ABA blog-New articles, Newsletters and Community Events: 2024

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

Thursday, July 25, 2024

Ayah Aboulenain - Rutgers University, New Brunswick

Aakash Sharma - Purdue Global Law

Tuesday, May 21, 2024

Spring 2023 Law Office Staff

Dayona Gilbert, Mike McDonald, John. Mulvaney & Kenneth Vercammen

Tuesday, May 7, 2024

39:4-138 Parking Offenses

39:4-138 Places where parking prohibited; exceptions; moving vehicle not under ones control into prohibited area.

39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

a.Within an intersection;

b.On a crosswalk;

c.Between a safety zone and the adjacent curb or within at least 20 feet of a point on the curb immediately opposite the end of a safety zone;

d.In front of a public or private driveway;

e. (1) Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except at alleys and as provided in section 2 of P.L.2009, c.257 (C.39:4-138.6); or

(2)Within 10 feet of the nearest crosswalk or side line of a street or intersecting highway, if a curb extension or bulbout has been constructed at that crosswalk;

f.On a sidewalk;

g.In any appropriately marked No Parking space established pursuant to the duly promulgated regulations of the Commissioner of Transportation;

h.Within 50 feet of a stop sign except as provided in section 2 of P.L.2009, c.257 (C.39:4-138.6);

i.Within 10 feet of a fire hydrant;

j.Within 50 feet of the nearest rail of a railroad crossing;

k.Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly signposted;

l.Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic, when properly signposted;

m.On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

n.Upon any bridge or other elevated structure upon a highway, or within a highway tunnel or underpass, or on the immediate approaches thereto except where space for parking is provided;

o.In any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to P.L.1977, c.202 (C.39:4-197.5), P.L.1975, c.217 (C.52:27D-119 et seq.) or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle. State, county or municipal law enforcement officers or parking enforcement authority officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

9:4-138(a) Improper parking within intersection $54

39:4-138(b) Improper parking on a crosswalk $54

39:4-138(c) Improper parking in safety bus zone $54

39:4-138(d) Improper parking in front of driveway $54

39:4-138(e) Improper parking within 25 ft. of crosswalk $54

39:4-138(f) Improper parking on a sidewalk $54

39:4-138(g) Improper parking in a no parking area established by State Highway $54

Department

39:4-138(h) Improper parking within 50 feet of stop sign $54

39:4-138(i) Improper parking within 10 feet of fire hydrant $54

39:4-138(j) Improper parking within 50 feet of railroad $54

39:4-138(k) Improper parking within 20 feet of driveway entrance to fire station $54

or 75 feet on opposite side of street (when properly signposted)

39:4-138(l) Improper parking alongside or opposite street excavation or $54

obstruction, causing traffic obstruction (when properly signposted)

39:4-138(m) Double parking $54

39:4-138(n) Improper parking on a bridge, elevated structure, underpass or $54

immediate approaches (except where space for parking is provided)

39:4-139 Loading or unloading for unreasonable period of time $54

39:4-138.1 Determination of no parking zones.1.The commissioner, by regulations, shall have authority to establish and maintain no parking zones on portions of State highways where parking is deemed hazardous or inimical to the proper flow of traffic.

No parking zones so established shall be clearly marked by appropriate signs of a type and design according to specifications adopted by the commissioner.

Wednesday, May 1, 2024

NJAJ Executive Director Cornelius J. Larkin with Ken Vercammen at the NJAJ Boardwalk Seminar.

NJAJ Executive Director Cornelius J. Larkin with Ken Vercammen at the NJAJ Boardwalk Seminar.
Boardwalk Seminar has received the Continuing Legal Education Program of the Year Award from the National Association of Trial Lawyer Executives' Association
"We often say that the Boardwalk Seminar is one of the best CLE events in the United States and this award shows that many others around the country recognize that as well," said then NJAJ President Michael G. Donahue, III, Esq.
"This national recognition is a tribute to the hard work and dedication that Corny and the headquarters staff put in every day on our behalf," he said.
"We are lucky to have them working for us and this award is the evidence of just how talented they are," Donahue said.
"We should all be tremendously grateful and proud that Corny's peers around the country recognize him and his staff for their truly wonderful contributions to our organization. We can never thank them enough," Donahue said

Todd Mayo, Esq. & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024.

Todd Mayo, Esq. & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. A. Todd Mayo, Esq. is the Past Chief Judge of East Brunswick Municipal Court.
A. Todd Mayo is a personal injury lawyer who has been in practice since 1994. He has received verdicts in excess of $1,000,000
Background and Accomplishments:
• Former Chief Municipal Court Judge
• Former Supervising Workers Compensation Judge
• Personal Injury lawyer
• Workers Compensation Attorney
• In practice since 1994
• Undergraduate of Kean University
• Western Michigan University Law School Graduate
• Honorable discharged from the US Air Force after 5 years of service
https://mayolaw.com/a-todd-mayo-esq/

John R. Gorman & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024

John R. Gorman & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024

Both were selected to the 2024 Super Lawyers NJ list. The Super Lawyers list is issued by Thomson Reuters, which manages West Publishing USA.
https://profiles.superlawyers.com/.../73f0b3a6-71c1-4ae1...
A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Mr. Gorman has been selected by his peers to Thomson Reuters’ “Super Lawyers” list every year since 2007, which accolade is enjoyed by only 5% of New Jersey’s attorneys. He has also been selected by his peers to the Super Lawyers’ “Top 100 Lawyers” list in New Jersey every year since 2014*.

Mr. Gorman has recovered tens of millions of dollars for his clients since joining the firm in 1985. He has been a frequent lecturer for the Middlesex County Bar Association and the New Jersey Association for Justice. He was honored with the Honorable Herman L. Breitkopf Award in 2021 by the Middlesex County Trial Lawyers Association, an award bestowed upon a bar member who exemplifies “honesty, integrity, intelligence, and an unwavering concern for the welfare of both the bar and of its members.”

Mr. Gorman was also selected by the Middlesex County Bar Association as its 2008 “Civil Trial Practitioner of the Year,” and by Legal Services of New Jersey as its 2022 “Volunteer of the Year.”

Christopher J. Keating & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. They recently served on the Criminal Law Section board of the NJ State Bar Association.

Francisco J. Rodriguez & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Francisco J. Rodriguez is a past President of NJAJ Trial Lawyers.

Craig S. Laughlin Esq. & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. They served together on Law Review at Delaware Law School.

Jeffrey A. Rizika & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024.

Brent Bramnick & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024.

Donald A. Caminiti Esq & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Donald A. Caminiti is a past President of NJAJ Trial Lawyers.

Jorden N. Pedersen, Jr. Esq & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Jorden N. Pedersen, Jr is a past President of NJAJ Trial Lawyers

Jorden N. Pedersen, Jr. Esq & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Jorden N. Pedersen, Jr is a past President of NJAJ Trial Lawyers.

Philip Nettl & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024.

Both were selected to the 2024 Super Lawyers NJ list. The Super Lawyers list is issued by Thomson Reuters, which manages West Publishing USA.
https://profiles.superlawyers.com/.../73f0b3a6-71c1-4ae1...
A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Mr. Philip Nettl is an attorney at Benedict Altman and Nettl. He is a two-time graduate of Rutgers, having received his Bachelor’s Degree from Rutgers University, and his law degree from Rutgers Law School-Camden. He joined the firm directly from law school in 2004, and has built up his experience in criminal cases ever since. Mr. Nettl has substantial experience as both a trial and appellate lawyer. Mr. Nettl’s first trial experience came as second chair in a capital murder trial, where he assisted Mr. Benedict. Since then, he has represented defendants is numerous jury trials in both state and federal courts. Mr. Nettl also has briefed and argued numerous appeals, and he coordinates the firm’s appellate practice.

Mr. Nettl is a member of the National Association of Criminal Defense Lawyers, the Association of Criminal Defense Lawyers of New Jersey, the Middlesex County Bar Association, and the New Brunswick Bar Association.

Mr. Nettl has been named multiple times in New Jersey Super Lawyers magazine as a “Rising Star” in the field of Criminal Defense. He is a Part-Time Lecturer at Rutgers University in the Criminal Justice Program. He is past-President of the New Brunswick Bar Association, Chair of the District Ethics Committee for Middlesex County, and a member of the Supreme Court Committee on Model Criminal Jury Charges. In 2018, he was honored by the Middlesex County Bar Association with the Criminal Practice award. https://www.benedictandaltman.com/criminal.../philip-nettl/

Attorney Eugenie Voitkevich & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024

Attorney Eugenie Voitkevich & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Attorney Eugenie Voitkevich was named as New JerseyRising Star by Super Lawyers Magazine for Fifth Consecutive Year.

The Super Lawyers list is issued by Thomson Reuters, which manages West Publishing USA.
https://profiles.superlawyers.com/.../73f0b3a6-71c1-4ae1...
A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Daniel E. Rosner Esq & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Daniel E. Rosner is a past President of NJAJ Trial Lawyers.

Daniel E. Rosner Esq & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. Daniel E. Rosner is a past President of NJAJ Trial Lawyers. Daniel has been a leader in the legal profession over the course of his career. He served as President of NJAJ — the largest plaintiffs’ trial attorney organization in the state in 2015-2016. Attorney Daniel Rosner has also served in various roles for the New Jersey Association for Justice (formerly known as ATLA-NJ) since 2004, including terms as Chairman and Co-Chairman of numerous committees and boards including the NJAJ Educational Foundation in 2014-2015 which is responsible for administering many continuing legal education programs for attorneys throughout the state. He continues to be a member of the NJAJ Board of Governors and has been since 2005. Daniel’s service to the legal profession included two three-year terms on the prestigious JPAC committee of the NJSBA. This committee helped vet newly selected potential judges and prosecutors from the Governor’s office to help determine if they were qualified to serve. He also has served on the Amicus Committee of the NJSBA from 2008-2022. Amicus, or friend of the court, is a committee that volunteers its input into important public policy legal issues that the courts may look to for expertise within the profession

E Drew Britcher Esq & Ken Vercammen participated in the NJAJ Boardwalk Seminar 2024. E Drew Britcher is a past President of NJAJ Trial Lawyers

Jonathan H. Lomurro & Ken Vercammen participated in the NJAJ Boardwalk Seminar. Jonathan H. Lomurro is a Vice President of NJAJ.

Jonathan H. Lomurro & Ken Vercammen participated in the NJAJ Boardwalk Seminar. Jonathan H. Lomurro & Kenneth Vercammen were selected to the 2024 Super Lawyers NJ list. The Super Lawyers list issued by Thomson Reuters, which manages West Publishing USA.
https://profiles.superlawyers.com/.../73f0b3a6-71c1-4ae1...
A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

MEDICAL NEGLIGENCE ATTORNEY

Mr. Jonathan Lomurro, an esteemed attorney whose prowess in Medical Malpractice Law has been recognized and certified by the American Board of Professional Liability Attorneys. Further endorsing his distinguished focus, the New Jersey Supreme Court has honored Jonathan with the title of Certified Civil Trial Attorney.

A steadfast believer in continuous learning, Jonathan holds a Juris Doctorate (J.D.) and a Master of Law Degree (LL.M.) in Trial Advocacy, bolstering his deep understanding of the legal landscape. As a proud owner and partner at Lomurro Law, he participated in assembling an extraordinary team that is as diverse as it is experienced. The firm's medical negligence team consists of multiple seasoned attorneys, two board-certified physicians doubling as a practicing attorneys, a registered nurse, and a dedicated support staff, all committed to providing excellent legal service in the field of medical malpractice. The firm has teams that handle most legal matters, such as criminal defense, personal injury, real estate, matrimonial, will & estates, small business, and more.

Jonathan's contributions to the field extend beyond the courtroom. He is the esteemed co-author of New Jersey Medical Malpractice Law and a respected lecturer on Medical Negligence. As the former chair and leader of the New Jersey State Bar Association's Medical Malpractice Special Committee, he's at the forefront of law and policy in this specialized field. Recognized as an certified civil trial attorney, Jonathan's focus is Medical Malpractice, where he fights tirelessly to hold bad medical providers to account for their errors, defend patient rights, advocate for patient access to medical information, and safeguard patient protection. His influence is not just local but national, as he has published numerous books and delivered lectures around the country. When you're looking for a skilled, passionate, and dedicated attorney, look no further than Mr. Jonathan Lomurro. His extensive knowledge, experience, and unwavering commitment to his clients make him the ideal choice in navigating the complex world of Medical Malpractice Law.

source https://jonlomurro.com

Thursday, April 25, 2024

Currently no Capital gains tax on death since there is a step up in basis

Currently no Capital gains tax on death since there is a step up in basis.

In most cases, the basis of property acquired from a decedent is its fair market value on the decedent's date of death. This is often referred to as stepped-up basis because the fair market value of property held by a decedent at death frequently is greater than the decedent's basis in the property.

These capital gains taxes are then calculated using what's known as a stepped-up cost basis. This means that you pay taxes only on appreciation that occurs after you inherit the property.

TAX EXPENDITURE FOR EXCLUSION OF CAPITAL GAINS AT DEATH

Under the baseline tax system used by Treasury’s Office of Tax Analysis (OTA) to determine tax expenditures, unrealized capital gains would be taxed when assets are transferred at death. A decedent’s final income tax return would include unrealized capital gains from all assets held at death.

Under current law, however, unrealized capital gains on assets held at the owner’s death are not subject to income tax. In addition, the cost basis of the decedent’s assets transferred to beneficiaries is assigned the fair market value (FMV) of the assets at the owner’s date of death, not the basis of the decedent. This step up in basis removes unrealized capital gains on assets held until death from the base of the income tax. Exempting unrealized capital gains on assets held at death is a tax expenditure.

Source

https://home.treasury.gov/system/files/131/Step-Up-Basis-2014.pdf

Tuesday, January 16, 2024

Piscataway Library Estate Planning and Probate Seminar

Piscataway Library

Estate Planning and Probate

March 12 , 2024 at 6pm live and also Facebook live.

SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”)

Main Topics:

1. What goes into a Will

2. Dangers If You Have No Will or documents invalid

3. Getting your Estate Planning Documents done when you don’t need to drive i a law office

4. NJ Estate Tax eliminated and Inheritance Tax reduced

5. Power of Attorneys recommendations

6. Living Will & Advance Directive for Medical Care

7. Administering the Estate/Probate /Surrogate

8. Avoiding unnecessary expenses and saving your family money

Piscataway Public Library Kennedy Branch

500 Hoes Lane

Piscataway NJ 08854

732-463-1633x6

Link for free registration:

https://piscataway.librarycalendar.com/event/estate-planning-seminar-16542

more info:

https://piscatawaylibrary.org

FB _

Free Will Seminars and Speakers Bureau for Groups

SPEAKERS BUREAU

At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. If your organization in Central NJ would like to schedule a Will & Estates seminar, call Kenneth Vercammen’s Law Office at 732-572-0500 or email Vercammenlaw@njlaws.com

10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups

Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND

MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey

State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

SPEAKERS BUREAU

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family.

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division. He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.

He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

www.njlaws.com

Wednesday, January 3, 2024

2C:36-6a Possession of Syringe, Needle, Certain Circumstance

8. The possession of a hypodermic syringe or needle by a consumer who participates in, or an employee or volunteer of, a sterile syringe access program established pursuant to sections 3 and 4 of P.L.2006, c.99 (C.26:5C-27 and C.26:5C-28), as amended by P.L.2016, c.36, shall not constitute an offense pursuant to N.J.S.2C:36-1 et seq. This provision shall extend to a hypodermic syringe or needle that contains a residual amount of a controlled dangerous substance or controlled substance analog.

L.2006, c.99, s.8; amended 2016, c.36, s.4.

C:36-6.3 Affirmative Defense to Criminal Action, Construct

2.It is an affirmative defense to any criminal action arising under chapter 36 of Title 2C of the New Jersey Statutes for possession of a hypodermic syringe or needle that the item was obtained pursuant to the authority of section 1 of P.L.2011, c.183 (C.2C:36-6.2). The affirmative defense established herein shall be proved by the defendant by a preponderance of the evidence. It shall not be necessary for the State to negate any such fact in any criminal complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding. Nothing in this act shall be construed to limit or constrain in any way a prosecution for the possession, manufacture, or distribution of a controlled dangerous substance or for any other conduct proscribed by chapter 35 or chapter 36 of Title 2C of the New Jersey Statutes.

2C:36-6.2 Sale by Licensed Pharmacy of Hypodermic Syringe or Needle Under Certain Circumstances.

2C:36-6.2 Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances.
1. a. Notwithstanding any State law, rule or regulation to the contrary, a licensed pharmacy may sell a hypodermic syringe or needle, or any other instrument adapted for the administration of drugs by injection, to a person over 18 years of age who presents valid photo identification to demonstrate proof of age or who otherwise satisfies the seller that he is over 18 years of age, as follows:

(1)without a prescription if sold in quantities of 10 or fewer; and

(2)pursuant to a prescription issued by a person authorized to prescribe under State law if sold in quantities of more than 10.

b.A licensed pharmacy that provides hypodermic syringes or needles for sale shall also be required to:

(1)maintain its supply of such instruments under or behind the pharmacy sales counter such that they are accessible only to a person standing behind a pharmacy sales counter; and

(2)make available to each person who purchases any such instrument, at the time of purchase, information to be developed by the Department of Health and Senior Services to the purchaser, about:

(a)the safe disposal of the instrument, including local disposal locations or a telephone number to call for that information; and

(b)substance abuse treatment, including a telephone number to call for assistance in obtaining treatment.

c.In addition to any other provision of law that may apply, a person who purchases a hypodermic syringe or needle pursuant to subsection a. of this section and sells that needle or syringe to another person is guilty of a disorderly persons offense.

d.The Department Health and Senior Services, in consultation with the Department of Human Services and the New Jersey State Board of Pharmacy, may, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of subsection b. of this section. The Department of Health and Senior Services shall make the information that is to be developed pursuant to subsection b. of this section available to pharmacies and purchasers of hypodermic syringes or needles through its Internet website.

2C:36-6.1. Discarding Hypodermic Needle or Syringe

Discarding hypodermic needle or syringe.

a.A person commits a petty disorderly persons offense if:

(1) the person discards, in a place accessible to other persons, a hypodermic needle or syringe without destroying the hypodermic needle or syringe; or

(2) he is the owner, lessee or person in control of real property and, knowing that needles and syringes in an intact condition have been discarded or abandoned on his real property, allows them to remain.

b.A hypodermic needle is destroyed if the needle is broken from the hub or mangled. A syringe is destroyed if the nipple of the barrel is broken from the barrel, or the plunger and barrel are melted. Alternatively, a hypodermic needle or syringe is destroyed if it is discarded as a single unit, without recapping, into a rigid container and the container is destroyed by grinding or crushing in a compactor, or by burning in an incinerator approved by the Department of Environmental Protection, or by another method approved by the Department of Health and Senior Services.

2C:36-6 Hypodermic Syringe or Needle

There are a number of viable defenses and arguments which can be pursued to achieve a successful result for someone charged with possession of narcotics (CDS). Advocacy, commitment, and persistence are essential to defending a client accused of involvement with narcotics. Our office represents people charged with crimes. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face prison, fines over $10,000, jail, probation over 18 months and other penalties. Do not give up! Our Law Office can provide experienced attorney representation for criminal violations. Our website KennethVercammen.com provides information on criminal cases.

In New Jersey, there are drug laws that establish Schedules of illegal drugs. New Jersey does not call serious drug offenses "felonies." Instead, they are called "crimes."

2C :36-6 . Possession or distribution of hypodermic syringe or needle 2C :36-6 . . a. Except as authorized by subsection b., c. or other law, it shall be unlawful for a person to have under his control or possess with intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog as defined in chapter 35 of Title2c of the New Jersey Statutes or to sell, furnish or give to any person such syringe, needle or instrument. Any person who violates this section is guilty of a disorderly persons offense. b. A person is authorized to possess and use a hypodermic needle or hypodermic syringe if the person obtains the hypodermic syringe or hypodermic needle by a valid prescription issued by a licensed physician, dentist or veterinarian and uses it for its authorized purpose. No prescription for a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of controlled dangerous substances by subcutaneous injections shall be valid for more than one year from the date of issuance. c. Subsection a. does not apply to a duly licensed physician, dentist, veterinarian, undertaker, nurse, podiatrist, registered pharmacist, or a hospital, sanitarium, clinical laboratory or any other medical institution, or a state or a governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern of a hospital, sanitarium or other medical institution.f charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Do not rely on a real estate attorney, public defender, or a family member who simply attended law school. When your life and job are on the line, hire the best attorney available.

2C:36-5. Delivering Drug Paraphernalia to Person Under 18

Any person 18 years of age or over who violates N.J.S. 2C:36-3 by delivering drug paraphernalia to a person under 18 years of age commits a crime of the third degree.

3rd degree 3- 5 years $15,000 1 year- 5 year

2C:36-4. Advertising to Promote Sale, Crime of Fourth Degree

It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement in whole or in part, is to promote the sale of objects intended for use as drug paraphernalia. Any person who violates this section commits a crime of the fourth degree.

2C:36-3 Distribute, Dispense or Possess with Intent to Disribute or Manufacture

2C:36-3 Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree.
2C:36-3. Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree.

It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in v

2C:36-2 Use or Possession with Intent to Use, Disorderly Persons Offense

2C:36-2. Use or possession with intent to use, disorderly persons offense.

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.
Amended 2007, c.31, s.3.

2C:35B-17. Nonapplicability of Act

No cause of action shall arise based on any act by a defendant which occurred prior to the effective date of this act.

2C:35B-15. Stay of Action Pending Criminal Action

On motion by a governmental agency involved in an investigation or prosecution involving a controlled dangerous substance, an action brought under this act shall be stayed until the completion of any underlying criminal investigation or prosecution.

2C:35B-14. Cause of Action, Accrual; Statute of Limitations on Claim

2C:35B-14. Cause of action, accrual; statute of limitations on claim
14. a. A cause of action accrues under this act when a person has reason to know of the harm from use of a controlled dangerous substance that is the basis for the cause of action and has reason to know that the use of a controlled dangerous substance is the cause of the harm.

b.Except as provided in subsection a. of this section, a claim under this act shall not be brought more than one year after the defendant distributes, dispenses, or possesses with intent to distribute, the controlled dangerous substance or more than one year after the defendant is convicted of a crime involving controlled dangerous substances, whichever is the later.

2C:35B-13. Ex Parte Prejudgment Attachment Order

A plaintiff under this act may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. Any claim of the State authorized pursuant to chapter 35A and 64 of Title 2C of the New Jersey Statutes shall have priority over an order issued pursuant to this section.

2C:35B-12. Proof of Liability; Prima Facie Evidence

a. Proof of liability in an action brought under this act shall be shown by clear and convincing evidence.

b.A person against whom recovery is sought who has been convicted of a violation of N.J.S.2C:35-5, Manufacturing, Distributing or Dispensing, or an equivalent offense under federal law or the law of any other state, is estopped from denying illegal participation in the market for controlled dangerous substances. If such conviction was based upon the same type of controlled dangerous substance as that used by the individual user, the conviction also constitutes prima facie evidence of the persons participation in the marketing of controlled dangerous substance user pursuant to this act.

c.The absence of a criminal conviction for a violation of N.J.S.2C:35-5 or an equivalent offense under federal law or the law of any other state does not bar recovery by a plaintiff bringing suit pursuant to subsection b. of section 5 of this act.

2C:35B-11. Right of Action for Contribution

A person subject to liability under this act has a right of action for contribution against another person subject to liability under this act. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this act and other laws against a person whom a defendant has asserted a right of contribution.

2C:35B-10. Comparative Responsibility Governing Action

a. An action by an individual user of a controlled dangerous substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to an individual user does not bar the users recovery but diminishes the award of damages proportionately, according to the measure of responsibility attributed to the user. The burden of proving comparative responsibility is on the defendant, who shall prove comparative responsibility by clear and convincing evidence.

b.Comparative responsibility shall not be attributed to a plaintiff who is not an individual user of a controlled substance, unless that plaintiff knowingly gave the individual user money for the purchase of the controlled dangerous substance.

2C:35B-9. Joint Actions

a. Two or more persons may join in one action under this act as plaintiffs if their respective actions have at least one market for controlled dangerous substances in common and if any portion of the period of use of a controlled dangerous substance overlaps with the period of use of a controlled dangerous substance for every other plaintiff.

b.Two or more persons may be joined in one action under this act as defendants if those persons are liable to at least one plaintiff.

2C:35B-8. Damage Table

A person whose participation in the marketing of controlled dangerous substances is grounds for liability pursuant to this act shall be rebuttably presumed to be liable for damages incurred by the plaintiff in the following percentages:

a.For a level 1 offense, 25 percent of the damages;

b.For a level 2 offense, 50 percent of the damages;

c.For a level 3 offense, 75 percent of the damages; and

d.For a level 4 offense, 100 percent of the damages.