Kenneth Vercammen for NJSBA 2nd Vice-President.

Vote for Kenneth Vercammen for NJSBA 2^nd Vice-President.

Ken is an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate, Civil Litigation and Estate matters. Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers of the NJICLE- NJ State Bar Association, the ABA and Middlesex County Bar Association.  He is Past Chair of the Municipal Court Section and he has served on its board for 12 years. Hundreds of NJ Attorneys have signed his petition for the open position of 2^nd Vice President of the NJSBA.

He was awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association He also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.

His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He will be a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.

         For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.

His private practice has devoted a substantial portion of  professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings.  Ken also serves as the Editor of the popular legal website and mobile phone app www.njlaws.com and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.

         Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation which permits dismissal of some criminal charges. He is co-Chair of the ABA Criminal Law Committee Solo Division and will be a speaker at the ABA Annual Meeting. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4^th degree black belt. He welcomes support from all attorneys in NJ    Resume online at http://www.njlaws.com/resume1.htm.

KENNETH VERCAMMEN

Attorney at Law

2053 Woodbridge Ave.

Edison, NJ 08817

                                                732-572-0500                  www.njlaws.com

ADMISSIONS: Admitted in NJ, US Supreme Court and Federal District Court. Passed bar NY, PA, DC

MANAGING ATTORNEY  Kenneth Vercammen & Associates, PC  March 1990-Present

Full service Law practice with offices in Edison and Cranbury.

                                                                                                                       

PROSECUTOR   Township of Cranbury, Middlesex County, NJ   1991-1999

Municipal Prosecutor for criminal and traffic cases involving Township and State Police

-Acting Assoc. Prosecutor:  Carteret Municipal Court, Middlesex County  2000

Past President- Middlesex Municipal Prosecutor's Association

Metuchen Public Defender 2001- present           

EDITOR- NJ MUNICIPAL COURT LAW REVIEW  1993- present

Middlesex County Bar Association 2008 Municipal Court Attorney of the Year

NJ State Bar Association- 2005-2006 Municipal Court Attorney of the Year Award

RELEVANT LITIGATION SPEAKING ENGAGEMENTS:

-Handling Drug, DWI and Serious Municipal Court Cases ICLE/NJSBA- 2013, 2012, 2011, 2010 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002,2001,2000,1998,1997, 95,94

-Criminal, DWI and Drug Cases- NJ State Bar Annual Meeting 2012, 2011, 2010, 2009, 2008, 2007,  2006, 2005, 2004, 2003, 2002, 01, 00, 99

ABA Defending Internet Crime 2009 Chicago

-Recent Criminal Cases Middlesex Bar 2012, 2010;

Sayreville Police Recent Criminal cases 2013, Edison Police- Recent Criminal cases 2009; Edison Police Auxiliary- Search and Seizure law;

-Personal Injury Litigation- NJ ICLE/ NJ State Bar  2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993,  1991;     Civil Trial Practice- Middlesex Bar 2004

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE

-Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar   2013      

-Elder Law and Estate Planning-  American Bar Association ABA  Chicago2012,  Toronto 2011, Chicago 2009, New York City 2008, Miami 2007

Middlesex County Police Chiefs 2009- Living Wills,

Middlesex County College- Wills & Probate 2007

PUBLICATIONS: Published 150 separate Law Review and Legal Periodical articles journals.

Vote for Kenneth Vercammen's for NJ State Bar 2nd Vice-President

Vote for Kenneth Vercammen's for NJ State Bar 2nd Vice-President

 Ken Vercammen has been asked to run by friends for New Jersey State Bar 2^nd vice president 

The association's Nominating Committee has invited qualified members to submit there names for Vice President. Ken Vercammen has been selected for the ballot.

      

I am asking my friends and other members of the NJ State Bar Association to vote for Ken V. My resume with qualifications is online at http://www.njlaws.com/resume1.htm.

         You are invited to our July 19 Happy Hour at Bar Anticipation in Belmar from 5-8pm. I look forward to seeing you at future events.

          Kenneth A. Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on business and litigation topics. He is author of the American Bar Association's book “Criminal Law Forms”. He handles Criminal, Probate, Civil Litigation and Estate matters. He often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  Past Chair of Municipal Court Section.

He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.  He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.

               He has served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 18 years.

In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters.  He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal website www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)    732-572-0030

website: www.njlaws.com

www.CentralJerseyElderLaw.com

Shoplifting Charges, Defenses and Jail terms by Kenneth Vercammen, Esq. ...

School Bus Violations by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

CONDITIONAL DISCHARGE TO DISMISS MUNICIPAL COURT DRUG CHARGES

CONDITIONAL DISCHARGE TO DISMISS MUNICIPAL COURT DRUG CHARGES

By Kenneth Vercammen, Trial Attorney

The defense of a person charged with possession of drugs or drug paraphernalia is not impossible. Attorneys should not merely suggest that their client plead guilty to save a few dollars. 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 involvement with controlled dangerous substances (CDS).

         The Municipal Courts in New Jersey have jurisdiction to hear the following drug‑related offenses:

         NJSA 2C:5‑10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35‑10(b), using or being under the influence of CDS; NJSA 2C:35‑10(c), failure to deliver CDS to police; NJSA 2C:36‑2, possession of drug paraphernalia.

      N.J.S.A. 2C:36A‑1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21‑27 (Old Drug Law CD), 2C:43‑12 (PTI) or 2C:36A‑l (conditional discharge) may apply for a conditional discharge.

         The defense attorney can make a Motion, upon notice to the prosecutor and subject to 2C:36A‑l(c) for first offenders to suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). This is Motion For Conditional Discharge.  Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community.

Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. For applicable caselaw on Conditional Discharges, see State v Sanders N.J. Super 515 (App. Div. 1979), State v Banks 157 N.J. Super. 442 (Law Div. 1978), State v Grochulski 133 NJ Super 586 (Law Div. 1975), State v Teitelbaum. 160 NJ Super 450 (Law Div. 1978), State v Bush 134 NJ Super 346 (Cty Ct 1975), State v DiLuzio 130 NJ Super 220 (Law Div. 1974).

The defendant must pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty. The court further has the option to suspend a defendant's driver's license for between six months and two years.

The conditional discharge period is also between one year and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed. If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory.

CONCLUSION

         Narcotics and Drug related offenses carry substantial penalties which will effect your client for the rest of his life. The space limits of this article do not allow detailed explanation of the extensive caselaw on Narcotics.  Drug law and other defenses are  explained in greater details in other articles on www.njlaws.com.

Good luck!

PRE-TRIAL INTERVENTION TO DISMISS CRIMINAL CHARGES

PRE-TRIAL INTERVENTION TO DISMISS CRIMINAL CHARGES

By Kenneth A. Vercammen, Esq.

  

         Under New Jersey Criminal Statute and Court Rules, someone charged with an indictable criminal offense who has no prior indictable offenses can apply for Pre-Trial Intervention (PTI).

         This Statute permits someone under limited instances to have the prosecution stopped and enter into a probation type program.  If someone successfully completes PTI, the indictable criminal charge is dismissed.

         PTI is not available if the criminal offense is a disorderly person offense, such as simple assault, harassment or shoplifting.  For persons facing a first offense possession of marijuana charge, they can apply for a Conditional Discharge.  NJSA 2C: 36-1.  As a practical matter, in Municipal Courts, the defense attorneys sometimes can work out an agreement with the complainant in a municipal court criminal ticket to have the prosecution put on hold for six months.  If the defendant complies with a stipulated agreement, such as staying away from the complainant, after 6 months the criminal charges are dismissed.

         It is imperative for someone facing criminal charges, whether indictable or not, to immediately hire an experienced criminal attorney.  Do not rely on a real estate attorney to be familiar with recent cases affecting PTI and criminal law. 

        

         PTI should be applied for immediately with Criminal Case Management.  The Court Rules have time limits for PTI application and appeals from denial of PTI.   Procedurally, once the accused applies for PTI, a decision to accept or reject is made by the Criminal Case Manager.  If approved, then the County Prosecutor's office must approve.  Thereafter, the Superior Court Judge assigned to the case must approve the defendant.

        

         If the defendant is rejected by either the Criminal Case Manager or the Prosecutor, a timely appeal must be filed with the Superior Court Judge. 

In Practice, we recommend the client obtain letters of reference, proof of employment, a resume and other supporting documents to provide to the Criminal Case Manager.  Similar to sentencing, you want to provide any beneficial facts and papers to demonstrate the defendant is a first time offender who is unlikely to again be involved in a criminal case.

         Similar to Probation following a guilty plea or conviction, the Court can require the defendant to perform certain acts.  Typical re-trial orders direct the defendant to not get arrested, undergo drug and alcohol testing and counseling, pay restitution or perform other acts.  Non-compliance will result in dismissal from PTI.  Thereafter, the defendant must face trial on all indictable charges.

CONDITIONAL DISCHARGE OF DRUG CHARGES IN MUNICIPAL COURT

         Some people are charged with possession of small amounts of marijuana.  N.J.S.A. 2C:36A-1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under N.J.S.A. 24:21-27, 2C:43-12 or 2C:36A-1 may apply for a conditional discharge.  The court upon notice to the prosecutor and subject to 2C:36A-1(c) may, on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation,, supervised or unsupervised attendance at Narcotics Anonymous, etc.).  Since the granting of a conditional discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community.

         Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances.  For applicable caselaw on conditional discharges, see State v. Sanders, N.J. Super. 515 (App. Div. 1979), State v. Banks, 157 N.J. Super. 442 (Law Div. 1978), State v. Grochulski, 133 N.J. Super. 586 (Law Div. 1975), State v. Teitelbaum, 160 N.J. Super. 450 (Law Div. 1978), State v. DiLuzio, 130 N.J. Super. 220 (Law Div. 1974).  The defendant must be required to pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty.  The court further has the option to suspend a defendant's driver's license for between six months and two years.

         The conditional discharge period is also between six months and two years.  If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes.  The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed.  If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory.

         Drug related offenses carry substantial penalties which will effect a client for the rest of his life.  The space limits of this article do not allow detailed explanation of the extensive caselaw on controlled dangerous substances.  Members of the Bar must accept the challenge and apply their legal talents to ensure that the rights of their clients are protected.

CONCLUSION

         Pre-trial intervention is an excellent opportunity for someone to avoid a trial and conviction.  If facing criminal charges, quickly sit down with a criminal attorney to protect your rights.  If accepted into Pre-Trial Intervention, Motions to Suppress Evidence and other Motions are put on hold.