we can enter a guilty plea contingent upon reserving your right to appeal on that one issue.   4. Discovery Phase          Oftentimes we do not receive all of the discovery that we request. We send a letter to the prosecutor requesting additional discovery and request that the discovery be provided within 10 days. If we do not receive the discovery with 10 days then we prepare a Motion to Compel Discovery.          In the case involving essential witnesses, we occasionally write to the witnesses and ask them to call us so that we can find out what really happened. If possible I have a law clerk call up after we send the initial letter. The attorney cannot testify if the witness provides an inconsistent statement but our law clerks can testify. I sometimes speak to friendly witnesses myself later to make a decision to determine whether or not the witnesses are credible.   Upon receiving discovery, we forward a photocopy of all discovery to our client. We then discuss with the client whether or not they have a reasonable prospect of winning.        In drunk driving cases we review the videotape with the client prior to the trial date and sometimes make arrangements to retain an expert.   5. Preparing for Court          If it is a drug case, we should make an objection to the entry of the lab certificate as evidence at trial. We are also under a responsibility to provide any reciprocal discovery to the prosecutor. Occasionally, in a court where there is only one prosecutor you should call the criminal court prosecutor ahead of time to see if a matter can be worked out or plea bargained. Some Criminal prosecutors in lower courts work part time and are not compensated for the many telephone calls they get in their offices.                 If we discover a favorable case, we make a copy for the judge, prosecutor, and client. Never assume the part time prosecutor or judge is familiar with all the laws. We can prepare a Subpoena ad Testificandum for witnesses to testify and Subpoena Duces Tecum for witnesses to bring documents.  We have our clients hand deliver the Subpoenas and write out their own check for the subpoena fees. It is better to be over-prepared than under-prepared.          Over the years I have made it a practice to build up files on particular legal subjects with complete case law. I now have files for drunk driving, driving while suspended, drug possession, assault, and careless driving.          When we receive the hearing notice we send a follow up reminder to the client to be on time, bring all papers and call 24 hours ahead to confirm the case is still on the calendar. The client should be prepared and look neat. The Grateful Dead and Budweiser T-Shirts should be replaced with something that looks presentable. They should have their pregnant wives sitting next to them.              Preparation is the key to winning cases or convincing the prosecutor of exceptional defenses. Upon arrival at court, we will attempt to ascertain if the police officer is available. Sometimes the police officer is on vacation, retired, or suspended. This may assist your ability to work out a satisfactory arrangement.          There is no prohibition against speaking with States witnesses in a non-threatening way. Outside of the courtroom, I usually call out the name of the non-law enforcement States witnesses to determine what their version of the facts are. If we have an excellent trial issue but believe the judge is going to rule against us, we bring an appeal notice and file it with the Court on the Record. I keep in my car blank forms for Order to Compel Discovery, Order Mark Try or Dismiss, Order to be Relieved, and an Appeal Notice.   6. Plea to a Lesser Defense          If the client is going to enter a guilty plea to an offense, it is important they understand what the offense is and put a factual basis on the record.  The Judge will be angry if a person is pleading guilty to a drunk driving case and the judge asked them what he had to drink, the person insists he only had one beer. The judge will send us back to our seat and must refuse to take the guilty plea unless an adequate factual basis is put on the record.        Having previously obtained for my clients their favorable background, I usually put on the record reasons why the judge should give them the minimum penalties.         Letters of reference and character reference letters are helpful in cases where the judge has wide discretion in his sentencing. After the client pleads guilty, it is a good idea to also ask the client on the record if he has any questions of myself or of the court.   7. Conclusion               Whether or not we have a trial or there is a plea to reduce the charge, I wish to walk out knowing I did the best you could for the client. Even if I lose, I want to have been such an articulate advocate that the client walks out saying my attorney is great but the judge is wrong. We try to be innovative and prepare new arguments. We handle a substantial amount of criminal court and personal injury cases and have put case law and certain legal defenses on our website: www.njlaws.com.          About the Author: Kenneth A. Vercammen is an Edison, Middlesex County trial attorney who has published 125 articles in national and New Jersey publications on criminal court and litigation topics.       Consequences of a Criminal Guilty Plea in Superior Court 1. If you plead guilty you will have a criminal record. 2. Before the judge can accept your guilty plea, you will have to stand up in open court and tell the judge what you did that makes you guilty of the particular offense in front of all persons in the courtroom. 3. You can go to jail, pay thousands of dollars in fines, and may be barred from future employment 4. You may not be able to get a job as a teacher, public employee, banking industry, real estate or other state regulated field. 5. On employment applications, the answer to a question was you convicted of a criminal offense would be yes. 6. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 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. 7. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 8. In all drug cases, the statute requires mandatory driver’s license suspension. New Jersey does not have a special license to go to work or school. 9. 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. 10. You must pay restitution if the court finds there is a victim who has suffered a loss. 11. Future employers may not hire you because you have a criminal record. 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. 12. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 13. You must wait 5-10 years to expunge a first offense.  2C:52-3 14. You lose the presumption against incarceration in future cases. 2C:44-1 15.  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

Termination of Child Support upon Emancipation

By Kenneth Vercammen, Esq.

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

This office's minimum fee for a Motion for Emancipation is $1,500.

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

The Motion will need to include the following type of language: PLEASE TAKE NOTICE that the undersigned, attorney for payor parent, will apply to the above named court, at the Court House, on [motion date] for an Order directing that child support payments shall end since the child is now of legal age and emancipated. PLEASE TAKE FURTHER NOTICE that the undersigned shall rely upon the Certification of payor in support of this motion.

All Motions, Family, Civil, Criminal and Chancery/ Equity must include a Certification of mailing, similar to the following: CERTIFICATION OF MAILING The undersigned hereby certifies that the original Notice of Motion, Certification and all supporting papers have been filed directly with the __________ County Family Division Motions Clerk, _____________, New Jersey. It is further certified that a copy of the Notice of Motion, Certification and all supporting papers have been served by certified and regular mail upon all counsel and individuals indicated in the Notice of Motion.

Often, the Certification we prepare will include some of the following language:

CERTIFICATION OF c1 IN SUPPORT OF NOTICE OF MOTION FOR TERMINATION OF CHILD SUPPORT OF c3 I, c1, of full age, hereby certify the following: 1. I am the defendant in the within cause of action and file this Certification in support of my Notice of Motion seeking relief and modification of the Courts prior Order of ___________________. Exhibit 1 2. I was divorced on ____________________, ____________ County, New Jersey. 3. On _______________, the Honorable ______________, ordered me to pay support in the amount of $________ per week for the support of c3, who was residing with my ex-wife. 4. c3 was born on _______________. My child is now 18 years old. Birth certificate Exhibit 2. He works full-time. C3 is not enrolled full time in school. 5. I anticipate retiring someday and need to invest money into a retirement plan. 6. I request that the court terminate child support. I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Order The Motion, Certification, Exhibits and proposed Order prepared by your attorney will be submitted to a Superior Court Judge in the Family Part. The proposed Order prepared by your attorney will usually contain some of the following language:

O ORDER FOR TERMINATION OF CHILD SUPPORT OF c3 This matter having been opened to the Court upon motion of ___, Esq., attorney for c3, for an Order to terminate child support payments, and the Court having considered he Certifications of c1 and c3, documents attached in support of the Motion, and the argument of counsel, if any, and for good cause shown, it is on this __________ day of __________________, 2015 hereby ORDERED that child support for c3 is terminated as of _______________, and it is further ORDERED that the Probation Department immediately update its records upon receipt of this order, and it is further ORDERED that any child support payments withheld after ___________________, shall be refunded to c3 by the Probation Department or o1 within 20 days of receipt of this order, and it is further

ORDERED that a copy of this order be served upon all Counsel, the Probation Department and parties within ten (10) days.

__________________________ , J.S.C.

After the Order is filed, there is a need to serve copies on the payee parent, Probation Department, your job Personnel Dept/ Human Resources and other relevant persons and entities. Hire an experienced attorney when you have important legal needs. Typical fees for the Motion range between $1,500- $2,500 depending on work involved and experience level of the attorney.

The following is a portion of the additional information we need to draft a Motion: 1. Your Full Name:

___________________________________________________ First Last

2 Your Street Address: ________________________________ City ________________ State __ Zip Code ___________

3. Telephone Number:

Day: ____________________

Cell: ____________________

Night: _________________

4. E-mail address: ______________________________________

5.(a)Referred by: _____________________________________

6. Your Date of Birth: ________________ SS # ____________ Month Day Year

7 Date of Marriage, if any _____________________________

8 Other parent

____________________________________________________ First Last name

9 Street Address _________________________

City ______________ State/Zip ______________

10 Name, Address, & Birthdate of all Child(ren); Person with whom Child(ren) Childs Full Name Address Birthdate Resides with

_________________

___________________

MISCELLANEOUS INFORMATION:

1. Name and Address of Your Employer (Provide Name and Address of Company if Self- Employed) Name of Employer _______________________________ Address ___________________________

BRIEF DESCRIPTION OF SPECIFIC PROBLEMS OR CONCERN? ______________________________________________________

______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________

The above information is a brief outline of work an experienced attorney can do for you. Always schedule an in- office consultation whenever an important legal matter arises. 

Ten Estate Planning Ideas for Divorced/Separated Persons

Under the law in New Jersey, if a person dies without a Will and without children, their spouse will inherit all assets, even if they are separated from the spouse. In addition, if you have children from a previous marriage, but no Will, your separated spouse will get half your estate. In planning, make sure your assets go to your loved ones or favorite charity. Therefore, you may wish to do the following: 1) Have an Elder Law attorney prepare a Will to distribute your assets to the people you care the most about. If you already have a Will, prepare a new Will and have the old Will revoked. ( Your estate planning attorney will explain this to you.) 2) Prepare a Power of Attorney to select someone to handle your finances if you become disabled. Have your old power of attorney revoked. 3) Prepare a Living Will prepared 4) Change your beneficiary on assets you may own, such as stocks, bank accounts, IRA, and other financial assets. Change your beneficiary under your own life insurance, whether whole life insurance or term insurance. 5) Contact your employer's human resources and change the beneficiary on life insurance, pension, stock options or other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries. 6) Keep your personal papers at a location where family can find them. 7) Have your attorney prepare a prenuptial agreement if you decide to get married. 8) Make sure the trustee for any funds designated for your children is the right trustee. 9) In New Jersey, if you are married and living with your spouse, under certain instances the surviving spouse has a right to elect against the Will The disinherited spouse may like to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children. 10) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody. CONCLUSION Planning can only be done if someone is competent and/or alive. Make sure your assets can be passed directly to your loved ones.

 

Taxi Company Liability for Injuries

 Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help Don't give up! Our Law Office can provide experienced attorney representation if you are injured Our website KennethVercammen.com provides information on civil cases we can be retained to represent people.

WHAT TO DO IF INJURED WHILE A PASSENGER IN A TAXI

- AT THE ACCIDENT SCENE

Compiled by Kenneth Vercammen, Esq. from various sources

1. Stop . . . do not leave the scene of the accident. CALL THE POLICE, tell them where the accident occurred and ask for medical help if needed.

2. Get names, addresses, and license numbers of all drivers involved.

3. Get description and registration number and insurance information of all cars involved. License Plate Number __ Registration # __ Make __ Year __ Damage __ Insurance Company __ Insurance Policy Number __

4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses names to anyone but the police, your attorney or your insurance company.

5. While waiting for police, write down- Accident Information Date __ Time __ Location __ No. of vehicles involved __ Weather __ Road conditions __ Damage __ Speed of the other car __

6. Summary of accident __

7. Diagram of accident

8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away -not in a week or so.

9. Name of Police Officers, Department and Badge Number

10. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the police, your attorney and with representatives of your insurance company. Give the other party only your drivers license number, registration number and insurance information. - Be cooperative with the police.

11. Seek hospital/ medical attention.

12. Call your car insurance company to report the accident if you have car insurance even though you were not in your car.

13. Call a personal injury attorney, not a real estate attorney: Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you.

Financial Recovery for passengers in Taxis injured in accidents

1. Kenneth Vercammen Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and you now wish to prosecute a claim against an opposing party. As the attorney of record, I can bring an action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.

2. Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Car Insurance Declaration Sheet [This determines who pays your medical bills, even if you were in a Taxi] 4. Car Insurance Policy 5. Photos of damage to your bike and property 6. Photos of accident site 7. Major Medical Insurance Card 8. Paystub if lost time from work

3. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office at (732) 572-0500. We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important. We take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.

4. Submission of Bills to Car Insurance and Major Medical You should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. This is true even if your are in a Taxi.

If you do not own a car, but live with someone who owns a car, we can try to help you submit medical bills to their car insurance company.

Please provide car and major medical insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to car insurance and major medical. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow "Care Path". Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.

Never give a signed statement to the claims adjuster representing the other drivers insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.

IF YOU HAVE BEEN HIT BY A CAR WHILE RIDING YOUR BICYCLE; WHILE YOUR PERSONAL INJURY CASE IS PENDING:

It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kinds. 4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings. 5. Refer to your attorney, anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEYS WRITTEN PERMISSION. 7. You may have insurance coverages such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.

5. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope. Keep a diary of all matters concerning this accident-no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.

6. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.

7. Investigation and Filing of Civil Complaint in Superior Court Procedurally, the following events occur in most personal injury cases. First, your attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your Doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.

8. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form" Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

9. Doctor/ Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured persons concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctors records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken accompanied by the bills. Also save all bottles or containers of medicine.

10. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist you in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.

11. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.

12. Photographs Take photographs of all motor vehicles, accident site, etc., that may be connected directly or indirectly with your accident. Again, be sure to let the office know that you have such photographs.

13. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.

14. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.

15. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.

16. Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.

Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.

17. Questioning If any person approaches you with respect to this accident without your attorneys permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorneys office.

18. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the oppositions insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.

We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.

If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.

Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimants past medical records.

19. Surveillance by Insurance Companies Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.

However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctors advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.

There are cases where the insurance agent has attempted to discredit a personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiffs claim in court.

20. The value of a case depends on the Permanent Injury, medical treatment and doctors reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendants liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.

Conclusion We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for clients assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.