NJ Laws Newsletter by Kenneth Vercammen

KENNETH VERCAMMEN – resume and community involvement

2009-11-14T16:23:00.001-08:00

KENNETH VERCAMMEN – resume and community involvement
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.   He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2009 in NJ Monthly in the Criminal - DWI.
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. He has successfully handled over One thousand Municipal Court and Superior Court matters in the past 18 years.

Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court),with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA. He started his career as a trial attorney for Drazin & Warshaw in Hazlet and Red Bank, NJ, and Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl in North Brunswick.

ADMISSIONS: Admitted In NJ, NY, PA, US Supreme Court and Federal District Court

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, NJ 2000

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

New Jersey Super Lawyers selection 2009, 2008, 2007, 2006

Who's Who in America 2004

NJ State Bar Association- 2002 General Practitioner of the Year Award

1993 AWARD WINNER "Service to the Bar Award"- New Jersey State Bar Association YLD

RELEVANT LITIGATION SPEAKING ENGAGEMENTS:
-Criminal, DWI and Drug Cases- NJ State Bar Annual Meeting 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 01, 00, 99
-Civil Trial Practice- Middlesex Bar 2004
-Personal Injury Litigation- NJ Institute for Continuing Legal Education/ NJ State Bar
2001, 2000,1999,1998,1997,1996,1995,1994,1993,1991
-Municipal Court Handling Serious Cases ICLE/NJSBA-2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002,2001,2000,1998,1997,1995,1994
-NJ Association of Municipal Court Administrators 2002
-Edison Police Auxiliary- Search and Seizure 2002
-New Jersey Network TV- Due Process TV show 2000
-Cablevision TV- Law on the Line 2003, 2001
-Elder Law and Probate NJSBA/ ICLE 2009, 2008, 2007, 2006, 2005, 2004, 03,02,01,99,98,97,96

PUBLICATIONS:
Published 150 separate Law Review and Legal Periodical articles in legal journals such as New Jersey Law Journal, American Bar Association Barrister, New Jersey Lawyer, ABA Law Practice Management, and New Jersey State Bar Association's Dictum. Listed on www.njlaws.com.

KENNETH VERCAMMEN, ESQ.

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE
East Brunswick Adult School 2009, 2008
Middlesex County Police Chiefs 2009- Living Wills
Middlesex County College- Wills & Probate 2007
Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
- Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
-Elder Law and Estate Planning- American Bar Association New York City 2008, Miami 2007
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Hall's Corner 2002;
-Linden AARP 2002
-Woodbridge Adult School -Wills and Estate Administration -2001, 2000,1999,1998,1997,1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
-Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
-Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
-AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005
-Senior Legal Points University of Medicine & Dentistry UMDNJ & St. Peter's-2000, 1999,1998
-East Brunswick AARP Wills 2001; -Iselin/ Woodbridge AARP Wills 2000
-Metuchen Reformed Church; Franklin/ Somerset/ Quailbrook Seniors 2001
-North Brunswick Senior Day 2001
-Wills, Elder Law and Probate-South Brunswick Adult School & Channel 28 TV 1999, 1997,1993
-Wills and Estate Planning-Old Bridge Adult School 1998,1997,1995
-Senior Citizen Law-Perth Amboy YMHA 1995; Temple Beth Or 2002;
-Wills, Living Wills and Probate-Spotswood Community School 1995,1994,1993
-Wills and Probate-Sayreville Adult School 1997, 1996,1995,1994
-Living Wills-New Jersey State Bar Foundation and St. Demetrius, Carteret 1994
-Wills and Estate Planning-Edison Elks and Senior Citizens January 1994
-"Legal Questions Clinic" Metuchen Adult School March 1995,1994,1993
-Estate Planning to Protect Families-Metuchen Chamber of Commerce April 1993

SPECIAL ACTING PROSECUTOR: Woodbridge, East Brunswick, Metuchen, South Brunswick, Perth Amboy, Cranbury, South Plainfield, Clark, South River, Hightstown, Carteret, Jamesburg, Berkeley Heights on conflict matters. Past President- Middlesex Municipal Prosecutor's Association. Previous experience with the Delaware County, Pennsylvania District Attorney Office, Middlesex County Probation Department and Scranton District Magistrate Office.

Metuchen Public Defender 2001- present Edison Public Defender 1990-1991

KENNETH VERCAMMEN- Community Service

NON- PROFIT: -Edison Elks-Presiding Justice 1993- Present
-Y.B. CHOI TAE KWON DO (Korean Karate)- 4th degree Black Belt awarded 2008 3rd degree 2004 ; 2nd degree December 1993, 1st degree Black Belt December 2001
-Raritan Valley Road Runners- Comeback of the Year Award 2002 and ranked Master Distance Runner; state champion 20,000 meter team 2005

New Jersey State Age Group Champion Garden State Games 5,000 meter run 1993
-Bishop Ahr/St. Thomas Aquinas H.S. Alumni Society
Elected Vice-President 1989-1990; Class of 1977- 25 year Reunion Chair
-Edison 14th District Committeeman Elected 1988-1994
-St. Francis Cathedral- Church Lector 1990-1994
-University of Scranton, North Jersey Alumni Chapter Co-Chair, Fall Social 1988
-Knights of Columbus-Fourth Degree Knight, Edison Council
Edison NJ Essay Contest Chair 1992,1993
Metuchen Chamber of Commerce, Past member Edison Chamber of Commerce;
RUNNING:
Raritan Valley Road Runners RVRR Rumson HashHouse Harriers
Central Jersey Road Runners CJRR Jersey Shore Triathlon Club JSTC
Freehold Area Running Club FARC Scranton Area Organization Runners SOAR
Jersey Shore Running Club JSRC USATF- US Athletic Track & Field
Sandy Hook Triathlon Club First Place- Bergen Bar 5k Law Day Run May 2001 South Brunswick Running Group- President First Place- CJRR Summer 5K 2002
First Place: Cocoa Beach 2 mile 2008, 2007; Cranford Run for Lupus 4 mile 2006, JSRC Twilight run 2006. Indian Trials Middletown 3m 2005,2004; Stroudsburg 5k 2005, 2004; Wildwood 5k, Ocean Winter 4 mile, Edison Lannie 5k, 2004; Washington DC Run for Justice 5K 2002
CJRR Age group champ 2005,2004, 2002, 1996, 1995
New York Marathon top 100 NJ Finisher

ACTIVITIES: Married 1989, one son born 1991, daughter born 1994
Weekend Road Running Races, Triathlons, Soccer
Tae Kwon Do Karate

SOUTH BRUNSWICK AREA
Summer Blast/Ireland Brook Neighborhood Sponsor
So. Brunswick Soccer Asst. Coach Travel 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000, 1999, 98
So. Brunswick Athletic Assoc.-Team Sponsor and helper with son's team
So. Brunswick Viking 5k- volunteer
South Brunswick 5K running Race volunteer
So. Brunswick Bicentennial Volunteer
Neighborhood Picnic Sponsor 1998-2009
So. Brunswick 50 Mile Bike Volunteer and 50 mile Finisher
Holt for Congress Volunteer

CHARITABLE: American Cancer Society-Chairman
Annual Summer Fundraiser Picnic- 1987,88,89,90,91,92
Chairman, Annual Christmas Fundraiser- 1987,88,89,90,911,92
Recipient-Young Professionals Award-Sept. 1988, Sept. 1989
Board of Manager's - 1989-1994 Founder and Chair-Young Professionals Group

KENNETH VERCAMMEN, ESQ. Education & Awards

LEGAL EDUCATION: The Widener/ Delaware Law School, J.D., May 1985
Class Rank: Top Ten Percent
Awards: Honor Grades: Federal Income Tax, Business Organization, Criminal Law, Advanced Advocacy, Family Law, New Jersey Practice, Unfair Trade Practices, Professional Liability.
Outstanding Service Award Recipient in Graduation Ceremony
Delaware Merit Scholarship - 1983, 1984
Provincial Winner - Phi Delta Phi Legal Honor Fraternity Graduate of the Year Award
Who's Who in American Law Schools

ACTIVITIES:
Law Review- Senior Staff-Member
Harvard Journal of Law and Public Policy, Senior Editor 1984-1985
Winner - Sixth Annual Trial Advocacy Competition
First Prize - Delaware Law School/ATLA Environmental Law Essay Contest
Delaware Law Forum, Casenote Editor

Working Scholar- Hon. Philip Gruccio, Assignment Judge of Atlantic, Cumberland, Cape May, Salem Counties
Association of Trial Lawyers of America, Delaware Chapter Treasurer
Law School Running Club - President
Research Assistant - Dean Arthur Weeks
Publications- Published in Law Review and wrote more articles than 75% of law faculty members

PRELEGAL EDUCATION: University of Scranton B.S., January 1981
Major: Political Science: Graduated Cum Laude in 3-1/2 years
Honors:
- Cited in Who's Who in American Colleges and Universities;
- Dean's List; Pi Gamma Mu Honor Society; Pi Sigma Alpha Honor Society.
- Varsity Cross- Country - Team Captain and Record Holder of Indoor Half-Mile
- District Magistrate Thomas Hart- Paid Law Clerk/ Executive Assistant
- Pre-Law Society Public Relations Director
- Voter Registration Drive Coordinator
- Internship with Pa. Representative Hon. Fred Belardi
- School Newspaper Staff and Sportswriter
- WYRE radio station sports caster
- 3rd Place Wrestling Tournament
- Campus Bowl Intellectual Competition (Team Captain)
- Trustee Day Volunteer, Red Cross Blood Drive Volunteer
- Senior Class - Hard Rockers Social Committee Chair
-Alumni Society-Estate Planning Council 1997-Present
- Class of 1981 20 year Reunion Executive Committee member 2001 -25 Year Reunion Co-chair

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
The American Bar Association is the largest voluntary professional organization in the world with more than 400,000 members

AMERICAN BAR ASSOCIATION - National Appointments:

General Practice Solo & Small Firm Division
-Estate Planning, Probate & Trust Committee- Chair 2008-2009, 2006-2007
-Elder Law Committee Chair 2005- present, Vice Chair 1996-1999
- Criminal Law Committee Deputy Chair 2006-present
- Tort, Personal Injury and Insurance Committee Chair 2005- 2006
-Deputy Chair and Newsletter Editor-GP Marketing Legal Services Committee 1993 -1996
- Probate & Estate Planning Committee- Newsletter Editor & Vice Chair 1997-1999, Vice Chair 2005
-Litigation Committee Member 1993 - present

BUSINESS AND AMERICAN BAR ASSOCIATION SPEAKING ENGAGEMENTS:
-Elder Law, Estate and Probate ABA Chicago Annual Meeting
-Elder Law and Probate New York City 2008 Annual Meeting
- Improving Your Elder Law & Estate Practice San Francisco, CA 2007
-Elder Law and Estate Planning- ABA Miami 2007
-Elder Law Practice, New Ethical Ideas to Improve Your Practice for Clients ABA Hawaii 2006
-Marketing Success Stories ABA Toronto 1998
-Opening a Business-Sayreville Adult School 1997,1996,1995
-Olympians of Marketing- ABA Annual Meeting-Orlando, Florida 1996
-Unique Marketing Techniques & Client Relations III ABA Annual Meeting-Chicago 1995
-Starting a Business-Brooklyn Bar Association 1995,1994
-Personal Marketing & Relations - 1995 Miami ABA meeting LPM Personal Marketing Skills IG
co-sponsored by four Major National Bar Sections and committees
-How to Start a Practice-1994 New Orleans ABA Annual Meeting LPM primary sponsor
-1993 New York Annual Meeting "Marketing for Small Firms"

LAW PRACTICE MANAGEMENT SECTION ABA- LPM
-Co-Chair with Jay Foonberg-ABA LPM Personal Marketing Skills Group 1998,1997,1996,1995,1994
-Speaker at many ABA Annual Meetings
-National Liaison and ex-officio member of Law Practice Management Section Council 1993 - 1995
-National Chair - Law Practice Management Committee YLD 1992-1993
-Chair and Newsletter Editor-Marketing Legal Services Committee 1996-1997,1999-2000
ABA Attendance at Leadership Conferences and participation at following Annual and Sectional meetings: Chicago 2009, New York 2008, Philadelphia GP 2007, San Francisco 2007, Washington GP 2007, Miami 2007, Hawaii 2006, Philadelphia LPM 2005; Washington DC 2002; Philadelphia 2002; London 2000, New York 2000, Atlanta 1999, Beverly Hills 1999, Cancun LPM 1998, Naples-LPM 1997; Captiva 1996, Orlando 1996, Coronado LPM 1995, Chicago 1995, Miami 1995, Washington D.C. GP 1995, Vancouver LPM 1995, New Orleans 1995, Napa, CA LPM 1994, Colorado LPM 1993, New York 1993, Boston 1993, San Francisco 1992, Cleveland GP 1992, Scottsdale AZ 1991, Los Angeles 1990, Hawaii 1989, Philadelphia 1988, Toronto 1988, New York City 1986, Washington DC 1985

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
New Jersey State Bar Association- Municipal Court Section Chair 2003-2004, Vice Chair 1999-2002; Chair of Municipal Court Education Committee 1996-Present
Middlesex County Bar Association Chair Municipal Court Practice Committee 1997-2008
County Bar Board of Trustees 2000- 2006

New Jersey State Bar Association -General Practice Section-Board of Directors 1995- Present

ADJUNCT PROFESSOR Middlesex County College
Edison, NJ February, 2001-April, 2001; Jan. 1990-May, 1991
Instructor of "Criminal Law and Procedure" and Business Law. Taught college students the elements of crime and the criminal procedure system. Explained the incidents before and after trial and analyzed the impact of the Constitution on crimes and criminal procedures.

New Jersey Superior Court - Certified Mediator 1997-

New Jersey Supreme Court Committee on Municipal Courts 2000-2005

Other Speaking
-Update of Municipal Court-NJSBA Annual Meeting Atlantic City 1999,1997, 95, 94
- Cranbury Twp Municipal Alliance Against Substance Abuse 2004, 2002
-ATLA-NJ - New Jersey Courts 1991
-Intoxicated Driver Resource Center/IDRC - DUI Law 1999, 1991
-Preventing the Impaired Driver-Coalition Against Impaired Drivers 1992
-Winning Lawsuit Threshold Cases NJSBA 1992
-WCTC Radio Mid-Day Legal Advisor - Criminal and Traffic Laws 1991 and 1990
-Computers in Litigation-NJSBA Law Office Management 1994
-Self Defense Law in New Jersey - Cranbury Police Dept. 1997,1993,1992

Self Defense and Home Protection - Speaker - New Brunswick Crime Watch - 1989
-Wills and Power of Attorney 1991 Edison Democratic Association
Defending Speeding Cases - New Jersey State Bar Association/NJSBA - 1989
-Family Law & Domestic Violence Trial Practice NJ State Bar Association 1995,1994,1993
-Automobile Insurance - Middlesex County College - 1990
-Criminal & Juvenile Courts Piscataway Vo Tech – 1990
-Living Wills-Dean Witter and Nordstroms, Menlo Park Mall October 1992; Trusts and Living Wills-Dean Witter, Metro Park, June 1992; Estate Planning-North Brunswick Republican Club May 1992;

Make a Wish Foundation- Co Chair 19th Annual Summer Blast 1994 in Belmar, NJ
Co Chair Christmas Fundraiser 1993
Jersey Shore Medical Center Chair-18th Annual Summer Blast to Benefit the Jersey Shore Regional
Trauma Center at Bar Anticipation, Belmar 1993
American Red Cross Elected to Board of Directors 1988-1991

NJ Laws Email Newsletter E317

2009-10-26T13:46:00.000-07:00

NJ Laws Email Newsletter E317
Kenneth Vercammen, Attorney at Law

October 14, 2009

In This Issue:
Recent Important Cases:
1. Mirror Obstruction Should Obstruct Driver's View for Violation.
2. After Bail and Released, Police Could Question Defendant.
3. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
4. Community Events Reminder

RECENT IMPORTANT CASES:

1. Mirror Obstruction Should Obstruct Driver's View for Violation. State v. Barrow
408 NJ Super. 509 (App. Div. 2009)
A police officer stopping a motor vehicle for violating N.J.S.A. 39:3-74 must provide
articulable facts showing that he or she reasonably believed that an object hanging
from a rearview mirror obstructed the driver's view.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. After Bail and Released, Police Could Question Defendant. State v. Wessells
408 NJ Super. 188 (App. Div. 2009)
In this appeal the court holds that, pursuant to both the federal and New Jersey
Constitutions, a person who has asserted the right to counsel during a police custodial
interrogation and is subsequently released may be interrogated again if the break
in custody afforded a reasonable opportunity to consult an attorney.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
State v. Nunez-Valdez 200 NJ 129 (2009)
There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Community Events Reminder:

Saturday, October 17, 2009
9:00 AM to 12:30PM

Magic Show 2
Location: Broadway Theatre
For More Information Contact the Gloucester County Bar Association at phone number:
856-848-4071or Visit Website:
Magic Show 2 [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.gcbanj.org%2Fseminareventcalendar.html&id=preview]
Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.njicle.com%2Fdirection.aspx%3Flcid%3D126&id=preview],
Mt. Laurel
Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.njicle.com%2Fdirection.aspx%3Flcid%3D125&id=preview],
Edison (Raritan Center)
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Monday October 19 7 - 8:30 P.M.
WILLS, PROBATE AND ELDER LAW-
Adult and Community Education
East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Fee: $29
For additional information, call the East Brunswick Adult Education Office for registration
information 732- 613-6989 Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr.
Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NJ Laws Email Newsletter E318

2009-10-26T13:16:00.000-07:00

NJ Laws Email Newsletter E318
Kenneth Vercammen, Attorney at Law

Happy Halloween Week!

October 27, 2009

In This Issue:

1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the
Criminal Law- DWI section

RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
3. Police Can Arrest Juvenile if Curfew Violation and No ID.
4. Connect with us on Facebook Social Networking Websites for People and Businesses.
5. If You Are Hurt On The Job, We Can Help.

1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the Criminal Law- DWI Section for the Second Year in a Row.

Of over 79,000 attorneys in New Jersey, only three were selected as Super Lawyers
in the Criminal Law- DWI category.

HOW SUPER LAWYERS ARE SELECTED
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers.

http://www.njlaws.com/superlawyer.htm [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation. State v. Nunez-Valdez 200 NJ 129 (2009)

There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Police Can Arrest Juvenile if Curfew Violation and No ID. State in the Interest of R.M. 408 NJ Super. 304 (App. Div. 2009)

A juvenile who is found on the streets in violation of a municipal curfew ordinance
and is unable to produce any identification may be arrested and detained until identification can be produced and the juvenile released to the custody of his or her parents.

A juvenile who is arrested for a curfew violation may be searched incident to that
arrest before being transported to police headquarters.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Connect with us on Facebook Social Networking Websites for People and Businesses

Kenneth Vercammen was a speaker for the American Bar Association at the Defending
Internet Related Crimes Seminar at the ABA Annual Meeting in Chicago July 31st and
with Jay Foonberg of Beverly Hills for Estate Planning & Probate on August 1st.
A newer way to connect with friends and other business owners is become active in
online social networking websites. At the American Bar Association Annual meeting
the ABA Elder Law Committee of the GP Solo Division included details in this program
which also looks at online social networking.

Visit some of the below Social networking site for ideas. These are examples of
Ken Vercammen's profiles:

1. Facebook:
http://www.facebook.com/kenneth.vercammen?ref=name [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]

2. Linkedin.com:
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3. Myspace:
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4. Twitter:
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5. Meet the Elite:
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6. Google:
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7. Flickr:
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8. Justia Lawyer Directory:
http://lawyers.justia.com/lawyer/mr-kenneth-albert-vercammen-esq-1171249/ [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Flawyers.justia.com%2Flawyer%2Fmr-kenneth-albert-vercammen-esq-1171249%2F&id=preview]

9. Yahoo:
http://profiles.yahoo.com/u/6YPJGM66VRJ5DJ2JFG5N6YEV3Q [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fprofiles.yahoo.com%2Fu%2F6YPJGM66VRJ5DJ2JFG5N6YEV3Q&id=preview]

10. JD Supra:
http://www.jdsupra.com/profile/KennethVercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.jdsupra.com%2Fprofile%2FKennethVercammen&id=preview]

11. Avvo Legal rating:
http://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html?edit=true [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.avvo.com%2Fattorneys%2F08817-nj-kenneth-vercammen-571594.html%3Fedit%3Dtrue&id=preview]

12. Athlinks: Running Race Results:
http://www.athlinks.com/racer.aspx?rid=23481836 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.athlinks.com%2Fracer.aspx%3Frid%3D23481836&id=preview]

13. Lawlink:
http://www.lawlink.com/profile.aspx?networkProfileId=3841 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.lawlink.com%2Fprofile.aspx%3FnetworkProfileId%3D3841&id=preview]

14. Delicious:
http://delicious.com/kenvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fdelicious.com%2Fkenvercammen&id=preview]

15. ActiveRain:
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16. Spoke:
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17. Eons NJLaws Newsletters & Legal Seminar Photos:
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18. Legally Minded- ABA
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Kenneth Vercammen Video sites:

V1. YouTube:
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V19. Motionbox:
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V23. StumbleUpon:
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V24. Crackle:
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TubeMogul:
Others cannot view profile unless they have account themselves.
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5. If You Are Hurt On The Job, We Can Help

On the job injuries are common. If you have an injury or illness due to your job,
you may be entitled to receive money under workers' compensation laws.

If you are hurt on the job or suffer a job-related illness, call us to find out
about obtaining workers' compensation benefits. They can be vital in providing for
your medical care and the care of you and your family while you are not working.

Call promptly so you do not risk losing benefits because you waited too long. Don't
get hurt twice, let us help you get the maximum award you deserve.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr. Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.

NJ Laws Email Newsletter E316

2009-10-13T08:32:00.000-07:00

NJ Laws Email Newsletter E316 Kenneth Vercammen, Attorney at Law

October 7, 2009

In This Issue:

Recent Important Cases:

1. Condo Parking Garage is Quasi-public for Refusal Violation.

2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance

for Another Underage Person who has Consumed Alcoholic Beverages.

3. Community Events

4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning

5. Wills, Probate and Elder Law-- Adult and Community Education

6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a Discussion on the Newly Released Court Rules

7. Next Non-Profit Races

8. Recent NJ Laws Tube on YouTube

RECENT IMPORTANT CASES:

1. Condo Parking Garage is Quasi-public for Refusal Violation. State v. Bertrand ___ NJ Super. ___ (App. Div. 2009) A-2378-07T4 Defendant's conviction for refusing to provide breath samples, N.J.S.A. 39:4-50.2, is affirmed. The parking garage of a high-rise condominium that held 354 cars, and the use of which was restricted to residents of that building, constituted a "quasi-public area" for purposes of the statute.

2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance for Another Underage Person who has Consumed Alcoholic Beverages. Governor Jon S. Corzine signed ACS for A-3160/S-2748 which grants immunity to certain underage persons for unlawful possession or consumption of alcoholic beverages. This is an amendment to NJSA 2C:33-15 that will provide statutory immunity to certain individuals who consume alcoholic beverages while under the legal age to do so. This law establishes "9-1-1: Lifeline Legislation," to grant immunity to underage drinkers who unlawfully consume or possess alcoholic beverages, whether on public or private property, if they call for medical assistance for another underage person who has consumed alcoholic beverages. The law also provides immunity to an underage person who receives such medical assistance. NJSA 2C:33-15 generally prohibits either the consumption or possession of an alcoholic beverage by a person under the age of 21. Under current law, a person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage on public property is guilty of a disorderly persons offense. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. If the offense is committed in a motor vehicle, the offender's driver's license is also suspended for six months. Current law also authorizes municipalities to enact ordinances to make it an offense for underage persons to possess or consume alcoholic beverages on private property. A violation of such a municipal ordinance is punishable by a fine of $250 for a first offense and a fine of $350 for subsequent offenses. The court also may suspend the offender's driver's license for six months. Under the new law, an underage person and one or two other persons are immune from prosecution under these underage drinking laws if: (1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption; (2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator; (3) the underage person was the first person to make the 9-1-1 report; and (4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. The law also provides immunity for the underage person who receives medical assistance. (Sponsors Angelini,Johnson, Bramnick,Evans/S. Kean,Girgenti)

3. Community Events: Metuchen Fair rescheduled to: October 10, 2009 10am-4pm

4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning WHEN: Wednesday, October 14, 2009 TIME: 12:15-1:00 PM WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison, NJ Invited: CPA's, Financial Planners, Insurance Producers, Nursing Home Administrators, Hospital and Nursing Home Social Workers, Medicaid Workers, Office on Aging Personnel, Senior Club Presidents, and Accountants The cost for this program previously at Middlesex County College was $29.00. If you email back prior to October 10 you can attend for free. COST: Free if you pre-register. This program is limited to 15 people Complimentary Sandwiches to pre-registered persons at 12:10 SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)

5. Wills, Probate and Elder Law-- Adult and Community Education WHEN: Monday October 19 7 - 8:30 P.M. WHERE: East Brunswick Adult & Community Education Program, East Brunswick High School, Cranbury Rd COST: $29 For additional information, call the East Brunswick Adult Education Office for registration information at 732-613-6989. INSTRUCTOR: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate) COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. 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 the state law. Topics covered by author of "Answer to questions about Probate" will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions. Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website: www.CentralJerseyElderLaw.com [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.centraljerseyelderlaw.com%2F&id=preview]. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to: Kenv@njlaws.com.

6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a discussion on the newly released court rules. Monday, October 26, 2009; 6:00PM to 9:30PM Sheraton Edison, Edison (Raritan Center) Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Section Gain a thorough understanding of Municipal Court practice, procedure, & recent developments; Criminal Case Law and Legislative Update The Prosecutor's Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Judicial Perspective : Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff; New Court Rules Recent developments in traffic law, merged traffic tickets and more DWI and Chun A special Q&A session: Ask the Experts Speakers include: KENNETH A. VERCAMMEN, ESQ. Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee K. Vercammen & Associates (at Mt. Laurel & Edison) HON. ROBERT J. ZANE, III, PJMC (Camden) (at Mt. Laurel) WILLIAM G. BRIGIANI, ESQ. (at Mt. Laurel & Edison) ROBERT A. GLEANER, ESQ. Prosecutor in Audubon and Stratford (Camden County) (at Mt. Laurel) JOHN MENZEL, ESQ. (at Mt. Laurel & Edison) HON. JOHN J. COYLE, JR. JSC (Belvidere) (at Edison) HON. JOAN ROBINSON GROSS, PJMC (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) NORMA M. MURGADO, ESQ. Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge)

7. Next Non-Profit Races If you are attending, call Ken V to car pool from East Brunswick area.

October 11, 2009 Deal 5 miler 5k Deal hot dogs & free beer October 18, 2009 Sunday East Brunswick 1pm 5k & 10k RVRR Well run event Road closed to traffic www.ebrr.org [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.ebrr.org%2F&id=preview] October 25, 2009 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run -- discount beer November 1, 2009 Viking 5K, South Brunswick November 8, 2009 Cocoa Beach Florida 2 mile [Ken V is defending champion] November 21, 2009 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer November 27, 2009 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am November 29, 2009 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event with Race Director: Dave Z. Free food and discount beer at Outback December 6, 2009 Arthritis 5k Metuchen

8. Recent NJ Laws Tube on YouTube: Simple Assault and Aggravated Assault: Simple Assault and Aggravated Assault YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview] Self Defense Law and Defense Against Assault Charges: Self Defense Law and Defense Against Assault Charges YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview] Back & Neck Injury in Accident: Back & Neck Injury in Accident YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dlh5bZjFP1fY%26feature%3Dchannel_page&id=preview] Prohibited Weapons & Possession of Weapons for Unlawful Purpose: Prohibited Weapons & Possession of Weapons YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DHwJlayuLEEw%26feature%3Dchannel_page&id=preview] Conspiracy 2C:5- 2: Conspiracy 2C:5-2 YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D13_DFORQY0c%26feature%3Dchannel_page&id=preview] Theft of Movable Property 2C:20-3: Theft of Movable Property YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DB4dl-4h-ris%26feature%3Dchannel_page&id=preview] Law on Refusal to provide breath samples after arrested for DWI/DUI: Refusal DWI/DUI YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dl1uh1Ahyevs%26feature%3Dchannel_page&id=preview] Speeding and Radar: Speeding and Radar YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DtdVk8nmJJis%26feature%3Dchannel_page&id=preview] PTI Pre Trial Intervention to Stop and Dismiss Criminal Charges: PTI Pre Trial Intervention to Stop and Dismiss Criminal Charge YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DQfkLbQ-GgUY%26feature%3Dchannel_page&id=preview] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Thank you for reading our newsletter! God Bless America USA #1

NJ Laws Email Newsletter E315

2009-10-13T07:33:00.000-07:00

NJ Laws Email Newsletter E315

Kenneth Vercammen, Attorney at Law

September 23, 2009

In This Issue:

1. If Emergency Call, Police Can Enter and Seize Item in Plain View.

2. School Officials Cannot Search Child's Underwear for Drugs.

3. Judge Can Suspend DL for Traffic Offense.

4. MotionFor Termination of Child Support UponEmancipation in New Jersey.

5. Next CommunityEvents and Races.

IMPORTANT CASES:1. If Emergency Call, Police Can Enter and Seize Item in Plain View. State v. O'Donnell408NJ Super. 177 (App. Div. 2009)Evidence observed in plain view during a police entry into a residence to provideemergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officersresponsible for processing the crime scene

2. School Officials Cannot Search Child's Underwear for Drugs. Safford Unified School. Dist. No. 1. v. Redding 129 S.Ct. 2633 (2009)In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the searchof Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear

3. Judge Can Suspend DL for Traffic Offense. State v. Moran 408 NJ Super. 412 (AppDiv. 2009)The Court rejects the constitutional challenges to N.J.S.A. 39:5-31, which authorizes,without standards or limits, driver's license suspensions for willful motor vehicle violations.

4. Motion for Termination of Child Support upon Emancipation in New JerseyChild support is usually paid through a wage withholding garnishment at the parent'sjob. Child support orders and wage withholding continue forever against you untila 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 Divorcedecrees and Property Settlement Agreements state that child support will end uponemancipation. For example, the term "emancipation" is sometimes defined as follows:(i) The completion of the child's formal education on a matriculated basis, whetherit 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 gradesthe child shall not be considered emancipated. (ii) Upon the completion of any ofthe aforesaid segments of the child's education, and upon the failure to commencethe next segment of his education, or upon leaving school, the child shall be deemedemancipated unless failure to continue on with his education has resulted from injuryor 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.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 papersincluding 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 workingfull 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 theCounty 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 highschool. Most child support Order continue child support if the child is in collegefull time. However, don't 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 supportonly for the period of time the child was not residing at college.More information at: http://www.njlaws.com/term_of_child_support_upon_emancipation.

5. Next Community Events and Races

September 26 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park

September 26 Monroe 5k September 26 Edison Fall Festival

September 26 Jersey Shore JSRC Relay

September 27 Treasure Island Sprint Triathlon 600 meter swim,10.5-mile bike, 3 mile run, Pt Pleasant NJ

September 27 Bishop Ahr HS 5k 12 noon 1 Tingley Ln, Edison

September 27 Oysterfest Asbury Park

October 3 Metuchen Fair 10am

October 3 Sea Bright The TASTE OF SEA BRIGHT(Trolley Hop), as this event will sell out quickly.Only 1000 tickets will be sold.Eventgoers ride the trolley and hop to 20 different stopsfor samplings of food, drinks, cocktails, door prizedrawings, and incredible free giveaways!

EVENT DATE: Saturday, Oct. 3, 2009 TIME: 11:30 a.m. - 5:30 p.m.(Trolley and busses will run until 6:30)Ticket cost: $40 - ALL INCLUSIVE.Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimitedtrolley/bus rides throughout the event - and you'll even get a complimentary SBBAbackpack to carry all the goodies you'll receive from the stops on the map!On the day of the event, park in Sea Bright (designated parking areas are indicatedon your map/passport) and visit the stops in ANY order you wish , at any time between11:30 and 5:30 p.m. on the day of the event. This year, we will have a trolley and2 busses continuously loop the course, dropping you off and picking you back up at each stop. By the time you've had a complimentary drink and food sampling, thetrolley/bus will be back around to pick you up and take you to your next stop. Whereelse can you spend an entire afternoon eating, drinking, receiving free give-awaysand having fun with your friends for only $40? The event ends at 5:30 pm, but thetrolley and busses will continue to provide free transportation until 6:30 p.m.

www.visitseabright.com/taste-of-sea-bright-trolley-hop.html

October 4 Clamman Triathlon Berkeley Twp TriathlonJersey Shore Tri Club 7AM

Thank you for reading our newsletter! God Bless America USA #1

NJ Laws Email Newsletter E314

2009-09-09T14:04:00.000-07:00

NJ Laws Email Newsletter E314
Kenneth Vercammen, Attorney at Law
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September 9, 2009
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In This Issue:
1. Patriot Day Observance - September 11th Local Events
______________
Recent Important Cases:
2. Law Division Judges Say that Entire Judge King Alcotest Report was not Adopted
by Supreme Court.
3. Police May Interrogate Even if Public Defender Assigned.
4. Next Community Events and Races.
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================================================================================

NJLaws.Com LINKS
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(732) 572-0500
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Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1. Patriot Day Observance
September 11th Local Events
Metuchen Freedom Plaza 911 Memorial
Date: September 11, 2009
Time: 8:00AM
Address: Corner of Main Street and Woodbridge Avenue, Metuchen, NJ
Location: The Freedom Plaza, next to the Metuchen train station
Dedicated to: Memorial honoring residents and commuters who took the train from
Metuchen station
Type of Memorial: Clock Tower and Brick Wall with Names
Open to Public: Yes
Description: The plaques of Freedom Plaza list the names of the nearly 700 residents
of New Jersey who died in the Sept. 11 attacks, the 13 victims from Metuchen and
Edison have stars next to their names. A clock tower stands in front of the plaza,
with the names engraved on plaques set in the brick. The victims names were listed
alphabetically on purpose to show the randomness of what happened on September 11th.
_______________________________________
9-11 Memorial Run
Friday, Sept 11, 6 PM,
9/11 Memorial Run,
Ocean Ave and 16th Avenue by Dunkin Donuts, Belmar, NJ
Come out to honor all who lost their lives on that tragic day. About 4 - 5 Miles.
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Recent Important Cases:
2. Law Division Judges Say that Entire Judge King Alcotest Report was not Adopted
by Supreme Court. State v. Coppola ___NJ Super.___ Law Div. Camden Cty. 14-3-4513
On Sept. 6, 2006, Giovanni Coppola appeared before Hon. Robert Zane, J.M.C., in
Merchantville, and entered a guilty plea to violating N.J.S.A. 39:4-50. The guilty
plea was entered with the caveat of a Chun stay. Following the Supreme Court's holding
in Chun, the defendant sought to withdraw his guilty plea on the grounds that Chun
adopted Special Master King's report, which stated that higher scrutiny must be
given to cases where the Alcotest results are at the threshold levels (.04, .08,
or .10). The court found that the special master's report was only adopted as modified
within the Chun opinion and that the Chun opinion found that the Alcotest was reliable.
The Trial Judge held that the Chun holding did not adopt King's report in toto and,
as such, a per se violation remains a per se violation. The purpose of the per se
violation is to prevent pretextual defenses where the defendant has been found to
be at or above the threshold blood-alcohol limit. The court held that the Chun decision
did not open the door for pretextual defenses and no additional scrutiny must be
given to threshold level cases.
[Decided April 30, 2009.]
Source: Daily Briefing July 13, 2009
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3. Police May Interrogate Even if Public Defender Assigned. Montejo v. Louisiana
129 S. Ct. 2079 (2009)
Michigan v. Jackson, which forbids police from initiating interrogation of a criminal
defendant once he has invoked his right to counsel at an arraignment or similar
proceeding, is overturned.

Source: New Jersey Law Journal June 1, 2009.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Next Community Events and Races

9/12 Brendan Vercammen's 18th Birthday
9/12 Cranbury Day 5k 9am
9/12 South Brunswick Varsity Soccer at South Brunswick H.S.
9/12 Brielle 10k 9am & beer garden
9/12 Vice Versa Sprint Tri Run 3.5 miles, Bike 12 miles, Swim ¼ mile
9/13 Great Atlantic Triathlon Seaside Triathlon 7am
http://www.jsmultisport.com/race_seaside_heights_091309.shtml [http://rs6.net/tn.jsp?t=7npj45cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.jsmultisport.com%2Frace_seaside_heights_091309.shtml&id=preview]
9/13 JSRC Picnic at Monmouth Park Racetrack
9/13 Monmouth County Sprint Triathlon 1/4mi Sw, 13mi Bi, 4mi Run, 8am Seven
Presidents Park Long Branch NJ
9/13 USATF-NJ Open and Masters Men's & Women's 5k XC Championships, Holmdel
Park, Holmdel, usatfnj@usatfnj.org, 973-334-8900
9/ 19 The Rat Race-Fall 10 mile trail , 11am Hashing & free beer
9/20 Lavallette Sprint triathlon Swim ¼ mile, Bike 12 miles, Run 3.1 miles
Boy Scout Troop #22 Jesse W. Anderson Sprint
9/20 "War at the Shore" Triathlon Short course .4k swim, 8.5 mile bike, 3 mile
run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch
NJ

NJ Laws Email Newsletter E313

2009-09-09T14:03:00.001-07:00

NJ Laws Email Newsletter E313
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

August 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In This Issue:
Recent Important Cases:

1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.

2. Refusal Stands Even if Driver Does Not Understand English.

_____________________

3. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen.
4. New Legal Videos on YouTube.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================

NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Recent Important Cases:

1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
State v. Bogan 200 NJ 61 (2009)
The police officer's warrantless entry into an apartment for the purpose of taking
the telephone from an unattended child to speak with his parent was justified by
the community caretaking doctrine because the officer had a duty to identify a
responsible adult for the child and to ensure his safety. Because the officer
was lawfully on the premises when he observed in plain view defendant, who fit the
suspect's description, he had a right to direct his fellow officers to question
defendant. Defendant's Mirandized statements in response to questioning were properly
admitted at trial.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Refusal Stands Even if Driver Does Not Understand English. State v. Marquez
408 NJ Super. 273 (App. Div. 2009)
The police have no constitutional obligation to translate into Spanish the standard
statement under the breath-test refusal statute, N.J.S.A. 39:4-50.2(e), to a licensed
New Jersey driver arrested for drunk driving who does not understand English. The
court reaffirms the Law Division's holding in State v. Nunez, 139 N.J. Super. 28,
32-33 (Law Div. 1976), that no such translation is required. However, we recommend
that, as an administrative matter, the Motor Vehicle Commission prospectively consider
having the standard statement translated into Spanish and perhaps other prevalent
foreign languages.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Fun Upcoming Running Races 2009, selected by Kenneth Vercammen.
August 29, 2009
Ray Licata Long Branch Ocean Mile Swim
1 mile, & 100 yards for kids,
Long Branch, NJ 8:00AM
August 30, 2009
CJRR Fall Classic
Cranford, NJ 8:30AM
Also, August 30, 2009
RVRR Picnic
September 6, 2009
Jimmy D 5k
New Brunswick, NJ 9:00AM free beer
Also, September 6, 2009
Woodbridge 5k
Woodbridge, NJ 9:00AM
September 7, 2009
South Plainfield 3m
South Plainfield, NJ
Also, September 7, 2009
Monday Pier House 5k
September 12, 2009
Cranbury Day 5k
Cranbury, NJ 9AM
September 13, 2009
Seaside Triathlon 7am
Also, September 13, 2009
JSRC Picnic at Monmouth Park Racetrack
If you are attending any of these races, please call or email Ken V. Often we car
pool or meet at these events. If you can't run, you can volunteer, or walk the course.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. New Legal Videos on YouTube.

Self Defense Law and Defense Against Assault Charges [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview]

Assault Simple Assault and Aggravated Assault [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview]

DWI Questions on Field Sobriety Tests and Arrest [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DVSRBgROA0RU%26feature%3Dchannel&id=preview]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial Assistance of this email newsletter was provided by Chase Smith. Mr. Smith
is currently participating in Kenneth Vercammen's Summer Internship Program. Mr.
Smith is hoping to become a criminal attorney in the near future.

NJ Laws Email Newsletter E312

2009-08-12T14:23:00.000-07:00

NJ Laws Email Newsletter E312
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

August 12, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In This Issue:
1. Thank you attendees 50th Birthday Party

Recent Important Cases:

2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case.
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test.
4. Miranda Violation cannot be Asserted by Co-defendant.

5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================

1. Thank you attendees 50th Birthday Party

I thank the numerous friends who attended the 50th Birthday Party for Ken Vercammen
& Jim Capraro. I was honored that so many relatives and neighbors could attend.

We enjoyed sharing stories of great achievements such as winning the Tug-of-War
Championship with Steve Vercammen, Chris Knigge and Greg Halpin.

This party also celebrated my 20 year wedding anniversary with Cynthia. I enjoyed signing "The Wanderer" with groomsmen Mike Sydor, Lance Tkacs, Mike Brennan and Gordon Chin. It was good to see original 1975 summer blast attendee Bob "Huey" Dillon and also Scranton great Young Ray Miller. Numerous prominent attorneys and public officials attended.

Athletes from the Raritan Valley Road Runners RVRR and Jersey Shore Running Club
entertained the neighbors with great, and not as great, karoake singing. A new record was set with 14 people in the Hot Tub. The bottles and gifts received will
be put to good use at future parties.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Recent Important Cases:

2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz
v. Mass 129 S.Ct. 2527 (2009)

Defendant's drug conviction is reversed, where the trial court's admission of the
prosecution's certificates by laboratory analysts, stating that material seized
by police and connected to Defendant was cocaine of a certain quantity, violated
petitioner's Sixth Amendment right to confront the witnesses against him.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test. State v. Filson___ NJ Super. ___ (Law Div. 2009)

In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew.

What suffices as observation must be determined in view of the observation requirement's purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.

Source: New Jersey Law Journal July 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Miranda Violation cannot be Asserted by Co-defendant. State v. Baum 199 NJ 407
(2009)

Defendant Jermel Moore's motion to suppress evidence found during a warrantless
search of the vehicle in which he was riding should have been denied because he
did not have standing to argue that the driver's right against self-incrimination
was violated and because the search was not unreasonable.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen

Three races in one morning:
8/15 Long Branch Sprint Triathlon Series-
Aug 16 400 mtr swim, 9.5 mile bike,

3 mile run 6:45am
Long Branch NJ Sandy Hooker Event

8/15 Bradley Beach 5k 8:30am

8/15 Rumson Hash Monmouth Park Trail run 10:17am

also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles
Jersey Shore Tri Club

If you are attending any of these races, please call or email Ken V. Often we car
pool or met at these events. If you can run, you can volunteer, or walk the course.

NJ Laws Email Newsletter E311

2009-07-22T14:31:00.000-07:00

NJ Laws Email Newsletter E311
Kenneth Vercammen, Attorney at Law

July 22, 2009

In This Issue:

1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver.

2. Next Community Events

3. Recent Video Legal Podcasts
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links

Greetings!
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver. State v. Kesavan (App. Div.) decided May 26, 2009 05-2-3928 Unpublished

Defendant appeals from his de novo conviction for refusal to submit to a breathalyzer and leaving the scene of an accident. Defendant is not a native speaker and does not appear on the record to be particularly fluent in English. Defendant was not asked if his plea was being made voluntarily or whether he was being forced or coerced. No testimony was taken to establish defendant's knowing, intelligent and voluntary waiver of his right to a trial. Nothing in the record establishes an adequate factual basis. Accordingly, the appellate panel vacates the guilty pleas and remands the matter for trial.

Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Next Community Events

July 25, 2009 Parker House 2 mile Fun Run
2 mile Sea Girt - Free Beer
_______________________________________

July 26, 2009 Jersey State Triathlon USAT
Sanctioned Mercer County Park
_______________________________________

July 29, 2009
Annual Client Lunch & Probate Seminar

Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."

WHEN: Wednesday, July 29th 12:30-1:15PM

WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor

You must RSVP to: Kenvnjlaws@verizon.net

Space is limited to fifteen people.

_______________________________________

Defending Internet Related Crimes Program

Friday, July 31 8:30AM to 10:00AM
General Practice, Solo and Small Firm

All Presidential CLE Centre Programs will be held at the Hyatt Regency Chicago.

For ABA registration, contact CDS/ Travel Planners at 800-915-9801

Elder Law, Estate Planning & Probate -
New ideas to expand & excel your practice

Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago
ABA Annual Meeting

Speakers:
Jay Foonberg, Esq.
Author of Best Sellers "How to Start and Build a Law Practice" and "How to get and keep good clients",
Beverly Hills, CA

Kenneth A. Vercammen, Esq.
co-author "Nuts & Bolts of Elder Law",
Edison, NJ

Deborah Cole, Chicago
Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
3. Recent Video Legal Podcasts

Domestic Violence Defense
http://www.youtube.com/watch?v=HBLVlKyqPIg&feature=channel_page

Hit & Run Accidents and Money Damages for Injured Persons
http://www.youtube.com/watch?v=38GEk761-BI&feature=channel_page
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

NJ Laws Email Newsletter E310

2009-07-17T12:21:00.000-07:00

NJ Laws Email Newsletter E310
Kenneth Vercammen, Attorney at Law

July 17, 2009

In This Issue
_______________

1. Erase & Hide Criminal Arrests

Recent Important Cases...

2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness.

3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year.

4. Annual Client Lunch and Probate Seminar

5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.

6. Termination of Child Support upon Emancipation in New Jersey

7. Edison Community Pool Memberships Available for Summer 2009.

Greetings!
1. Erase & Hide Criminal Arrests

Attention individuals with criminal arrests from their past. Legally erase criminal arrests. If someone had been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.

Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all Expungements is held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases are finished.

When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
Recent Important Cases:
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness. Rivas v. Colon (App. Div.) decided Feb. 9, 2009 20-2-2707 Unpublished.

The final restraining order entered in this domestic violence action is vacated, the temporary restraining order is reinstated, and the matter is remanded for retrial since the procedure followed by the trial judge - including no mention of defendant's right of cross-examination or to call witnesses and the recitation of the allegations of the complaint by the judge without testimony by plaintiff - violated defendant's right to due process.

Source: N.J.L.J. Daily Briefing - 02/10/2009
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year. Olsvary v. New Jersey Motor Vehicle Commission (App. Div.) decided April 29, 2009 05-2-3670 Unpublished

Appellant appealed from a final decision of the Motor Vehicle Commission (MVC) that denied her request for an administrative hearing and upheld the suspension of her New Jersey driving privileges following her plea of nolo contendere to a Florida charge of driving while intoxicated. Pursuant to the Interstate Driver License Compact, the Florida conviction was transmitted to the MVC. Appellant mistakenly believed her New Jersey driving privileges were suspended contemporaneously with her Florida privileges. The appellate panel affirmed, finding no due process violation in the agency's failure to conduct an administrative hearing where appellant presented no disputed issues of material fact when requesting a hearing.

Source: 196 N.J.L.J. 336
4. Annual Client Lunch and Probate Seminar

Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."

WHEN: July 29, 2009 12:30-1:15PM

WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor

You must RSVP to Kenvnjlaws@verizon.net. Space is limited to fifteen people.
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party

Saturday, July 18 5pm- 11pm

Could the legendary giant elephant appear for elephant rides?

Friends for 50th birthday party should RSVP to kenvnjlaws@verizon.net.

6. Termination of Child Support upon Emancipation in New Jersey

Child support is usually paid through a wage withholding garnishment at the parent's 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.
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 Orders continue child support if the child is in college full time. However, don't 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.
7. Edison Community Pool Memberships Available for Summer 2009.

The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2009.

Facilities: The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.

Dates and Hours of Operation: The Edison Community Pool will open Beginning , June 19, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day, September 1.

Membership Type:
(Proof of age may be required at the discretion of YMCA management)

2009 Pool Fees

Family: $345.00

Family Plus: $399.00
Same as above plus one additional person who permanently resides with the family (grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual: $189.00
10 years or older
Senior Citizen: $130.00
Any resident over 65 years of age
Senior Couple: $210.00
2 senior citizens over 65 years of age residing in a single residence
Active Edison Elk #2487 Lodge Members: 20% discount and Metuchen Branch YMCA members are entitled to a 10% discount. Valid membership cards are required to receive an in-person discount at time of registration.

For more information, stop by any operating day during the pool season.

For more information call the YMCA at 732-548-2044.

Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

NJ Laws Email Newsletter E309

2009-07-01T14:00:00.000-07:00

NJ Laws Email Newsletter E309
Kenneth Vercammen, Attorney at Law

July 1, 2009

In This Issue
_______________

Recent Important Cases...

1. Idling While Drunk is not DWI.

2. Harassment Required Proof of Intent to Alarm or Annoy.

________________

3. Upcoming Events:
Belmar Five Mile Run - New Team Competition. Need Team Members.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links

Greetings!

School's Out. Now is the time to prepare your Will and do Estate Planning prior to traveling on vacation. Please call our office today to schedule an appointment.
Recent Important Cases...

1. Idling While Drunk is not DWI. State v. Putz (App. Div.) decided May 26, 2009 Docket 05-2-3929 Unpublished

Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed.

Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Harassment Required Proof of Intent to Alarm or Annoy. State v. DeGiulio (App. Div.) decided May 20, 2009 14-2-3889 Unpublished

Where defendant was charged only with violating N.J.S.A. 2C:33-4(c), the judge erred in sua sponte amending the complaint to include violations under 4(a) and 4(b) and defendant's convictions for harassment under the latter two provisions are reversed. His conviction under 4(c) must be reversed as the State failed to prove a course of alarming conduct or of repeatedly committed acts done with the purpose to alarm or seriously annoy his ex-wife. His conviction for contempt under N.J.S.A. 2C:29-9(b) for knowingly violating the terms of the FRO previously entered against him is also reversed since there was no evidence of a harassing communication with his ex-wife nor did he commit an act of domestic violence against her when a near collision occurred when they both pulled their cars out of their parking spaces at the same time during a parenting exchange.

Source: NJ Law Journal 196 NJLJ 553 May 25

3. Upcoming Events: Belmar Five Mile Run - New Team Competition. Need Team Members

Saturday, July 11, 2009 at 8:30 am

Kenneth Vercammen is putting together 3 teams of both competitive and non-competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.

Our winning teams in 2008 won free beer tickets. individual Application online at:
http://www.belmar5.com/belmar.pdf or go to:
http://Active.com.

The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.

You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.

Post Race Activities

Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.

Team awards, music and Beach party, after the race at Bar Anticipation.

Bring your Belmar Five Mug - mug discounts all day after the Race!

Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)

If you have or will enter, email Ken V at KenV@njlaws.com

Call Kenneth Vercammen at 732-572-0500

More details on Belmar 5 at: http://www.belmar5.com/

Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks

BUCKAROO BARBEQUE
Country Western BBQ Benefit for Zachary Nemeth

LET'S "GET ON TRACK WITH ZACH"
Sunday, July 19, 2009
Zachary Nemeth is a two year old little boy who was born with multiple disabilities and is developmentally delayed. He suffers from muscular weakness and cannot swallow. As a result, he has a tracheotomy and a feeding tube. Zachary is under constant medical care and needs occupational, physical and swallow therapies. He has been hospitalized several times and will need more surgeries in the near future.

Zachary is continuing his developmental progress at home, in Helmetta, with around the clock care of nurses, and his mother, Barbara. However, despite the devotion of family and friends, the Nemeth family has been financially burdened with countless medical and daily living expenses. They need our help. So Please Open Up Your Hearts and Help Zach Stay on Track.

WHERE: EAST BRUNSWICK ELKS LODGE at 21B Oakmont Ave., East Brunswick (732)821-9527 (go to www.ebelks.com for directions)

WHEN: Sunday, July 19, 2009 (Rain or Shine) (outside event, please bring your lawn chairs)

TIME: 12:00PM - 7:00 PM
(Line Dance lessons 12PM - 1PM)

COST: $30 Per Person
Children 3-6 yrs old $15
2 and under Free

Price includes: BBQ food, desserts, soda, coffee/tea, live entertainment and DJ for dancing
The following bands and DJ will be performing:
"DUE SOUTH"
"SILVER SPURRS"
"JT AND FRIENDS"
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.

NJ Laws Email Newsletter E308

2009-06-26T12:04:00.000-07:00

June 26, 2009

In This Issue
_______________

Recent Important Cases...

1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested.

2. Ordinance can bar taking of Photos for Sale.

3. Rat Balloon Ordinance Violates Free Speech.
________________

4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.

5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!

Recent Important Cases...

1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested. Arizona v. Gant 129 S. Ct. 1710 (2009)

Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed.
2. Ordinance can bar taking of Photos for Sale. State v. Chepilko 405 NJ Super. 446 (App. Div. 2009)

The taking of photographs of persons walking on the Atlantic City Boardwalk and then attempting to sell the photographs to the subjects does not constitute expressive conduct entitled to First Amendment protection that insulates a person engaged in this activity from prosecution for a violation of municipal other Boardwalk.

3. Rat Balloon Ordinance Violates Free Speech. State v. DeAngelo 197 NJ 478 (2009)

The Lawrence Township sign ordinance violates the First Amendment right to free speech and is overbroad.
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party

WHEN: Saturday, July 18 5pm- 11pm

Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks

LOCATION: South Brunswick NJ at 16 & 17 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)

DIRECTIONS: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions

Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net

Name: _____________________________
No gifts please.
Ok to bring something for the Tiki Bar!
http://www.facebook.com/event.php?eid=91508471625
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel

Federal Estate & Gift Tax Changes
http://www.youtube.com/watch?v=vCslLgdSalk

Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA

Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

NJ Laws Email Newsletter E307

2009-06-17T12:58:00.000-07:00

NJ Laws Email Newsletter E307
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

June 17, 2009

In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greetings Kenneth Vercammen,

HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
http://www.youtube.com/watch?v=NG7AIaXWhNc&feature=channel_page [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNG7AIaXWhNc%26feature%3Dchannel_page&id=preview]
Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com
[mailto:newsletter@njlaws.com])

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/

NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/

NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]

We appreciate continued referrals. We want to take the time to extend to our friends
and clients our sincere gratitude because it is good friends and clients that make
our business grow. Client recommendation is a very important source of new clients
to us. We are grateful for the recommendation of new clients. We will do our best
to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editor's Note and Disclaimer:

All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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NJ Laws Email Newsletter E306

2009-06-17T12:43:00.000-07:00

NJ Laws Email Newsletter E306
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

June 11, 2009

In This Issue
_______________
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial
before Different Judge.
2. Alcotest Operator Must Observe Defendant for 20 Minutes.
3. Telephonic Search Warrants Approved.
_________________
4. Next Races and Community Events
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. If You Are In A Slip & Fall Accident, We Can Help.

NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial before Different Judge. State v. Wang (App. Div.) 14-2-2508 Unpublished.

Because the cross-examination of defendant regarding her Nevada driver's license and the lack of proper record keeping at the Therapy Center was improper because the evidence lacked any relevancy to the prostitution charge, and because its use
to attack defendant's credibility ran afoul of N.J.R.E. 607, 608, and 404, and the evidence was relied upon by the municipal and Law Division judges in assessing credibility, defendant's conviction for prostitution is reversed and the matter is remanded for
retrial before a different municipal court judge.
Unpublished Source: Daily Briefing - 01/21/2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Alcotest Operator Must Observe Defendant for 20 Minutes. State v Nucifora (Law Div. Camden) Unpublished.

This important unpublished case held that the Supreme Court in Chun meant exactly what it said when it directed that "the operator must observe the test subject for required 20 minute{s}", that this was not dicta, and that it does not allow for
observation by other officers. The appeal was raised in the context of a Chun stayed case and stands for the proposition that if a good faith 20 min issue was raised at the time of a Chun stayed plea, the issue is sufficient to reopen the matter.
Source: Jeff Gold, NJSBA 2008 Municipal Court Attorney of the Year.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Telephonic Search Warrants Approved. State v. Juan Pena-Flores 198 NJ 6 (2009)

The Supreme Court affirms its longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether exigent circumstances exist is to be decided on a case-by-case basis with the focus on police safety and the preservation of evidence. The Court also determines that a warrant obtained
by telephonic or electronic means is the equivalent of an in-person warrant and does not require proof of exigent circumstances. Also State v. Charles Fuller (A-15-07)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Next Races and Community Events

Monday, June 15, 2009
PRESIDENT'S CUP NIGHT RACE, 5K, 8pm,
Charlie Browns, Millburn, 973-376-6094,
(USATF-700pts)
Free beer, big post race party. Ken Vercammen needs a ride from Edison/East Brunswick area to President's Cup. If you are in the area, email Ken V at Kenv@njlaws.com or call Ken at: 732-572-0500.

Friday, June 19, 2009
June Moon 5k 7:15pm Somerset NJ Quality CJRR event. Post race food Saturday, June 20, 2009

Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sunday, June 21, 2009 Pt. Pleasant Boro 5k 8:30

Saturday, June 27, 2009
1. Rumson 10 mile, 10 bar Long Branch to Belmar. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. Finish at Bar A, and play volleyball.
2. Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Sunday, June 28, 2009

Pine Beach 5K 9am Vista Park, [near Toms River] Sunday Very well run shore area event. USTAF masters championship when you register, write down under the team category-"RVRR Ken V." 732-349-6425.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.

Defense to Refusal to take Breath Test http://www.youtube.com/watch?v=vWVjiSlneJs&feature=channel_page
[http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvWVjiSlneJs%26feature%3Dchannel_page&id=preview]

Will contests and Contested Probate
http://www.youtube.com/watch?v=N9BYaCrumnY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DN9BYaCrumnY%26feature%3Dchannel_page&id=preview]

Undue Influence to Contest a Will, Gift or Power of Attorney
http://www.youtube.com/watch?v=sxlRb-b1Lyo&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DsxlRb-b1Lyo%26feature%3Dchannel_page&id=preview]

Signing of Last Will & Testament and Post Signing Activity
http://www.youtube.com/watch?v=1G6O6CtJCVY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D1G6O6CtJCVY%26feature%3Dchannel_page&id=preview]

Major Municipal Court and Criminal Cases Parts 1-7
http://www.youtube.com/watch?v=LuK_uSceFHY&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

6. If You Are In A Slip & Fall Accident, We Can Help.

Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the
accident.

If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one
friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would
also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com
[mailto:newsletter@njlaws.com])

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/

NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/

NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]

We appreciate continued referrals. We want to take the time to extend to our friends
and clients our sincere gratitude because it is good friends and clients that make
our business grow. Client recommendation is a very important source of new clients
to us. We are grateful for the recommendation of new clients. We will do our best
to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editor's Note and Disclaimer:

All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817

NJ Laws Email Newsletter E305

2009-06-03T11:49:00.001-07:00

NJ Laws Email Newsletter E305
Kenneth Vercammen, Attorney at Law

June 3, 2009

In This Issue
_______________

Recent Important Cases...

1. Police do Not Always Need to Readminister Miranda Warnings.

2. Drifting within a Lane Supports MV Stop by Cops.

3. No Sequestration of Defense Expert in DWI Case.
_________________

4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.

5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.

6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.

NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings!
Recent Important Cases...

1. Police do Not Always Need to Readminister Miranda Warnings.
State v. Nyhammer 197 NJ 383 (2009)

The trial court did not err in finding, based on the totality of the circumstances, that Nyhammer knowingly, voluntarily, and intelligently waived his Miranda rights under both federal and state law. Thus, the trial court did not abuse its discretion in admitting Nyhammer's confession into evidence. Further, a defendant cannot assert that he was denied his right of confrontation under the federal and state constitutions unless he first attempts to cross-examine the witness on the core accusations in the case. Nyhammer had the opportunity to cross-examine the child-victim at trial about her out-of-court testimony implicating him in the crime but chose not to do so; therefore, he cannot claim that he was denied his right of confrontation.

2. Drifting within a Lane Supports MV Stop by Cops. State v. Woodruff 403 NJ Super 620 (Law Div. Mercer 2008)
In this Law Division opinion a court construed the provisions of the lane violation statute. N.J.S.A. 39:4-88(b). The Law Division held that it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. The Court also held that two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the offending auto.

Source: Muni-Mail 11/24/2008
3. No Sequestration of Defense Expert in DWI Case. State v. Popovich 405 NJ Super. 324 (App. Div. 2009)

Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony. State v. Lanzel, 253 N.J. Super. 168 (Law Div. 1991) was distinguished.
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.

Doctors and other health care providers are supposed to adhere to a reasonable standard of care when treating a patient. Rarely, minimum standards are not met, and serious injuries occur as a result. When this happens, a person may have a medical malpractice claim.

If you believe you are the victim of medical malpractice, schedule a free consultation. We can analyze your case and advise you if you have a strong claim.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.

Shoplifting Law:
http://www.youtube.com/watch?v=xNtwDXd9aH4&feature=channel_page

Truck Liability for Accidents:
http://www.youtube.com/watch?v=7KVqiZCGWAc

Slip & Fall Injury:
http://www.youtube.com/watch?v=BrspSxUIvOk&feature=channel_page

Bicycle Accidents and Recovery for Injuries:
http://www.youtube.com/watch?v=KXhqzVmp8Vs&feature=channel_page

Defense to Criminal Charges:
http://www.youtube.com/watch?v=lebvmb80-84&feature=channel_page
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.

Presented in cooperation with the NJ State Bar Taxation Section and Institute for Continuing Legal Education

Wednesday, June 10, 2009
9:00 AM to 5:00 PM

New Jersey Law Center, New Brunswick / S127-14950

In 1977, NJICLE presented the First Semi-Annual Tax & Estate Planning Forum, designed to provide an opportunity for attorneys, accountants and life underwriters to keep up with changes in this complex area of law. Now more than ever, the ability to meet your clients' needs is dependent upon your ability to keep up to date with the law, regulations, and available planning techniques. The proper approach to any given situation may be even less clear, and more dependent upon your informed professional judgment.

Join the speakers and your colleagues at this 61st Semi-Annual program. As in past years, the program provides an opportunity to network with your peers and exchange viewpoints on how to resolve today's most challenging problems.

Explore today's hottest tax and estate planning topics at this popular semi-annual forum:

Client Motivations & Goals in the Estate Planning Process; The Standards for Undue Influence: Shifting the Burden of Proof Through Summary Judgment; Contingent & Vested Reminders: The Surprising Consequences for Family Members in Credit Shelter Trust Planning and Other Trust Arrangements; Generation Skipping and Other Tax Issues Raised by Vesting Issues; Recent Estate and Gift Tax Developments; The Use of Grantor Trusts After Revenue Ruling 2008-22; The Standard of Care in Estate Tax Planning Malpractice Claims Against Attorneys; The Estate Attorney's Fiduciary Duties: New Case Law & Practice Pointers to Avoid Potential Malpractice Liability; and more.

Moderators/Speakers:

JOHN J. MIESOWITZ, ESQ.
Ventura,Miesowitz, Albano, Keough & Warner (Summit)

JOHN L. PRITCHARD, ESQ.
Law Offices of John L. Pritchard, Esq. (Union)

Keynote Presentation by:

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates (Edison)

Speakers include:
BRENDA L. EUTSLER, ESQ.
Asbell, Kushner & Eutsler, PA (Cherry Hill)

JAY J. FREIREICH, ESQ.
Poe & Freireich, PA (Florham Park)

RICHARD H. GREENBERG, ESQ.
Greenberg & Schulman (Woodbridge)

GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
Author: "New Jersey Estate Planning Manual: Theory, Practice & Forms" (2007, NJICLE)
Editor & Contributing Author: "Estate & Trust Litigation" (2006, NJICLE)
Editor & Contributing Author: "New Jersey Probate Procedures Manual" (2009)
Kulzer & DiPadova (Haddonfield)

JACK F. MEOLA, ESQ., CPA
Amper Politziner & Mattia (Bridgewater)

ANITA J. SIEGEL, ESQ.
2001 Clapp Laureate
Siegel & Bergman, LLC (Morristown)

M. J. SULLY, ESQ.
Special Counsel
Essex County Surrogate Court (Newark)

STEPHEN K. WARNER, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)

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NJ Laws Email Newsletter E304

2009-05-27T08:31:00.000-07:00

NJ Laws Email Newsletter E304

May 20, 2009

In This Issue
_______________

Recent Important Cases...

1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found.

2. Constructive Possession is Decision by Trier of Fact, not Expert.

3. Four Factors Required to Withdraw Guilty Plea.

_________________

4. More Charity Races and Community Events.

5. Reflections on Memorial Day.

6. If a Loved One is a Victim of Nursing Home Abuse, We Can Help.

NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links

Greetings!
Recent Important Cases...

1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found. Herring v United States
129 S. Ct. 695 (2009)

When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.
2. Constructive Possession is Decision by Trier of Fact, not Expert. State v. Reeds 197 NJ 280 (2009)

Defendant suffered undue prejudice from the evidence in the form of expert testimony opining, in effect, that he constructively possessed the drugs found in the vehicle he was driving. This ultimate-issue testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted the remaining trial proofs, producing an unjust result in defendant's trial.

3. Four Factors Required to Withdraw Guilty Plea. State v. Slater 198 NJ 145 (2009)

Judges are to consider and balance four factors in evaluating motions to withdraw a guilty plea: (1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of the defendant's reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal could result in unfair prejudice to the State or unfair advantage to the accused. This defendant has met his burden and is entitled to withdraw his guilty plea in the interest of justice.
4. More Charity Races and Community Events

May 20 Middlesex County Bar Association- Installation Dinner Sea bras Armory

May 22 Memorial Day Friday "Legends of Belmar Night" Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D'Jays, Bar A & Columns.
Start approx 5pm. Leave work early

May 23 Spring Lake 5 mile race 8:30

May 25 North Brunswick 5k

May 30 Ocean Medical Center 5k 8:30 Brick

May 31 Berkeley Twp Triathlon
Jersey Shore Tri Club 7am

If you are attending any of these races, please call or email Ken V. Often we car pool or meet at these events. If you can run, you can volunteer, or walk the course.

Saturday July 18 5pm- 11pm
Friends of Kenneth Vercammen and Jim
Capraro are invited to their 50th Birthday Party.

Join us for an exciting evening. Swim Pool,
8 person Hot tub plus Deck and Tiki Bar. DJ
Blender drinks, ping pong, arcade basketball.
Details in future newsletter. Mark your calendar now.
5. Reflections on Memorial Day.

Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.

We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.

"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000

On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.

Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW 2002 Memorial Day address:
http://www.usmemorialday.org/backgrnd.html
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.

Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.

If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.
Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)

NJ Laws Email Newsletter E303 May7, 2009

2009-05-10T19:34:00.001-07:00

NJ Laws Email Newsletter E303 May7, 2009

1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson
2. Juvenile has no right to counsel during post-complaint interrogation

3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14.

4. Upcoming charity races and community events
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.

1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 172 L. Ed. 2d 694 (2009)
While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor
Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.

2. Juvenile has no right to counsel during post-complaint interrogation
State in the Interest of P.M.P. 404 NJ Super. 69 (App. Div. 2008)

The court concluded a juvenile delinquency complaint, filed at the direction of a county prosecutor's office, is not the substantial equivalent of an indictment such that it initiates a formal adversarial proceeding and triggers a juvenile's right to counsel. The court reversed the trial court's extension of the protections of State v. Sanchez, 129 N.J. 261, 277 (1992) to juvenile proceedings.

3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:

Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK

8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14  8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ

10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker:  Jeffrey Evan Gold, Esq. 

Luncheon Buffet at Exhibition Hall

1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq. 

3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists:  Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq.  Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq. 
Deborah Veach, Esq.  Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14  1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy  Deutsch, Mulvaney & Carpenter, LLP
Speakers:  Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq.  McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq.  Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14  3 - 4:30 p.m.
Moderator:  Robert Brass, Esq.  Picillo Caruso Pope Edell Picini, PC
Speakers:  Paul J. Bradley, Esq.  Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq.  NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq.  Picillo Caruso Pope Edell Picini, PC
It's not too late! There's still time to register. Don't get left behind!
Register Online NOW!

View the Annual Meeting Promotional Flyer

4. Upcoming charity races and community events
5/16/09 CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648 When you register, write down under the team category- "RVRR."
May 16, 2009 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ What You Get: Give-A-Ways, i.e., Commemorative T-Shirt and more. Free beer http://rumsonhash.multiply.com/
May 20 Middlesex County Bar- Installation Dinner See Bright Armory
May 22 Memorial Day Friday “Legends of Belmar Night” Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D’Jays, Bar A & Columns. Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30

5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.

SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html

NJ Laws Email Newsletter E302

2009-04-23T10:42:00.001-07:00

NJ Laws Email Newsletter E302
April 23, 2009

In This Issue
_______________

1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.

2. Governor Corzine Signs New Law Limiting Teen Drivers.

3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.

4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
_______________

1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.

New Law prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children. This Law is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State.

Section 1 of the Law denies alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court's authority to deny alimony for other bad acts is not changed. Under prior law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007).

Section 2 of the Law eliminates a parent's right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the Law, the estate of the child is distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child.

Under old law, the intestate share of a decedent child's estate is equally distributed between the surviving parents, regardless of whether that child's parents abused the child prior to his death.

Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law by Governor Jon S. Corzine.

Under New Law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union.

In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution.

The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument.

Following his son's death, Calbi's father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole.

"This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse." "Convicted killers should not be able to profit from their misdeeds."

The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child.

It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003after his mother had abandoned him and other siblings to live with her cousin.

Although the cousin pled guilty to manslaughter in Faheem's death, Faheem's mother had to be separately barred from seeking the $1 million that the state paid to her son's estate.

Under previous law, the intestate share of a decedent child's estate was equally distributed between the surviving parents, regardless of whether that child's parents abused the child before his death.

"Any parent found to have abused their child should immediately forfeit their right to their child's estate."

"No parent who puts their innocent child's life in danger should get one penny."

"We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths."

Under the law, a parent loses all rights to intestate succession and to administer the estate if:

They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.

"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death. The subject of abuse their estates are not looted by family members whose very neglect led to their deaths."

Under the New Law, a parent loses all rights to intestate succession and to administer the estate if:

They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.

"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death."

2. Governor Corzine Signs New Law Limiting Teen Drivers.

New Jersey is first state to have teen driver decal. Senate Bill S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license.

"Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies while ensuring that our young people are better prepared to safely take to the roadways."

The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions.

Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary."

"We live in the most densely populated state in the nation in an era of constant distractions." Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes."

"Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m." "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways."

The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers.

"Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives."

According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car encouraging the teen driver to take risks with most teen crashes in NJ occur after school.

In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives.

Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways.

3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
3-25-09 Penn National Insurance Company v. Frank Costa(A-36-08)

In order to determine whether an injury arises out of the maintenance, operation or use of a motor vehicle thereby triggering automobile insurance coverage, there must be a substantial nexus between the injury suffered and the asserted negligent maintenance, operation or use of the motor vehicle.

In this case, there is no rational linkage between the negligent failure to clear the driveway of snow and ice and the entirely non-negligent maintenance activity in which Costa was engaged.

Therefore, Costa's homeowners insurance policy must respond to Arians's claims.

4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.

This spring we have accepted into our mentor / internship program the following four people and they have done a great job.

Joseph Jakubczyk of St. Peter's College

Paula Anna Iwaniuk of Drew University

Tanya Sharp of Colorado Technical University

Ruchita Oza, who obtained her Masters of Law from Temple University Beasley School of Law.

NJ Laws Email Newsletter E301

2009-04-08T07:42:00.000-07:00

NJ Laws Email Newsletter E301
April 8, 2009

In This Issue
_______________
1. Real Estate Sales - Spring is the Time for Real Estate Sales.
2. Recent Cases: Trial Judge Must Determine Probable Cause for DWI Stop.
3. Ocean County Jury Awards $17M to Family Hurt in Car Crash.
4. Employer Not Responsible for Employee Intoxicated Outside the Workplace.
5. Press Release: Nuts & Bolts of Elder Law & Estate Administration Seminar - Tuesday, April 28, 2009 from 5:30PM to 9:30PM.

1. Real Estate Sales - Spring is the Time for Real Estate Sales.

To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period after taking numerous classes. Mr. Vercammen is now also a licensed real estate agent, and is affiliated with one of the largest real estate agencies in the country.

We also note Bob Tona of South Brunswick has joined Jersey Mortgage Company. For mortgages and refinances, call Bob Tona at 800-342-6597 or 732-739-4082.

The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.

The Contract of Sale

A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.

Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As Is", make sure they are added to the Contract before signing.

The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.

Read and Understand the Contract Before Signing your Contract of Sale

Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:

1. Read the Entire Contract.
2. Written Down Your Questions and Posed Them to Your Realtor.
3. Made Sure All Your Requested Clauses are Included, Such as the House Being Sold "As Is".

These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.

Work With Your Realtor

Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection.

Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.

The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.

Closing Date is Approximate

You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.

If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.

SELLERS INFORMATION SHEET
KENNETH VERCAMMEN & ASSOCIATES, PC
(To be filled out by seller and returned to seller's attorney)
1. SELLERS NAME: (as it appears on deed)

__________________________________________
2. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: __________________________________
3. Present Mortgage Company:
__________________________________
Address: _________________________________
Loan No. ________________
800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company:
_______________________________________
Address: ______________________________
Loan No. __________________
800 Telephone No. ________________________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good
enough)
5. Social Security Number:
(H) ___________ (W) ________
6. Is any Seller age 62 or over? If so, name and
Date of Birth: ____________
7. Name, Address, Telephone number of Condominium Association, if any
____________________________________
8. Type of Fuel: Gas _____ Oil ______
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________
Maiden or Prior Name(s) __________
Prior Marriages _____________________
(Copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale:
_______________________________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Recent Cases: Trial Judge Must Determine Probable Cause for DWI Stop.
State v. McDade App. Div 14-2-3257
Following denial of his motion to suppress evidence, defendant entered a conditional plea of guilty to driving while intoxicated. The sole issue on appeal was the validity of the motor vehicle stop where the officer stopped the car because a passenger side rear tail light was out. Defense counsel suggested that there were multiple lights on each side of the car's rear and argued that the malfunctioning of a surplus lamp does not give rise to a reasonable suspicion of a motor vehicle code violation.

Finding that the community caretaking function exception to the warrant requirement does not apply, and that the legality of the stop depends exclusively on whether there was a total of two functioning rear tail lamps, one on each side, a fact that cannot be determined from the record, the panel remands to the Law Division for further fact finding.

Source: Daily Briefing 3/31/2009 NJ Law Journal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Ocean County Jury Awards $17M to Family Hurt in Car Crash.

After a defense stipulation to liability and a three day damages trial, an Ocean County jury on Wednesday awarded $17 million to Jennifer and Alvin Roden and their three young children who were hurt in a horrific collision with an oncoming car that strayed into the Roden's lane. Their daughter Madeline, whose legs were paralyzed in the August 2006 crash in Tuckerton, won $10 million and the other riders were awarded amounts ranging from $50,000 to $4 million. The defendant's insurer, New Jersey Manufacturers Ins. Co., paid the plaintiffs' property damage of $20,000 at the outset of the case and offered to pay the remaining $480,000 of the defendant's policy last November, but plaintiffs' lawyer rejected the offer. He says NJM had reason to know from the start that the defendant was liable and that the injuries would be far greater than $500,000. An arbitration panel awarded the plaintiffs $8 million but NJM opted for a trial de novo instead of paying it.

Source: Daily Briefing 4/3/2009 NJ Law Journal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Employer Not Responsible for Employee Intoxicated Outside the Workplace. Riley
v. Keenan 4-02-09 A-6054-06T3

The issue in this automobile negligence action is whether an employer may be held liable for injuries to a third party caused by an intoxicated driver acting outside the workplace and outside the scope of his employment. Even assuming the employee's work-related sleep deprivation, as claimed by plaintiff, the court could see no reason to extend the notion of duty to, or create a new theory of recovery against, an employer in circumstances where the employer neither knew nor had control over its employee's "incapacity", nor engaged in any affirmative act to worsen the situation, and where the independent intervening act of the employee's intoxication broke any causal connection between work fatigue and the ensuing automobile accident.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

5. Press Release: Nuts & Bolts of Elder Law & Estate Administration Seminar

Time: Tuesday, April 28, 2009, 5:30 PM to 9:30 PM
Location: Pines Manor, Edison

Speakers:
THOMAS D. BEGLEY, JR., ESQ.,

KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Elder Law Committee
2006 NJSBA Municipal Court Practitioner of the Year

KATHLEEN A. SHERIDAN, ESQ.

MARTIN A. SPIGNER, ESQ.

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens.

You'll also gain insight on how Federal Medicaid Reform will impact seniors. Fee includes 330 plus page book, dinner, seminar and opportunity to ask questions. $159.00

Contact: New Jersey Institute for Continuing Legal Education at phone number: (732)
214-8500

Additional information: Book & seminar elder law & estate administration including:

Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics and who is the client?

Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; Sample Forms

Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool and Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms Basic Tax Considerations Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document;

Sample Forms/Letters

Estate Administration and New Probate Law in New Jersey Probate process; duties
of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists

Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property;personal residence; Medicaid estate recovery rules and more.

NJ Laws Email Newsletter E300

2009-04-08T07:41:00.001-07:00

NJ Laws Email Newsletter E300
March 25, 2009

In This Issue:

1. When There's No Will, There is No Way.

2. Child Support Continues After Age 21 Unless Formal Motion Filed to Terminate
Child Support.

3. Police Could Stop Car based on Call by Daughter that Father was Drunk.

4. Summons Must Contain Specific Statute Charged.

5. Harassment Requires Purpose to Harass.

6. Reminder Upcoming Events, Car Pools and Networking.

This is our 300th issue of the NJ Laws Email Newsletter! We started in Spring,1999. I look forward to continuing to provide updates in law and providing advice to friends and clients.

-------------------------------------------------------------------------------------------------
1. Where There's No Will.....There is No Way....
If you do not write a Will, the State has already written one for you. Your assets
go to whoever a state law says receives the assets, or to the government itself!

A Will should be a testimony to the things you truly care about: your spouse, your children, your parents, your friends, your Church and charities. You can consider remembering your church or school.

If You Have No Will:
Compiled By Kenneth Vercammen, Esq.

If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

* State law determines who gets assets, not you

* Additional expenses will be incurred and extra work will be required to qualify an
administrator-Surety Bond, additional costs and legal fees

* Judge determines who gets custody of your children

* Possible additional State inheritance taxes and Federal estate taxes

* If you have no spouse or close relatives the State may take your property

* The procedure to distribute assets becomes more complicated

* It may also cause fights and lawsuits within your family

When loved ones are grieving and dealing with death, they shouldn't be overwhelmed with Financial concerns.

Think- Who don't you want to receive your assets? Without a Will, they could receive your assets and request custody of children.

Who is not the best choice to raise your children, or safeguard your children's money for college? Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?

A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.

WHY PERIODIC REVIEW IS ESSENTIAL

Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:

* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will

* Significant changes in the value of your total assets or in any particular assets which you own

* A change in your domicile

* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will

* Annual changes in tax law

* Changes in who you like

MAY I CHANGE MY CURRENT WILL?

Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.

Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.

A portion of your Will and Estate Planning can be deducted on your income tax return when it deals with tax planning. Thus, part of the fee is tax deductible for income tax purposes.

Call prior to April 2 for a confidential consultation on Estate Planning prior to April 15 tax day. We help clients avoid probate problems and efficiently transfer assets to beneficiaries. We also help senior citizens to organize their estates to achieve a secure retirement.

2. Child Support Continues After Age 21 Unless Formal Motion Filed to Terminate Child Support.

Child support is usually determined through a formal court order. Child support orders, wage withholding, and other Court Orders usually continue forever until a Superior Court Judge signs a Formal Court Order modifying the prior Order. For example, in child support issues, even if a divorce decree states support ends when the child ends full time school, child support does not automatically end.

A new Motion must be filed in the Superior Court. It is not sufficient for you to simply wait for a child to finish school. Motions are required to terminate alimony or change any prior court order or divorce decree. 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.

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 detailed hearing. 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 Orders continue child support if the child is in college full time. However, don't 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 determined it was appropriate to calculate child support only for the period of time the child was not residing at college.

Many motions to terminate child support are filed in June when if it becomes clear an 18 year old child is not going to attend college.

More information at:
http://www.njlaws.com/motions-in-child-support.htm

3. Police Could Stop Car based on Call by Daughter that Father was Drunk. State
v. Amelio 197 NJ 207 (2008)

Based on the report to dispatch by defendant's seventeen-year- old daughter, who identified herself, reported that her father was driving drunk, described the vehicle, and exposed herself to criminal prosecution if her report was knowingly false, there was reasonable and articulable suspicion of an offense to support a constitutional motor vehicle stop by the police.

On YouTube:

http://www.youtube.com/watch?v=cYZlrFr2_qo

4. Summons Must Contain Specific Statute Charged. State v. Thulin (App. Div. 2008) A-1691-07T4 Unpublished.

Conviction following a trial de novo for refusal to submit to a Breathalyzer test reversed; one of the six summonses issued to the defendant following a single-vehicle accident described the offense as "refusal to submit to blood" and cited the implied-consent statute, N.J.S.A. 39:4-50.2; however, no summons was issued for failure to submit to a Breathalyzer test; relying on the State Trooper's testimony that he had read the "New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor Vehicle" to the defendant as required by N.J.S.A. 39:4-50.2(e), the Law Division found the defendant guilty of violating N.J.S.A. 39:4-50.4a; however, the Appellate Division agreed with the defendant that his conviction had to be reversed because the failure to accurately state the charge against which he had to defend violated due process.

Source: NJ Lawyer Daily Briefing November 7, 2008

5. Harassment Requires Purpose to Harass.
State v. Otto (App. Div. 2008) A-2502-07T4 Unpublished.

Conviction following a trial de novo of the petty disorderly persons offense of
harassment affirmed; the defendant police officer was the subject of an internal
investigation that led to his discharge; a female sergeant who had participated
in the investigation told the defendant that he was being discharged, and she escorted him to his office to gather his belongings; the defendant first stopped at his car, where he retrieved a bottle of green liquid; while cleaning out his desk, the defendant sprinkled green liquid out of the bottle onto one of the sergeant's feet; the sergeant,who was wearing open-toed sandals, began to feel a "burning" or "tingling" sensation,and she washed her foot, told the defendant that she was going to press charges, and took the bottle of green liquid as evidence; the defendant lunged at the sergeant,who backed away from him until she was up against a wall; the Appellate Division rejected the defendant's argument that the State had failed to establish under N.J.S.A. 2C:33-4 the necessary element of purpose to harass and that his only purpose was to retrieve the bottle and not to intimidate or harass the sergeant.

Source: NJ Lawyer Daily Briefing - October 23, 2008

6. Reminder Upcoming Events,Car Pools and Networking.

March 28 - Rat Race 5mile 10:00 Neptune/Wall
plenty of free beer
www.jsrc.org/raceapps/ratrace.htm

March 30 - NJ State Bar Mun Ct Section
Speaker- Hon. Spencer Robbins NJ Law Center

March 30 - WILLS, PROBATE AND ELDER LAW
Adult and Community Education, 7:00PM - 8:30P.M.
East Brunswick Adult & Community Education Program

April 18- Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am
From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party

[If you are attending one of these events, please email us. Sometimes our groups
car pool to events and network]

NJ Laws Email Newsletter E299

2009-03-23T12:59:00.000-07:00

In This Issue:

1. Wills, Probate and Elder Law- Adult and Community Education
Monday, March 30, 2009 from 7 - 8:30PM in East Brunswick.

2. Statute of Limitations on Legal Malpractice Do Not Start Until Defendant Receives Exoneration.

3. Headlock for 30 Seconds Sufficient for Simple Assault.

4. Court Cannot Put Burden on Defendant in Traffic Case.

--------------------------------------------------------------------------------

1. WILLS, PROBATE AND ELDER LAW-
East Brunswick Adult & Community Education Program

WHEN: Monday, March 30, 2009

TIME: 7:00 - 8:30PM

WHERE: East Brunswick High School,
Cranbury Rd, East Brunswick, NJ 08816

WILLS, PROBATE AND ELDER LAW COURSE # SBC ..............................................................Fee: $29

The regular course fee is $29.00, but subscribers to our newsletter and clients can attend for free if they send us an email by March 26.

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 the state law. Topics covered by author of "Answer to Questions about Probate" will include: Wills, Revocable Trusts, Irrevocable Trusts, Power of Attorney, Living Will, State Administration, Inheritance Taxes, plus the opportunity to ask questions.

Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)

COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law.

OTHER UPCOMING EVENTS:

3/22/09 St. Paddy's 10 mile & 5k 9:30AM Freehold Keg of beer and some food

3/28/09 Rat Race 5mile 10:00AM Neptune/Wall plenty of free beer
www.jsrc.org/raceapps/ratrace.htm

3/28/09 Keep Kids Alive 5k 11AM Colts Neck

3/30/09 NJ State Bar Mun Ct Section
Speaker- Hon. Spencer Robbins NJ Law Center

4/18/2009 Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Heights To Asbury Park -- FREE beer! If you can't run, you can volunteer or pay to go to party. For more information call: 732-681-9464.

2. Statute of Limitations on Legal Malpractice Do Not Start until Defendant Receives Exoneration. McKnight v. Office of the Public Defender 197 NJ 180 11-26-08

In a legal malpractice action brought by a criminal defendant against the attorney who represented him or her in a criminal case, the claim does not accrue and the statute of limitations does not begin to run until the criminal defendant receives relief through some form of exoneration.

3. Headlock for 30 Seconds Sufficient for Simple Assault. State v. Stull 403 NJ Super. 428 (App. Div. 2008)

Defendant was convicted of simple assault. He contends that the evidence did not permit the trial court to find that he caused "physical pain." N.J.S.A. 2C:11-1a; N.J.S.A. 2c:12-2a. Defendant placed and held the victim in a headlock for twenty to thirty seconds, squeezed his neck and yanked and swung him around. There was no testimony about the victim's pain and he did not sustain bruises or seek or receive treatment. The court concludes that the State met its obligation to prove guilt beyond a reasonable doubt through proof of defendant's conduct and inferences reasonable on the evidence as a whole.

4. Court Cannot Put Burden on Defendant in Traffic Case. State v. Lesmes (2008) 14-2-1504 Unpublished.

Defendant's conviction for failure to observe a traffic signal entered in a trial de novo before the Law Division is reversed and the matter is remanded because the Law Division judge incorrectly combined the Law Division and the Appellate Division's roles and applied the incorrect standard of review and held defendant to a burden of proof that he does not have.

Source: NJ Law Journal September 1, 2008 p.46

Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.

(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)

Our Law blogs:

NJ Criminal Law Blog: http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog: http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog: http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients.

We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

Editor's Note and Disclaimer:

All materials Copyright 2009. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

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

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

NJ Laws Email Newsletter E298

2009-03-11T14:36:00.000-07:00

NJ Laws Email Newsletter E298

Kenneth Vercammen, Attorney at Law
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March 11, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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In This Issue:
_______________

1. Jury Awards $11M in Dental Malpractice Case.
2. Support Senator Kip Bateman's Proposed Law to Permit No Point Unsafe Driving
if More than 5 Years After 2nd No Point Ticket.
3. Oppose Senate Bill S2504 (Provides for Immediate Suspension of Driver's License
Under Certain Circumstances) Sponsored by Senator Connors.
4. Hospital Must Resume Support for Patient in Vegitative State.

5. Malicious

Prosecution Available Against Bank.
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================================================================================

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(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1. Jury Awards $11M in Dental Malpractice Case
In what may be the largest New Jersey award in a dental malpractice case, a Middlesex
County jury on Friday awarded more than $11 million to the family of a man who died
hours
after having his wisdom teeth removed. Francis Keller, 21, of Woodbridge, suffocated
in August 2005 after surgery performed by George Flugrad, a Perth Amboy oral surgeon.
The jury found that Flugrad failed to get clearance from Keller's doctor before
operating, despite Keller having told Flugrad of a genetic condition that caused
swelling in reaction to trauma. The condition caused his throat to close up following
the surgery.
Source: Daily Briefing - 3/09/2009
dailybriefing@njsba-njldailybriefing.com [mailto:dailybriefing@njsba-njldailybriefing.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Support Senator Kip Bateman's Proposed Law to Permit No Point Unsafe Driving
if More than 5 Years After 2nd No Point Ticket.
In a terrible published decision that ignored legislative intent, the Appellate
Division in dicta Says All 3rd Offense Unsafe Have 4 Points. Patel v. MVC 403 NJ
Super. 373 (App. Div. 2008).
The court incorrectly held that New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2,
provides that the Motor Vehicle Commission shall assess the driver points for a
third or subsequent offense In this appeal, the court has construed that language
to apply only to offenses that occur after the third offense.
To correct the errors in this decision, there is a pending bill which revises the
imposition of motor vehicle penalty points for operating a motor vehicle in an unsafe
manner.

The original intent of the unsafe driving statute in 2000 was to clarify that a
prosecutor may at any time move before the municipal court to accept a plea to a
lesser or other offense than was originally charged, whether or not the plea is
to a lesser included offense. The law also provides that the municipal prosecutor
may make a motion to amend the original charge to this no point ticket.

The original law provided if 5 years went by after the 2nd unsafe driving, they
would again be eligible again for the no point unsafe driving violation.
Under current statute as written, the first two times a person is convicted of operating
a motor vehicle unsafely, the person is subject to a monetary fine but no points,
while upon the third and subsequent conviction, the person is to be assessed motor
vehicle penalty points in addition to a monetary fine, except that an offense which
occurs more than five years after the previous offense shall not be considered a
subsequent offense for the purpose of assessing motor vehicle penalty points.
Senator Kip Bateman's bill would modify this structure by separately prescribing
that after a second conviction for unsafe operation of a vehicle, penalty points
are to be assessed only if the subsequent offense occurs within five years of the
third offense or, in the case of an offender with more than three previous convictions,
within five years of the immediately preceding conviction. Also, a person who has
committed more than three such offenses would be subject to a fine of $500; currently,
the fine for fourth and subsequent convictions ranges from $250 to $500.
Contact your Senator and Assemblypersons to support this bill.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Oppose Senate Bill S2504 (Provides for Immediate Suspension of Driver's License
under Certain Circumstances) sponsored by Senator Connors.
I agree with the well written strong opposition to this Bill set forth by the Middlesex
County Bar Association (MCBA). This legislation would require the Motor Vehicle
Commission to immediately suspend the driver's license of any person who has committed
certain traffic violations which result in the death or serious bodily injury of
another person.
Under current law, the chief administrator is authorized to immediately issue a
preliminary suspension of a driver's license for good cause and without hearing
if the person allegedly committed any of the following violations: (1) speeding
in excess of 20 miles per hour over the speed limit; (2) drunk driving; (3) reckless
driving; and (4) leaving the scene of an accident. This bill would change this
law to make it mandatory for the chief administrator to immediately suspend a person's
license under these circumstances.
The bill also would expand the violations triggering an immediate driver's license
suspension to include driving in violation of a condition of an examination permit,
a special learner's permit, or a provisional driver's license, including driving
with more than the allowed number of passengers or driving during prohibited hours.
It is ridiculous to require a mandatory license suspension if your child is driving
two neighbors home from soccer practice, or driving home from midnight mass
I agree with the Middlesex County Bar's comments that S2504 simply goes too far
in removing the aforementioned discretion from the Motor Vehicle Commission. The
mere issuance of an allegation of improper driving or the mere fact that an inexperienced
driver is involved in a serious accident should not justify automatic and immediate
suspension. Too often, the possibility of civil litigation seeking damages will
motivate the initiation of allegations which may not ultimately be provable.
America and the US Constitution was built on the concept of innocence until proven
guilty. To immediately suspend a license, for an indefinite or lengthy period,
without a proper exchange of information or where the facts do not demonstrate good
cause simply removes the necessary human component to the exercise of the very profound
power to remove an individual's ability to drive a vehicle.
The deprivation of a driver's license impacts employment, depend care, education,
access to medical care and other significant components to a productive life. While
suspension is no doubt appropriate and necessary in some cases, it is too draconian
to compel for every allegation of improper driving involving a death.
The current, discretionary approach is better suited to deal with problem drivers.
The proposed legislation fails to take a balanced approach in light of the fact
that the Commission is dealing with only bald allegations. The Commission should
first consider various factors before being required to automatically suspend.
For example, the Commission should be allowed to consider the individual's prior
driving history, whether the charges were initiated by a private citizen complainant
or a law enforcement agency, whether the allegations remain under investigation
or are pending prosecutorial review, and whether the relative proofs of the matter
are questionable.
A clear proof of significantly improper operation, the Commission should not be
required to suspend. Instead, the matter should be left to the courts to address
after a full disclosure to the defendant of the results of a completed investigation.
There should be not doubt that serious criminal charges will flow from those cases
involving reckless conduct leading to injury and death. These offenses carry with
them significant penalties with the added protection of due process.
To immediately suspend as required in the legislation suggests that the individual
presents an immediate, continuing danger on the roadways. I agree with the Bar
Association that we do not see how every case can be found to justify such prejudicial
and punitive action.
Please contact your Senators and requests that they vote "NO" on S-2504.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Hospital Must Resume Support for Patient in Vegetative State Where There was
No Living Will Advance Directive.

A Union County judge has ordered life support resumed for a patient who has been
in a vegetative state for 14 months, restraining a hospital from taking it upon
itself to discontinue or suspend treatment. Ruben Betancourt has been unconscious
since suffering complications in an operation at Trinitas Regional Medical Hospital
to remove a malignant thymus gland. The hospital maintains he does not respond to
pain or move his extremities and only makes reflexive eye movements, and that continuing
treatment is inhumane and contrary to standards of care. But Superior Court Judge
John Malone ruled life-support decisions should be made not by caregivers or courts
but in accord with a patient's rights as expressed by a surrogate decision-maker.
He appointed Betancourt's daughter, who wishes to continue life support, as his
guardian. This is another example of a reason why people should have a Living Will/
Advance Directive prepared to avoid court battles and provide written expression
of your wishes.
Source: Daily Briefing - 03/10/2009
dailybriefing@njsba-njldailybriefing.com [mailto:dailybriefing@njsba-njldailybriefing.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

5. Malicious Prosecution Available Against Bank. Brunson v. Affinity Federal Credit
Union 402 NJ Super. 430 (App. Div. 2008)
1. A claim of malicious prosecution may be based on allegations that the person
who initiated a criminal prosecution did so recklessly without a reasonable basis.
2. In a claim of malicious prosecution, a grand jury indictment is prima facie evidence
of probable cause but may be rebutted with evidence that the facts presented to
the grand jury are in dispute.
3. A financial institution and its certified fraud investigator have a duty of care
to a non-customer in whose name and upon whose identification the institution opened
an account. That duty included the duty to conduct a reasonable investigation before
initiating criminal proceedings against the person whose stolen identity was used
to open the account. It is for a jury to determine whether the financial institution
and the fraud investigator breached their duty of care and that the breach proximately
caused plaintiff's injury.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least
one friend as a new subscriber to the NJ Laws Newsletter. If you know someone
who would also like to receive this email newsletter, please have them email us
at newsletter@njlaws.com or click here.
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Our Law blogs:
NJ Criminal Law Blog: http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/

NJ Personal Injury & Civil Law Blog:http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/

NJ Elder Law Blog: http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]

We appreciate continued referrals. We want to take the time to extend to

our friends and clients our sincere gratitude because it is good friends and clients
that make our business grow. Client recommendation is a very important source
of new clients to us. We are grateful for the recommendation of new clients.
We will do our best to give all clients excellent care. We shall do our best to
justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editor's Note and Disclaimer:

All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter

and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

Website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]

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RECENT CHANGES IN MUNICIPAL COURT LAW SEMINAR

2009-03-08T13:55:00.001-07:00

RECENT CHANGES IN MUNICIPAL COURT LAW SEMINAR

Monday, May 04, 2009
5:30 PM to 9:30 PM
New Jersey Law Center, New Brunswick

Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.

Program Preview...
5:30 Criminal Case Law and Legislative Update - Kenneth A. Vercammen, Esq.
6:15 The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double
jeopardy issues - Denis F. Driscoll, Esq.
7:00 Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff - Hon. Joan Robinson Gross, PJMC
7:45 Refreshment break
7:55 Recent developments in traffic law, merged traffic tickets and more
8:40 DWI and Chun - John Menzel, Esq.
9:25 Ask the Experts
Plus..
The Municipal Court Practice Committee's Proposed Rule Amendments will be discussed.

Moderator:

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
2005-2006 Municipal Court Attorney of the Year
Law Offices of Kenneth A. Vercammen (Edison)

Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)

DENIS F. DRISCOLL, ESQ.
Municipal Prosecutor (Denville, Montville & Victory Gardens)
Resch & Driscoll, PC (Hackensack)

JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)

Tuition fees Program S1507-10062 Reg. Fee Reg. Type
SPECIAL RECESSION BUSTER TUITION
Register by 3/31/09 $109.00 EB
General Tuition $149.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, NJSBA CO-SPONSORING SECTION (COS*) $110.00 COS*
MEMBERS, NJSBA (NJB*) $119.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $110.00 YLD*
Recent admittees (past 2 years) (YL) $129.00 YL
Paralegals (PAR) $95.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD

DOOR REGISTRATIONS: $169
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Section
Additional details: http://www.njicle.com/seminar.aspx?sid=735

New Jersey Institute for Continuing Legal Education  The non-profit continuing education service of:  The New Jersey State Bar Association Rutgers - The State University of New Jersey  Seton Hall University  One Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com

NJ Laws Email Newsletter E297

2009-03-04T05:07:00.000-08:00

Kenneth Vercammen, Attorney at Law
www.njlaws.Com LINKS--Main Website with 500 + articles and 1,000 + links
Phone: (732) 572-0500

NJ Laws Email Newsletter E297

March 3, 2009

In This Issue:

1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament.
2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party.
3. No Plea Bargain of DWI on Appeal.
4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity.
5. Internal Affairs Investigation Can Be Released.
Greetings Kenneth Vercammen,

1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament in Atlantic City!

He set a record with 16 pins this season, most in the first period. He was a finalist at the Greater Middlesex County Tournament.

Home News Articles:

http://blogs.mycentraljersey.com/onthemat/2009/02/28/3403/

http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009901230368

Star Ledger Articles:

http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/region_5_saturdays_final_round_1.html

http://www.undergroundstrengthgym.com/

Recent Cases:

2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party. Mazzacano v. Happy Hour Social and Athletic Club of Maple Shade, Inc. (A-102-07) 1-22-09

New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the Motor Vehicle Commission shall assess the driver points for a third or subsequent offense. The statute also affords relief from the assessment of points when an offense is committed more than five years after a prior offense. In this appeal, the court has construed that language to apply only to offenses that occur after the third offense.

3. No Plea Bargain of DWI on Appeal. State v. Rastogi ___ NJ Super. ___(Law Div. Decided October 27, 2008) No. 14-3-2023

The Law Division may not accept a plea bargain to resolve a de novo appeal on the record of a municipal court conviction of driving under the influence.

4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity. State v. Best 403 NJ. Super. 428 (App. Div. 2008)
A school principal may search a student's car parked on school grounds whenever, under the totality of the circumstances, the principal reasonably suspects that evidence of criminal activity will be found in the vehicle. In light of the strong State interest in maintaining order, safety and discipline in the school environment, neither probable cause nor a warrant is required.

5. Internal Affairs Investigation Can Be Released. Spinks v. Clinton 402 NJ Super. 454 (App. Div. 2008)

Three former Township of Clinton police officers appealed from two orders granting summary judgment to defendants, The Township of Clinton and Stephen Clancy, the Police Chief of Clinton. Plaintiffs had pled guilty to falsifying documents concerning their police activities, were admitted into a pre-trial intervention program, resigned their positions as police officers, and stipulated they would not work again in law enforcement in New Jersey.

Following this, they sued defendants, alleging retaliation in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983, and unlawful termination based upon age in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12. After reviewing plaintiffs' contention affirmed the orders.

Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at: newsletter@njlaws.com or click here.
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Our Law blogs:

NJ Criminal Law Blog: http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog: http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog: http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.

Editor's Note and Disclaimer:

All materials Copyright 2009. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

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

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and
Federal District Court

Forward email

This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Email Marketing by Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817

NJ Laws Email Newsletter E296 February 25, 2009

2009-02-25T14:01:00.000-08:00

NJ Laws Email Newsletter E296
Kenneth Vercammen, Attorney at Law

February 25, 2009

In This Issue:
_______________
1. Brendan
Vercammen
Wins Wrestling
District
Championship.

2. Division in dicta
Says All 3rd
Offense Unsafe
Have 4 Points.

3. Conflict of
Interest if Trial
Counsel Represents
Both Defendant
and Another Person
Who May Have
Committed Offense.

4. Defendant Should
be Present in Court
and Advised of the
Right to Appeal
Unless They Waive
Appearance.

5. D.V. Related
Assault Can Be
Expunged.

6. 2009 Metuchen
Public Defender
Volunteer
Internships.

1. Brendan Vercammen Wins Wrestling District Championship

South Brunswick's Brendan Vercammen (171) won the District 20
wrestling championship on February 21. He defeated a defending champ
from Old Bridge. South Brunswick's Joe Dougherty was named the
District 20 Coach of the Year.

Winning 2nd place and earning a trip to the Region 5 tournament were
Cody Shelcusky, Colin Preacher, Kevin Wadiak and James Pagano.
Finishing 3rd place and also participating in the Region 5 championships are
Tyler Jaramillo and Jeff Goldhagen.

The Regions are at North Hunterdon High School on Route 31 on
Tuesday, Friday & Saturday. Come out & support the team.

Joe Dougherty of South Brunswick led his squad to a third-place finish in
the Districts and a 19-9 record this season to be named district Coach of the
Year. Also helping this great team record were seniors Manny Ortiz, Edmund
Jasabe, Josh Weinstein, plus Mike Blaine and the super freshmen Fran White,
Drew Seroka, and Justin Lopez.

Home News Article:
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009902210354

Star Ledger Article:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/district_20_results_high_schoo.html

Wrestling Blog:
http://blogs.mycentraljersey.com/onthemat/?s=vercammen
Recent Cases:
2. Appellate Division in dicta Says All 3rd Offense Unsafe
Have Four Points. Patel v. MVC 403 NJ Super. 373 (App. Div. 2008).

New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the
Motor Vehicle Commission shall assess the driver points for a third or
subsequent offense. The statute also affords relief from the assessment of points
when an offense is committed more than five years after a prior offense. In this
appeal, the court has construed that language to apply only to offenses that
occur after the third offense.
3. Conflict of Interest if Trial Counsel Represents Both Defendant
and Another Person Who May Have Committed Offense.
State v. Alexander 403 NJ Super. 250 (App. Div. 2008).

In this appeal, the court reversed the denial of post-conviction relief
because trial counsel's representation of both defendant and another individual,
who allegedly participated in crimes with defendant, placed counsel in a per se
conflict of interest. The court held that because the conflict arose between the
entry of a guilty plea but before sentencing, there was no cause to disturb the
plea, but that defendant was entitled to be resentenced following a determination
of what might have occurred had defendant sought to cooperate with law
enforcement regarding his alleged cohort.
4. Defendant Should be Present in Court and Advised of the Right
to Appeal Unless They Waive Appearance. State v. Taimanglo
403 NJ Super. 112 (App. Div. 2008).

Part III of the Rules govern municipal appeals in the Law Division.
Defendant must be afforded right to be present and allocution unless
waived on the record. He must also be advised of right to appeal and
State v. Molina, 187 N.J. 531 (2006) applies in the absence of adherence
to R. 3:21-4(h). The conviction in this case is affirmed because the remand
conducted pending the appeal permitted defendant to raise all issues in the
Law Division and the de novo review cured defects in the municipal court
proceedings.
5. D.V. Related Assault Can Be Expunged. In the Matter of the
Expungement of the Criminal Records of N.M.H.
___ NJ Super. ___ (Law Div. Decided January 17, 2008)
No. 14-3-2048

A person who has pleaded guilty to simple assault is not prevented
from having the offense expunged solely on the basis that it constitutes
an act of domestic violence.
6. 2009 Metuchen Public Defender Volunteer Internships

The Public Defenders provide Indigent individuals charged with
criminal or serious motor vehicle charges with free or limited cost
legal defense. The Public Defender of Metuchen invites students
interested in attending law school or a career in law enforcement to
apply to serve as volunteer interns. Volunteer Law Clerk interns will
attend Wednesday evening and Friday afternoon court sessions.

The Kenneth Vercammen & Associates Law Office in Edison also
offers a law clerk volunteer internship. Information regarding our Law
Office plus articles on some of the type of matters students may work
on can be found on the Internet website www.njlaws.com. Please post
these positions.

Interested students must mail or fax a cover letter indicating the internship
they are applying for and resume. If no personal cover letter by student, the
resume will not be considered.

Details on internships at: http://www.njlaws.com/intern.htm

VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN

Court times: WEDNESDAY 3pm PM [approx]- 8:15 PM, Friday 9am,
plus hearing preparation work.

VOLUNTEER INTERNSHIP DESCRIPTION:
-INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL
COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING,
ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER
DISORDERLY AND TRAFFIC OFFENSES
-MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE
REPORTS
-ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL
ATTORNEYS,
-PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS
-CONDUCT APPROPRIATE LEGAL RESEARCH
- ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY
ACTIVE PARTICIPATION
- PARTICIPATE IN PUBLIC RELATIONS ACTIVITIES and help
set up seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and
criminal law websites.

Volunteer to help indigent people charged with criminal and motor
vehicle offenses of magnitude. In additional to time in court, you will be
given research assignments. You can work more hours if you want. Help
people less fortunate than you who are down on their luck.

Program lasts 12 weeks. Minimum time commitment September-
May is 10 hours per week.

For Summer- College graduates and Law students only. Minimum
Volunteer time commitment in summer- 18 hours per week. Send cover
letter and resume. After sending resume, call to schedule interview
732-572-0500.

We sponsor a state wide website www.njlaws.com with information
on criminal, litigation, personal injury, and probate matters. It is helpful if
applicants have some familiarity with HTML programming, web page
design and maintenance and Internet technology. If you can update a website,
please indicate so in the first paragraph of your cover letter. This office is
committed to excellence and service to clients and the community. Applicants
must have attention to detail. We attempt to give assignments which will be
meaningful and memorable but, nevertheless, expect that interns will pitch in
on whatever needs to be done.

Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030

Thank you for reading our newsletter! God Bless America USA #1

Our hope is that every one of our current subscribers will sign up at least
one friend as a new subscriber to the NJ Laws Newsletter. If you know someone
who would also like to receive this email newsletter, please have them email us
at newsletter@njlaws.com or click here.

(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)

Our Law blogs:

NJ Criminal Law Blog: http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog: http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog: http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to
our friends and clients our sincere gratitude because it is good friends and clients
that make our business grow. Client recommendation is a very important source
of new clients to us. We are grateful for the recommendation of new clients.
We will do our best to give all clients excellent care. We shall do our best to
justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.

Editor's Note and Disclaimer:

All materials Copyright 2009. You may pass along the information on the NJ Laws Newsletter

and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

Website: www.njlaws.com

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court