Mr. Kenneth Albert Vercammen Esq.

3rd Cell phone use includes possible 90-day loss of license

Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased. More details at http://www.njlaws.com/39_4-97_3cellphone.htm

39:4-97.3 d. A person who violates this section shall be fined as follows:

(1) for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

(2) for a second offense, not less than $400 or more than $600 plus court costs; and

(3) for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

The full statute is below
39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

Kenneth Vercammen Esq. 732-772 -0500. 2053 Woodbridge Ave. Edison, NJ https://njlaws.com/alphabetical_index.asp

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Drug Recognition Evaluator DRE

Drug Recognition Evaluator (DRE)
A Drug Recognition Evaluator (DRE) is a police officer who claims they can recognize whether someone is on drugs, what kind of drugs they are on, and whether their ability to drive has been impaired. The theory of the DRE is that they claim to be able to determine whether someone is under the influence of drugs through a visual evaluation. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 19. There are few Appellate courts that have called them experts.
DREs frequently administer their tests when someone is arrested for drunk driving, but passes a breath test. The DRE's testimony may provide better evidence for the prosecution than toxicology reports. Blood tests may not measure the quantity of drugs taken and, even if they do, may not show a level high enough to prove impairment. Urine tests do not accurately pinpoint when the drugs were ingested and may not show the quantity. Therefore blood and urine tests alone may not be sufficient to prove the person was affected by drugs when they were driving. The DRE argues they can provide the link between the toxicology report and the Driving Under the Influence charge. The DRE offers testimony that the defendant failed the physical tests administered by the DRE, showing that the defendant may be impaired by the drugs in his system. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20. The DRE advises that their examination of the suspect is broken into 5 parts: 1. Coordination tests. The suspect must perform the "walk and turn," "one leg stand," "finger to nose," and "Romberg balance" test (where he must estimate when 30 seconds have passed while standing with his head tilted back and his eyes closed).
2. Eye tests. The DRE checks the suspect's pupil size under various lighting conditions. He checks for "horizontal gaze nystagmus" where the eyes twitch when looking off to the side and "vertical nystagmus" where the eyes twitch when looking up. The DRE also checks to see if the eyes cross normally when looking down at the nose.
3. Vital signs. The DRE measures the suspect's pulse, temperature and blood pressure.
4. Muscle tone. The DRE feels the suspects arm muscles to see if the are loose and rubbery or tense.
5. Visual inspection. The DRE inspects the suspect’s mouth and nose for signs of drug ingestion, the presence of drug debris and discoloration. The DRE checks the suspect's arms for needle marks. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
The DRE determines whether the results of the exam performed on the suspect match symptoms associated with 7 drug classes. The drug classes used are central nervous system (CNS) depressants, CNS stimulants, hallucinogens, phencyclidine, narcotic analgesics, inhalants, and cannabis. Journal of Analytical Toxicology, "Laboratory Validation Study of Drug Evaluation and Classification Program: Ethanol, Cocaine, and Marijuana", Vol. 20, October 1996, p. 468. For example, a person on a depressant should have normal pupils, but twitching eyes on the nystagmus tests, a slow pulse rate, low blood pressure, drowsiness, and slurred speech. Persons on cannabis should have dilated pupils, no eye twitching, a high pulse rate and blood pressure, their eyes may not cross normally when they look down their nose, and they may have disorientation. The DRE also interviews the arresting officer, reviews the breathalyzer results and asks the suspect if he has been using drugs. Finally, the DRE concludes whether the suspect is behaviorally impaired, if the impairment is drug-related, and the drug class or combination of classes likely to be causing the impairment. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
Drug Recognition Experts are Not Recognized by New Jersey Courts There is no decision from the New Jersey Supreme Court recognizing the reliability of DRE testimony as proof of driving under the influence. The written opinions which permit the admission of DRE testimony either say the evidence is "non-scientific" or do not address this issue. However, the recent U.S. Supreme Court case, Kumho Tire Co. v. Carmichael, 119 S.Ct. 1167 (1999), extends the Daubert screening test for expert testimony to "non-scientific" testimony. Therefore, if the N.J. Supreme Court adopts Kumho, the DRE's testimony would not qualify as reliable evidence using the Daubert test. See Lawyers Weekly USA ,
"Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
source Lawyers Weekly USA
Kenneth Vercammen Esq. 732-572-0500
2053 Woodbridge Ave. Edison, NJ 08817
https://njlaws.com/index.asp

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If unmarried and die without a Will

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

1. The procedure to distribute assets becomes more complicated. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.

2. Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and legal fees
3. State law determines who gets assets, not you. People who dislike you or don’t care about you can get your assets
4. If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.
5. It often causes fights and stress within your family and sometimes lawsuits
6. If there are minor children a Judge determines who gets custody of grand children
7. You lose the opportunity to reduce State inheritance taxes and Federal estate taxes without improper planning
When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly.

Who don’t you want to receive your assets?
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?
Beware of online documents not prepared by an attorney. Never use a form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.
Make sure it is a Self-proving Will and says no bond required.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
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.

Kenneth Vercammen Esq. 732-572-0500
2053 Woodbridge Ave. Edison, NJ 08817
https://njlaws.com/index.asp

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Leaving scene the scene of accident involving injury or death

39:4-129(a) Leaving the scene of
accident involving injury or
death
First offense: Fine or 180 days
imprisonment, or both, and
suspension of driving privileges for
1 year from date of conviction.
Imprisonment shall be imposed
only if death or injury to another
person

fines $2500 $5000
NJ MVC Points 39:4-129 Personal Injury 8
Plus 8 car insurance points

Subsequent offense: Fine or 180
days imprisonment from date of
conviction, or both, and permanent
forfeiture of driver's license.
Imprisonment shall be imposed
only if death or injury to another
person
$2500 $5000
NJ MVC Points 39:4-129 Personal Injury 8
Plus 8 car insurance points

39:4-129, 39:4-130 Leaving Scene of Accident and Failure to Report, Car Accident

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. There is mandatory 6 month loss of license for leaving the scene. Our goal as the attorney is to negotiate with the prosecutor to reduce down to a violation with no suspension.
39:4-129 Action in case of accident.
39:4-129 . (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
More info at http://www.njlaws.com/leaving_the_scene.html
In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

Kenneth Vercammen Esq. 732-572-0500
2053 Woodbridge Ave. Edison, NJ 08817
https://njlaws.com/index.asp

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No criminal harassment to give the finger

The middle finger is one of the most common insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floors of legislatures.
The pursuit of criminal sanctions for use of the middle finger infringes on First Amendment rights, violates fundamental principles of criminal justice, wastes valuable judicial resources, and defies good sense. Indeed, the U.S. Supreme Court has consistently held that speech may not be prohibited simply because some may find it offensive. Criminal law generally aims to protect persons, property, or the state from serious harm. But use of the middle finger simply does not raise these concerns in most situations, with schools and courts as the exceptions.

The NJ Supreme Court ruled Harassment requires criminal intent by defendant, not that someone feels harassed.
Not criminal harassment to publish rude flyers
State v. Burkert 231 N.J. 257 (2017)
To ensure that N.J.S.A. 2C: 33-4(c) harassment does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to “alarm” and “seriously annoy” must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interfere with that person’s reasonable expectation of privacy.
HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to “alarm” and “seriously annoy” must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interfere with that person’s reasonable expectation of privacy.
1. N.J.S.A. 2C:33-4 distinguishes between “communications” and “language” that violate the statute in subsection (a), and “conduct” and “acts” that do so in subsection (c). Although a “course of alarming conduct” or “repeatedly committed acts” can occur through communications and language alone, it is far from clear that the Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct, is reinforced in State v. Hoffman, 149 N.J. 564 (1997).
2. Criminal laws touching on speech must give fair notice of where the line is set between what is permissible and proscribed and must be drawn with appropriate definiteness. A court can invalidate a statute that is substantially overbroad on its face if the statute reaches a substantial amount of constitutionally protected conduct. Such a drastic remedy, however, is not the only—and not even the preferred—approach. Provided that a statute is reasonably susceptible to an interpretation that will render it constitutional, courts must construe the statute to conform to the Constitution.
3. The vaguely and broadly worded standard in N.J.S.A. 2C:33-4(c) does not put a reasonable person on sufficient notice of the kinds of speech that the statute proscribes. The statute’s vagueness also gives prosecuting authorities undue discretion to bring charges related to permissive expressive activities. That, in turn, means that the statute—if not more narrowly defined—has the capacity to chill permissible speech. Under N.J.S.A. 2C:33-4(c), a person who, with the purpose to seriously annoy another, does seriously annoy another is guilty of harassment. Speech, however, cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt. The First Amendment protects offensive discourse, hateful ideas, and crude language because freedom of expression needs breathing room and in the long run leads to a more enlightened society.
Outside of the category of obscenity, courts should not play the role of censor by engaging in a weighing of an expression’s value or relative social costs and benefits. Speech cannot be criminalized merely because others see no value in it. Nonetheless, neither the First Amendment nor Article I, Paragraph 6 of our State Constitution prohibits the State from criminalizing certain limited categories of speech, such as speech that is integral to criminal conduct, speech that physically threatens or terrorizes another, or speech that is intended to incite imminent unlawful conduct. The First Amendment also does not bar states from enacting laws that punish expressive activity when substantial privacy interests are being invaded in an essentially intolerable manner.

Kenneth Vercammen Esq. 732-572-0500
2053 Woodbridge Ave. Edison, NJ 08817
https://njlaws.com/index.asp

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Refusal Penalty not Taking Breath Test

The State must prove all elements of a refusal beyond a reasonable doubt. State v. Cummings 184 N.J. 84 (2005). [Not preponderance]
The elements the state must prove are whether a driver refused to submit to the test upon request of the officer..., N.J.S. 39:4-50.4a(a), and whether the taking of samples were made in accordance with the provisions of this act.... N.J.S. 39:4-50.2(a). There are sometimes defenses based on errors by the testing officer in the attempt to obtain a sample.
The Refusal Act requires, “A standard statement, prepared by the director, shall be read by the police officer to the person under arrest. N.J.S. 39:4-50.2(e). This statement, by statute, mandates that the police officer shall inform the person tested of his rights N.J.S. 39:4-50.2(d).
There must be testimony that all the warnings were supplied to the drivers. That is the state’s job.
Failure to read the correct standard statement completely is a defense to refusal.
Pursuant to the implied consent law, N.J.S.A. 39:4-50.2(e), the Attorney General's current standard statement (revised and effective July 1, 2012), to be read to motor vehicle operators to inform them of the consequences of refusing to submit to a breath test, provides, in pertinent part
5. If you refuse to provide samples of your breath, you will be issued a separate summons for the refusal. A court may find you guilty of both refusal and driving while intoxicated.
6. If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to $2000, installation of an ignition interlock, and referral to an Intoxicated Driver Resource Center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty.
The court in State v Quintero 443 NJ Super. 620 (App. Div. 2016) held that the current standard statement, [if read correctly] satisfies the statutory mandate — that is, informing motorists and impelling compliance — by adequately informing drivers of the maximum potential license revocation and fine, and the possibility of ignition interlock, that they face for refusal.

However, There was no testimony this correct statement was actually read to the person sitting in the car, not driving.
The Alcotest operator must follow specific machine instructions.
The NJ Supreme Court in State v. Chun 194 N.J. 118 (2008) wrote: The operator then attaches a new, disposable mouthpiece and removes cell phones and portable electronic devices from the testing area. The operator is required to read the following instruction to the test subject: “I want you to take a deep breath and blow into the mouthpiece with one long, continuous breath. Continue to blow until I tell you to stop. Do you understand these instructions?” Chun at 80-81. If the operator fails to follow these instructions, the defendant is not guilty of refusal. There was no testimony this was said to the defendant.

"Zealousness in ridding our roads of drunk drivers cannot overcome our ordinary notions of fairness to those accused of these offenses. State v. Chun 194 N.J. 118 (2008) And from time to time, courts must re-examine much of our earlier jurisprudence as part of our consideration of the issues raised in this appeal. Id. at
Based on the seriousness of the consequences of a refusal conviction, our Supreme Court in recent years has redefined the offense from civil to quasi-criminal in character. For example, the Supreme Court held that double jeopardy principles barred retrial of a refusal acquittal even though the facts would otherwise support conviction. State v. Cummings supra at 92-93 (internal citations omitted). Also, the Court elevated the burden of proof required for conviction from preponderance of the evidence to proof beyond a reasonable doubt, State v. Widmaier 157 N.J. 475 (1999) despite the plain language of the statute. Ordinary notions of due process and fair play, especially within a statutory scheme that contemplates reading a standard statement to convey information to an arrestee, militates against the creation of a conclusive presumption that a mere reading of a standard statement in a way that is unintelligible to particular defendant constitutes proof of an element of the offense beyond a reasonable doubt.

Kenneth Vercammen Esq. 732-772 -0500. 2053 Woodbridge Ave. Edison, NJ https://www.njlaws.com/refusal_of_breathalyzer.html?id=782&a=

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What are Release and Refunding Bonds

What are Release and Refunding Bonds
Under New Jersey law it is the duty of the fiduciary [Executor or Administrator] to make arrangements to pay bills and other estate expenses and carry out instructions under the Will. NJSA 3B: 23-24 provides the fiduciary shall take a Release and Refunding Bond from each beneficiary.

Please read the enclosed draft Release and Refunding Bonds. When the estate is finished and ready to disburse money, you will fill the amount each will receive. You should type up an informal accounting to show assets of the estate, the expenses and amounts each beneficiary will receive. To make things easy, you can attach a copy of your checkbook register.

Every beneficiary will need to sign his or her Release and Refunding Bond in front of an attorney or notary. If any beneficiary does not sign their release and refunding bond, then the estate funds cannot be distributed to anyone until approved by the Superior Court. An Accounting and Court approval under Rule 4:87-1 would take many months. We are requesting all beneficiaries to immediately make arrangements to sign the Release and Refunding Bond and return it to my office. Please also note under New Jersey law each beneficiary must certify they do not owe child support. Each beneficiary must fill out the child support section by hand.

The signed Release & Refunding Bonds must be filed with the County Surrogate and small fee paid. If the Surrogate required a bond, a copy of each filed Release & Refunding Bond must be provided to the bonding company.
In the State of New Jersey, it is essential that Executors and Administrators obtain and file with the Surrogate’s Court, either an executed Release or combined Release & Refunding Bond from each beneficiary of the testator’s estate. Once debts and taxes of the state are paid, AND the Executor or Administrator is ready to make final distribution, the Executor or Administrator must have each beneficiary sign a “Release & Refunding Bond.”
By executing a Refunding Bond, the beneficiary is agreeing that, in the event the assets distributed to him or her are needed at a later time to pay any debt of the estate, the beneficiary will then return part or all of the assets needed to pay estate debts. This provides the Executor or Administrator with security in the unlikely event claims are subsequently made against the estate. The release is proof that the Executor or Administrator has made distribution and that the beneficiary has received his or her bequest or distributive share.
Source
http://www.bergencountysurrogate.com/refundingbond&releaseforms.pdf
REFUNDING BOND AND RELEASE
By statute (N.J.S.A. 3B: 23-24) an Executor or Administrator is required on paying a beneficiary his/her share of the estate, to take a Refunding Bond and Release from the beneficiary and to file the bond in the Surrogate’s Court. The statute requires that the Refunding Bond and Release be in the amount or value of the beneficiary’s share of the estate. The Refunding Bond and Release must be signed by the beneficiary before a Notary Public or attorney. If the beneficiary is a minor or incapacitated person, the Refunding Bond and Release must be signed by the guardian of the property.
The Refunding Bond and Release has a dual purpose:
Refunding – To refund to the Executor or Administrator out of his/her share of the estate his ratable part of any unpaid debts, owed by the testator or intestate, if there are no other assets to pay them. Source http://www.mercercounty.org/government/county-surrogate/refunding-bond-and-release
Release - To discharge the Executor or Administrator of an estate of his/her duties upon distribution to the beneficiary of his/her share of the estate.
In an Administration that required a Surety Bond, the Administrator must request a Certificate of Release from the Surrogate at the time he/she files the Refunding Bond and Release. A Surety Bond will not be cancelled by the insurance agent unless the Certificate of Release is presented to the agent.
It is necessary to file the completed Refunding Bond and Release from each beneficiary of the estate with the Surrogate’s Court. The statutory fee for filing is $ 10.00 per bond and $ 5.00 for the Certificate of Release.

Source http://www.mercercounty.org/government/county-surrogate/refunding-bond-and-release

Kenneth Vercammen Esq. 732-572-0500
2053 Woodbridge Ave. Edison, NJ 08817https://www.njlaws.com/probate_release_refund_bond.html?id=744&a=

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Neglect of elderly person 2C:24-8

2C:24-8 neglect of elderly person, disabled adult; third degree crime 1. a. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who abandons the elderly person or disabled adult or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly person or disabled adult, is guilty of a crime of the third degree. For purposes of this section "abandon" means the willful desertion or forsaking of an elderly person or disabled adult.

b. A person shall not be considered to commit an offense under this section for the sole reason that he provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the elderly person's or disabled adult's established religious tradition, to an elderly person or disabled adult to whom he has a legal duty to care for or has assumed responsibility for the care of.

c. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.

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CONSENT TO ENTER JUDGMENT with deadbeat tenants

Clause to add All payments made during the term of this agreement shall be applied first to the rents that become due after today, and then they shall be applied to pay the balance of the arrears stated in paragraph 1. If the Tenant makes all payments required in paragraph 2b of this agreement, the Landlord agrees not to request a warrant of removal. If the Tenant does not make all payments required in paragraph 2b of this agreement, the Tenant agrees that the Landlord, with notice to the tenant, may file a certification stating when and what the breach was and that a warrant of removal may then be issued by the clerk. THIS MEANS THAT IF THE TENANT FAILS TO MAKE ANY PAYMENT THAT IS REQUIRED IN PARAGRAPH 2b OF THIS AGREEMENT, THE TENANT MAY BE EVICTED AS PERMITTED BY LAW AFTER THE SERVICE OF THE WARRANT OF REMOVAL.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
More info at http://www.njlaws.com/landlords-eviciting_tenants_for_nonpayment.html

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Evidence Rule 501 Spousal privilege

NJ Evidence Rule 501. Spousal privilege
N.J.S.A. 2A:84A-17 provides: (1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify. (2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant.
2C:12-1 Simple Assault & Aggravated assault
2C:12-1 . Assault. a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

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Shoplifting penalties and jail

Shoplifting penalties if charges are not dismissed
2c:20-11 …..
(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.

(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.
(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.

Mandatory Community service if found guilty:
Any person convicted of a shoplifting offense shall be sentenced to perform community service as follows:
for a first offense, at least ten days of community service;
for a second offense, at least 15 days of community service;
and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.
Criminal Indictable and Disorderly Offense Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and other penalties
Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.

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39 4 88 lane violation

39:4-88 Failure to drive properly in marked lanes 2 points
Fine or imprisonment not exceeding 15 days, or both
fines $50 -$200 plus court costs Plus 2 car insurance points and possible non renewal by insurance company
Penalties set forth at 39:4-203

39:4-88 Traffic on marked lanes aka unsafe lane change 2 points

When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:

a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.

b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.

d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are signposted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.

e. When such roadway had been divided in such a manner that there are three or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except:

(1) when and to the extent necessary to prepare for a left turn; a truck may be driven in the farthest left lane for up to one mile to prepare for a left hand turn as authorized under this paragraph;
....39:4-88.1 Penalties, fines.
2. The penalty for a violation of failing to keep right under R.S.39:4-82 or failure to observe traffic lanes under R.S. 39: 4-88 shall be a fine of not less than $100 or more than $300. In addition to any fine that may be imposed, a surcharge of $50 shall be imposed on each person found guilty of a violation of R.S.39:4-82 or R.S.39: 4-88 . The State Treasurer shall annually deposit the surcharge into the fund established pursuant to section 3 of P.L.2013, c.86 (C.39:4-88.2).

Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.
You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.
Kenneth Vercammen, Certified Criminal Trial Attorney
Past NJSBA “Municipal Court Attorney of the Year”
Former Prosecutor of Cranbury Municipal Court
and co-Author of: ABA "Handling Drug and DWI Cases."
Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!
For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm

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STorm certification and private prosecutors

Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal State v. Valentine 373 NJ Super. ___
(App. Div. 2005)

Defendant sought reversal of his conviction of simple assault because the private attorney who prosecuted the case in municipal court failed to file a certification, required by R. 7:8-7(b), that would address the concerns expressed in State v. Storm, 141 N.J. 245 (1995), thus precluding the municipal judge from determining whether there was "good cause" for the private prosecution. The court rejected the state's argument that defendant's failure to show he was prejudiced may excuse this structural defect in the municipal proceedings, and reversed.

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Elect against Will by spouse

Elective share of surviving spouse in New Jersey

What is my share of my spouse's estate if I elect to take against the will of my deceased spouse?

In general, a surviving spouse dissatisfied with his or her share under the Will of the deceased spouse may renounce the will and elect to take his or her statutory share of the testator’s entire estate. The surviving spouse is entitled to one-third of the estate provided that at the time of death, the surviving spouse and decedent had not been living separate and apart in different habitations. Generally, the surviving spouse must elect to take his/her elective share by filing a complaint within six months after the appointment of a personal representative of the decedent's estate.

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Cell phone penalties

3rd Cell phone use includes possible 90-day loss of license
fines for talking or texting on a hand-held wireless communications device were increased. More details at http://www.njlaws.com/39_4-97_3cellphone.htm

39:4-97.3 d. A person who violates this section shall be fined as follows:
(1) for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

(2) for a second offense, not less than $400 or more than $600 plus court costs; and

(3) for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

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Marijuana possession penalties

Disorderly person criminal offenses- in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year max
community service 180 days maximum

Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3
plus mandatory costs, VCCO and other penalties
There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

-Petty Disorderly person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other penalties

Indictable Crime Penalties [Felony type] [ Superior Court]
Jail potential Fine max Probation
1st degree 10- 20 years $200,000 [presumption of jail]
2nd degree 5-10 years $150,000 [presumption of jail]
3rd degree 3- 5 years $15,000 1 year- 5 year
4th degree 0- 18 months $10,000 1 year- 5 year

There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

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Allowing a suspended driver to operate 39 3 40

Conviction under this statute brings the following penalties: Upon conviction of the first offense of a fine of $500.00, the defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the MVC (formerly DMV); Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for 1 - 5 days; Upon conviction for the third offense, a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states that upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. If DWS and involved in an accident resulting in personal injury to another person, the court shall impose a period of imprisonment for not less than 45 days.
If an individual violates this section while under suspension under 39:4-50 (DWI), they shall be fined $500.00 extra and have their license suspended for an additional period not less than one year nor more than two years and mandatory county jail for 10 - 90 days. If suspended for Failure to Pay a Surcharge, there is an extra $3000.00 fine.

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2C 33 15 Underage Possession:Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

Underage drinking and Misrepresenting age to induce sale or delivery to minor

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Evicting tenants in NJ CONSENT TO ENTER JUDGMENT (TENANT REMAINS)

THE TENANT AND LANDLORD HEREBY AGREE THAT:
1. The Tenant shall pay to the Landlord $ , which the Tenant admits is now due and owing and AGREES TO THE IMMEDIATE ENTRY OF A JUDGMENT FOR POSSESSION.
2. The Tenant shall pay the amount shown in paragraph 1 as follows:
a. $ immediately, which the Landlord admits receiving.
b. The Tenant shall pay the rest of the amount shown in paragraph 1 as follows:
3. The Tenant also agrees to pay $ each month as required by the rental agreement, in addition to the payment required in paragraph 1, until this settlement agreement is over.
4. All payments made during the term of this agreement shall be applied first to the rents that become due after today, and then they shall be applied to pay the balance of the arrears stated in paragraph 1. If the Tenant makes all payments required in paragraph 2b of this agreement, the Landlord agrees not to request a warrant of removal. If the Tenant does not make all payments required in paragraph 2b of this agreement, the Tenant agrees that the Landlord, with notice to the tenant, may file a certification stating when and what the breach was and that a warrant of removal may then be issued by the clerk. THIS MEANS THAT IF THE TENANT FAILS TO MAKE ANY PAYMENT THAT IS REQUIRED IN PARAGRAPH 2b OF THIS AGREEMENT, THE TENANT MAY BE EVICTED AS PERMITTED BY LAW AFTER THE SERVICE OF THE WARRANT OF REMOVAL.
5. This agreement shall end when the Tenant has paid the full amount of rent stated in paragraph 1 and then the judgment shall be vacated and the complaint shall be dismissed.

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Refusal to take breath test and insufficient sample

The police officer shall ... inform the person arrested of the consequences of refusing to submit to such test in accordance with [N.J.S. 39:4-50.4a]. N.J.S. 39:4-50.2(e). Sometimes a driver is confused by the Miranda warnings and the conflicting DWI Paragraph 36. Our Supreme Court has recognized the confusion doctrine in State v. Leavitt 107 N.J. 534, 542 (1987). Confusion was also acknowledged as a defense to refusal in DMV v Schaltz 4 NJAR 61 (1980). The Alcotest requires 1.5 liters of air. The original Law Division case of State v. Foley 370 N.J. Super. (Law Div. 2003) held a refusal should not be charged if the subject gives at least .05 liters of air.
Operators must wait twenty minutes before collecting a sample to avoid overestimated readings due to residual effects of mouth alcohol. The software is programmed to prohibit operation of the device before the passage of twenty minutes from the time entered as the time of the arrest. Moreover, the operator must observe the test subject for the required twenty-minute period of time to ensure that no alcohol has entered the person’s mouth while he or she is awaiting the start of the testing sequence. In addition, if the arrestee swallows anything or regurgitates, or if the operator notices chewing gum or tobacco in the person’s mouth, the operator is required to begin counting the twenty-minute period anew. Chun at 79. The operator must testify they complied with this section of the decision.

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Expungement of pot and other criminal charges

Please fill out blank lines on your computer or by hand and email or return to office to start Expungement, and provide check or credit card info. You need to provide us with the Certified disposition if your prior offense was in Municipal Court. The Certified disposition should be provided to the Superior Court. To obtain the certified disposition, simply contact the Municipal Court. They will charge a fee of approx $10.00.
If you are unable or unwilling to do this, our fee to drive to the court to obtain the Certified disposition is an additional $300.
If your prior charge was in Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea.
If PTI Pre-trial intervention, provide copy of Order of Dismissal.

The court-filing fee is requires a separate check. $75.00 payable, Treasurer, State of NJ
Check payable Postmaster Edison $70.00 for certified mail

1. Petitioner's name is _____________.
any other name used___________________.
Current address ___________________________________
CITY _____________________________ STATE _______ ZIP __________

CELL-PHONE ___________________________________ (Area Code Needed)

OTHER PHONE-DAY __________________________

E-MAIL ADDRESS ______________________________________________

REFERRED BY: _______________________________________________

2. Petitioner's date of birth is _______, Social Security Number is ________

3. Petitioner was charged on ________________ for violation of the following:
N.J.S.A. 2C: ______________

type of offense _________________

Town ___________________ rev 7/6/17

Summons/ Warrant/ Complaint # ____________________
[Leave out traffic tickets ex 39:4-49.1. Traffic tickets cannot be expunged]
The original complaint number was ___________

4. This matter was in ___________ County .

5. This matter was heard in the ______________ Municipal Court on __________

6. On ______, I plead guilty of the following offense: ________________________.
I was fined _____, costs of ______ and ______.

Or

on ________________, charges were dismissed

7. The following are all other charges against me since I was 18 year old, even if the charge was dismissed: [IF NONE, WRITE NONE]
Petitioner was charged on ________________ for violation of the following:
N.J.S.A. 2C: ______________

type of offense _________________
Summons/ Warrant/ Complaint # ____________________

Other prior offenses:
This matter was in ___________ County , town ______________

Disposition/ result ___________________________________
[If none, write none, don’t leave blank]

The client must provide a written disposition to the court for all prior criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. The Law Office can obtain the a Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves.
Details on expungement at http://www.njlaws.com/expungement.html

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39:4-97 Careless driving Fine or imprisonment not exceeding 15 days 2 MVC points plus court costs

39:4-97 Careless driving
Fine or imprisonment not exceeding 15 days, or both
Fine $50-$200 2 MVC points plus court costs and 2 Car insurance points and possible non renewal by insurance company penalty at 39:4-104
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

The NJ Appellate Division in held in State v Lutz 309 N.J. Super. 317 (App. Div. 1998) that merely because an accident took place a driver does not been the driver is guilty of careless driving. The court wrote:
"Finally, we find merit in defendant's contention that the State failed to prove beyond a reasonable doubt that he was guilty of careless driving.
The court wrote:
It appears that both the Municipal Court judge and the Law Division judge applied a res ipsa loquitur analysis in finding defendant guilty of careless driving. The doctrine of res ipsa loquitur, however, has no application in the determination of careless driving due to the quasi-criminal nature of the proceeding in which the State has the burden of proving beyond a reasonable doubt all elements of the offense. See State v. Wenzel, 113 N.J.Super., 215, 216-18, 273 A.2d 395 (App.Div.1971) (the mere fact of an “otherwise unexplained jackknifing” where a tractor-trailer entering a construction area had jackknifed on the wet roadway, crossed into the opposite lane and broadsided another truck fatally injuring the truck's driver, did not establish that the defendant had been driving carelessly.)
The careless driving statute provides:
[a] person who drives a vehicle on a highway carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
[N.J.S.A. 39:4-97.]
Here, other than the accident itself, the State only presented defendant's statement that his vehicle began to slide on the wet highway and continued to do so when he tapped his brakes. Moreover, his apology was not an admission to driving carelessly, but merely a statement that his car had slid on the wet pavement. The State presented no evidence indicating that defendant had been speeding, driving too fast for the wet road conditions, distracted or otherwise driving without due caution and circumspection. Consequently, there was insufficient evidence to support defendant's conviction for careless driving, and we reverse that conviction.
More info at http://www.njlaws.com/careless_reckless_driving.htm

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

Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.
You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.
Kenneth Vercammen, Certified Criminal Trial Attorney
Past NJSBA “Municipal Court Attorney of the Year”
Former Prosecutor of Cranbury Municipal Court
and co-Author of: ABA "Handling Drug and DWI Cases."
Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!
For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm

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Defense by Certification with attorney to traffic ticket

Defense by Affidavit or Certification Program - We Go to Court if You Live Out of Area or Cannot Appear for Court
DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT
Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

Upon request, we provide all potential clients with :
1. Our Written Agreement to Provide Municipal Court Legal Services 2. Municipal Court Information Sheet
We request all potential clients fill out the Municipal Court Information Sheet and return to our office immediately. You also need to fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Visa, Master Charge or American Express over the phone and by fax. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation to the Court, Prosecutor and you. We recommend our clients meet with us once prior to the court date.
After we are retained [paid], we will draft the Defense by Certification for our client. The Certification will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendants Address

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Burglary of building, house, or car

2C:18-2 Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:
(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; [This even includes a car or shed]
(2)Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or(3)Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:(1)Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or(2)Is armed with or displays what appear to be explosives or a deadly weapon.Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

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Administrator CTA of a Will

An Administration C.T.A. (With the Will Annexed) occurs where (1) a testator fails to appoint an executor in his/her Will or (2) where the named executor has died, renounced or otherwise failed to serve prior to the application for probate and the Will names no alternate or substitute executor. (See information sheet for Probate)
The first right to apply for Letters of Administration With the Will Annexed is in the residuary clause of the Will. The residuary legatee is the person to whom a testator bequests the residue of his personal estate after payment of such legacies as specifically mentioned in the Will. If more than one residuary legatee is named, each would be equally entitled to make application.
If the Will contains no residuary clause, any part of the Will, which disposes of property not expressly disposed of by other provisions of the Will, any of the next-of-kin may apply upon obtaining renunciations from the next-of-kin of the same degree of kinship to the testator.
It is necessary at the outset to ascertain certain information in order to do an Administration C.T.A. (See information Sheet for Probate).
1 Check the death certificate to determine which Surrogate’s Court has jurisdiction. The Administration C.T.A. must be done in the county where the decedent resided at time of death.
2 Check the Will to be sure that it is the original Will, not a conformed copy. Only an original Will may be entered into probate by the Surrogate.
3 Determine who the named executor is in the Will. If he/she has predeceased the testator obtain a certified copy of the death certificate.
4 Determine who has the right to make application for Administrator C.T.A. by the residuary clause.
5 Check to see if the Will is “self-proved” (N.J.S.A.3B:3-2). If not, a witness will need to be located to execute a Proof of Witness.
6 List all next-of-kin by names, addresses and if a minor child the age. If there are any deceased next-of-kin then their issue must be named.
7 List all the assets that are solely in the decedent’s name in order to determine the number of short certificates that need to be requested.
8 Determine the value of these assets for the purpose of securing a surety bond.
The Administration C.T.A. cannot occur until the eleventh day from the date of death. The procedure may be initiated in the Surrogate’s Court before the eleventh day but issuance of the short certificates and Letters of Administration C.T.A. will not occur until the eleventh day. This eleven day period allows for the filing of a caveat by the proper degree of kinship.
The Administration C.T.A. procedure is initiated with presenting the original Will together with a certified copy of the death certificate of the decedent and the death certificate of the named executor if having predeceased the decedent. If the purported Will is adjudicated to be valid than an Application for Administration C.T.A. which cites the reason why such an administration is sought and gives the value of the assets comprising the estate, an Authorization To Accept Service of Process, an Administrator C.T.A. Qualification and a Child Support Verification are prepared by the Surrogate for execution by the proposed Administrator C.T.A. The Administrator C.T.A. must sign a surety bond as principal and his/her signature must be witnessed. He/she will take the bond form to an insurance broker, purchase the surety bond and return it to the Surrogate’s Court. The bond amount is determined by the value of the assets in the decedent’s name alone at the time of passing.
After the Administrator C.T.A. has paid funeral expenses, taxes, creditors and any other estate related expenses he/she will perform Child Support Judgment Searches on each beneficiary to ensure no child support is due by any of the beneficiaries. The Administrator C.T.A. will then prepare Refunding Bonds and Releases (see index form) to be executed by each beneficiary before a Notary Public. The completed Refunding Bonds and Releases must be filed with the Surrogate. This Refunding Bond and Release ensures that if a creditor were to make a claim against an estate at a later date, all beneficiaries would place monies back into the estate for payment of the claim. Remember, that an estate is only liable for debts up to the value of the assets of the estate. These bonds also ensure that each beneficiary who inherits under the Will has received proper distribution and the beneficiary is satisfied with the performance of the Administrator C.T.A. The Surrogate will issue to the Administrator C.T.A. a Certificate of Release, which the Administrator C.T.A. will present to the bonding agent to be released from the Surety Bond. The Administrator C.T.A. may then distribute the decedent’s estate pursuant to the Will to each beneficiary.

Source http://www.mercercounty.org/government/county-surrogate-/probate-of-wills/administration-c-t-a-with-the-will-annexed

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Criminal mischief

Criminal Mischief 2C:17-3. a. Offense defined. A person is guilty of criminal mischief if he:
(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S. 2C:17-2; or
(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property.
b. Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.
(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00. It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.

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DWI plea bargaining

Guideline 4. Limitation
No plea agreements whatsoever will be allowed in drunken driving or certain drug offenses.
A. Driving while under the influence of liquor or drugs (N.J.S.A. 39:4-50)
.. .
If a defendant is charged with driving while under the
influence of liquor or drugs (N.J.S.A. 39:4-50) and refusal to provide a breath sample (N.J.S.A. 39:4-50.2) arising out of the same factual transaction, and the defendant pleads guilty to the N.J.S.A. 39:4-50 offense, the judge, on recommendation of the prosecutor, may dismiss the refusal charge.
.. .
Nothing contained in these limitations shall prohibit the
judge from considering a plea agreement as to the collateral charges arising out of the same factual transaction connected with any of the above enumerated offenses in Sections A and B of this Guideline.
The judge may, for certain other offenses subject to minimum mandatory penalties, refuse to accept a plea agreement unless the prosecuting attorney represents that the possibility of conviction is so remote that the interests of justice requires the

Attorney General Guideline: Page 14 Prosecution of DWI & Refusal Violations
acceptance of a plea to a lesser offense.
Plea Agreement Guideline as adopted 7-28-2004, effective 9-1- 2004.
The Supreme Court Plea Agreement Guidelines only apply to two specific offenses: DWI, N.J.S.A. 39:4-50 and DWI refusal, N.J.S.A. 39:4-50.2 and 39:4-50.4a. They do not apply to other DWI or DWI refusal offenses referenced in the definitions for this Guideline.
In any situation where a prosecutor, in a Municipal Court proceeding, intends to engage in plea bargaining, subject to the Limitations imposed by the Supreme Court, the prosecutor must consider other obligations associated with plea negotiations.
First, and foremost, the prosecutor must place on the record the terms and conditions of any plea agreement, and there must be a factual basis which supports any charge or charges to which the defendant intends to plead guilty. Finally, the Court Rules (R. 3:9-2 & 7:6-2(a) & (d)) require that the defendant must be personally addressed by the Court and the defendant must acknowledge he/she is represented by counsel or knowingly waives the right to counsel, admit, on the record, to the facts supporting the charge for which a guilty plea is being entered.
Also, a plea to a violation of an ordinance, when the underlying charge or charges are governed by State statutes is not permitted. State (Tp. of West Orange) v. Paserchia, 356 N.J. Super. 461 (App. Div. 2003).
In addition, prosecutors must adhere to the requirements of R. 7:6-2(d)(3) that the complaining witness (police or law enforcement officer, or private citizen) and the victim are present in court, and have been “consulted about the agreement,” and, where applicable the provisions of N.J.S.A. 39:4-50.12, where a victim suffered injuries, as defined in the statute.
Conditional Guilty Pleas
R. 7:6-2(c) permits, with the consent of the prosecuting attorney, a defendant to enter a “conditional plea of guilty.” However, it is strongly recommended that where this provision is employed, that prosecutors, on the record, elicit from the defendant the factual predicates in support of the “conditional plea of guilty,” and the precise offense for which a “conditional plea of guilty” is being entered.6 This recommendation becomes relevant in the event of an appeal or a PCR application.

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Guardianship and Annual reports

GUARDIANSHIP FORMS- REVISED MODEL JUDGMENT;
NEW FORMS FOR PERIODIC REPORTS BY GUARDIANS;
REPORT OF WELL-BEING; GUARDIAN INVENTORY
The Supreme Court has approved a number of revisions to the model guardianship
judgment. The revised model judgment (forms catalog number 11802) is published with this
notice. A provision has been added to the model judgment to identify the guardian as a personal
representative under HIP AA (the Health Insurance Portability and Accountability Act of 1996).
The model judgment has been further revised so that judges may specify the type and frequency
of guardian reports to be filed pursuant to NJ.S.A. 3B:12-42, with the option of selecting from
the Report of Well-Being, the EZ Accounting report form, and/or the Comprehensive
Accounting report form.
The Supreme Court also has approved two new forms for periodic reports by guardians of
the estate - the EZ Accounting form (forms catalog number 11800) and the Comprehensive
Accounting form (forms catalog number 11801) -as well as a new Guardian Inventory form
(forms catalog number 11799). Additionally, the Court has approved a new Report of Well-being
form (forms catalog number 11798) for use by guardians of the person. A new Report of
Guardian Cover Page (forms catalog number 11797) has been approved for use with all periodic
reports.

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Speeding tickets 39:4-98

The landmark case on Laser speeding tickets is In the Matter of the Admissibility of Motor Vehicle Speed Readings Produced by the LTI Marksman 20-20 Laser Speed Detection System 314 N.J. Super. 233, 714 A.2d 381; (Law Div. 1998) aff’d 326 N.J. Super. 110. (App. Div 1999)

The Law Division held admissibility of such readings shall be subject to the rules set forth below:

1. Expert testimony in support of admissibility shall not be required, except as specifically set forth below.

2. Appropriate training of the law enforcement officer operating the laser speed detector shall be shown in each case.

3. Pre-operational checking procedures recommended by the manufacturer of the laser speed detector shall be shown to have been made in each case.

4. Speed measurements shall be admitted whether made in daylight or at night and within any temperature range likely to be found in New Jersey, even if made under conditions of light or moderately heavy rainfall, but speed measurements taken during heavy rain or while snow is falling shall not be admitted without the support of adequate expert testimony in the individual case.

5. Speed measurements made at any distance up to 1,000 feet shall be admitted, but measurements made at any distance in excess of 1,000 feet shall be admitted only with the support of adequate expert testimony in the individual case.

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Will Preparation

When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will.

Who don’t you want to receive your assets?
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?

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
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.

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Objections to blood tests in DWI

Kenneth Vercammen's Law office represents individuals charged with DWI throughout New Jersey.
THE STATE MUST PROVE CHAIN OF CUSTODY IN A CRIMINAL OR BLOOD CASE According to N.J. Practice, Criminal Procedure by Honorable Leonard Arnold, J.S.C. (West Publishing), Volume 32, Chapter 21, Section 1034, a party seeking to introduce an item of physical evidence must prove that the item was that which was taken from a particular person or place which makes the item relevant as evidence in the trial. Such proof is provided by testimony identifying the item as having been taken from that person or place, and by evidence tracing custody of the item from the time it was taken until it is offered in evidence. This latter evidence is necessary to avoid any claim of substitution or tampering.

State v. Johnson, 90 N.J. Super. 105, 216 A.2d 397 (App. Div. 1965), affd 46 N.J. 289, 216 A.2d 392 (1966). The required proof includes: 1) testimony by an investigator identifying the item as that which the investigator discovered and took; 2) testimony by that investigator that there was no tampering with the item while it was in his/her custody; 3) testimony regarding delivery of the item to the second person who had custody of the item; 4) possibly similar testimony by the second and each subsequent person who had custody of the item until the time of its presentation in court.

Where the item has been submitted to a laboratory for analysis, proof of the chain of custody should ideally include: testimony from the person who took the item (or specimen) to the laboratory; proof of the method of reception and storage at the laboratory prior to and after analysis; up to the time of trial. Arnold, N.J. Practice, Criminal Procedure, Sec. 1034.

The most difficult aspect of the proof specified above is usually the identification of the evidence by the investigator who discovered it. This difficulty arises because of the frequent failure to properly "mark" the item. "Marking" means the placing by the investigator of at least his/her initials on the item. Unfortunately, sometimes items are "marked" by affixing an evidence tag to the item with a string. The investigator then puts his/her initials on the tag. When the string breaks and the tag is lost it may then be impossible for the investigator to identify the item as being the item that was discovered. Arnold, N.J. Practice, Criminal Procedure, Volume 32, Section 1034.

Many excellent texts, one such text is the Handbook of Forensic Science, published by the Federal Bureau of Investigation provide information on the proper "marking" of various types of evidence, and they should be studied by investigators having responsibility for the collection of physical evidence. But the basic rule is as follows: The item should be "marked" by the investigator placing his/her initials, date, and the case number on the item itself. Metallic surfaces should be so "marked" with a machinists scribe. Liquids, soils and small fragments should be placed in a suitable container and sealed. The container should be "marked" by scribing the same information on the container, or by using some other permanent form of marking material on the container. Arnold, N.J. Practice, Criminal Procedure, Volume 32, Section 1034.
With respect to avoiding a claim of substitution of another item for that seized or a claim that the item has been tampered with, the problems of proof can be minimized by designating one investigator as the custodian of all the physical evidence in a given investigation. All investigators who recover physical evidence must turn that evidence over to the custodian, who is then responsible for the evidence from that time forward until trial. N.J. Practice, Criminal Procedure by Honorable Leonard Arnold, J.S.C. (West Publishing), Volume 32, Chapter 21, Section 1034,

Where evidence must be submitted to a laboratory, the custodian delivers that evidence to the laboratory, and obtains a receipt from the laboratory. When the laboratory has completed its examination, it is the custodian who returns to the laboratory, receives the remaining specimen1 from the laboratory, and retains custody of the specimen and brings it to court for trial. By following this procedure, all the physical evidence can be introduced by calling the various investigators who recovered and marked each item of physical evidence, the custodian, and the laboratory specialist who examined the evidence. (The laboratory specialist testifies not only with respect to the laboratory examination, the specialists findings and opinion, but also as to the method of reception and storage at the laboratory prior to and after analysis.) Arnold, N.J. Practice, Criminal Procedure, Volume 32, Section 1034.

For more information go to http://www.njlaws.com/handling_dwi_bl...

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Objecting to consent forms in dwi blood cases

Kenneth Vercammen's Law office represents individuals charged with DWI throughout New Jersey.

1. The State must prove probable cause to stop the motor vehicle;

A WARRANTLESS STOP IS IN VIOLATION OF A DRIVERS FEDERAL AND STATE CONSTITUTIONAL RIGHTS UNLESS THERE IS PROBABLE CAUSE FOR THE STOP.

The Fourth Amendment to the United States Constitution provides: "The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The New Jersey Constitution (1947, Article 1, Paragraph 7) prohibits any unreasonable searches and seizures and guarantees to the people the same rights.

Automobiles are areas of privacy protected by the Fourth Amendment of the United States Constitution. State v. Williams, 163 N.J. Super. 352, 356 (App. Div. 1979). New Jersey Courts have held that Article 1, Paragraph 7 of the New Jersey Constitution affords greater protection than the Fourth Amendment. State v. Davis, 104 N.J. 490 (1986), State v. Kirk, 202 N.J. Super. 28, 35 (App. Div. 1985). The burden is on the State to prove an exception to the warrant requirement showing the need for the search. State v. Welsh, 84 N.J. 348, at 352. Understandable, professional curiosity is not sufficient justification for an intrusion on a constitutionally protected automobile. State v. Patino, 83 N.J. 1 (1980).

When evidence is seized or even a car is stopped without a warrant or violation, the burden of proof is upon the state to prove that there was no Fourth Amendment violation. State v. Brown, 132 N.J. Super. ___ (App. Div. 1975). The state must prove that there was no Fourth Amendment violation by a preponderance of the evidence. State v. Whittington, 142 N.J. Super. 45 (App. Div. 1976). Such searches are presumptively invalid and the State carries the burden of proof of legality. State v Valencia 93 NJ 126, 133 (1983), State v. Brown, supra.; State v. Welsh, 84 N.J. 348, (1980). In the absence of a valid exception to the requirement for a search warrant, a search conducted without a warrant is per se unreasonable. Schnekloth v. Bustamonte, 412 U.S. 218,219, 93 S. Ct. 2041, 36 L. Ed 2d 854, 858 (1973) Enforcement of the federally created rights has been effected by rendering the fruits of unconstitutional searches inadmissible in associated criminal court proceedings Weeks v United States 232 US 383, 34 S. Ct. 341, 58 L. Ed 652 (1914). These restrictions are applicable to the states Mapp v Ohio, 367 US 643, 81 S. Ct. 1684, 6 L. Ed 2d 1081 (1961).

Courts are to afford liberal, not grudging, enforcement of the Fourth Amendment. We do not have one law of search and seizure for narcotics and gambling cases and another for breaking and entering and theft. The meanness of the offender or the gravity of his crime does not decrease, but rather accentuates the duty of the courts to uphold and dispassionately apply the settled judicial criteria for lawful searches under the Amendment. For it is the hard case which sometimes proves the Achilles heal of constitutional rights, even as it tends to make bad law in other areas. State v Naturile 83 NJ Super. 563, 579 (App. Div. 1964).

For more information visit http://www.njlaws.com/handling_dwi_blood.html?id=467&a=

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Driving while suspended defenses 39:3-40

There are two types of license suspension :

1. Court imposed suspension

2. Administrative / Division of Motor Vehicles suspension

The most common scenario reflects where that the driver, through a motor vehicle violation, failure to pay surcharge or a accumulated points has been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (Division of Motor Vehicles), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state.

If the driver is aware that they are on the suspended list and acknowledged they were suspended to the police officer there is little room for defense However, more often than not the driver claims that they were unaware of their placement on the suspension list.

The scenario that will often be presented by the driver is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for Driving While Suspended. Over the past decade several New Jersey cases have crafted the current position on the driving while suspended issue that often confronts many municipal courts throughout the state.

THE STATE MUST SHOW DUE PROCESS AND ADEQUATE NOTICE

The first and foremost is that of adequate notice of the suspension. In Parsekian v. Cresse, 75 N.J. Super. 405 (App Div. 1962), the court ruled that it was incumbent upon the Director of the State Division of Motor Vehicles to provide fair and adequate notice to the licensed driver of the proposed suspension of their license. The court recognized that the Director could not arbitrarily suspend the license of a driver without providing both notice and enunciating specific reasons as to why the license was being suspended.
http://www.njlaws.com/driving_on_a_suspended_license.html
NOTICE BY Division of Motor Vehicles

Where the driver was suspended by the Division of Motor Vehicles, the state must introduce

Notice of scheduled suspension.
Proof of mailing notice.
Order of suspension.
Proof of mailing order.
Certified motor vehicle abstract.
http://www.njlaws.com/driving_on_a_suspended_license.htm

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Clauses in Wills

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH YOUR ATTORNEY MAY INCLUDE IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
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 laws

MAY I CHANGE MY 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.

Save money with proper planning
Your estate will be subject to probate whether or not you have a Will and in most cases, a Will reduces the cost by eliminating the requirements of a bond. With a well-drawn Will, you may also reduce death taxes and other expenses. Don’t pinch pennies now to the detriment of your beneficiaries.
The proper preparation of a Will should involve an analysis of the client’s assets, family and his/her desires.
Estate Planning is the process of examining what will happen to your property when you die and arranging for its distribution in such a manner as will accomplish your objectives.
The cost of a Will depends on the size and the complexity of the estate and the plans of the person who makes the Will. A properly drawn Simple Will without Trust costs approximately $200.00 to $600.00. It is one of the most important documents you will ever sign, and may be one of the best bargains you will ever have.
Be sure your Will takes into account the Federal Tax changes and New Jersey Inheritance Tax changes. Also, ascertain if your Will is “self-proving”, which would dispense with having to find the Will’s witnesses after death.

WHAT IS A WILL?
“A Will is a Legal written document which, after your death, directs how your individually owned property will be distributed, who will be in charge of your property until it is distributed and who will take care of your minor children if the other parent should die ". You should remember that the term “property” under the law includes "real estate as well as other possessions and rights to receive money or items of value.” Everyone who has at least $3,000 in assets should have a Will. You do not have to be wealthy, married, or near death to do some serious thinking about your Will.

Reducing the NJ Estate Tax on estates over $675,000.
A New Jersey estate tax return must be filed if the decedent's gross estate plus adjusted taxable gifts exceeds $675,000.
Even if there is no NJ Inheritance Tax there can be a NJ Estate Tax if the estate exceeds $675,000 and the beneficiaries are children or grand children. There is a substantial tax that must be paid after the 2nd spouse dies on amounts over $675,000.
You can hire an attorney to set up Trusts or a Will with a Credit Shelter Trust to try to reduce NJ Estate taxes due. We charge a minimum fee of $400 for each Trust within a Will. A separate stand alone Trust has a minimum fee for $2,500.
http://www.njlaws.com/wills.htm

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Drug Possession Defense

The defense of a person charged with possession of Controlled Dangerous Substances (CDS) is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with controlled dangerous substances . The Municipal Court has jurisdiction to hear the following drug related Controlled Dangerous Substances offenses: NJSA 2C:5 10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35 10(b), using or being under the influence of CDS; NJSA 2C:35 10(c), failure to deliver cocaine or other CDS to police [County Prosecutors often downgrade possession of small amounts of cocaine to this offense] ; NJSA 2C:36 2, possession of drug paraphernalia At the initial interview the defense attorney must determine what happened, what was told to police and the possible defense witnesses to be interviewed. Defense counsel should completely understand the facts and circumstances of the stop and arrest. Defense counsel should explain to the client the possible penalties which can be imposed.
http://www.njlaws.com/drug_possession.htm
Depending on the case, County and prior offenses, fees range between $1,000- $7,000. My standard procedure, once we are retained, is to immediately send a discovery letter/letter of representation to both the Prosecutor and the Court Clerk. We try to stay in close contact with the client. I also can provide the client with a brochure setting forth phone numbers and addresses for substance abuse treatment programs with a recommendation they seek help for any problem. Proof of attendance of such a program is of benefit at sentencing or an application for PTI or conditional discharge. A timely Motion to Suppress Evidence must be made pursuant to Rule 3:5 7. Do it immediately, do not wait to receive discovery.

Pre trial Intervention/ PTI If the Suppression Motion is unsuccessful or not a viable option, counsel should discuss the possibility of obtaining Pre trial Intervention. For marijuana and small amounts of cocaine, heard in Municipal Court, N.J.S.A. 2C: 36A 1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21 27, 2C:43 12 or 2C: 36A 1 may apply for a Conditional Discharge. The court upon notice to the prosecutor and subject to 2C: 36A l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community. Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances.
http://njlaws.com/drug_charge.html?id=213&a=

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DWI penalties

A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence.
First Offense - BAC 0.08% but less than 0.10% or no reading
• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC) • Maximum 30 days imprisonment
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF
$75 to Neighborhood Services Fund
plus court costs
First Offense - BAC 0.10% or higher
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum imprisonment*
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF
$75 to Neighborhood Services Fund
plus court costs
Car Interlock Machine: First Offense, DWI w/BAC level below 0.15% or no reading, Court may impose
• 6 months – 1-year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges

In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
Plus 9 points on your car insurance
http://www.njlaws.com/driving_under_influence_dui.htm

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Expungement of criminal charge

Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.

Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION

You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information, including:

a. Date of Birth and Social Security #

b. Date of Arrest

c. Statute Arrested For and Statute Convicted

d. Original Indictment, Summons, or Complaint Number

e. Petitioners Date of Conviction or Date of Disposition

f. Courts Disposition of the Matter and Punishment Adopted, if Any

In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days.

As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:

1. Superintendent of State Police 2. Attorney General 3. County Prosecutor of the county where the court is located 4. The Chief of Police where the event took place 5. The chief law enforcement officer of any law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case.

If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge (remove) records of said disposition including evidence of arrest, detention, conviction, and proceedings.

There are additional pleadings which the applicants attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean.
http://www.njlaws.com/expungement.html

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Gifts prior to death

On January 30th 2014, the New Jersey Supreme Court explained the law on gifts between father and son in Bhagat v. Bhagat 217 N.J. 22 (2014)

The court remanded the case to the trial court for proceedings consistent with the Supreme Court decision clarifying the standard to apply when determining whether a transfer of property between family members is a gift. This case involved a father’s 1989 transfer of stock in a closely held corporation to the defendant, his son. The son claimed that the transfer of stock was a gift to him from the father. The father denied that the transfer was a gift, but was done for financing purposes and was never intended to be final.

The Supreme Court in Bhagat held in an opinion written by Judge Cuff:

“There are three elements of a valid and irrevocable gift. First, there must be actual or constructive delivery; that is, the donor must perform some act constituting the actual or symbolic delivery of the subject matter of the gift. Pascale v. Pascale, 113 N.J. 20, 29 (1988). Second, there must be donative intent; that is, the donor must possess the intent to give. Ibid. Third, there must be acceptance. Ibid. We have also recognized that the donor must absolutely and irrevocably relinquish ownership and dominion over the subject matter of the gift, at least to the extent practicable or possible, considering the nature of the articles to be given. In re Dodge, 50 N.J. 192, 216 (1967); accord Sipko v. Koger, Inc., 214 N.J. 364, 376 (2013); Farris v. Farris Eng g Corp., 7 N.J. 487, 500-01 (1951).
Actual delivery of the gifted property is necessary except where there can be no actual delivery or where the situation is incompatible with the performance of such ceremony. Foster v. Reiss, 18 N.J. 41, 50 (1955) (quoting Cook v. Lum, 55 N.J.L. 373, 374 (Sup. Ct. 1893)). A gift of stock is such a situation because the ownership of stock is now often recorded simply in book form by the issuer or a broker. See N.J.S.A. 12A:8-301b. Therefore, [i]n the absence of express provisions to the contrary, stock may be transferred by delivery of a separate written transfer, without delivery of any certificate where it is not in possession of the transferee. Hill v. Warner, Berman & Spitz, P.A., 197 N.J. Super. 152, 162 (App. Div. 1984). In other words, the delivery of the stock certificate may be constructive, and the failure to record the transfer on the corporate books does not defeat the gift so long as the transfer is accompanied by words that express donative intent and the donor has divested himself completely of the property. Id. at 162-63.
The burden of proving an inter vivos gift is on the party who asserts the claim. Sadofski v. Williams, 60 N.J. 385, 395 n.3 (1972). Generally, the recipient must show by clear, cogent and persuasive evidence that the donor intended to make a gift. Farris, supra, 7 N.J. at 501. When, however, the transfer is from a parent to a child, the initial burden of proof on the party claiming a gift is slight. Metro. Life Ins. Co. v. Woolf, 136 N.J. Eq. 588, 592 (Ch. 1945), aff d, 138 N.J. Eq. 450 (E. & A. 1946). In such cases a presumption arises that the transfer is a gift. Peppler v. Roffe, 122 N.J. Eq. 510, 515 (E. & A. 1937); First Nat l Bank v. Keller, 122 N.J. Eq. 481, 483 (E. & A. 1937); Bankers Trust Co. v. Bank of Rockville Ctr. Trust Co., 114 N.J. Eq. 391 (E. & A. 1933); Prisco v. Prisco, 90 N.J. Eq. 289, 289 (E. & A. 1919); Herbert v. Alvord, 75 N.J. Eq. 428, 429 (Ch. 1909); Betts v. Francis, 30 N.J.L. 152, 155 (Sup. Ct. 1862). The presumption does not apply if the parent is a dependent of the child. Peppler, supra, 122 N.J. Eq. at 515. See also Weisberg v. Koprowski, 17 N.J. 362, 372-73 (1955). The rationale for the presumption is that a child is considered a natural object of the bounty of the donor. Weisberg, supra, 17 N.J. at 373. See Restatement (Third) of Trusts 9(2) (2001) (noting that resulting trust does not arise when transfer of property is made by one person but payment is made by another when recipient is spouse, dependent, or other natural object of person making payment).

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Cell phone ticket penalties NJ 3rd offense

3rd Cell phone use includes possible 90-day loss of license

Starting back on July 1, 2014, the fines for talking or texting on a hand-held wireless communications device were increased. More details at http://www.njlaws.com/39_4-97_3cellphone.htm

39:4-97.3 d. A person who violates this section shall be fined as follows:

(1) for a first offense, not less than $200 or more than $400 plus court costs and possible court appearance;

(2) for a second offense, not less than $400 or more than $600 plus court costs; and

(3) for a third or subsequent offense, not less than $600 or more than $800 plus court costs .

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
A person can hire an attorney to negotiate no loss of license on a 3rd offense. It is not cost effective to hire an attorney on the first or 2nd offense.

The full statute is below
39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.

b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

As used in this act:

"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.

"Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

"Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.

"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.

c. (Deleted by amendment, P.L.2007, c.198).

d. A person who violates this section shall be fined as follows:

(1) for a first offense, not less than $200 or more than $400;

(2) for a second offense, not less than $400 or more than $600; and

(3) for a third or subsequent offense, not less than $600 or more than $800 .
....

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Terrorist Threat defense

more info at http://www.njlaws.com/2C-12-3.htm
2C:12-3. Terroristic threats.

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

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Defense of criminal charges against teachers and public employees

http://www.njlaws.com/criminal_arrest_defense.html?id=135&a=
CRIMINAL & MUNICIPAL COURT DEFENSE Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a Criminal or Municipal Court matter.

Representation/ What We will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. At all times we will seek to achieve solutions which are just and reasonable for you. 1. Telephone consultation with client; 2. Office consultation with client; 3. Offer sound legal advice to client, plus access to our legal info website njlaws.com 4. Preparation of letter of representation to Court; 5. Preparation of letter of representation to Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file and client may have free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Follow up with Prosecutor for discovery if suspension or jail is likely; 11. Prepare defense and mitigating factors; 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service. 22. Free Magnet, Pen, T- shirt, soda/ beer mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office. The legal work includes research, correspondence, preparation and drafting of pleadings or other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter.

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Defense of criminal charges when person is not a US citizen

http://www.njlaws.com/criminal_arrest_defense.html?id=135&a=
CRIMINAL & MUNICIPAL COURT DEFENSE Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a Criminal or Municipal Court matter.

Representation/ What We will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. At all times we will seek to achieve solutions which are just and reasonable for you. 1. Telephone consultation with client; 2. Office consultation with client; 3. Offer sound legal advice to client, plus access to our legal info website njlaws.com 4. Preparation of letter of representation to Court; 5. Preparation of letter of representation to Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file and client may have free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Follow up with Prosecutor for discovery if suspension or jail is likely; 11. Prepare defense and mitigating factors; 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service. 22. Free Magnet, Pen, T- shirt, soda/ beer mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office. The legal work includes research, correspondence, preparation and drafting of pleadings or other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter.

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Drug & Pot charge defense

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

The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:

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

Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.

Moreover, the court must suspend the defendants drivers license for a time period between six months and two years. In addition, probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed.

If you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.

CONDITIONAL DISCHARGE

New Jersey State statute N.J.S.A. 2C: 36A-1 provides that a person not previously convicted of a drug offense and who has not previously been granted supervisory treatment under 24:21-27, 2C:43-12 or 2C: 36A-l may apply for a conditional discharge. The court upon notice to the prosecutor and subject to 2C: 36A-l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.).

Since the granting of a conditional discharge is optional to the court, you should be prepared to prove, through letters, documents, or even witnesses, that the defendants continued presence in the community or in a civil treatment program, will not pose a danger to the community.

You should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. The defendant must be required to pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty, and $50.00 lab fee. The court further has the option to suspend a defendants drivers license between six months and two years.

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

SUPPRESSION MOTION

A timely Motion to Suppress Evidence must be made pursuant to Rule 3:5-7. The court rules have been amended to provide the Suppression Motion can be held directly in the Municipal Court. Your attorney can subpoena witnesses, sometimes even serving a subpoena duces tecum on the arresting officer to compel him to bring to court the object allegedly observed in plain view. Credibility will be tested when the object that was claimed to be in plain view inside a car is actually only one-half inch long. Cross-examination is very important.

PRE-TRIAL

The Municipal Court prosecutor is responsible for providing discovery. Rules 3:13-3, 7:4-2, State v Polasky, N.J. Super. 549 (Law Div. 1986); State v Tull, 234 N.J. Super. 486 (Law Div. 1989); State v Ford, 240 N.J. Super. 44 (App. Div. 1990). The State must prove the substance seized was a controlled dangerous substance (CDS).

To prove the substance is CDS, either the lab technician who examined the substance must be called testify, or the State will have to admit the lab certificate prepared pursuant to N.J.S.A. 2C:35-19. If the State intends to introduce the lab certificate at the trial, a notice of an intent to proffer that certificate and all reports relating to the analysis of the CDS shall be served on defense counsel at least 20 days before the proceeding begins. This includes an actual copy of the lab certificate.

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Expungments in NJ

Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.

Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION

You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information, including:

a. Date of Birth and Social Security #

b. Date of Arrest

c. Statute Arrested For and Statute Convicted

d. Original Indictment, Summons, or Complaint Number

e. Petitioners Date of Conviction or Date of Disposition

f. Courts Disposition of the Matter and Punishment Adopted, if Any

In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days.

As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:

1. Superintendent of State Police 2. Attorney General 3. County Prosecutor of the county where the court is located 4. The Chief of Police where the event took place 5. The chief law enforcement officer of any law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case.

If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge (remove) records of said disposition including evidence of arrest, detention, conviction, and proceedings.

There are additional pleadings which the applicants attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean.

Expungement statute was reviewed in recent cases

SUPERIOR COURT - CRIMINAL - FLAT FEE
AGREEMENT TO PROVIDE LEGAL SERVICE
Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a criminal expungement Municipal Court matter.

1. Legal Services to be provided:

2. Flat fee: $1,200- $2,000

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Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor

New law finally establishes a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee. More info at http://www.njlaws.com/conditionaldismissal.html
Governor Chris Christie signed into law legislation to provide a conditional assistance program in Municipal Court for certain first-time offenders.
“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around,” “The program will help foster participants’ rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record.” This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.
Under prior law, the only offenses eligible for a conditional discharge were certain drug-related offenses. The law allows discharge for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar programs before.
“First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served,” “The legislation will also help courts efficiently adjudicate cases without costly logjams.”
Under this law, conditional dismissal is not available to any person who has previously participated in a conditional discharge, conditional dismissal, or supervisory treatment program such as PTI. In addition, a person is not eligible for conditional dismissal if the offense for which the person is charged involved:
• organized criminal or gang activity;
• a continuing criminal business or enterprise;
• a breach of the public trust by a public officer or employee;
• domestic violence;
• an offense against an elderly, disabled or minor person;
• an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;
• animal cruelty;
• or any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of the Criminal Code. [Although first offender drug defendants are eligible for Conditional Discharge]
After taking into consideration the eligibility criteria, the defendant’s criminal history and the prosecutor’s recommendation, the court may, approve the defendant’s participation in the conditional dismissal program and place the defendant under a probation monitoring status for a period of one year.
This law establishes a conditional dismissal program in municipal court similar to the existing supervisory treatment programs for pre-trial intervention and conditional discharge.
Previously, the supervisory treatment programs for pre-trial intervention and conditional discharge allow the court to suspend proceedings against eligible defendants while the defendants participate in supervisory treatment. Persons who are charged with indictable offenses (crimes of the first, second, third, or fourth degree) may be eligible for pretrial intervention (“PTI”) pursuant to N.J.S.2C:43-12 et seq. Persons charged with certain disorderly persons or petty disorderly persons drug offenses may be eligible for conditional discharge pursuant to N.J.S.2C:36A-1. If the defendant violates a term or condition of supervisory treatment, the court may enter a judgment of conviction or, where the defendant did not previously plead guilty and was not previously found guilty, resume the criminal proceedings. If the defendant successfully completes the program, the criminal charges are dismissed.
CONDITIONAL DISMISSAL PROGRAM. This law establishes a similar diversion program in municipal court to be known as the conditional dismissal program. Under the provisions of the law, a defendant who is charged with a petty disorderly persons offense or disorderly persons offense may apply to enter into the conditional dismissal program, provided the defendant has not been previously convicted of any offense or crime under any law of the United States, this State or any other state.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500

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Expungement 2C:52-1 Erase Criminal Arrests

if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.

Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION

You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information, including:

a. Date of Birth and Social Security #

b. Date of Arrest

c. Statute Arrested For and Statute Convicted

d. Original Indictment, Summons, or Complaint Number

e. Petitioners Date of Conviction or Date of Disposition

f. Courts Disposition of the Matter and Punishment Adopted, if Any

In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days.

As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:

1. Superintendent of State Police 2. Attorney General 3. County Prosecutor of the county where the court is located 4. The Chief of Police where the event took place 5. The chief law enforcement officer of any law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case.
more info at http://www.njlaws.com/expungement.html

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500

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Probate of a Will in NJ

The probate application must contain the following information:

1. the applicant's residence;
2. the name, domicile and date of death of the decedent;
3. the names and addresses of the decedent's spouse, heirs (those entitled to take under the laws of interstate succession), and any person named to serve as Executor;
4. the ages of any minor heirs; and
5. the names of the testator's children when the Will was made and the names of children born and adopted after the Will was made, or their children, if any.
More info at http://www.njlaws.com/probatenj.html
To minimize time spent in the Surrogate's Court, it is recommended, and in some counties required, that before an Executor submits the Will for probate the applicant send the Court:

1) a "data sheet" (referred to in some counties as an "information sheet" or a "fact sheet") containing the information needed by the Court to complete the application;

2) a copy of the Will; and

3) a copy of the death certificate.

When the applicant files the original Will for probate, the applicant must also file a death certificate (and original with a raised seal). A filing fee of $50 for the first two pages of the Will, plus $3 for each additional page, must be paid. Once the Will, application and death certificate are filed, the Surrogate will review the papers, and if there are no irregularities or objections, admit the Will to probate. Although New Jersey law prohibits admission of a Will to probate within 10 days of the testator's death, an applicant may submit the application prior to expiration of the 10-day period. If the Will is filed after the 10-day waiting period, many Courts will issue a judgment for probate contemporaneously with the filing of the probate papers.

Qualifying the Executor

Once the Will is admitted to probate, the Court will issue letters testamentary to an Executor who has properly qualified to serve. An Executor named in a Will qualifies to serve by filing a form affidavit in which the Executor agrees to perform his or her duties. The nominated Executor must also provide a power of attorney to the Surrogate empowering the Surrogate to accept service of process of claims against the estate. Once the Executor qualifies, the Court then issues letters testamentary.

Mailing Probate Notices

After a Will is admitted to probate, the Executor must mail within 60 days a notice of probate to the decedent's spouse, heirs and all beneficiaries under the Will. The notice of probate should contain the executor's name and address, place and date that the Will was probated, and an offer to furnish a copy of the Will upon request. Within 10 days of mailing the notice the Executor should file proof of service of the notice with the Surrogate's Court. Once notice of probate has been sent and proof of mailing has been filed the probate process is essentially completed.

Completing the probate process should cause only minimal delay, perhaps a few weeks, in administering a decedent's affairs. The cost of admitting a Will to probate should be limited. Unlike in some other states, the Surrogate's filing fee in New Jersey is the same regardless of the size of the estate. See Zimiles "Probate is not a Dirty word in New Jersey" N.J. Lawyer pg. 14 ( July/August 1992)

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500

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Lewdness charge defenses

more info at http://www.njlaws.com/lewdness.htm
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

2C:14-4. Lewdness

a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted or alarmed.

b. A person commits a crime of the fourth degree if:

(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.

(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.

c. As used in this section:

"lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

Consequences of a Criminal conviction
1 You will have a criminal record
2 You may go to Jail or Prison.
3. You will have to pay Fines and Court Costs.
4. When you are on Probation or Parole, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
5. You must wait 5-10 years to expunge a first offense. 2C:52-3
6. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years.
7 You could be put on Probation for up to five years.
8.. You may be required to do Community Service.
9 You lose the presumption against incarceration in future cases. 2C:44-10 You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
11. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty and may be barred from any future city, state, federal or school employment
12. If you are not a United States citizen or national, you may be removed/deported by virtue of your plea of guilty.
13. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) in front of a crowded room of people and the records are open to the public.

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

Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.
Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
2C:43-3 Fines
$10,000.00 when the conviction is of a crime of the fourth degree;

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

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Defense to criminal charges committed while someone intoxicated

More info at http://www.njlaws.com/alcohol_treatment_and_rehabilitation_act.html
26:2B-7 Public policy under ATRA It is the policy of the State of New Jersey that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages, but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.
Consequences of a Criminal conviction
1 You will have a criminal record
2 You may go to Jail or Prison.
3. You will have to pay Fines and Court Costs.
4. When you are on Probation or Parole, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
5. You must wait 5-10 years to expunge a first offense. 2C:52-3
6. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years.
7 You could be put on Probation for up to five years.
8.. You may be required to do Community Service.
9 You lose the presumption against incarceration in future cases. 2C:44-10 You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
11. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty and may be barred from any future city, state, federal or school employment
12. If you are not a United States citizen or national, you may be removed/deported by virtue of your plea of guilty.
13. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) in front of a crowded room of people and the records are open to the public.

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

Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.
Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817

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Domestic violence retaining orders in NJ

more info at http://www.njlaws.com/domestic_violence.htm
New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical injuries, police may arrest the man. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault.

Even during the evening, your town Municipal Court or Superior Court can issue a Restraining Order which is a legally enforceable document. The Temporary Restraining Order (TRO) will prohibit the defendant/abuser from any contact with the victim or entering the residence.

Unlike a criminal case where a person is provided with lengthy due process rights, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days after the filing of an ex parte complaint and temporary restraining order. After a hearing, NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant.

Our Supreme Court has already found that the ten-day provision comports with the requirements of due process, but can be delayed.

In H.E.S. v. J.C.S., 175 N.J. 309, 323 (2003), the Court held:

“the ten-day provision does not preclude a continuance where fundamental fairness dictates allowing a defendant additional time. Indeed, to the extent that compliance with the ten-day provision precludes meaningful notice and an opportunity to defend, the provision must yield to due process requirements.” [Internal quotations and citations omitted.]

Discovery not mandatory in Domestic Violence family cases

Domestic violence actions are "summary actions," a fact that inherently precludes the right to discovery. See, e.g., H.E.S., supra, 175 N.J. at 323. However, the Appellate Division in Crespo v Crespo 408 NJ Super. 25 (App. Div. 2009) noted that one trial court has determined that, in accordance with Rule 5:5-1(d), a defendant may seek leave to obtain discovery in such a matter upon a showing of good cause. Depos v. Depos, 307 N.J. Super. 396, 400 (Ch. Div. 1997). The Appellate Court agreed with the opinion of Judge Dilts in Depos that in compelling circumstances, where a partys ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited discovery in order to prevent an injustice. Judges are not required to be oblivious to a partys claim for discovery in compelling circumstances even though the court rules do not expressly authorize relief. See, e.g., Kellam v. Feliciano, 376 N.J. Super. 580, 587 (App. Div. 2005).

The Crespo court held “Here, the record reveals that at no time did defendant seek leave to conduct any discovery proceedings.” Therefore, it is important for defense counsel to demand discovery.

In Pepe v Pepe, 258 N.J. Super. 157 (Chan. Div. 1992) held that the confidentiality provision of record keeping under the Domestic Violence act applies to the records kept on file with the Clerk of the Superior Court.

The Family Judge Powers:

At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:

(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.

(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victims rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.

(3) An order providing for parenting time…..

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

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Confidential Will Questionnaire

more info at http://www.njlaws.com/will_questionnaire.html
Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

Please be sure to check all appropriate boxes. If NONE, please state NONE.

If NOT APPLICABLE, please state N/A.

PLEASE PRINT CLEARLY

1. Your Full Name:

______________________________________________________

First Last

2. IF MARRIED OR SEPARATED, complete (a) and (b) below:

(a) Spouses Full Name:

______________________________________________________

First Last

3. Your Street Address: ____________________________________

City ____________________ State ____ Zip Code ______________

4. Telephone Numbers:

Cell: _____________________________________ ________________________

Day: ____________________/Night: ________________________

5. E-mail address: _______________________________________

6. Referred By: _________________________ 7. Todays Date ____________

If referred by a person, is this a client or attorney? __________________________________

We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________

We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____

How can we help you? What are your questions/other important info?

______________________________________________________________

_______________________________________________________________

_______________________________________________________________

[It is required by New Jersey Court Rules that all pages be filled out prior to seeing the attorney]

8. Your Sex: [ ] Male [ ] Female

9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed

10. Your Date of Birth: ___________________ SS # __________________

Month Day Year

11. Spouse Date of Birth: _________________ SS # __________________

Month Day Year

12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]

2. ESTATE EXECUTOR

The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.

Please provide the following information about the person you wish to name to serve in this capacity.

1. PRIMARY Choice of Executor/Personal Representative:

Name: _______________________ _______________________

First Last

Relationship: _______________ Address: ____________________

2. SECOND Choice of Executor:

This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.

Full Name: ___________________________ _________________

First Last

Relationship: _______________ Address: ____________________
The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.

Asset Information- Must Be Completed - If none, write none

House/Real Estate Address _________________________________________________

Estimate Total Real Estate Value: _____________ Approx mortgage ________________

Bank Accounts, Stocks, CDs and Assets: _______________________________________

Approximate Amount _______________________________________________________

Beneficiaries of Bank Accounts (if none write none) ______________________________

Other Major Assets (if none, write none): _______________________________________

Approximate Life Insurance: _________________ Beneficiary ____________________

In the Will- Who do you want to get your assets:

Beneficiary (1) _______________________ Relationship _______________

Beneficiary (2) _______________________ Relationship _______________

Beneficiary (3) _______________________ Relationship _______________
Any Specific Bequests of Money and Property:

_________________________________________________________________________

_________________________________________________________________________

[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).

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

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Driving under influence of prescription medication and being charged with DWI

more info at http://www.njlaws.com/dwimeds.htm
Driving after taking prescription medication and being charged with DWI. 39:4-50

The NJ DWI statute is not only about prohibiting driving after drinking. It also prohibits driving after taking prescription medication which may render someone under the influence. Even if a medical doctor prescribed the medication police can still charge someone with driving under the influence of those medications.

width=32width=1239:4-50width=12. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendants blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendants blood shall be subject to penalties.

As used in this section, the phrase narcotic, hallucinogenic or habit-producing drug includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

Prosecutors can prosecute someone driving a car after taking legal medications. Often the police obtain a blood test or urine test. The lab report comes back position for medications. Therefore, it is important to hire an attorney who will file the appropriate motions to help defend you.
Pretrial Motions to be filed

1) Suppress Evidence

2) Miranda/Privilege

3) Exclude Lab Tests

4) Discovery

5) Reciprocal Discovery

6) Speedy Trial

7) Notice of Objection to Lab Reports

8) Jury Trial

9) Punishment

10) Vagueness
PPEARANCE AND ARRAIGNMENT WAIVED

PRE‑TRIAL MOTIONS

At a time to be set by the Court, Defendant will move for Orders pursuant to R. 3:10‑5, 3:13‑1, and 7:7-7, as follows and requests oral argument pursuant to R. 1:6‑2(d) to preserve all of defendants rights and defenses:

1) Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5‑7 and 7:5-2, because evidence‑‑ie defendants person, breath, blood, and/or other things‑‑was seized unlawfully, without a warrant and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.

2) Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the States investigation of this case because the statements and evidence (a) create substantial danger of undue prejudice to Defendant contrary to Evid.R. 403 (previously Evid.R. 4), (b) are privileged under Evid.R. 503 (previously Evid.R. 25), and (c) were obtained contrary to U.S. Const. Amends. V, VI, IX, and XIV, NJ Constitution 1, paras.1, 10, and 2], and requirements stated in Miranda v. Arizona, 384 US. 486, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny.

3) Exclude Drug Tests. If police used a drug testing instrument in this case, Defendant will move to exclude evidence(‑ of drug test results because (a) the Attorney General failed to exercise administrative authority and prescribe methods and procedures for periodic inspection of drug testing instruments as required by statute, and (b) without such properly prescribed methods and procedures, the State cannot lay the foundation needed for admission of drug test results into evidence at trial.

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

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Expungment of criminal charges

more info at http://www.njlaws.com/expungement.html
Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.

Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days.

As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:

1. Superintendent of State Police 2. Attorney General 3. County Prosecutor of the county where the court is located 4. The Chief of Police where the event took place 5. The chief law enforcement officer of any law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case
If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge (remove) records of said disposition including evidence of arrest, detention, conviction, and proceedings.

There are additional pleadings which the applicants attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean.
WHAT WE WILL DO......
1. Telephone consultation with client;
2. Office consultation with client;
3. Offer sound legal advice to client, plus access to our legal info website njlaws.com
4. Opening of file and client may have free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure;
5. Review of necessary statutes and case law;
6. Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a)
7. Preparation of CERTIFICATION to Prosecutor;
STATEMENT TO ACCOMPANY PETITION
- Preparation of ORDER FOR HEARING FOR EXPUNGEMENT PURSUANT TO N.J.S.A. 2C:52-6(a)
- Preparation of ORDER FOR EXPUNGEMENT
- Prepare Certified Mail Green cards for documents to be served on law enforcement and court.
- Preparation of statement to provide legal services;
- Preparation of filing letter to client with proposed Order for hearing and Order for Expungement;
- Preparation of filing letter to Court Expungement Unit
Follow up Court Order for hearing (takes approx 30 days)
- Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Attorney General
Department of Law & Public Safety
Expungement Section- PO Box 080
Trenton, NJ 08625
- Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Superintendent of State Police
Expungement Unit
River Road, PO Box 7068
West Trenton, NJ 08628
- Preparation of letter with Order for hearing and proposed Order for Expungement to County Prosecutor......

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

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Shoplifting defenses 2C:20-11

more info at http://www.njlaws.com/shoplifting_defense.html
b. Shoplifting. Shoplifting shall consist of any one or more of the following acts:

(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof......
2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00.

(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00.

(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

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

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Violation of Probation

More info at http://www.njlaws.com/violation_of_probation.html
Filing a VOP Upon Continued Non-Compliance
2C:45-4. Notice and hearing on revocation or modification of conditions of suspension or probation The court shall not revoke a suspension of sentence or probation or delete, add or modify conditions of probation except after a hearing upon written notice to the defendant of the grounds on which such action is proposed. The defendant shall have the right to hear and controvert the evidence against him, to offer evidence in his defense, and to be represented by counsel.
If the probationer fails to comply with the terms of the sentence or the standard or special conditions of probation despite the probation officer’s efforts to secure compliance through progressive intervention strategies, the matter must be placed before the court for judicial determination.
A violation of probation (VOP) is the vehicle by which the probation officer brings the probationer before the court for non-compliance. The commencement of a VOP puts both the court and the probationer on notice that the probationer is on track for revocation.

In the VOP Statement of Charges and the VOP Summary the probation officer documents the probationer’s response to supervision, describing the probationer’s overall adjustment, documenting those conditions which the probationer is alleged to have violated and new arrests if they have occurred.
Prosecutors are responsible for the prosecution of defendants charged with violating terms of their probation. The probation officer serves as a witness presenting documentation of the violation(s), describing efforts made to assist the probationer in complying with the terms and conditions of probation, and making recommendations regarding revocation and resentence.

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

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Codicil to Will and Changes to Will

more info at http://www.njwillsprobatelaw.com/codicil_to_a_will.htm
How can I change my will?

An individual can write a codicil to his or her will as long as the
codicil meets certain requirements. The codicil must be signed
and witnessed just as the original will was signed and witnessed. The
codicil should refer to original will by date and should be
attached to the original will. It is not recommended that an individual
attempt to draft a codicil. A codicil should only be drafted
by an attorney to insure that it will have its intended effect. If there
are numerous changes to the will, it is a good idea to have a
new will drawn up and executed.
Kenneth Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week for litigation and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

He is chair of the Elder Law Committee of the American Bar Association General Practice Division. He is also Editor of the ABA Estate Planning Probate Committee Newsletter and also the Criminal Law Committee newsletter. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. And past Winner "General Practice Attorney of the Year" from the NJ State Bar Association. He is a 22 year active member of the American Bar Association. He is also a member of the ABA Real Property, Probate & Trust Section.

He established the NJlaws website www.njlaws.com which includes many articles on Elder Law. Mr. Vercammen received his B.S., cum laude, from the University of Scranton and his J.D. from Widener/Delaware Law School, where he was the Case Note Editor of the Delaware Law Forum, a member of the Law Review and the winner of the Delaware Trial Competition

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

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Speeding ticket defense in NJ

More info at http://www.njlaws.com/speeding_and_radar.htm
Kenneth Vercammen's Law office represents persons charged with speeding more than 15 miles over the speed limit an other serious traffic violations throughout New Jersey.

It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.

In every charge of a speeding violation, the complaint or summons must specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation.

A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed. The sign itself does not set the speed limit. There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law. There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense. Radar

Speed-measuring radar in various forms has been accepted since State v. Dantonio, l8 N.J. 570 (l955), where the N.J. Supreme Court held it is not essential that the court determine the precise speed at which the vehicle was being operated when the alleged offense occurred, and that the operator of the vehicle must be adjudged guilty if the evidence established, beyond a reasonable doubt, that the drive exceeded the statutory speed limit.

It is not necessary for the trial court to make a particular finding as to the precise speed in excess of the speed limit at which the defendant was traveling at the time of the violation. State v. Bookbinder, 82 N.J. Super. l79, l83 (App. Div. l964).

However, if the defendant is found guilty, the trial court should determine the quantum of excess was so many miles per hour in exercising its discretion as to the penalty to be imposed within the statutory limitation. The precise speed a motorist was traveling thus is material only on the question as to the penalty to be imposed, not on the question of guilt or innocence.

State v. Readding, l69 N.J. Super. 238 (Law Div. l978), restated the general rule that in order for the radar speedometer reading to be admissible into evidence, it should be established that: (l) the device is scientifically reliable; (2) the particular speedometer used in the case being tried is accurate; (3) the operator is qualified; and (4) the device was operated properly in the case being tried. How Radar Operates

In State v. Wojtkowiak, l70 N.J. Super. 44 (Law Div. l979), revd on other grounds, l74 N.J. Super. 460, Judge Wells examined in detail the K-55 Radar, and his conclusions were incorporated by the Appellate Division. This case should be read and reread for a detailed explanation of Radar by a Court.

The traffic radar method speed detection measurement depends upon the Doppler effect. Simply stated a radio wave which strikes a moving object is reflected from that object at different frequency from that of the incident wave. A radar which transmits waves and receives reflected waves can determine their frequency difference and calculate the speed of the object which produced the reflective wave.

Courts have accepted as scientifically reliable MPH Industries K-55 Traffic Radar -- the primary system employed for the purpose of measuring the speed of motor vehicles in New Jersey.

In State v. Wojtkowiak, l74 N.J. Super, 460 (App. Div. l980), the appeals court held in all future cases the state should adduce evidence at the municipal court level as to (l) the specific training and extent of experience of the officer operating the radar, (2) the calibration of the machine was checked by at least two external tuning forks both singly and in combination, and (3) the calibration of the speedometer of the patrol car in cases where the K-55 is operating in the moving mode.
Qualified Operator?

While it appeared to the court in State v. Wojtkowiak, Supra that the K-55 Radar is an accurate and reliable tool for the measurement of speed, its accuracy and reliability in any case are no better than the skill of the person operating the radar. Id. at l74. The court made this emphasis as a warning to all police departments that proper courses of instruction be developed before the K-55 Radar device is employed in any municipality.

A calibration check is accomplished with the use of two tuning forks and their accuracy must be the subject of the documentary proof. Use of the K-55 does not eliminate the need for such proof. State v. Wojtkowiak, l70 N.J. Super. at 50, n.l

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

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Driving While suspended defense 39:3-40 Driving on a Suspended License in New Jersey.

39:3-40 Driving on a Suspended License in New Jersey. more info at http://www.njlaws.com/driving_on_a_suspended_license.htm
he violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, no person to whom a drivers license has been refused or whose drivers license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a drivers license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition. The statute also prohibits the operation of a motor vehicle whose registration has been revoked.

PENALTIES

Conviction under this statute brings the following penalties. Upon conviction of the first offense of fine of $500.00. The defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the DMV. Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for not more than 5 days. Upon conviction for the third offense a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states, upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. Also, upon conviction the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person.

If an individual violates this section while under suspension issued pursuant to 39:4-50, driving while under the influence of liquor or drugs and is convicted, they shall be fined $500.00 extra? and have their license suspended for an additional period not less than one year nor more than two years and may be in the county jail for not more than 90 days. The defendant will also be surcharged a mandatory $250.00 per year for 3 years.
There are two types of license suspension :

1. Court imposed suspension

2. Administrative / Division of Motor Vehicles suspension

The most common scenario reflects where that the driver, through a motor vehicle violation, failure to pay surcharge or a accumulated points has been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (Division of Motor Vehicles), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state.

If the driver is aware that they are on the suspended list and acknowledged they were suspended to the police officer there is little room for defense However, more often than not the driver claims that they were unaware of their placement on the suspension list.

The scenario that will often be presented by the driver is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for Driving While Suspended. Over the past decade several New Jersey cases have crafted the current position on the driving while suspended issue that often confronts many municipal courts throughout the state.
THE STATE MUST SHOW DUE PROCESS AND ADEQUATE NOTICE

The first and foremost is that of adequate notice of the suspension. In Parsekian v. Cresse, 75 N.J. Super. 405 (App Div. 1962), the court ruled that it was incumbent upon the Director of the State Division of Motor Vehicles to provide fair and adequate notice to the licensed driver of the proposed suspension of their license. The court recognized that the Director could not arbitrarily suspend the license of a driver without providing both notice and enunciating specific reasons as to why the license was being suspended.
THE STATE MUST SHOW DUE PROCESS AND ADEQUATE NOTICE

The first and foremost is that of adequate notice of the suspension. In Parsekian v. Cresse, 75 N.J. Super. 405 (App Div. 1962), the court ruled that it was incumbent upon the Director of the State Division of Motor Vehicles to provide fair and adequate notice to the licensed driver of the proposed suspension of their license. The court recognized that the Director could not arbitrarily suspend the license of a driver without providing both notice and enunciating specific reasons as to why the license was being suspended.

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

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Notice of Probate of a Will

NJ Court Rule 4:80-6 Notice of Probate of Will
More information at http://www.njlaws.com/notice_of_probate.html

Within 60 days after the date of the probate of a will, the personal representative shall cause to be mailed to all beneficiaries under the will and to all persons designated by R. 4:80-1(a)(3), at their last known addresses, a notice in writing that the will has been probated, the place and date of probate, the name and address of the personal representative and a statement that a copy of the will shall be furnished upon request (many executors and administrators hire an attorney to handle the required notices).

Proof of mailing shall be filed with the Surrogate within 10 days thereof. If the names or addresses of any of those persons are not known, or cannot by reasonable inquiry be determined, then a notice of probate of the will shall be published in a newspaper of general circulation in the county naming or identifying those persons as having a possible interest in the probate estate. If by the terms of the will property is devoted to a present or future charitable use or purpose, like notice and a copy of the will shall be mailed to the Attorney General.

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

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Pre Trial intervention PTI to avoid criminal trials

More info at http://www.njlaws.com/pretrial-intervention.html
The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior. The PTI program is based on a rehabilitative model that recognizes that there may be an apparent causal connection between the offense charged and the rehabilitative needs of a defendant. Further, the rehabilitative model emphasizes that social, cultural, and economic conditions often result in a defendants decision to commit a crime. Simply stated, PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal behavior by a defendant.

PTI is not available if the criminal offense is a disorderly person offense, such as simple assault, harassment or shoplifting. In Municipal Court, your attorney can make a Motion for Conditional Dismissal. For persons facing a first offense possession of marijuana charge, they can apply for a Conditional Discharge. NJSA 2C: 36-1. As a practical matter, in Municipal Courts, the defense attorneys sometimes can work out an agreement with the complainant in a municipal court criminal ticket to have the prosecution put on hold for six months. If the defendant complies with a stipulated agreement, such as staying away from the complainant, after 12-36 months the criminal charges are dismissed.

What Are the Benefits of the Pretrial Intervention Program (PTI)?

If PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record. Although no record of a conviction exists, a defendant may want to file for an expungement to remove any record of the original arrest. Early intervention allows rehabilitative services to be provided soon after the alleged offense, in an attempt to correct the behavior that led to the offense. Some of the costs associated with the formal court process are eliminated through acceptance into PTI. PTI provides early resolution of a case, which serves the interests of the victim, the public and the defendant.

PTI reduces the burden on the court and allows resources to be devoted to more serious criminals.

What are the Conditions for Participation in Pretrial Intervention?

Supervision under the PTI program may run from 6 months to three years and is provided by the Probation Division. Certain standard conditions are imposed on those accepted into PTI, such as, random urine monitoring, and assessments of fees, penalties and fines. Additional conditions may also be imposed to require the performance of community service, payment of restitution, and submission to psychological and/or drug and alcohol evaluations and compliance with recommended treatment programs.

If a defendant successfully completes all the conditions of PTI, then the prosecutor dismisses the original charges on the recommendation of the Criminal Division Manager with consent, and there is no record of conviction. If a defendant does not successfully complete the conditions of PTI, then the defendant is terminated from the PTI program and the case is returned to the ordinary course of prosecution.
ho is Eligible for Pretrial Intervention (PTI)?

Any defendant who is charged with an indictable offense may apply.

Admission guidelines stated in the Court Rules set the following criteria:

Age - PTI is designed for adults.

Jurisdiction - Only defendants charged with indictable offenses in New Jersey may apply.

Minor Violations - Charges that would likely result in a suspended sentence without probation or a fine are generally not eligible. Those charged with ordinance, health code and other similar violations are not eligible.

Prior Record of Convictions - PTI generally excludes defendants who have been previously convicted.

Parolees and Probationers Generally excluded without prosecutors consent and considered only after consultation with parole and probation departments.

Defendants Previously Diverted - Excludes defendants who have previously been granted a diversionary program or conditional discharge.
How Does One Apply for Pretrial Intervention?

Applications to PTI must be made no later than 28 days after indictment. There is a $75 non-refundable application fee. In certain instances, this fee may be waived. The application process includes an interview with the defendant by a staff member of the Criminal Division of the Superior Court.

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

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Conditional Discharge of First time drug arrests

2C:36A-1 Conditional Discharge
more info at http://www.njlaws.com/conditional_discharge.html
C: 36A-1. Conditional discharge for certain first offenses; expunging of records. a. Whenever any person who has not previously been convicted of any offense under section 20 of P.L. 1970, c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense defined in chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:

(1) Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require; or

(2) After plea of guilty or finding of guilty, and without entering a judgment of conviction, and with the consent of the person after proper reference to the State Bureau of Identification criminal history record information files, place him on supervisory treatment upon reasonable terms and conditions as it may require, or as otherwise provided by law.

b. In no event shall the court require as a term or condition of supervisory treatment under this section, referral to any residential treatment facility for a period exceeding the maximum period of confinement prescribed by law for the offense for which the individual has been charged or convicted, nor shall any term of supervisory treatment imposed under this subsection exceed a period of three years. If a person is placed under supervisory treatment under this section after a plea of guilty or finding of guilt, the court as a term and condition of supervisory treatment shall suspend the person's driving privileges for a period to be fixed by the court at not less than six months or more than two years. In the case of a person who at the time of placement under supervisory treatment under this section is less than 17 years of age, the period of suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the person is placed on supervisory treatment and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years.

If the driving privilege of a person is under revocation, suspension, or postponement for a violation of this title or Title 39 of the Revised Statutes at the time of the person's placement on supervisory treatment under this section, the revocation, suspension or postponement period imposed herein shall commence as of the date of the termination of the existing revocation, suspension or postponement. The court which places a person on supervisory treatment under this section shall collect and forward the person's driver's license to the Division of Motor Vehicles and file an appropriate report with the division in accordance with the procedure set forth in N.J.S. 2C:35-16. The court shall also inform the person of the penalties for operating a motor vehicle during the period of license suspension or postponement as required in N.J.S. 2C:35-16.
Upon violation of a term or condition of supervisory treatment the court may enter a judgment of conviction and proceed as otherwise provided, or where there has been no plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of the terms and conditions of supervisory treatment the court shall terminate the supervisory treatment and dismiss the proceedings against him. Termination of supervisory treatment and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense but shall be reported by the clerk of the court to the State Bureau of Identification criminal history record information files. Termination of supervisory treatment and dismissal under this section may occur only once with respect to any person. Imposition of supervisory treatment under this section shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under section 29 of P.L. 1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or any law of this State.

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

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Leaving the Scene of an Accident

Leaving Scene of Accident and Failure to Report, Car Accident
statutes are 39:4-129, 39:4-130
more info at http://www.njlaws.com/leaving_the_scene.htm
39:4-129.(b)The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

(c)The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operators license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d)The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e)There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident.

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

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Criminal mischief

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
more info at http://www.njlaws.com/criminal_mischief.htm
Criminal Mischief 2C:17-3. a. Offense defined. A person is guilty of criminal mischief if he:

(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S. 2C:17-2; or

(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property.

b. Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.

(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00. It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.

(3)Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.

(4)Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

(5)Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

(6)Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.

c. A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

d. As used in this section:

(1)"Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.

(2)"Spray paint" means any paint or pigmented substance that is in an aerosol or similar spray container.

Amended 1979, c.178, s.30; 1981, c.290, s.17; 1991, c.336, s.1, 1995, c.20, s.2; 1995, c.251, s.1; 1998, c.54, s.1; 1999, c.95, s.1.

Consequences of a Criminal Guilty Plea

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

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

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

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

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Defense of Drug Charges

more info at http://www.njlaws.com/drug_charge.htm
Kenneth Vercammen has defended individuals charged with drug offenses in both Superior Court and Municipal Court. The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:

NJSA 2C:5-10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish;

NJSA 2C:35-10(b), using or being under the influence of CDS;

NJSA 2C:35-10(c), failure to deliver CDS to police;

NJSA 2C:36-2, possession of drug paraphernalia

Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.

Moreover, the court must suspend the defendants drivers license for a time period between six months and two years. In addition, probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed.

If you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.
CONDITIONAL DISCHARGE

New Jersey State statute N.J.S.A. 2C: 36A-1 provides that a person not previously convicted of a drug offense and who has not previously been granted supervisory treatment under 24:21-27, 2C:43-12 or 2C: 36A-l may apply for a conditional discharge. The court upon notice to the prosecutor and subject to 2C: 36A-l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.).
You should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. The defendant must be required to pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty, and $50.00 lab fee. The court further has the option to suspend a defendants drivers license between six months and two years.
SUPPRESSION MOTION

A timely Motion to Suppress Evidence must be made pursuant to Rule 3:5-7. The court rules have been amended to provide the Suppression Motion can be held directly in the Municipal Court. Your attorney can subpoena witnesses, sometimes even serving a subpoena duces tecum on the arresting officer to compel him to bring to court the object allegedly observed in plain view. Credibility will be tested when the object that was claimed to be in plain view inside a car is actually only one-half inch long. Cross-examination is very important.
The Municipal Court prosecutor is responsible for providing discovery. Rules 3:13-3, 7:4-2, State v Polasky, N.J. Super. 549 (Law Div. 1986); State v Tull, 234 N.J. Super. 486 (Law Div. 1989); State v Ford, 240 N.J. Super. 44 (App. Div. 1990). The State must prove the substance seized was a controlled dangerous substance (CDS).

To prove the substance is CDS, either the lab technician who examined the substance must be called testify, or the State will have to admit the lab certificate prepared pursuant to N.J.S.A. 2C:35-19. If the State intends to introduce the lab certificate at the trial, a notice of an intent to proffer that certificate and all reports relating to the analysis of the CDS shall be served on defense counsel at least 20 days before the proceeding begins. This includes an actual copy of the lab certificate.
The burden of primary possession/constructive possession remains on the State. Plea bargaining is not permitted in Municipal Court CDS cases (while it is available in such varied charges as murder, careless driving, or the burning of old tires). The State must prove knowledge or purpose on the part of the defendant.

Knowledge means that the defendant was aware of the existence of the object and was aware of its character. Purpose means it was defendants conscious intention to obtain or possess the item while being aware of its character. Knowledge of the character of the substance may be inferred from the circumstances. 33 N.J. Practice Criminal Law & Procedure (Miller) Sec. 378 p. 563 (2nd Ed 1990).

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

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Evicting tenants who do not pay rent

NON-PAYMENT OF RENT
details at http://www.njlaws.com/evict-deadbeats.htm
If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil The court filing fee is now $50 plus mileage, payable Treasurer, State of New Jersey. Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. Our minimum fee is $1,200, up front. Our consult fee is minimum $150.

The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant.

You and your attorney should appear on the date for hearing. If the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession.

FAILURE OF TENANT TO APPEAR

If the tenant fails to appear by the second call, you can pay an additional fee for a warrant of removal. This is obtained at the Special Civil Part Clerk, Tenancy Section Office. After waiting three days, the constable is given the warrant to serve at the tenants property. If the tenant still fails to move, arrangements can be made with the constable and locksmith to physically remove the tenants and change locks.

REGISTRATION OF PROPERTY

Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court.

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

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Careless driving

Careless Driving

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

39:4-97. Careless driving

39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving. more info at http://www.njlaws.com/careless_driving.htm
Careless driving requires the State to provide the vehicle was operated by the defendant carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property

The NJ Appellate Division in held in State v Lutz 309 N.J. Super. 317 (App. Div. 1998) that merely because an accident took place a driver does not been the driver is guilty of careless driving. The court wrote:
"Finally, we find merit in defendant's contention that the State failed to prove beyond a reasonable doubt that he was guilty of careless driving.
The court wrote:
It appears that both the Municipal Court judge and the Law Division judge applied a res ipsa loquitur analysis in finding defendant guilty of careless driving. The doctrine of res ipsa loquitur, however, has no application in the determination of careless driving due to the quasi-criminal nature of the proceeding in which the State has the burden of proving beyond a reasonable doubt all elements of the offense. See State v. Wenzel, 113 N.J.Super., 215, 216-18, 273 A.2d 395 (App.Div.1971) (the mere fact of an “otherwise unexplained jackknifing” where a tractor-trailer entering a construction area had jackknifed on the wet roadway, crossed into the opposite lane and broadsided another truck fatally injuring the truck's driver, did not establish that the defendant had been driving carelessly.)
The careless driving statute provides:
[a] person who drives a vehicle on a highway carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
[N.J.S.A. 39:4-97.]
Here, other than the accident itself, the State only presented defendant's statement that his vehicle began to slide on the wet highway and continued to do so when he tapped his brakes. Moreover, his apology was not an admission to driving carelessly, but merely a statement that his car had slid on the wet pavement. The State presented no evidence indicating that defendant had been speeding, driving too fast for the wet road conditions, distracted or otherwise driving without due caution and circumspection. Consequently, there was insufficient evidence to support defendant's conviction for careless driving, and we reverse that conviction.

In State v. Wenzel, 113 N.J. Super. 215 (App. Div. 1971) defendant was charged with careless driving when his tractor-trailer jackknifed and struck another trailer. The State's only witness did not see the accident. There was no evidence defendant was speeding or that he drove without due caution or circumspection. However, both the municipal and county courts determined that an otherwise unexplained jackknifing was indicative of careless driving. The Appellate Division reversed, holding the res ipsa doctrine employed by the lower courts had no place in a quasi-criminal action for careless driving. The rationale of the Wenzel decision applies to this case.

See also State v Roenicke 174 N.J. Super. 513 (Law Div 1980)
Defendant was involved in a one-car accident which was not observed by the trooper or any other witness. The State failed to establish beyond a reasonable doubt that he drove in a reckless manner. Defendant cannot be found guilty of reckless driving, and his conviction is set aside.

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

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Motor Vehicle hearings-Hiring an Attorney to Reduce License Suspensions- MVC/DMV Hearings

Hiring an Attorney to Reduce License Suspensions at Motor Vehicle Services - MVC/DMV Hearings
More info at http://www.njlaws.com/reduced_license_suspensions.html
If a driver in New Jersey receives too many points after traffic violations, the Motor Vehicle Commission or "MVC" [formerly the Division of Motor Vehicles or "DMV"], will mail the driver a Scheduled Suspension Notice. The MVC/DMV notice will set forth the date the suspension is scheduled to start as well as the length of suspension. In addition, if you received a moving violation ticket while your drivers license was suspended, the MVC/DMV usually also schedules a suspension. If you receive a Scheduled Suspension Notice, it is important to immediately sit down with an experienced Criminal/Traffic Attorney to discuss possible ways to reduce the suspension.

A written request for hearing must be served on the MVC/DMV. If the written request for hearing is not received prior to the scheduled suspension, the MVC/DMV will automatically suspend your drivers license for the maximum period permitted.

Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Hiring an attorney to reduce license suspension often ranges in costs between $900.00-$1,500.00. There is no Public Defender or free attorney in MVC/DMV hearings. After you retain an attorney, he or she will usually serve a written "Opposition to Suspension AND REQUEST FOR ALJ HEARING." Your attorney will request a hearing on any proposed suspensions or other administrative actions. Demand will be made that the Motor Vehicle Commission/Division of Motor Vehicles provide your attorney with discovery pursuant to the New Jersey Administrative Code, NJAC 1:1-1 et seq. and NJAC 1:13-10. Your attorney¹s letter needs to set forth legal issues and defenses he or she intends on raising at the hearing.
The MVC/DMV, prior to suspending a license or taking specific action against a driver, must mail a notice to the driver informing them of the proposed suspension or any other action. The proposed action to be taken against any licensee by the MVC/DMV becomes effective on the date set forth on the notice except when otherwise specified. Such is the case unless the licensee or his/her attorney makes a request, in writing, for a hearing within 25 days from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2.

Under NJAC 13:19-1.2, the MVC/DMV should require a prehearing conference with a MVC/DMV employee, or transmit the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1. If the parties cannot reach a resolution, the matter will be submitted to the Office of Administrative Law for a hearing. NJAC 13:19-1.8(d). The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature, and must be strictly construed against the State. State vs. Churchdale-Leasing Inc., 115 N.J. 83, 102, 557 A. 2d 277 (1989). The word conviction, as it is used in NJSA 39:3-40, refers only to a plea or a finding of guilt in a court of competent jurisdiction and not to an order of suspension entered by the MVC/DMV as the result of an administrative proceeding. State vs. Conte, 245 NJ Super. 629 (Law Div. 1990).
Generally, an attorney can only reduce the suspension period, not eliminating suspension entirely. However, it is often important to reduce suspension time to save a job or a career.

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

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2015 update Wills and Estate Planning Seminar By Kenneth Vercammen

2015 update Wills and Estate Planning Seminar
By Kenneth Vercammen
1. Federal Estate Tax exemption increased to $5,430,000 in 2015 so no Federal Estate Tax. However, New Jersey taxes estates over $675,000

2. Gifts permitted without Federal Estate & Gift tax remains at $14,000 per person.

3. We recommend Self- Proving Wills since witnesses to Will often move or pass away

4. Non-formal writings could be Wills under the Probate Law

5. Undue influence: Recent cases can void Will signed under suspicious circumstances
6. NJ Inheritance tax
7. Power of Attorney
8. Federal Health Privacy Law (HIPAA)
9. Competency required to sign a Will or Power of Attorney
10. Taxpayer relief act
1. Federal Estate Tax exemption increased to $5,430,000 in 2015 so no Federal Estate Tax. However, New Jersey taxes estates over $675,000.
New Jersey has an Estate Tax on amounts over $675,000. So, even if no Federal Estate Tax due, the estate must still file a Federal Estate Tax Return, plus NJ Estate Tax Return.
So, for an unmarried or widowed person with assets of $1,000,000, there is No Federal Estate Taxes, but the Estimated State Estate Tax: $33,200.00
For an unmarried or widowed person with assets of $1,500,000, estimated NJ Estate Tax is over $60,000.
The Federal Tax rate on estates over $5,340,000 was increased from 35% to 40%.
How to avoid NJ Estate Tax- hire an attorney to set up a personal residence trust or irrevocable trust and have the assets taken out of your name and put into a trust or given to children and grandchildren in the trust. Minimum fees for trust are $3,000. This is probably not something a non-attorney can do on their own. It is illegal for a non-attorney to provide legal advice or prepare most legal documents.
2. Gifts permitted without Federal Estate & Gift tax remained at $14,000 per person. However, the amount permitted for Medicaid transfers is zero.
3. We recommend Self- Proving Wills since witnesses often move or pass away
An old New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate paper. My Grandmother’s Will was not self- proving, and the witness to Will extorted a $500 fee.
The New Jersey Legislature later passed a law to create a type of Will called a “Self-Proving Will.” In such a Will, the person for whom the Will is made must sign. Then two witnesses sign. Then the attorney or notary must sign; with certain statutory language to indicate the Will is self-proving. Beware of online documents not prepared by an attorney
When done properly, the executor does not have to locate any witnesses. This usually saves time and money. If your Will is not “self-proving” or if you are unsure, schedule an appointment with an elder law attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will.

4. NJ SENATE Law No. 708 made a number of substantial changes to the NJ Probate Law.

Non-formal writings could be Wills under the Revised provisions governing the administration of estates and trusts in New Jersey. So make sure you have a Formal Will drafted by an estate attorney.

The law expanded situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. Possibly a Christmas card with handwritten notes could be presented as a Will or Codicil.
To present a non-formal Will or writing requires an expensive Complaint and Order to Show Cause to be filed in the Superior Court, and a hearing in front of a Superior Court Judge.
Be careful; have a Will done properly by an experienced attorney.

Beware of the “Elective share” rights of a new spouse. Have a Prenuptial Agreement if entering into a 2nd marriage
The elective share provisions of the present Code has still not been changed yet. Currently, the new spouse who is not given money in a Will can challenge the terms of the Will. This is called "electing against the Will by a spouse". A spouse could receive up to 1/3 of the estate, even if only married for 2 weeks. The spouse must file a Caveat or lawsuit in Superior Court. We suggest a formal prenuptial agreement in 2nd marriage situations.
A Testator now means both male and female individuals, removing the term “Testatrix”. Will forms that say executrix should not be used. Materials at http://www.njlaws.com/probateupdate.htm

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Snow & ice fall downs- Liability of Malls & Stores for fall downs on Snow and Ice and injury

Liability of Malls, stores, restaurants & hotels for fall downs on Snow and Ice and injury claims
The NJ law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm.
The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it
Property owners also have an obligation to keep their parking lots.
The Anchor tenant stores often also have duties under a lease and under the law. The snow removal and maintenance companies are also sometimes to blame.
Inside, the commercial business typically is liable for fall downs, not the property owner. For example, if someone slips and falls inside the store, restaurant or hotel, the negligent entity is the liable person.
What actions must the owner of commercial property take with regard to defects/snow/ice accumulation/dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect/snow/ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.

The NJ Supreme Court held Commercial landowners are responsible for maintaining in reasonably good condition the sidewalks abutting their property and are liable to pedestrians injured as a result of their negligent failure to do so." Stewart v. 104 Wallace St., Inc., 87 N.J. 146, 157 (1981). A commercial landowner may be liable to a pedestrian who is injured due to the condition of the sidewalk, "if, after actual or constructive notice, [the owner] has not acted in a reasonably prudent manner under the circumstances to remove or reduce the hazard." Mirza v. Filmore Corp., 92 N.J. 390, 395 (1983). The commercial property owner's duty to maintain the sidewalk includes the obligation to remove snow or ice if the failure to do so would be negligent under the circumstances. Ibid.

The following is the portion of the NJ Model Jury charge 5.20
NOTE TO JUDGE
Include the following where notice of the condition is an issue.
But, in this case, the property owner contends that he/she had no notice or knowledge of the alleged dangerous condition and, therefore, cannot be held responsible for it. In that connection, I must make you aware of this rule: The owner of commercial or business property is chargeable with a duty of making reasonable observations of his/her property, including the abutting sidewalk, in order to discover any dangerous condition that might develop or occur. The owner must make observations of his/her property, including the sidewalk, with the frequency that a reasonably prudent commercial property owner would in the circumstances. If you find that such a reasonable observation would have revealed the dangerous condition alleged in this case, then the property owner is chargeable with notice of the condition although he/she did not actually know about it; that is, he/she is as much responsible for the condition as if he/she had actual knowledge of its existence.
If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.
If, therefore, you find that there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if you find that the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

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Removing an Executor of a Probate Estate, Removing Administrator

Removing an Executor of a Probate Estate, Removing Administrator

by Kenneth A. Vercammen, Esq.

Under New Jersey Law, the people selected as an executor of a Will have numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries. If there is no will, someone can petition the surrogate to be appointed as "administrator" of the estate.

In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court.
A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.

A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.

As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $225-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
http://www.njlaws.com/removing_the_executor_of_an_estate.htm

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NJ Inheritance tax for Class D beneficiary and need for waivers

New Jersey has had a Transfer Inheritance Tax for many years. There is no Inheritance Tax if property in going solely to spouse, children, grandchildren. However, an Inheritance Tax Waiver must be obtained on all real estate. Your attorney will prepare the Inheritance Tax Returns or L-9 Resident Decedent Affidavit Requesting Real Property Tax Waiver Form. After the tax waiver is obtained, your attorney needs to file with the County Clerk.
Currently, the law imposes a graduated Transfer Inheritance Tax ranging from 11% to 16% on the transfer of real and personal property with a value of $500.00 or more to certain beneficiaries. There is a NJ Estate Tax on most estates over $675,000.
A Transfer Inheritance Tax Return must be filed and the tax paid on the transfer of real and personal property within eight months after the death of either:
A RESIDENT decedent for the transfer of real or tangible personal property located in New Jersey or intangible personal property wherever situated, or
A NONRESIDENT decedent for the transfer of real or tangible personal property located in New Jersey. No tax is imposed on nonresident decedents for real property located outside of New Jersey and intangible personal property wherever situated.
http://www.njlaws.com/inheritance_tax.htm

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39:8-9 Fraudulent Inspection Sticker Enforcement; violations, penalties

39:8-9 Fraudulent Inspection Sticker Enforcement; violations, penalties
a. The enforcement of this chapter shall be vested in the director and the police or peace officers of any municipality, any county or the State. b. An owner or lessee who: (1) Fails or refuses to have a motor vehicle examined within the time period prescribed by the director; or (2) After having had it examined, fails or refuses to place or display a certificate of approval, rejection sticker or waiver certificate upon the windshield or other location on the vehicle as may be prescribed by the director; or (3) Fails or refuses to place the motor vehicle in proper condition after having had the same examined; or (4) In any manner, fails to conform to the provisions of this chapter or the regulations adopted by the director pursuant thereto, shall be guilty of violating the provisions of this chapter, and shall be subject to a fine of not less than $100 or more than $200 or to imprisonment for not more than 30 days, or to both such fine and imprisonment. c. A person who fraudulently obtains a certificate of approval, rejection sticker or waiver certificate, or displays or has in his possession a fictitious, altered, or stolen certificate of approval, rejection sticker or waiver certificate shall be subject to a fine of $500 for each such certificate or sticker. d. The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter: (1) The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in "the penalty enforcement law"; (2) The complaint in any such proceeding may be made on information and belief by the director, or any police or peace officer of any municipality, any county or the State; (3) A warrant may issue in lieu of summons; (4) Any police or peace officer shall be empowered to serve and execute process in any such proceeding; (5) The hearing in any such proceeding shall be without a jury; (6) Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey; (7) Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him to the State Treasurer, who shall deposit one-half of such sums in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2, and who shall pay the remaining one-half of such sums to the county or municipality initiating the complaint or summons or, if initiated by State law enforcement personnel, to the State Treasury; (8) The director or judge before whom any hearing under this chapter is had may revoke the registration certificate of any motor vehicle owned or leased by any person, when such person shall have been found to be in violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation. e. The director may order the suspension of the registration or reciprocity privilege of any motor vehicle found to be in violation of any of the provisions of this chapter. If the owner or lessee fails to surrender the license plates for that vehicle to the division within 45 days of the mailing of an order requiring their surrender, the director may order the confiscation of the license plates of the vehicle that is in violation. An order of license plate confiscation issued by the director shall include an order imposing a civil penalty of $200 on the owner or lessee of the vehicle. This civil penalty shall be paid to the State Treasurer, who shall deposit one-half of the amount in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2 and pay the remaining one-half to any municipality or county whose law enforcement, police or peace officers confiscated the plates in accordance with the order of the director, or if the plates were confiscated by State law enforcement personnel, to the State Treasury. A civil penalty imposed pursuant to this subsection shall be in addition to any other penalty provided by this chapter.
Our office represents persons charged with Traffic offenses. Criminal and Motor vehicle violations are expensive. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

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Expungement of criminal arrest NJ

Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.

Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION

You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
http://www.njlaws.com/expungement_revised.html
http://www.njlaws.com/expungement.html

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Evict tenants for non payment

Kenneth Vercammen Esq. represents landlords in eviction cases. The consultation fee to speak with Mr. Vercammen in person or over the phone is $150. Once retained there is a minimum of $1,200 fee for representation in Superior Court.
ON-PAYMENT OF RENT If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil Part. The court filing fee is less than $50. Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant. You and your attorney should appear on the date for hearing. If the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession.

FAILURE OF TENANT TO APPEAR If the tenant fails to appear by the second call, you can pay an additional fee for a warrant of removal. This is obtained at the Special Civil Part Clerk, Tenancy Section Office. After waiting three days, the constable is given the warrant to serve at the tenants property. If the tenant still fails to move, arrangements can be made with the constable and locksmith to physically remove the tenants and change locks.
http://www.njlaws.com/landlords-eviciting_tenants_for_nonpayment.htm

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Emancipation of children and termination of child support in NJ

Termination of Child Support upon Emancipation in New Jersey

By Kenneth Vercammen, Esq.

Child support is usually paid through a wage withholding garnishment at the parents job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the childs 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 childs 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 childs 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 Order continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college. http://www.njlaws.com/term_of_child_support_upon_emancipation.htm
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817

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Defense Motions to be filed if Drug charges

Pretrial Motions
1) Suppress Evidence
2) Miranda/Privilege
3) Exclude Lab Tests and Demand for notes and Operator Manuals
4) Discovery
5) Reciprocal Discovery
6) Defense experts:
7) Speedy trial
8) Notice of Objection to Lab Reports 2c:35-19
9) Punishment
10) Vagueness

PRE TRIAL MOTIONS

At a time to be set by the Court, Defendant will move for Orders pursuant to R. 3:10 5, 3:13 1, and 7:7-7, as follows and requests oral argument pursuant to R. 1:6 2(d) to preserve all of defendant's rights and defenses:

1) Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5 7 and 7:5-2, because evidence ie defendant's person, breath, blood, and/or other things was seized unlawfully, without a warrant and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.

2) Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the State's investigation of this case because the statements and evidence (a) create substantial danger of undue prejudice to Defendant contrary to Evid.R. 403 (previously Evid.R. 4), (b) are privileged under Evid.R. 503 (previously Evid.R. 25), and (c) were obtained contrary to U.S. Const. Amends. V, VI, IX, and XIV, NJ Constitution 1, paras.1, 10, and 2], and requirements stated in Miranda v. Arizona, 384 US. 486, 86 S.Ct. 1602 (1966), and its progeny.

3) Exclude Lab Tests and Demand for notes and Operator Manuals

If police used a drug testing instrument in this case, Defendant will move to exclude evidence( of drug test results because (a) the Attorney General failed to exercise administrative authority and prescribe methods and procedures for periodic inspection of drug testing instruments as required by statute, and (b) without such properly prescribed methods and procedures, the State cannot lay the foun¬dation needed for admission of drug test results into evidence at trial. Pursuant to ¬¬N.J.S.A. 2C: 35-19, the defendant through attorney, Kenneth A. Vercammen, does hereby object to the entry of proffered laboratory certificate as evidence at the time of trial in this matter, pursuant to Bullcoming v New Mexico 131 S. Ct. 2705 (2011), Crawford v. Washington. 541 U.S. 36 (2004), State v. Berezansky 386 NJ Super. 84 (App. Div. 2006), State v. Kent 391 NJ Super. 352 (App. Div. 2007) State v. Renshaw 390 NJ Super. 456 (App. Div. 2007), State v. Simbara 175 NJ 37 (2002) and State of New Jersey in the Interest of C.D. and P.G. 354 NJ Super. 457 (App. Div. 2002). The certificate is illegible, and has not been certified in accordance with N.J.S.A. 2C: 35-19 (b). The certificate fails to establish the type of analysis performed, the subscriber's full training and experience, the nature and condition of the equipment used, or the full conclusions reached by the subscriber. Defendant also objects to it on the grounds that Defendant intends to contest at trial the composition, quality, and quantity of substances submitted to the laboratory for analysis.

The State has failed to provide all gas chromatograph results and notes pursuant to State vs. Weller 225 N.J. Super. 274 (Law Div. 1986). The defense requests these results and notes.
The defense requests to be provided with the operator's manual for all instruments used to test the substances, pursuant to State v Green 417 NJ Super. 190 (App. Div. 2010) and State v Ford 240 N.J. Super. 44 (App. Div. 1990). Defense requests all operating procedures, instruction manuals, test protocols, maintenance logs of the gas chromatograph or equipment used, performance evaluations, and test result printouts.

4) Discovery. Defendant requests that the State provide paper copy of any relevant discovery as required by Rule 3:13-3, Rule 7:7-7(b) . Defendant further requests that the Court enter a DISCOVERY ORDER, provided the prosecutor neither sends notice of specific objections in writing pursuant to R. 3:1 4 nor moves timely for a protective order pursuant to R. 3:13 3(d). . If the State fails to provide discovery as requested herein, Defendant may move either before or during trial pursuant to R. 3:13 3(f), R. 3:17 4, and Evid.R. 807 (previously Evid.R 64), as applicable, for an Order (a) permitting discovery or inspection of undisclosed materials, (b) granting a continuance, (c) prohibiting introduction in evidence of undisclosed material, (d) monetary sanctions, (e) dismissal of the charges, and (f)such other order as the Court deems appropriate.

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Conditional dismissal for Shoplifting

Shoplifting 2C:20-11 b
Call Kenneth Vercammen for representation 732-572-0500
www.njlaws.com/shoplifting.htm Shoplifting. Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

Shoplifting shall consist of any one or more of the following acts:
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.
(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.
(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.
The state must prove the Defendant had the “knowing” intent to commit a criminal act in a shoplifting case.
The defendant was not aware that there was a criminal act being committed.
NJSA 2C: 4-2. Evidence of mental disease or defect admissible when relevant to element of the offense.

Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense.

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Codicil to a Will

Codicil to a Will
A written revision to a Will is called a Codicil. An individual can have a Codicil to his or her Will as long as the codicil meets certain requirements. The codicil must be signed and witnessed just as the original Will was signed and witnessed. The codicil should refer to original Will by date and should be attached to the original Will. It is not recommended that an individualattempt to draft a codicil. A Codicil should only be draftedby an attorney to insure that it will have its intended effect. If thereare numerous changes to the Will, it is a good idea to have a new will drawn up and executed.
http://www.njlaws.com/codicil_to_a_will.html
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817

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Careless driving 39:4-97 NJ, Edison, Woodbridge, Metuchen, North Brunswick, East Brunswick

Careless driving 39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
Our office represents persons charged with Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.

You should consider hiring a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter. Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

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Appeal of Criminal Conviction NJ

A formal notice of appeal must be filed with the Clerk of the Superior Court within 45 days of judgment (sentencing decision by the Judge). your attorney will be required to file a notice of appeal, other papers with the court, order and read a transcript, prepare a brief and appear in court with you to argue before the Appellate Division. The proceedings before the court are tape-recorded. An outside company is contracted with the court to type up the audiotape. That is called a transcript of proceedings. You must pay the transcript company by preparing a check payable to the transcript company. Under the rule of professional conduct, we will not prepare any paper or draft an appeal until paid in full.

Appeals from judgments of conviction in the superior court shall be taken in accordance with Rule 3:23 and 3:24,
The transcript fee requires a down payment of approximately $500.00, the appeal fee is approximately $300.00 and our legal fee will be $5,000.00. Please read the attached details on appeals to the Appellate Division. For your convenience, we accept credit cards by email, over the phone, and PayPal. You can also make appointment to bring in check or cash or pay by credit card during office hours, mail in retainer check or drop off retainer check through front door mail slot on weekends and evenings. We are required to advise you that we will not file the appeal unless all legal fees are paid.

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Wills & Estate Planning in NJ

WILLS AND ESTATE PLANNING
"SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES "
By Kenneth A. Vercammen, Esq.
IF YOU HAVE NO WILL:
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
* 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-and the law makes no exceptions for persons in unusual need or for your own wishes.
* 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. Careful estate planning helps take care of that.
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

The cost of a Will depends on the size and the complexity of the estate and the plans of the person who makes the Will.

A properly drawn Simple Will without Trust costs approximately $200.00 to $500.00. It is one of the most important documents you will ever sign, and may be one of the best bargains you will ever have.
Be sure your Will takes into account the Federal Tax changes and New Jersey Inheritance Tax changes. Also, ascertain if your Will is “self-proving”, which would dispense with having to find the Will’s witnesses after death.

WHAT IS A WILL?

“A Will is a Legal written document which, after your death, directs how your individually owned property will be distributed, who will be in charge of your property until it is distributed and who will take care of your minor children if the other parent should die ". You should remember that the term “property” under the law includes "real estate as well as other possessions and rights to receive money or items of value.” Everyone who has at least $3,000 in assets should have a Will. You do not have to be wealthy, married, or near death to do some serious thinking about your Will.

ADMINISTRATION OF AN ESTATE

If you are named the executor or executrix, you must visit the County Surrogate to probate the Will. You will need the following items:
1. The Death Certificate
2. The Original Will
3. Names and Addresses of decedent's, next of kin and list of beneficiaries
4. Minimum of $80.00 for Surrogate fees

A NJ state inheritance tax return must be filed and the tax paid on the transfer of real or personal property within eight months after death.

OTHER ITEMS OF CONCERN TO BE PREPARED BY YOUR ATTORNEY
-Trusts (and Medicare Trusts)
-Power of Attorney- to allow a trusted person to administer your assets during your lifetime, either upon disability or now
-Living Wills- to state your wishes concerning medical care in the event of your serious illness

Kenneth A. Vercammen is a Middlesex County trial attorney who has published 125 articles in national and New Jersey publications on litigation topics. He has been selected to lecture to trial lawyers by the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Call our office to schedule a confidential appointment 732-572-0500

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2C:12-3. Terroristic threats

2C:12-3. Terroristic threats a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.
b. A person is guilty of a crime of the third degree if he threatens to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out

Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

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39:4-98 Speeding Rates of speed

39:4-98 Speeding Rates of speed Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following: a. Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours; b. (1) Twenty-five miles per hour in any business or residential district; (2) Thirty-five miles per hour in any suburban business or residential district; c. Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.). Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate. When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria: residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities or senior communities. Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate. The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within his discretion.

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PTI Pre Trial Intervention for first offender criminal charges NJ

Pretrial Intervention Program (PTI)
Edited by Kenneth Vercammen from Judiciary Information Sheet
If you have no prior criminal charges I recommended that my clients apply for PTI Pre Trial Intervention. Please read the details at http://www.njlaws.com/pre-trial_intervention.html.
We provide our clients with a copy of the Uniform Defendant Intake form used to interview persons by the Criminal Division. We advise clients to please read, fill out. You may wish to fax or bring to my office for review. In Middlesex County, interviews are held at 14 Kirkpatrick St., New Brunswick, NJ 08901. We suggest you call the Criminal Division first to confirm they have your file ready 732-565-5065.

When you go to be interviewed bring the Complaint, pay stubs, photo ID, and your entire file in connection with your matter. You must pay the $75.00 application fee.

In support of your application for PTI the prosecutor and court will later review any letters or documents that are submitted to the Court on your behalf. Please type up and deliver to my office a list of 15 reasons why the prosecutor should approve PTI within 10 days.
I recommend very strongly that you obtain letters from relatives or other individuals who know you who would be willing to write to the Court to indicate that there should not be incarceration. These letters should set forth favorable aspects regarding your life and your future. They should point out some of the good traits that you possess. They should also feel free to put any other reasons why the prosecutor should approve PTI. The letter should include your date of birth and complaint or indictment number. These letters are for your benefit and these instructions should be followed. These letters of reference should go to the Criminal Division, which interviewed you for PTI.
Please bring an extra copy of all letters of reference, pay stubs and any other documents for the court just in case the court has lost the copies.
Kenneth Vercammen & Associates Law Office represents people charged with criminal offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face prison, fines over $10,000, jail, probation over 18 months, and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal violations. Our website www.njlaws.com provides information on criminal cases.

What is the Pretrial Intervention Program (PTI)?
The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior. The PTI program is based on a rehabilitative model that recognizes that there may be an apparent causal connection between the offense charged and the rehabilitative needs of a defendant. Further, the rehabilitative model emphasizes that social, cultural, and economic conditions often result in a defendant’s decision to commit crime. Simply stated, PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal behavior by a defendant.

Standardized Pretrial Intervention Program (PTI) Procedures

Directive #14-05 promulgates for statewide use a standard set of forms for processing Pretrial Intervention Program (PTI) cases through the Criminal and Probation Divisions of the Superior Court. Since December 1, 2005, the following language is used, replacing any corresponding forms now in use in the court vicinages:

What Are the Benefits of the Pretrial Intervention Program (PTI)?
If PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record. Although no record of a conviction exists, a defendant may want to file for an expungement to remove any record of the original arrest.

Early intervention allows rehabilitative services to be provided soon after the alleged offense, in an attempt to correct the behavior that led to the offense. Some of the costs associated with the formal court process are eliminated through acceptance into PTI. PTI provides early resolution of a case, which serves the interests of the victim, the public and the defendant. PTI reduces the burden on the court and allows resources to be devoted to more serious criminals.

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39:4-144 Stopping or yielding right of way before entering stop or yield intersections.39:4-144

39:4-144 Stopping or yielding right of way before entering stop or yield intersections.39:4-144. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "stop" sign unless:a.The driver has first brought the vehicle or street car to a complete stop at a point within five feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard. b.No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "yield right of way" sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, the driver is otherwise directed to proceed by a traffic or police officer or traffic control signal.c.No driver of a vehicle or street car shall turn right at an intersecting street marked with a "stop" sign or "yield right of way" sign unless the driver stops and remains stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning.
Our office represents persons charged with Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.

You should consider hiring a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter. Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

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2C:17-3 Criminal mischief in NJ

2C:17-3 Criminal mischief. a. Offense defined. A person is guilty of criminal mischief if he:(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

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Name Change in NJ

Details at http://www.njlaws.com/name_change.htm
Name Change : SERVICES TO BE PROVIDED AND LEGAL FEE
1. Office interview with client, office consult fee is $150.00, which is included in the Name Change fee. 2. Review Name Change Questionnaire filled out by client. 3. Obtain information such as name, address and telephone number.
4. Obtain information regarding details of Name Change
5. Attend to opening of file.
6. Preparation of draft Verified Complaint Including Certification of Plaintiff for Name Change
7. Preparation of Order Fixing Date of Hearing for Name Change
8. Prepare letter to client enclosing drafts for client to carefully read.
9. Preparation of Newspaper Notice
10. Preparation of letter to The Home News & Tribune
11. Preparation of Final Judgment for Name Change
12. Travel to County Courthouse and appearance in front of Superior Court Judge
13. Preparation of letter to Department of Treasury
14. Preparation of letter to Vital Statistics
15. Preparation of letter to Motor Vehicle Commission DMV with Judgment
16. Office conference with client
17. Provide free information brochures on Wills, Power of Attorney, Living Wills, Answers to Questions about Probate, Website/ Elder Law on the Internet website www.njlaws.com other brochures.
18. Provide bi-weekly computer email newsletter with updates on Probate, Insurance, and Free Legal Information.
19. Preparation of end of case letter to client
Legal fee for Name Change- $ 1,900 includes court appearance.
Please make Checks payable to Kenneth Vercammen, PC. Visa, Master Card and American Express accepted. Please pay the front desk legal secretary at first meeting. Payment is required prior to any documents being drafted.
Other costs: Superior Court Filing Fee $200.00 Payable to Superior Court of NJ

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NJ Estate Tax

NJ Estate Tax for Estates over $675,000
Recommendation for Tax Planning now if husband and wifes total assets including life insurance exceeds $675,000
A New Jersey estate tax return must be filed if the decedents gross estate plus adjusted taxable gifts as determined in accordance with the provisions of the Internal Revenue Code in effect on December 31, 2001 exceeds $675,000. It must be filed within nine months of the decedents death (nine months plus 30 days if the Form 706 method is used). Additionally, a copy of any Federal estate tax return filed or required to be filed with the Federal government must be submitted within 30 days of the date it is filed with the Internal Revenue Service and a copy of any communication received from the Federal government must be submitted within 30 days of its receipt from the Internal Revenue Service.

The NJ Estate Tax is in addition to any NJ Inheritance Tax.

Who Must File

A New Jersey estate tax return must be filed if the decedents Gross Estate exceeds $675,000. There is substantial taxes that must be paid after the 2nd spouse dies on amounts over $675,000. You can hire an attorney to set up Trusts to try to reduce taxes due. We charge a minimum fee of $600 for each trust within a Will. A separate stand alone Trust has a minimum fee for $2,000.

Even if your net worth is well below the threshold where the federal estate tax becomes an issue, the New Jersey Estate Tax may still be a problem. The New Jersey Estate Tax affects any person or married couple with net worth over $675,000.There is no exemption for assets you leave to your children; those assets are fully taxed. There is also no exemption for the value of your home and life insurance, so it is easy to hit the $675,000 threshold very quickly. more details at http://www.njlaws.com/NJ-Estate-Tax.html

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Possession of Marijuana defense in NJ

2C:35-10 Marijuana
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:

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

Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.

Moreover, the court must suspend the defendant's driver's license for a time period between six months and two years. In addition, probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed.

If you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.

CONDITIONAL DISCHARGE

New Jersey State statute N.J.S.A. 2C: 36A-1 provides that a person not previously convicted of a drug offense and who has not previously been granted supervisory treatment under 24:21-27, 2C:43-12 or 2C: 36A-l may apply for a conditional discharge. The court upon notice to the prosecutor and subject to 2C: 36A-l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). more details at http://www.njlaws.com/marijuana.htm

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Post Will Instructions

Post Will Instructions to Clients

I send all my clients a Post Will letter to give them several important reminders regarding the clients Will and things related to it. I am doing this in order for them to have a permanent record and also that they may refer to this letter from time to time in the future in order to refresh the clients memory. Please be sure, therefore, to keep this letter with the clients copy of their Will.

We have given the client the Original signed Will to take home. The client should advise the Executors where the original Will is going to be stored. Additionally, they should provide the Executor with our business card and instruct the Executor to contact us prior to going to the Surrogates Office or probating a Will. If they have a Living Will, please be sure to give a copy to their doctor.

If they ever want to discuss the Will with me, I will be happy to do this with the client at any time after scheduling an appointment.

I recommend that the client review the Will periodically in order to keep it up-to date regarding changes in their family, their property, their wishes, and the law. I suggest that approximately five (5) years from the present time, the client contact my office and schedule an appointment again so that we can review their Will together.

This periodic review program should not prevent the client from considering the making of a change in their Will at any earlier date. Changes should be made whenever the client believes such changes are necessary. A persons family, property and wishes may change over the years and for these and other reasons the client should re-examine their Will from time to time in order to make sure that it will carry out their present wishes.

I caution the client against making any marks upon their original Will because this can lead to a Will contest. If the client wants to make a change in their Will, they should contact my office and we will either make a Codicil (a short addition) to their Will or a new Will depending upon their needs and wishes.

In the event that a death occurs in their family, may I suggest that the client contact my office immediately in order to determine what, if anything, must be done in order to settle that persons estate. I also suggest that the client instruct their Executor and the members of their family to contact my office immediately, in the event of their death, in order to determine what, if anything, must be done to settle their estate.
http://www.njlaws.com/postwillinstructions.html

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Duty of Executor of Probate Estate

Other upcoming duties/ Executor to Do

Bring Will to Surrogate

Apply to Federal Tax ID #

Set up Estate Account at bank (pay all bills from estate account)
Pay Bills

Notice of Probate to Beneficiaries (Attorney will handle)
If charity, notice to Atty General

File notice of Probate with Surrogate (Attorney will handle)

File first Federal and State Income Tax Return [CPA- ex Marc Kane]

Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney will handle)

File waivers within 8 months upon receipt (Attorney will handle)

Prepare Informal Accounting

Prepare Release and Refunding Bond (Attorney will handle)

Obtain Child Support Judgment clearance (Attorney will handle)

Let's review the major duties involved, which we've set out below.

In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.

Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.

An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.

Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.

Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.

Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.

Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
http://www.njlaws.com/executor-duties_and_responsibilties.html

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Accounting in Probate Estate

NJ Court Rule 4:87 Probate Accountings, Actions for the Settlement of Accounts
(a) Actions to settle the accounts of executors, administrators, testamentary trustees, non-testamentary trustees, guardians and assignees for the benefit of creditors shall be brought in the county where such fiduciaries received their appointment. The action shall be commenced by the filing of a complaint in the Superior Court, Chancery Division, and upon issuance of an order to show cause pursuant to R. 4:83. A non-testamentary trustee shall annex to the complaint a copy of the written instrument creating the trust and stating its terms. The order to show cause shall state the amount of commissions and attorneys fee, if any, which are applied for. (b) An action may be commenced by an interested person to compel a fiduciary referred to in paragraph (a) of this rule to settle his or her account, and, in appropriate circumstances, to file an inventory and appraisement. Note: Source-R.R. 4:105-1, 4:105-2, 4:105-4(a)(b), 5:3-6(a)(b). Former R. 4:86-1, 4:86-2 and 4:86-3 deleted and new R. 4:87-1 adopted June 29, 1990 to be effective September 4, 1990. 4:87-2. Complaint

The complaint in an action for the settlement of an account (a) shall contain the names and addresses of all persons interested in the account, including any surety on the bond of the fiduciary, specifying which of them, if any, are minors or mentally incapacitated persons, the names and addresses of their guardians, or if there is no guardian then the names and addresses of the parents or persons standing in loco parentis to the minors; (b) shall specify the period of time covered by the account and contain a summary of the account. The summary shall state, all as shown by the account: (1) in the case of a first accounting, the amount for which the accountant was chargeable as of the date the trust or obligation devolved upon him or her, or where an inventory is on file, the amount of the inventory; or in the case of a second or later accounting, the balance remaining in the hands of the accountant as shown in the last previous account; (2) the amount for which the accountant became chargeable in addition thereto; (3) the total of the first two items; (4) the amount of the allowances claimed in the account; and (5) the balance in the accountants hands. Charges and allowances sought on account of corpus and income shall be stated separately both in the summary and in the account; (c) shall have annexed thereto the account which shall be dated; (d) shall ask for the allowance of the account, and also for the allowance of commissions and a fee for the accountants attorney, if accountant intends to apply therefor; and (e) shall be filed at least 20 days prior to the day on which the account is to be settled.http://www.njlaws.com/probate_accountings.htm

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39:4-96 Reckless driving Fine or imprisonment not exceeding 60 days,5 MVC points

39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60 days, or both
fines $50- $200 5 MVC points, plus court costs Plus Judge can suspend license Plus 5 car insurance points and possible non renewal by car insurance

39:4-96. Reckless driving; punishment
39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.

More info at http://www.njlaws.com/reckless_driving.html

Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Second or subsequent offense:
Fine or imprisonment not
exceeding 3 months, or both
$100 $500 plus court costs and possible non-renewal by car insurance
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.
You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.
Kenneth Vercammen, Certified Criminal Trial Attorney
Past NJSBA “Municipal Court Attorney of the Year”
Former Prosecutor of Cranbury Municipal Court
and co-Author of: ABA "Handling Drug and DWI Cases."
Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!
For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm

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Sentencing in a Criminal Case

Sentencing in criminal cases.
www.njlaws.com/sentencing.html
Kenneth Vercammen's Law office represents persons charged with criminal offenses throughout New Jersey.
The Judge at the time of sentencing always has several options including but not limited to jail, probation, community service, restitution and substance abuse counseling. The Probation Department, which has interviewed you, will prepare what is called a Pre-Sentence Report. This provides information regarding the offense to the Court together with information regarding your background. The judge will also review any letters or documents that are submitted to the Court on your behalf.
If you have a drug charge, the Judge will often have a drug test conducted on the morning of sentencing. If you test positive for illegal drugs, the judge usually will have the defendant locked up.
KENNETH VERCAMMEN &
ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
2C:44-1 Criteria for withholding or imposing sentence of imprisonment. 2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:(1)The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner;(2)The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;(3)The risk that the defendant will commit another offense;(4)A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30, or the defendant took advantage of a position of trust or confidence to commit the offense;(5)There is a substantial likelihood that the defendant is involved in organized criminal activity;(6)The extent of the defendant's prior criminal record and the seriousness of the offenses of which he has been convicted;(7)The defendant committed the offense pursuant to an agreement that he either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;(8)The defendant committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; or the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of his duties or because of the person's status as a sports official, coach or manager;(9)The need for deterring the defendant and others from violating the law; (10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;(11) The imposition of a fine, penalty or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;(12) The defendant committed the offense against a person who he knew or should have known was 60 years of age or older, or disabled; and(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Sale of the House in a Probate Estate

REAL ESTATE TRANSFER SERVICES

We provide representation in the sale of the subject property. I represented the above client at all stages from the review of the initial contract, through review of the title papers, attendance at Closing and assistance in canceling any liens or Mortgages. My usual fee for such representation when the closing is in Middlesex County is $800.00 plus all costs.

Partial list of additional services performed:
Analyze Contract and recommend revisions
Review old Deed, survey
Numerous telephone calls with buyers attorney and other individuals
Numerous correspondence to and from buyers attorney and clients
Preparation of Deed
Preparation of Affidavit of Title
Review Title Binder and Judgment Searches, if applicable
Review RESPA pre-closing, if applicable
More info at http://www.njlaws.com/buying_and_selling_real_estate.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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No insurance Law 39:6 B-2 amended to permit Motion for no DL suspension

No insurance Law 39:6 B-2 amended to provide discretion for no DL suspension
Under the prior law, a person who commits a first offense of driving without insurance is subject to a fine of between $300 and $1,000, a period of community service to be determined by the court, and loss of driver's license for one year from the date of conviction. Under this amended law, imposition of a driver's license suspension for such a first offense is to be within the discretion of the court, and the period of any such suspension could be from two months to one year from the date of conviction.
The relevant portion of 39:6b-2 reads:
....The court also shall suspend the person's right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction ; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing.
Revisions to 39:6B-2 in 2014 Makes driver's license suspension discretionary for first offense of driving without motor vehicle liability insurance P.L. 2013, c.237 -
Effective: January 17, 2014

On January 17, 2014, Governor Christie signed A-1844 into law as P.L. 2013, c.237. The new law took effect on January 17, 2014. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law.
The new law amends N.J.S.A.39:6B-2 to provide that the one-year driver’s license suspension penalty for a first offense of driving without the required motor vehicle liability insurance coverage may be reduced or eliminated by the court if the person provides satisfactory proof of insurance at the time of the hearing. A person who is convicted for a first offense of operating a motor vehicle without the required motor vehicle liability insurance coverage remains subject to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Leaving Scene of Accident with Property Damage

39:4-129. Action in case of accident [Leaving the scene] 39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall
immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall
be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than
$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment
required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section. more info at http://www.njlaws.com/leaving_the_scene.htm

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Guardianship of Incapacitated Adults

Without a legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouses signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.

Without a power of attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.read details at http://www.njlaws.com/guardianship_of_disabled_adults.htm
To do:
. Opening of file and offer client information brochures

2. Draft Verified Complaint for Guardianship

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

4. Affidavit of next of kin

5. Prepare AFFIDAVIT OF Doctor 1

6. Prepare CERTIFICATE OF Doctor 2

7. Letters to Doctors to be delivered by client

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

9. Prepare ORDER FOR HEARING

10. Contact client to request client have doctor sign affidavit

11. Attend to proposed Guardian signing complaint

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

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Driver's License Suspension Hearings when involved in a Fatal accident.

Driver's License Suspension Hearings when involved in a Fatal accident.
If there is a fatal car accident in New Jersey, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the director within 72 hours of the time of the accident.The Motor Vehicle Commission can then serve a proposed suspension on the driver if they were involved in the fatal accident and the MVC determined they committed a motor vehicle violation.
The driver can request a hearing in writing. The hearing is held in front an Administrative Law Judge. The following is the applicable statute.
NJSA 39:5-30 Suspension, revocation of registration, license certificates.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Defense of DWI Blood case

BLOOD TEST "REPORTS" ARE HEARSAY, WHICH MAY BE INADMISSIBLE
Blood test results, documents and papers are writings and thus hearsay. Under the evidence RULE 802. HEARSAY RULE : "Hearsay is not admissible except as provided by these rules or by other law. "
Admission of hearsay which is not admissible under any exception or other law and its use as a foundation for a conviction violates a defendant's Sixth Amendment right to confront witnesses against him. State v Long 255 NJ Super. 716, 726 (Law Div. 1993)

RULE 803. HEARSAY EXCEPTIONS NOT DEPENDENT ON DECLARANT'S UNAVAILABILITY
Detailed information at http://www.njlaws.com/handling_dwi_blood.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Avoiding Mandatory Driver's License Suspension in a NJ Possession Case Part 1/2

Avoiding Mandatory Driver's LIcense Suspension in a NJ Possession Case Part 1/2

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Administrator of Estate where there is No will and Renunciation to permit adult child to serve

Administrator of Estate where there is No will and Renunciation to permit adult child to serve

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Leaving Scene of accident- mandatory suspension and points

39:4-129. Action in case of accident [Leaving the scene]

39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall
immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall
be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than
$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment
required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section. more info at http://www.njlaws.com/leaving_the_scene.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Conditional dismissal and fingerprinting in NJ

more info at https://plus.google.com/105523288807097339409/posts/5m9oVggxNvT
and http://criminalarticle.blogspot.com/2014/05/conditional-dismissal-of-first-offender.html
New law finally establishes a Conditional Dismissal of First offender criminal charges in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.
Governor Chris Christie on September 9 signed into law legislation co-sponsored by Senator Christopher "Kip" Bateman (R-Hunterdon, Mercer, Middlesex and Somerset) to provide a conditional assistance program in Municipal Court for certain first-time offenders. The law takes affect 120 days after signing.
"This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around," Bateman said. "The program will help foster participants' rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record." This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Challenging the executor who does not wrap up the estate

Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court. A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.

A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.

As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $225-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
read more at http://www.njlaws.com/removing_the_executor_of_an_estate.html
The plaintiff can demand the following:

(1) That the named executor be ordered to provide an accounting of the estate to plaintiff.

(2) Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death.

(3) Payment of plaintiffs attorneys fees and costs of suit for the within action.

(4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.

(5) That the executor be removed as the executor/administrator of the estate and that p1 be named as administrator of the estate.

(6) That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Careless driving- 39:4-97 points, fines and possible suspension New Jersey

39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
more info at http://www.njlaws.com/careless_reckless_driving.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Durable Power of Attorney-Reasons to have a Power of Attorney in NJ

Reasons to have a Power of Attorney in NJ What are these powers of attorney? A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In general, an attorney-in-fact may perform any legal function or task which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving a spouse, Family member or a close friend, the power to handle your affairs if you become ill or disabled.
The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
Why is Power of Attorney so important? Every adult has day-to-day affairs to manage, such as paying the bills. Many people are under the impression that, in the event of catastrophic illness or injury, a spouse, partner, or child can automatically act for them. Unfortunately, this is often wrong, even when joint ownership situations exist.
A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs.
New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late. more info at http://www.njlaws.com/power_of_attorney.html

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Fatal Accidents and suspension by the NJ MVC Motor Vehicle Commission

The guilty plea is conclusive evidence of guilt of a moving violation in an Administrative Law case.
Even if the Municipal Court agreed to a civil reservation, the guilty plea is admitted at an AOL hearing the driver's violation of NJ traffic laws.
Municipal Court Rule 7:6-2 sets forth in part.: "Upon the request of the defendant, the court may, at the time of the acceptance of a guilty plea, order that the plea shall not be evidential in any civil proceeding." This is an administrative law case, not a civil proceeding.
On August 27, 2010, in the case State v. Lacey, 416 NJ Super. 123 (App. Div. 2010) the New Jersey Appellate Division ruled that the protections afforded by a civil reservation are limited to those civil actions where the plaintiff seeks to recover money damages. It does not apply to other collateral, civil actions where, for example, the State or other governmental entity is the plaintiff.

The Appellate Division held "Here, the defendant pled guilty to fourth degree abuse of a minor (he slapped his girlfriend's four year old child leaving "red marks" on his face), but argued that the plea should not be used against him by DYFS with respect to visitation or other proceedings that were pending at the time. The court disagreed for two reasons.

First, the judges held that "[a]n action commenced by DYFS is an action by the State against a parent or guardian designed to protect the best interests of the child; it is not an action for money damages or other traditional relief in a 'civil proceeding.'" Thus the reservation would apply if a civil suit was brought by the child's parent for damages arising out of the assault.

Second, when making the civil reservations motion, the defendant has the burden to show a "reason sufficient to warrant the granting of his application." Here the defendant simply made the motion as part of the plea without a basis for barring it in a DYFS proceeding. In addition, the court felt that the "best interest of the child" trumped any rights claimed by the defendant ."
There is also no double jeopardy, since that is also not applicable to an administrative law case.
Discovery is MVC cases- see http://www.njlaws.com/1_1-10_2discovery.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Bond Required in Administration if no Will in NJ

What is a Surety Bond and why do I need to get one?A surety bond is an insurance policy that protects the beneficiaries and creditors of the estate. Administrators are required by law to obtain a surety bond in order to be appointed. Executors may not be required to obtain a surety bond if the will waives that requirement. Source http://www.co.middlesex.nj.us/surrogate/faq.asp

How do I get a Bond released?The administrator can be released from the surety bond in two ways:
▪ Filing the original refunding bond and release forms from all beneficiaries with the Surrogate Court and stamped copies with the Insurance Company
▪ With the approval of the Superior Court of a formal accounting of the estate

In cases where a decedent leaves no will a personal representative will have to provide a New Jersey administrator bond, also referred to as a New Jersey personal representative bond. The bond is required by the County Surrogate Court or "Will Clerk" and serves as a guarantee of certain fiduciary and legal duties.
Generally an appointed administrator or personal representative will protect a decedent's assets, have them professionally appraised if necessary, pay valid debts and distribute the remaining property as the law directs. The New Jersey administrator bond is requested from the surviving spouse or domestic partner of the intestate deceased, if he or she will accept the administration, and if not or if there is no spouse or domestic partner, then from one oft the remaining heirs of the deceased. If none of these parties will accept letters of administration, then the court is free to appoint who it chooses.
The New Jersey personal representative bond is contemplated under NJ 3B:15-1. The court or surrogate appointing a fiduciary must ensure faithful performance of the administrator's duties by requiring the fiduciary to furnish surety bond to the Superior Court in a sum and with proper conditions and surety, having due regard to the value of the estate to be administered and the extent of his authority. Where specific conditions as to a particular surety bond are prescribed by law, the New Jersey probate bond cannot be approved unless the prescribed conditions are included in the obligation.
The bond form must include certain elements. First, the surety bond guarantees that the administrator will make an accurate inventory of the real and personal property of the decedent which has or shall come to his possession or into the hands of any other person for him, have an appraisal made of the real and personal property, and file the inventory and appraisal in the office of the clerk of the Superior Court or of the surrogate within specific time frames.
Second, the New Jersey personal representative bond guarantees that the administrator will faithfully discharge all of the duties imposed upon him according to law, making an accurate account of his administration of the estate. The surety bond guarantees that the administrator will deliver and pay to the distributees entitled to the same, the surplus property of the decedent as may remain.
Finally, the New Jersey probate bond guarantees that the administrator will deliver his letters of administration to the proper court, when required so to do. An administrator (fiduciary) required by law or order of court to give a surety bond, may include as a part of the lawful expense of executing his duties a bond premium not exceeding one percent (1%) per annum on the amount of the bond and only to a corporate surety authorized under the laws of New Jersey to become surety on commercial bonds.
If at any time it becomes apparent that the New Jersey administrator bond given by a fiduciary at the time of his appointment was insufficient or has become insufficient or the surety appears to be insolvent or insufficient for the security of the estate, the court may order the fiduciary to give other or further security to the Superior Court, by bond in the same form using a different surety company.
The court will discharge a surety on the bond from liability for all acts and omissions occurring after the granting of the discharge if the administrator files a new New Jersey personal representative bond duly approved by the court. The surety may also be relieved by moving the court to do so at any time from three months after the entry of a final judgment of distribution made after the allowance of the final accounting.
Upon proof to the satisfaction of the court that the entire estate has been distributed according to law, and that no appeal from the judgment of distribution is pending, discharge the surety on its New Jersey probate bond for the principal from any and every liability. New Jersey surety leader - See more at: http://www.suretyone.org/blog/new-jersey-administrator-bond/#sthash.hOjK37MN.dpuf
more info at http://njprobate.blogspot.com/2014/05/what-is-surety-bond-in-estate.html
KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Evicting deadbeat tenants who dont pay the rent in NJ

If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil Part. The court filing fee is less than $50. Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant. You and your attorney should appear on the date for hearing. If the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession. more info at http://www.njlaws.com/landlords-eviciting_tenants_for_nonpayment.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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First offenders dismissal program for prostitution charges

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

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

PTI is not available if the criminal offense is a disorderly person offense, such as simple assault, harassment or shoplifting. For persons facing a first offense possession of marijuana charge, they can apply for a Conditional Discharge. NJSA 2C: 36-1. As a practical matter, in Municipal Courts, the defense attorneys sometimes can work out an agreement with the complainant in a municipal court criminal ticket to have the prosecution put on hold for six months. If the defendant complies with a stipulated agreement, such as staying away from the complainant, after 12 months the criminal charges are dismissed. more info at http://www.njlaws.com/pre-trial_intervention.htm

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Power of Attorney for your children over 18 in New Jersey when they go to college

Have a Power of Attorney prepared for your college children and children traveling abroad.

There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.

Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.

Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.

While you may never need to use these documents, it is better to be safe than sorry!

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Sale of House in Probate after parents die

REAL ESTATE TRANSFER SERVICES

We provide representation in the sale of the subject property. I represented the above client at all stages from the review of the initial contract, through review of the title papers, attendance at Closing and assistance in canceling any liens or Mortgages. My usual fee for such representation when the closing is in Middlesex County is $800.00 plus all costs.

Partial list of additional services performed:
Analyze Contract and recommend revisions
Review old Deed, survey
Numerous telephone calls with buyers attorney and other individuals
Numerous correspondence to and from buyers attorney and clients
Preparation of Deed
Preparation of Affidavit of Title
Review Title Binder and Judgment Searches, if applicable
Review RESPA pre-closing, if applicable
More info at http://www.njlaws.com/buying_and_selling_real_estate.html

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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School bus violation 5 points in NJ and possible community service 39:4-128.1 &Judge Can Suspend DL

NJSA 39:4-128.1 Passing a School Bus - Penalties
www.njlaws.com/passing_school_bus.html?id=913&a=
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. 39:4-128.1
39:4-128.1 Passing school bus while picking up or discharging
First offense: Fine or imprisonment not exceeding 15 days or 15 days community
service, or both fine $100 -$1,000, 5 NJ MVC Points, plus court costs, plus 5 car insurance points and car insurance company can cancel policy
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 -$1,000

A Certified Municipal Court Law Attorney can probably plea bargain for a no point ticket. Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney. Kenneth Vercammen is Certified Municipal Court Law Attorney recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
39:4-128.1 . School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license 1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus. For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel. Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour. T.. Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. ..
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

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Post Will signing for attorney to do

I am writing this letter to you in order to give you and all my clients several important reminders regarding your Will and things related to it. I am doing this in order for you to have a permanent record of the contents of this letter and also that you may refer to this letter from time to time in the future in order to refresh your memory of them. Please be sure, therefore, to keep this letter with your copy of your Will.

We have given you the Original signed Will to take home. Please advise your Executors where the original Will is going to be stored. Additionally, please provide your Executor with our business card and instruct your Executor to contact us prior to going to the Surrogate's Office or probating a Will. If you have a Living Will, please be sure to give a copy to your doctor.

If you ever want to discuss your Will with me, I will be happy to do this with you at any time after scheduling an appointment.

I recommend that you review your Will periodically in order to keep it up-to date regarding changes in your family, your property, your wishes, and the law. I suggest that approximately five (5) years from the present time, you contact my office and schedule an appointment again so that we can review your Will together.

Please do not let this periodic review program prevent you from considering the making of a change in your Will at any earlier date. Changes should be made whenever you believe such changes are necessary. A person's family, property and wishes may change over the years and for these and other reasons you should re-examine your will from time to time in order to make sure that it will carry out your present wishes.

I caution you against making any marks upon your original Will because this can lead to a Will contest. If you want to make a change in your Will, please come back to my office and we will either make a Codicil (a short addition) to your Will or a new Will depending upon your needs and wishes.

In the event that a death occurs in your family, may I suggest that you contact my office immediately in order to determine what, if anything, must be done in order to settle that person's estate. I also suggest that you instruct your Executor and the members of your family to contact my office immediately, in the event of your death, in order to determine what, if anything, must be done to settle your estate.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Power of Attorney and Living Will Interview

Federal HIPAA law now recommends new Power of Attorney-
Special Repor By Kenneth A. Vercammen A federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was recently adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients.
The effects of HIPAA are far reaching, and can render certain previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well. Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.
As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority do not take the time to create a Power of Attorney. National statistics indicate that 80% of Americans die without leaving a Will. Even more do not have a Power of Attorney. There are several reasons for this: fear of death or disability; procrastination; and misinformation (people presume that only the rich or married with children need to have Wills or Power of Attorney). Whatever the excuse, it is clear that people would benefit from having a Power of Attorney.
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. Reasons to have a Power of Attorney in NJ What are these powers of attorney? A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In general, an attorney-in-fact may perform any legal function or task which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving a spouse, Family member or a close friend, the power to handle your affairs if you become ill or disabled.
The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
Why is Power of Attorney so important? Every adult has day-to-day affairs to manage, such as paying the bills. Many people are under the impression that, in the event of catastrophic illness or injury, a spouse, partner, or child can automatically act for them. Unfortunately, this is often wrong, even when joint ownership situations exist.
A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs.
New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability.

....Kenneth Vercammen & Associates. 2053 Woodbridge Avenue Edison, NJ 08817 732-572-0500 www.centraljerseyelderlaw.com

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Basic Estate Planning

Wills & Estate Administration more info at http://www.njlaws.com/wills_and_estate_administration.htm
SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES

As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority of us do not take the time to create a will.

National statistics indicate that 80% of Americans die without leaving a will. There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich need to have wills). Whatever the excuse, it is clear that people would benefit from having a will.

In the absence of a will or other legal arrangement to distribute property at death, the state must step in to administer the estate. The result can be lengthy delays before the rightful heirs receive their property. And because the state has no instructions from the deceased, no charitable gifts will be made.

IF YOU HAVE NO WILL:

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 * 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-and the law makes no exceptions for persons in unusual need or for your own wishes. * 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. Careful estate planning helps take care of that.

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:

1ST: DEBTS AND TAXES 2ND: SPECIFIC BEQUESTS 3RD: DISPOSITION TO SPOUSE 4TH: DISPOSITION OF REMAINDER OF ESTATE 5TH: CREATION OF TRUSTS FOR SPOUSE 6TH: CREATION OF TRUST FOR CHILDREN 7TH: OTHER BENEFICIARIES UNDER 21 8TH: EXECUTORS 9TH: TRUSTEES 10TH: GUARDIANS 11TH: SURETY OR BOND 12TH: POWERS 13TH: AFTERBORN CHILDREN 14TH: PRINCIPAL AND INCOME 15TH: NO ASSIGNMENT OF BEQUESTS 16TH: GENDER 17TH: CONSTRUCTION OF WILL 18TH: NO CONTEST CLAUSE

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.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Signing of Will in Law Office by Kenneth Vercammen for Elder Law Seminar

Will Signing Instructions Power of Attorney, Living Will and Notary duties Rev 12/7/13
INSTRUCTIONS FOR SIGNING WILLS
When you hear the front door open, look in the Calendar Book for the person's name who is expected in.
Get up and walk to the reception area door and greet clients as they walk into reception. Please greet the client by referring to the client as, "Hello Mr. / Mrs. ________" Please have a seat
1. Get Will file from Ken V office and make sure Wills and other documents are in our folder.
Ask client "Did you read the Will/POA/Living Will?"
If they did not read the Will/POA/Living Will, they must sit and read the Will/POA/Living Will prior to seeing KAV, and advise you that the documents are ok.
2. Did you fax or mail in any changes? Changes are not made the day of signing. This is stated in the letter that is mailed with the Will/ POA/ Living Will draft.
3. If changes were mailed, faxed, or called in, have them read our original file copy of the revised documents, even if we mailed it to them. We want to make sure that we are signing the correct revised version.
4. Ask them "Are you ready to sign the Will/POA/Living Will?"
5. We need to see some ID, either a driver's license or other ID to write in the file proof of competency. Write on inside of file what ID they showed you, and that they said they read the documents.
more at https://plus.google.com/105523288807097339409/posts/csV2Qb6GFsV

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Will & Estate Planning Consults with Attorney

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.

Who don't you want to receive your assets?

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?

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
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 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.

Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.
Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your driver's license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney.

Kenneth Vercammen & Associates
Attorney at Law
2053 Woodbridge Ave
Edison, NJ 08817
www.njlaws.com
Criminal/ DWI/ Municipal Court Traffic/ Drug offenses

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SPEEDING and RADAR

SPEEDING and RADAR
By Kenneth A. Vercammen

It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.
In every charge of a speeding violation, the complaint or summons should specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation.
A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed. The sign itself does not set the speed limit. There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law. There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense.
More info at http://www.njlaws.com/speeding_and_radar.html
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

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Post Will instructions

Post Will instructions
I am writing this letter to you in order to give you and all my clients several important reminders regarding your Will and things related to it. I am doing this in order for you to have a permanent record of the contents of this letter and also that you may refer to this letter from time to time in the future in order to refresh your memory of them. Please be sure, therefore, to keep this letter with your copy of your Will.

We have given you the Original signed Will to take home. Please advise your Executors where the original Will is going to be stored. Additionally, please provide your Executor with our business card and instruct your Executor to contact us prior to going to the Surrogate's Office or probating a Will. If you have a Living Will, please be sure to give a copy to your doctor.

I recommend that you review your Will periodically in order to keep it up-to date regarding changes in your family, your property, your wishes, and the law. I suggest that approximately five (5) years from the present time, you contact my office and schedule an appointment again so that we can review your Will together.

Please do not let this periodic review program prevent you from considering the making of a change in your Will at any earlier date. Changes should be made whenever you believe such changes are necessary. A person's family, property and wishes may change over the years and for these and other reasons you should re-examine your will from time to time in order to make sure that it will carry out your present wishes.

I caution you against making any marks upon your original Will because this can lead to a Will contest. If you want to make a change in your Will, please come back to my office and we will either make a Codicil (a short addition) to your Will or a new Will depending upon your needs and wishes.

In the event that a death occurs in your family, may I suggest that you contact my office immediately in order to determine what, if anything must be done in order to settle that person's estate. I also suggest that you instruct your Executor and the members of your family to contact my office immediately, in the event of your death, in order to determine what, if anything, must be done to settle your estate.
It has been a pleasure handling your legal affairs. If I can be of any help to you in the future, please be sure to call on me again. Thank you again for allowing my office to be of service to you. We hope you are satisfied with the services performed by my office. The file is now closed.
We look forward to helping you and your family in the future. If you have any suggestions for the improvement of my Will and estate planning services, please let me know what they are.

We welcome additional business and accept referrals for:

1) Personal Injury- Car Accidents
2) Municipal Court, Traffic Tickets and DWI.
3) Wills, Power of Attorney, Living Wills and Estate Planning.
4) Criminal cases
5) Probate/ Administration of Estates
6) Injuries caused by Fall downs
7) Civil Litigation for cases over $10,000.

Please pass my office's phone number to your family and friends who do not have a current Will. Our Confidential Will Questionnaire is online at
www.njlaws.com/will_Questionnaire.htm

KENNETH VERCAMMEN
Co-Chair American Bar Association Estate Planning & Probate Committee
Co-Author" Nuts & Bolts of Elder Law & Estate Administration for the NJ State Bar Association's Institute for Continuing Legal Education

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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DWI defense & Pretrial Motions

DWI defense & Pretrial Motions
1. Suppress Evidence
2. Miranda/Privilege
3. Notice of Objection
4. Exclude Tests.
5. Discovery
6. Reciprocal Discovery
7. Speedy Trial
At a time to be set by the Court, Defendant will move for Orders pursuant to R. 3:10-5, 3:13-1, and 7:7-7, as follows and requests oral argument pursuant to R. 1:6-2(d) to preserve all of defendant's rights and defenses:

1. Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5-7 and 7:5-2, because evidence-- ie defendant's person, breath, blood, and/or other things--was seized unlawfully, without a warrant and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.

2. Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the State's investigation of this case because the statements and evidence (a) create substantial danger of undue prejudice to Defendant contrary to Evid.R. 403 (previously Evid.R. 4), (b) are privileged under Evid.R. 503 (previously Evid.R. 25), and (c) were obtained contrary to U.S. Const. Amends. V, VI, IX, and XIV, NJ Constitution 1, paras.1, 10, and 2], and requirements stated in Miranda v. Arizona, 384 US. 486, 86 S.Ct. 1602 (1966), and its progeny.

3. Notice of Objection. If the State gives notice of intent to proffer a certificate executed by a laboratory employee pursuant to N.J.S. 2C:35-19c, Defendant hereby objects to it on the grounds that Defendant intends to contest at trial the composition, quality, and quantity of substances submitted to the laboratory for analysis.

4. Exclude Breath Tests. If police used a breath testing instrument in this case, Defendant will move to exclude evidence(- of breath test results because (a) the Attorney General failed to exercise administrative authority and prescribe methods and procedures for periodic inspection of breath testing instruments as required by N.J.S. 39:4-50.3, and (b) without such properly prescribed methods and procedures, the State cannot lay the foundation needed for admission of breath test results into evidence at trial. See Romano v. Kimmelman 96 N.J. 66, 81 (1984)

GENERAL PROVISIONS

5. Discovery. Defendant requests that the State either produce or permit Defendant's attorneys to inspect and copy or photograph any relevant discovery as required by Rule 3:13-3, Rule 7:7-7(b), OPRA 47:1A-1 et seq. and the common law right to know under Shuttleworth v. City of Camden 258 N.J. Super. 573 (App. Div. 1992). including all relevant items specifically listed on the DISCOVERY requests submitted. Defendant further requests that the Court enter a DISCOVERY ORDER, provided the prosecutor neither sends notice of specific objections in writing pursuant to R. 3:1-4 nor moves timely for a protective order pursuant to R. 3:13-3(d).

If the State fails to provide discovery as requested herein, Defendant may move either before or during trial pursuant to R. 3:13-3(f), R. 3:17-4, and Evid.R. 807 (previously Evid.R 64), as applicable, for an Order (a) permitting discovery or inspection of undisclosed materials, (b) granting a continuance, (c) prohibiting introduction in evidence of undisclosed material, (d) monetary sanctions, (e) dismissal of the charges, and (f) such other order as the Court deems appropriate.

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Deed & Affidavit of Title Legal Services To Be Provided

Deed & Affidavit of Title Legal Services To Be Provided
1. Telephone consultation with client & Office consultation with client.
[Office consult alone is $150 fee]
2. Offer sound legal advice to client.
3. Opening of file and offer client free office brochures
4. Prepare Deed form on computer, insert Property location - type street, city/town, state, zip.
-Insert in deed Sellers name/s should be inserted.
-Type New Owners name/s., -Type in prior Book # page #
-Type in the date the sellers purchased property.
-Type in- Municipal Lot and Block.
-Type in other necessary information in Deed.
5. Prepare Affidavit of Title- Insert where seller will live after Deed.
6. Insert transfer details, -Do spell check.
7. Print Deed & Affidavit of Title.
8. Prepare Affidavit of Partial Exemption.
9. Prepare 1099 for no capital gains tax, if applicable.
10. Prepare Seller's Residency Certification/Exemption
11. Prepare correspondence to County Clerk. [Note- You must pay the mandatory fees to the county Clerks' office, and deliver the Deed and papers to the Clerk's office
12. Preparation of End of Case Letter and client questionnaire.
13. Free subscription to monthly E-mail newsletter.
14. Free T- shirt, Pens upon request.

Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen, P.C. As with most Attorneys, Fees are paid at the initial consultation and must be paid prior to documents being drafted. The client is responsible for the County Clerk filing fees, which are between $120-$180.
[Note- After the Deed is typed, there is a minimum $50.00 additional charge for each change in Grantees or Buyers or other changes not set forth in the Questionnaire filled out by clients at the initial consult. The fee paid is non refundable. The Deed needs to be signed within 20 days of initial consult or additional fee will be charged. We do not do Tax Planning or Medicaid Planning. The up front fee for a Medicaid trust and house transfer is $4,000, handled by outside counsel
Deed Bill rev 12/7/13

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

1. Grantor/ Property owner: (as it appears on deed) _______________________

2. Grantee- Person who is receiving property __________________________

2. Phone (cell)_______________________(W)__________________

3. Your fax #______________. 4. Email Address ____________________

5. Real Estate transferred: Lot No. _________ Block No. __________

Address: __________________________________________

Grantor's address if different form above Address:______________________

6. Present Mortgage Company and equity loan: ______________________
Address: ___________________________________________

Loan No. _____________________ 800 Telephone No. ___________
If none write- None (If mortgage you will need to obtain copy of payoff amount)

7. Other Mortgages/ Home Equity Loan: ___________________________

8. Is any Seller age 62 or over? If so, name and date of birth: __________

9. Social Security Number _____-_____-_____.

10. Name, Address, Telephone number of Condominium Association, if any: __

11. Reason for transfer _____________________________
PLEASE ATTACH A COPY OF DEED (not original). If you have a copy of the old TITLE INSURANCE & SURVEY please include also.

Marriage Information: Date of Marriage __________ Maiden or Prior Name(s) __________________ Prior Marriages ___________________
(copy of Final Judgment of Divorce needed, not original)

13. Address After Property transfer if moving: ___________________
Deed price $ ________________
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

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Removing an Executor of a Probate Estate by Kenneth Vercammen, Esq. Edison, NJ

Removing an Executor of a Probate Estate by Kenneth Vercammen, Esq. 732-572-0500 ABA Author Speaker
2053 Woodbridge Ave.
Edison, NJ 08817
http://www.njlaws.com/removing_the_executor_of_an_estate.html?id=786&a=
Under New Jersey Law, the people selected as an executor of a Will have numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries. If there is no will, someone can petition the surrogate to be appointed as "administrator" of the estate.

In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court.

The New Probate Statute of NJ revised various sections of the New Jersey law on Wills and estates. law makes a number of substantial changes to the provisions governing the administration of estates and trusts in New.

As a beneficiary, you will probably eventually be requested to sign a release and refunding bond. If you have evidence of misappropriation, you may consider asking the executor for an informal accounting prior to signing the release and refunding bond. If you have concern regarding the handling of an estate, schedule an appointment to consult an elder law attorney.

Kenneth A. Vercammen is a Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on Probate and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. He is Chair of the American Bar Association Estate Planning & Probate Committee. He is also Editor of the ABA Elder Law Committee Newsletter

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.

In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, and contested Probate hearings.

KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500

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Shoplifting defense in NJ 2C:20-11 and avoiding community service

Shoplifting Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey such as Shoplifting 2C:20-11. Shoplifting shall consist of any one or more of the following acts:
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.
d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Contact Kenneth Vercammen, Esq. 732-572-0500
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

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

Kenneth Vercammen 732-572-0500 Shoplifting Charges, Defenses and Jail terms by Kenneth Vercammen, Esq. Edison, NJ Shoplifting shall consist of any one or more of the following acts:
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5) For any person purposely to underling with the intention of depriving the merchant of the full retail value thereof.

(6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000.00 or more.

(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00.

(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00.

(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.
d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

(2)"Store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;
(3)"Merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;
(4)"Merchant" means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor; The Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

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School Bus Violations 39:4-128.1 Judge Can Suspend DL for Willful Traffic Offense.

39:4-128.1 Passing school bus while picking up or discharging
First offense: Fine or imprisonment not exceeding 15 days or 15 days community
service, or both fine $100 -$1,000, 5 NJ MVC Points, plus court costs, plus 5 car insurance points and car insurance company can cancel policy
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 -$1,000

A Certified Municipal Court Law Attorney can probably plea bargain for a no point ticket. Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney. Kenneth Vercammen is Certified Municipal Court Law Attorney recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
Kenneth Vercammen, Esq.
732-572-0500 2053 Woodbridge Ave. Edison, NJ 08817
39:4-128.1. School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license
http://www.njlaws.com/passing_school_bus.html?id=701&a=
1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of avehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted there from or be about to enter said bus.

For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted there from shall have reached a place of safety.

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Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

Rights Upon Arrest by Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 088171. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it".
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line, Remember: Even a fish would not get caught if they kept their mouth closed. OJ remained silent and is playing golf today. [Copyright 1985-1986 Alan Marain]

The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) aff'd per curiam 224 NJ Super. 90 (App. Div. 1988).
more info at http://njlaws.com/arrest_criminal_violation.html?id=6&a=

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Driving While Suspended Defenses by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

2053 Woodbridge Ave.
Edison, NJ 08817 http://www.njlaws.com/driving_while_suspended.html?id=1159&a=
39:3-40 Driving While Suspended in New Jersey
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

39:3-40 Driving on a Suspended License in New Jersey.

Thousands of motorists in New Jersey are stopped for routine traffic violations then are surprised to be informed their license is suspended. Where the minimum costs would be over $1,261 in fines, surcharge and costs, motorists should be certain not to allow their license to become suspended. If charged, motorists may need an attorney with knowledge and skill in handling driving while suspended matters.

The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, no person to whom a drivers license has been refused or whose drivers license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a drivers license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition. The statute also prohibits the operation of a motor vehicle whose registration has been revoked.

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Wills And Probate by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Speaker

2053 Woodbridge Ave.
Edison, NJ 08817 http://njlaws.com/wills_and_new_probate_law_of_nj.html?id=1055&a=
The New Probate Statute of NJ revised various sections of the New Jersey law on Wills and estates. The Law makes a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.
IF YOU HAVE NO WILL:
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

* 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-and the law makes no exceptions for persons in unusual need or for your own wishes.

* 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. Careful estate planning helps take care of that.

The Uniform Probate Code attempts to bring greater uniformity to the rules governing testamentary and non-testamentary transfers in response to the significant number of non-testamentary transfers that occur at the time of the decedent's death. For example, a new term, "governing instrument" has been incorporated as a definition in the substitute to include deeds, trusts, insurance and annuity policies, POD (pay on death) accounts, securities registered in beneficiary form (TOD), pension, profit sharing, retirement and similar benefit plans, and other wealth transfer instruments.

The law also clarifies situations where writings that are intended as wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence.

The law provides that divorce or annulment of a marriage, under certain circumstances, would revoke not only provisions of the former spouse's will, but also non-probate transfers occurring by reason of the decedent's death to the former spouse.

The law expands the provisions requiring survival of a beneficiary by 120 hours to succeed to an interest of a decedent in non-probate transfers.

The law also makes substantial revisions to the laws governing intestate succession. [Dying without a Will] For example, the substitute provides that the intestate share of a surviving spouse would be 100% of the intestate estate where all of the surviving descendants of the decedent are also the descendants of the surviving spouse and the surviving spouse has no other descendants. The surviving spouse would now be entitled to a larger share of the estate in the event that either a parent of the decedent survives a decedent who has no descendants, or there are descendants of the surviving spouse who are not descendants of the decedent. Finally, stepchildren of a decedent would be added as a final class of takers.

The law expands the law with respect to disinheritance of a person who criminally and intentionally kills the decedent to include revocation of non-testamentary dispositions.

The law consolidates the law concerning disclaimers of probate and non-probate property. The law clarifies that a fiduciary may, with court approval, disclaim any power or discretion held by such fiduciary, and may disclaim without court approval if the governing instrument so permits.

This law would also make some changes with regard to small estates. Under the old law, upon filing an affidavit with the surrogate the surviving spouse is entitled to the assets of an estate without administration if the assets do not exceed $10,000; similarly, in situations where there is no surviving spouse and the assets of the estate do not exceed $5,000, the heirs are entitled to the assets without administration if one of the heirs files an affidavit with the consent of the remaining heirs. This law amends N.J.S.A. 3B:10-3 and 3B:10-4 to increase these amounts to $20,000 and to $10,000, respectively.

Finally, the law expands the rules of construction formerly applicable only to Wills to other donative transfers.

The law provides a limited statute of limitations with respect to creditor claims against a decedent's estate.

KENNETH VERCAMMEN & ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.BeNotGuilty.Com

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Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 ABA Author Criminal Law

Rights Upon Arrest Contact Kenneth Vercammen Esq. for represenatation
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/what_to_do_if_arrested.html?id=1037&a=
1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.

2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.

3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it.

NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line.

Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and is playing golf today.

4. Call your lawyer at the first opportunity.

5. Make bail. Borrow money from relatives and friends. You may need money to hire investigators and experts.

6. Bring to your attorney the Complaint and Arrest report if provided.

7. Obtain names, addresses, phone number of your witnesses.

8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line.

9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don't want to waste a trip to the courthouse.

10. Stop taking any illegal drugs. You will be required to take several drug tests.

Consequences of a Criminal Guilty Plea in Superior Court:

1. If you plead guilty you will have a criminal record.

2. Before the judge can accept your guilty plea, you will have to stand up in open court and tell the judge what you did that makes you guilty of the particular offense in front of all persons in the courtroom.

3. You can go to jail, pay thousands of dollars in fines, and may be barred from future employment

4. You may not be able to get a job as a teacher, public employee, banking industry, real estate or other state regulated field.

5. On employment applications, you will have to answer yes, that you were convicted of a crime.

6. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

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

8. In all drug cases, the statute requires mandatory driver's license suspension. New Jersey does not have a special license to go to work or school.

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

10. You must pay restitution if the court finds there is a victim who has suffered a loss.

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

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

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

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

KENNETH VERCAMMEN & ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.BeNotGuilty.Com

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Erase and Expungements of Criminal Arrests and Convictions by Kenneth Vercammen ABA Author

Contact Kenneth Vercammen Esq. for expungement
732-572-0500
2053 Woodbridge Ave.
Edison, NJ 08817 http://njlaws.com/expungement.html?id=400&a=
Expungements of Criminal Arrests and Convictions
Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church goers. The police keep a record of all arrests and convictions, even if 20 years old. These secrets of the past will soon be open to anyone in New Jersey including credit agencies. Under a proposal by the New Jersey Attorney General, for a $15.00 fee, anybody could ask the state police for a persons criminal record, even arrests with not guilty findings. Allowing access to a persons old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen.
Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. -Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.
Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION
You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information, including:
a. Date of Birth and Social Security #
b. Date of Arrest
c. Statute Arrested For and Statute Convicted
d. Original Indictment, Summons, or Complaint Number
e. Petitioners Date of Conviction or Date of Disposition
f. Courts Disposition of the Matter and Punishment Adopted, if Any
SUPERIOR COURT - CRIMINAL - FLAT FEE AGREEMENT TO PROVIDE LEGAL SERVICE Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a criminal expungement Municipal Court matter.

Legal Services to be provided:
1. Flat fee: $1,200- $2,000. We will represent you at all stages from the initial interview to the first appearance in court, if needed. You represent that you have no other arrests or convictions other than the matters you wrote down on the interview sheet.32. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC.
2. Representation/ What We will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. At all times we will seek to achieve solutions which are just and reasonable for you.

KENNETH VERCAMMEN & ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
www.BeNotGuilty.Com

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Elective Share of Spouse to contest Will

Elective Share of Spouse to contest Will
What is my share of my spouse's estate if I elect to take against the will of my deceased spouse?
In general, a surviving spouse dissatisfied with his or her share under the will of the deceased spouse may renounce the will and elect to take his or her statutory share of the testator's entire estate. The surviving spouse is entitled to one-third of the estate provided that at the time of death, the surviving spouse and decedent had not been living separate and apart in different habitations. Generally, the surviving spouse must elect to take his/her elective share by filing a complaint within six months after the appointment of a personal representative of the decedent's estate.
Whether to elect to take against a Will is a decision that cannot be made without comprehensive information regarding the affairs of the spouses. This is not a matter for self-help and referral to an attorney familiar with estate administration is normally required.
3B:8-1 Elective share of surviving spouse of person dying domiciled in this State

http://www.centraljerseyelderlaw.com/ElectiveShare3B8-1.html

Contact Kenneth Vercammen for Representation 732-572-0500

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Elder Law & Estate Administration for Attorneys Part 2

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Elder Law & Estate Administration for Attorneys Part 1.mov

Elder Law & Estate Administration for Attorneys Part 1

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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What to tell police if you are arrested.mov

Contact Kenneth Vercammen, Esq.
732-572-0500
2053 Woodbridge Ave.
Edison, NJ 08817

What to tell police if you are arrested

1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.

2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.

3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it.

NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line.

Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and is playing golf today.

4. Call your lawyer at the first opportunity.

5. Make bail. Borrow money from relatives and friends. You may need money to hire investigators and experts.

6. Bring to your attorney the Complaint and Arrest report if provided.

7. Obtain names, addresses, phone number of your witnesses.

8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line.

9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don't want to waste a trip to the courthouse.

10. Stop taking any illegal drugs. You will be required to take several drug tests.

Consequences of a Criminal Guilty Plea in Superior Court

1. If you plead guilty you will have a criminal record.

2. Before the judge can accept your guilty plea, you will have to stand up in open court and tell the judge what you did that makes you guilty of the particular offense in front of all persons in the courtroom.

3. You can go to jail, pay thousands of dollars in fines, and may be barred from future employment

4. You may not be able to get a job as a teacher, public employee, banking industry, real estate or other state regulated field.

5. On employment applications, you will have to answer yes that you were convicted of a crime.

6. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

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

8. In all drug cases, the statute requires mandatory driver's license suspension. New Jersey does not have a special license to go to work or school.

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

10. You must pay restitution if the court finds there is a victim who has suffered a loss.

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

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

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

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

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Miranda rights reminder Advice on Arrest for a Criminal Violation by Kenneth Vercammen Esq.

Advice on Arrest for a Criminal Violation

1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely," I would rather not discuss it".
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer.
Remember: Even a fish would not get caught if they kept their mouth closed.
OJ remained silent and is playing golf today.
Call the Kenneth Vercammen Law Office. 800- NJLAWS 7 or visit our website
BeNotGuilty.com. We are in Edison, NJ 732-572-0500

Right to Remain Silent upon arrest or police questioning- Miranda Rights
The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) aff'd per curiam 224 NJ Super. 90 (App. Div. 1988).

WHAT IS INTERROGATION?
As set forth in NJ Practice , Vol. 32 Criminal Practice and Procedure (West 1998) Section 755, the United States Supreme Court in Rhode Island V Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) held that the term "interrogation" under Miranda refers not only to express questioning but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
It is "an established principle of our federalist system" that states may afford "individual liberties more expansive than those afforded by the federal constitution." State v Novembrino 105 NJ 95, 144-145 (1987).

KENNETH VERCAMMEN & ASSOCIATES, PC
www.njlaws.com
(732)572-0500

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Answers to Questions About Probate and Estate Administration.mov

Answers to Questions About Probate and Estate Administration
By Kenneth Vercammen, Esq. of Edison
There is a New Probate Law in New Jersey which changes some of the procedures required. Upon the death of a person, a probate proceeding may be commenced by offering the decedent's (the dead person's ) last Will for probate in the Surrogate's Court of the county in which the decedent was domiciled at death. R. 4:80-1(a). Generally, the Executor nominated in the Will brings the proceeding by filing a verified application with the Court.

To minimize time spent in the Surrogate's Court, it is recommended, and in some counties required, that before an Executor submits the Will for probate the attorney/ applicant send the Court:

1) a "data sheet" (referred to in some counties as an "information sheet" or a "fact sheet") containing the information needed by the Court to complete the application;

2) a copy of the Will; and

3) a copy of the death certificate.

The probate application must contain the following information:

1. the applicant's residence;
2. the name, domicile and date of death of the decedent;
3. the names and addresses of the decedent's spouse, heirs (those entitled to take under the laws of interstate succession), and any person named to serve as Executor;
4. the ages of any minor heirs; and
5. the names of the testator's children when the Will was made and the names of children born and adopted after the Will was made, or their children, if any.

KENNETH VERCAMMEN & ASSOCIATES, PC
(732) 572-0500
www.njlaws.com

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2C:12-3. Terroristic threats

2C:12-3. Terroristic threats a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.
b. A person is guilty of a crime of the third degree if he threatens to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out

Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

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Sentencing in criminal cases.

Sentencing in criminal cases.
www.njlaws.com/sentencing.html?id=1068&a=
Sentencing. Kenneth Vercammen's Law office represents persons charged with criminal offenses throughout New Jersey.
The Judge at the time of sentencing always has several options including but not limited to jail, probation, community service, restitution and substance abuse counseling. The Probation Department, which has interviewed you, will prepare what is called a Pre-Sentence Report. This provides information regarding the offense to the Court together with information regarding your background. The judge will also review any letters or documents that are submitted to the Court on your behalf.
If you have a drug charge, the Judge will often have a drug test conducted on the morning of sentencing. If you test positive for illegal drugs, the judge usually will have the defendant locked up.
KENNETH VERCAMMEN &
ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
2C:44-1 Criteria for withholding or imposing sentence of imprisonment. 2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:(1)The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner;(2)The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;(3)The risk that the defendant will commit another offense;(4)A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30, or the defendant took advantage of a position of trust or confidence to commit the offense;(5)There is a substantial likelihood that the defendant is involved in organized criminal activity;(6)The extent of the defendant's prior criminal record and the seriousness of the offenses of which he has been convicted;(7)The defendant committed the offense pursuant to an agreement that he either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;(8)The defendant committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; or the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of his duties or because of the person's status as a sports official, coach or manager;(9)The need for deterring the defendant and others from violating the law; (10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;(11) The imposition of a fine, penalty or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;(12) The defendant committed the offense against a person who he knew or should have known was 60 years of age or older, or disabled; and(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle.

KENNETH VERCAMMEN & ASSOCIATES, PC
(732) 572-0500
www.njlaws.com

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school bus violation defenses NJSA 39:4-128.1 Passing a School Bus - Penalties

39:4-128.1 Passing school bus while picking up or discharging
First offense: Fine or imprisonment not exceeding 15 days or 15 days community
service, or both fine $100 -$1,000, 5 NJ MVC Points, plus court costs, plus 5 car insurance points and car insurance company can cancel policy
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 -$1,000

A Certified Municipal Court Law Attorney can probably plea bargain for a no point ticket. Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney. Kenneth Vercammen is Certified Municipal Court Law Attorney recognized by the Supreme Court as a Certified Municipal Court Law Attorney.

NJSA 39:4-128.1 Passing a School Bus - Penalties

www.njlaws.com/passing_school_bus.html?id=913&a=
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
39:4-128.1
School buses stopped for children, certain disabled persons, duty of motorists, bus driver; violations, penalties.

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. 39:4-128.1
39:4-128.1 . School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license 1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus. For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel. Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the.... VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

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Receving Stolen Property 2C:20-7 .

Receiving Stolen Property

www.njlaws.com/receiving_stolen_property.htm
Receiving Stolen Property. Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
Receiving stolen property   2C:20-7 . Receiving Stolen Property.  a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. "Receiving" means acquiring possession, control or title, or lending on the security of the property.   b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:   (1) Is found in possession or control of two or more items of property stolen on two or more separate occasions; or   (2) Has received stolen property in another transaction within the year preceding the transaction charged; or   (3) Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it ;or   (4) Is found in possession of two or more defaced access devices.   L.1978, c.95; amended 1979, c.178, s.35; 1981, c.290, s.19; 1997, c.6, s.3.   2C:20-7.1. Fencing  a. Possession of altered property. Any dealer in property who knew or should have known that the identifying features such as serial numbers and permanently affixed labels of property in his possession have been removed or altered without the consent of the manufacturer is guilty of possession of altered property. It is a defense to a prosecution under this subsection that a person lawfully possesses the usual indicia of ownership in addition to mere possession.   b. Dealing in stolen property. A person is guilty of dealing in stolen property if he traffics in, or initiates, organizes, plans, finances, directs, manages or supervises trafficking in stolen property.   c. The value of the property involved in the violation of this section shall be determined by the trier of fact. The value of the property involved in the violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons.   d. It is an affirmative defense to a prosecution under this section that the actor:   (1) Was unaware that the property or service was that of another;   (2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did.   e. In addition to the presumptions contained in N.J.S. 2C:20-7b. the following presumptions are available in the prosecution for a fencing offense:   (1) Proof of the purchase or sale of property at a price substantially below its fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew that it had been stolen;   (2) Proof of the purchase or sale of property by a dealer in that property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, or the property or the job lot of which it is a part was bought, received, possessed or controlled in broken succession of title, so that it cannot be traced, by appropriate documents, in unbroken succession to the manufacturer, in all cases where the regular course of business reasonably indicates records of purchase, transfer or sale, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew that it had been stolen; and   (3) Proof that a person buying or selling property of the sort received obtained such property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess or control it gives rise to an inference that such person knew that it had been stolen.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

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NJSA 2C:34-1 Prostitution Penalties

NJSA 2C:34-1 Prostitution Penalties

www.njlaws.com/prostitution_penalties.html?id=988&a=
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey
2C:34-1 Prostitution and related offenses. 
Prostitution and Related Offenses.   a. As used in this section:   (1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.   (2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.   (3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.   (4) "Promoting prostitution" is:   (a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;   (b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;   (c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;   (d) Soliciting a person to patronize a prostitute;   (e) Procuring a prostitute for a patron;   (f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or   (g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.   b. A person commits an offense if:   (1) The actor engages in prostitution;   (2) The actor promotes prostitution;   (3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;   (4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;   (5) The actor compels another to engage in or promote prostitution;   (6) The actor promotes prostitution of the actor's spouse; or   (7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.    c. Grading of offenses under subsection b.   (1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.   (2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.   (3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.   (4) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

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POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE (NJSA 2C:35-5)

POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE (NJSA 2C:35-5)

http://www.njlaws.com/possession_with_intent_to_distribute.htm
If someone is Indicted for Possession of Drugs with Intent to Distribute, the Judge will read portions of the following to the Jury. They are called request to charge.
Except as authorized by (statute), it shall be unlawful for any person knowingly or purposely ... to possess or have under his control with intent to ... distribute a controlled dangerous substance (or controlled substance analog).2

The various kinds of substances are defined in another part of our statute. (Insert appropriate CDS, e.g., heroin, cocaine, etc.) is a dangerous substance prohibited by statute. (The defendant does not claim legal authorization, so the exceptions in the statute are not applicable in this case.)

1. The substance in evidence is (insert appropriate CDS or controlled substance analog).
2. The defendant possessed, or had under (his/her) control, S in evidence. 3. The defendant, when (he/she) possessed or had under (his/her) control S in evidence, had the intent to distribute S in evidence.
4. That the defendant acted knowingly or purposefully in possessing or having under(his/her) control with intent to distribute S in evidence.

In regard to the second element, that the defendant had under (his/her) control or possessed S in evidence, "possess" means (charge definition of possession). In regard to the third element, that the defendant had the intent to distribute S in evidence, "distribute" means the transfer, actual, constructive or attempted,4 from one person to another of a controlled dangerous substance (or controlled substance analog). It is not necessary that the drugs be transferred in exchange for payment or promise of payment of money or anything of value. 5 "Intent" means a purpose to do something, a resolution to do a particular act or accomplish a certain thing. Intent is a state of mind, and it is very rare that intent is proven by witnesses who can testify that an accused said (he/she) had a certain intent when (he/she) engaged in a particular act. The intention may be gathered from a person's acts, conduct, from all the person said and did at the particular time and place, and from all of the surrounding circumstances.
You may consider any evidence as to the quantity, purity, and packaging6 of S together with all the other evidence in the case to aid you in your determination of the element of intent to distribute. In regard to the fourth element, the State must prove, as I have stated, that the defendant acted knowingly or purposefully in having under (his/her) control or possessing S with intent to distribute. A person acts knowingly with respect to the nature of (his/her) conduct or the attendant circumstances if (he/she) is aware that (his/her) conduct is of that nature, or that such circumstances exist, or (he/she) is aware of a high probability of their existence. A person acts knowingly with respect to a result of (his/her) conduct if he is aware that it is practically certain that (his/her) conduct will cause such a result. "Knowing," "with knowledge" or equivalent terms have the same meaning.7

the four elements of this offense are that:

1. The substance in evidence is (insert appropriate CDS or controlled substance analog).
2. The defendant possessed, or had under (his/her) control, S in evidence.
3. The defendant had the intent to distribute S in evidence.
4. That the defendant acted knowingly or purposely in possessing or having under (his/her) control with intent to distribute S in evidence.
If you find that the State had proven all these elements beyond a reasonable doubt, then you must return a verdict of guilty. On the other hand, if you find that the State has failed to prove any of these elements beyond a reasonable doubt, then you must return a verdict of not guilty.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

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Points on Traffic Offenses NJ Motor Vehicle violations.

The following are points for NJ Motor Vehicle violations.

VIOLATION POINTS
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
39:3-20 Operating constructor vehicle in excess of 45 mph 3
39:4-14.3 Operating motorized bicycle on restricted highway 2
39:4-14.3d More than 1 person on a motorized bicycle. 2
39:4-35 Failure to yield to pedestrian in crosswalk, 2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
39:4-41 Driving through safety zone. 2
39:4-52 Racing on Highway 5
39:4-55 Improper action or omission on grades and curves 2
39:4-57 Failure to observe directions of officer. 2
39:4-66 Failure to stop before crossing sidewalk 2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
39:4-71 Improper driving on sidewalk 2
39:4-80 Failure to obey direction of officer 2
39:4-81 Failure to observe traffic signal 2
39:4-82 Failure to keep right 2
39:4-82.1 Improper operating of vehicle on divided highway or divider 2
39:4-83 Failure to keep right at intersection 2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
39:4-85 Improper passing on right or off roadway 4
39:4-85.1 Wrong way on one-way street 2
39:4-86 Improper passing, in "No Passing" zone 4
39:4-87 Failure to yield to overtake vehicle 2
39:4-88 Failure to observe traffic lanes 2
39:4-89 Tailgating 5
39:4-90 Failure to yield at intersection 2
39:4-90.1 Failure to use proper entrances to limited access highway 2
39:4-91, Failure to yield to emergency vehicle 2
39:4-96 Reckless driving 5
39:4-97 Careless driving 2
39:4-97a Destruction of agricultural or recreational property 2
39:4-97.1 Slow speed blocking traffic 2
39:4-98 or Speeding up to 14mph above limit 2
39:4-99 Speeding 15-29 mph above limit 4
Speeding 30 mph or more above limit 5
39:4-105 Failure to stop at traffic light 2
39:4-115 Improper turn at traffic light 3
39:4-119 Failure to stop at flashing red signal 2
39:4-122 Failure to stop for police whistle 2
39:4-123 Improper right or left turn 3
39:4-124 Improper turn: from approved turning course 3
39:4-125 Improper u-turn 3
39:4-126 Failure to give proper signal 2
39:4-127 Improper backing or turn in street 2
39:4-127.1 Improper crossing of railroad grade crossing 2
39:4-127.2 Improper crossing of bridge 2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
39:4-128.1 Improper passing of school bus 5
39:4-128.4 Improper passing of frozen dessert truck 4
39:4-129 Leaving scene of accident- No injuries 2
39:4-129 Personal Injury 8
39:4-144 Failure to observe of stop or yield signs 2
39:5D-4 Moving violation out-of-state 2
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
http://www.njlaws.com/dmv_and_points.htm

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Jail and State Prison time

Criminal Indictable and Disorderly Offense Penalties
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and other penalties
Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

-Petty Disorderly person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other penalties

Indictable Criminal Penalties [Felony type] [ Superior Court]
Jail potential Fine max Probation
1st degree 10- 20 years $200,000 [presumption of jail]
2nd degree 5-10 years $150,000 [presumption of jail]
3rd degree 3- 5 years $15,000 1 year- 5 year
4th degree 0- 18 months $10,000 1 year- 5 year

There are many other penalties that the court must impose in criminal case. There are dozens of other penalties a court can impose, depending on the type of matter.
If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!
If you plead guilty: 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
More information on Fines, jail and penalties on website: www.njlaws.com
rev 3/1/12 Fines, Jail penalty criminal http://www.njlaws.com/jail_for_disorderly_conduct.htm

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CONSTRUCTIVE POSSESSION OF DRUGS IN A CRIMINAL CASE

CONSTRUCTIVE POSSESSION OF DRUGS IN A CRIMINAL CASE

"For this offense the state must prove three material elements. First, it must be proved that the item is a controlled dangerous substance.
Second, it must be proved that defendant either obtained or possessed
the substance. Third it must be proved that defendant acted knowingly
or intentionally." 33 N.J. Practice §521 p.475.

The state must prove that the defendant acted knowingly or
intentionally. The state must prove that defendant knew the nature and
character of the item, and it must prove that James's purpose in
possessing the substance was to distribute it. 33 N.J. Practice §520
p.471 (1982).

Possession is the intentional control of an item accompanied by an
awareness of its character. Constructive possession is when the
defendant is aware of the substance and has an intention to exercise
control over the substance. State v. Brown, 67 N.J. Super. 450, 455,
171 A. 2d 15, 18 (App. Div. 1961).

Joint possession is when people knowingly share control over the
article. State v. Raja, 132 N.J. Super. 530, 536, 334 A. 2d 364, 367
(App. Div. 1975).

It is an offense to knowingly or intentionally obtain or possess a
controlled dangerous substance. N.J.S.A. 24:21-20a. "The state must
prove knowledge or intent on the part of the defendant. Knowledge
means that the defendant was aware of the existence of the object and
was aware of its character. Intent means it was the defendant's purpose
to obtain or possess the item while being aware of its character. State
v. McMenamin, 133 N.J. Super. 521, 524, 337 A. 2d 630, 631 (App. Div.
1975); State v. Brown, 67 N.J. Super. 450, 455, 171 A. 2d 15, 18 (App.
Div. 1961).

Mere presence in a premises with other persons where controlled
dangerous substances are found is not sufficient to justify an inference
that a particular defendant was in sole or joint possession of the
substance. State v. Sapp, 71 N.J. 476, 477, 366 A. 2d 334, 335 (1976),
overruled on other grounds by State v. Brown, 80 N.J. 587, 404 A. 2d
1111 (1979).

The state must prove that the defendant was aware of the character of the substance to prove that the defendant acted with knowledge. State v. Reed, 34 N.J. 554, 557, 170 A. 2d 419, 421 (1961); State v. Rajnai, 132 N.J. Super. 530, 536, 334 A. 2d 364, 367 (App. Div. 1975).
http://www.njlaws.com/new_page_6.htm
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

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Bad checks 2C:21-5

Bad checks 2C:21-5 A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:

a.The issuer had no account with the drawee at the time the check or order was issued; or

b.Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.

c.An offense under this section is:

(1)a crime of the second degree if the check or money order is $75,000.00 or more;

(2)a crime of the third degree if the check or money order is $1,000.00 or more but is less than $75,000.00;

(3)a crime of the fourth degree if the check or money order is $200.00 or more but is less than $1,000.00;

(4)a disorderly persons offense if the check or money order is less than $200.00.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
http://www.njlaws.com/bad_checks.html?id=44&a=

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Motorcycle accidents- What to do if Hit by a Car While Riding a Motorcycle

What to do if Hit by a Car While Riding a Motorcycle
Motorcycle accidents
www.njlaws.com/what_to_do_in_a_motorcycle_accident.html?id
...Call your motorcycle insurance company to report the accident.

Call Kenneth Vercammen for representation 732-572-0500
You may have insurance coverages such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical, which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your Major medical insurance companies. Your car insurance does not pay medical bills if you are injured while riding a motorcycle

CAUTION: It is important that you --
1. DO NOT discuss your case with anyone except your doctors and attorney.
2. DO NOT make any statements or give out any information.
3. DO NOT sign any statements, reports, forms or papers of any kinds,.
4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings.

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

Please provide insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to your major medical insurance company.

NJSA 39:1-1 definition
"Motorcycle" includes motorcycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.

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Driving while suspended defenses

DRIVING WHILE SUSPENDED DEFENSES By Kenneth Vercammen, Esq Thousands of motorists in New Jersey are stopped for routine traffic violations, then are surprised to be informed their license is suspended. Where the minimum costs would be $1,261 in fines, surcharge and costs, motorists need an attorney with knowledge and skill in handling Driving While Suspended (DWS) matters. Over the past decade Municipal Court practice has diversified requiring the need for crafted trial counsel to provide adequate representation for clients concerning both disorderly persons and motor vehicle offenses. Although this may seem like a hopeless situation at first, the reality is that it offers an attorney the opportunity to be creative in finding possible ways to avoid a prolonged license suspension and even the possible incarceration of the client. The violation of DWS is set forth at NJSA 39:3-40. This section states, "no person to whom a drivers license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition." The statute also prohibits the operation of a motor vehicle whose registration has been revoked.
http://www.njlaws.com/driving_on_a_suspended_license.htm
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

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Shoplifting 2C:20-11 b.

Shoplifting shall consist of any one or more of the following acts: 
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof. 
 (2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. 
 (3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.  
(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof. 

KENNETH VERCAMMEN ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500
http://www.njlaws.com/shoplifting.htm
NJ LAWS LEGAL WEBSITE: www.njlaws.com
Criminal website www.BeNotGuilty.com

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Personal Use Does not Permit Growing Medical Marijuana. State v. Wilson

Personal Use Does not Permit Growing Medical Marijuana. State v. Wilson 421 NJ Super 301 (App. Div. 2011)

The principal issue in this case is whether the personal use defense for manufacturing a controlled dangerous substance, N.J.S.A. 2C:35-2, applies to the growing of marijuana under N.J.S.A. 2C:35-5. After reviewing the relevant statutory language, as well as the purpose for the personal use exemption, we affirm the trial court's determination that there is no personal use exemption for growing marijuana.

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Simple Assault. 2C:12-1

Simple Assault.  
2C:12-1 Assault. a. Simple assault. A person is guilty of assault if he:  (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or 
(2) Negligently causes bodily injury to another with a deadly weapon; or 
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury. 
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. 

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

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Removing an Executor of an Estate

Removing an Executor of an Estate
http://www.njlaws.com/removing_the_executor_of_an_estate.htm
Under New Jersey Law, the person selected as an executor of a Will has numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries.
In New Jersey, the court and Surrogate do not supervise how an executor or administrator handles the estate. An Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If a beneficiary is not satisfied with the handling of the estate, they can have an attorney file a Complaint in the Superior Court to compel accounting, remove the executor, compel filing of tax returns and seek other relief.
The New Probate Statute of NJ made a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.
Under the United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, 108 S.CT. 1340 (1988) the Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is the executor's responsibility to diligently search for any "readily ascertainable" creditors.
In lieu of a Formal Accounting the beneficiaries will usually be requested to sign a Release and Refunding bond. If a beneficiary has evidence of misappropriation, they should ask the executor for an informal accounting prior to signing the Release and Refunding bond.
COMPLAINT FOR ACCOUNTING & REMOVAL OF EXECUTOR
A Complaint for Accounting is filed in the Superior Court Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate. See Rule 4:87-1
A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by the attorney. The Order to Show Cause is submitted to be signed by the Judge directing the executor to file a written answer to the Complaint, as well as appear before the court at a specific date and time.

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

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DV Reversed where Court Permitted Testimony of Acts not in Complaint. J.D. v. M.D.mov

DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint. J.D. v. M.D.F. 207 NJ 458 (2011)

N.J.S.A. 2C:33-4 a. requires proof of a single communication that was made anonymously, at an extremely inconvenient hour, or in a coarse or offensive language, for the purpose to harass and in a manner likely to cause annoyance or alarm. Subsection c. requires proof of a course of alarming conduct or repeatedly committed acts with the purpose of alarming or seriously annoying the victim. Distinguishing between acts that constitute harassment for purposes of domestic violence and those that are ordinary domestic contretemps can be difficult. Such a determination may depend on the second inquiry required for complaints under the Act.

Due process requires that a party in a judicial hearing receive notice defining the issues and an opportunity to prepare. It forbids the trial court from converting a hearing on one act of domestic violence into a hearing on other acts that are not alleged in the complaint. Trial courts should use the allegations in the complaint to guide their questions, and avoid inducing plaintiffs to abandon that history in favor of new accusations.

Not all offensive or bothersome behavior constitutes harassment. Here, the trial court did not identify which subsection of the harassment statute it was applying. The evidence is not sufficient to support a finding under subsection a. because merely being outside of the home in the morning hours is not harassment and J.D. was unaware he was outside until R.T. alerted her, after which he beat a hasty retreat.

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No Exception to Search Warrant for "Nuisance Abatement." State v. Kaltner 420 NJ Super. 524.mov

No Exception to Search Warrant for "Nuisance Abatement." State v. Kaltner 420 NJ Super. 524 (App. Div. 2011)

There is no broad "nuisance abatement" exception under the community caretaking doctrine to the general rule that warrantless entries into private homes are presumptively unreasonable. In assessing the constitutional tolerance of entry into and search of a home in response to a noise complaint, we employ the "objectively reasonable test," balancing the nature of the intrusion necessary to handle the perceived threat to the community caretaking concern, the seriousness of the underlying harm to be averted, and the relative importance of the community caretaking concern.

The court holds the test was not met where police officers, responding in the early morning hours to a noise complaint, lawfully entered the home, but thereafter fanned out and searched the entire residence for someone in control, while other less intrusive options were available and no compelling need was presented.

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Police did not Require Warrant for Cell Phone Site. State v. Earls mov

Police did not Require Warrant for Cell Phone Site. State v. Earls 420 NJ Super. 583 (App. Div. 2011)

The use of cell phone site information, obtained by the police without a warrant from a suspect's cell phone provider to determine his general location, does not violate the Fourth Amendment or its counterpart in the New Jersey Constitution because a person has no constitutionally protected right of privacy in his general location on roadways or other public places.

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2012 Update Wills & Estate Planning.mov

2012 update Wills and Estate Planning
Seminar materials
Compiled by Kenneth Vercammen

1. Federal Estate Tax increased to Estates over $5,000,000, but New Jersey taxes estates over $675,000.

2. Non-formal writings could be Wills under the New Probate Law

3. The recommendation for Self- Proving Wills

4. Revised statute requires Palimony agreements to be in writing.

5. Recent case can void Will signed under suspicious circumstances
6 Gifts permitted without Federal Estate & Gift tax was increased to $13,000 per person.

1. Federal Estate Tax increased to Estates over $5,120,000, but New Jersey taxes estates over $675,000.

The Federal estate tax was reinstated for 2011 and 2012. The exemption amount will be $5 million per individual in 2011 and was indexed to inflation in 2012 to $5,120,000,. Estates of people who died in 2010 can choose to follow either the rules in effect for 2010 or 2011.
The Act sets a $5 million generation-skipping transfer tax exemption and zero percent rate for the 2010 year.

New Jersey has an Estate Tax on amounts over $675,000. So, even if no Federal Estate Tax due, the estate must still file a Federal Estate Tax Return, plus NJ Estate Tax Return.
So, for an unmarried for widowed person with assets of $1,000,000
No Federal Estate Taxes, but
Your Estimated State Estate Tax: $33,200.00

For an unmarried for widowed person with assets of $1,500,000, estimated NJ Estate Tax is over $60,000

KENNETH VERCAMMEN & ASSOCIATES, PC
(732) 572-0500
www.njlaws.com

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Resisting Arrest 2c 29 2

RESISTING ARREST - FLIGHT ALLEGED (N.J.S.A. 2C:29-2a)
A person is guilty ... if he, by flight,1 purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest . . . [and uses or threatens to use physical force or violence against the law enforcement officer or another] AND/OR [uses any (other) means to create a substantial risk of causing physical injury to the public servant or another].2
In order to convict the defendant of this charge, the State must first prove beyond a reasonable doubt that defendant committed the basic offense3 of resisting arrest. The four elements of that offense are:
1. That was a law enforcement officer.
2. That was effecting an arrest.
3. That defendant knew or had reason to know that was a law enforcement officer effecting an arrest.
1 P.L. 2000, c. 18, section 2, effective April 28, 2000, creates N.J.S.A. 2C:29-2a(2), which makes it a fourth degree offense to resist arrest "by flight."
2 N.J.S.A. 2C:29-2a(1) to (3).
3 In State v. Simms, 369 N.J. Super. 466, 472 (App. Div. 2004), the Court reversed a conviction for third degree resisting arrest because, "although the jury was told which elements had to be found in order for defendant to be guilty of some crime, that is, resisting, resisting by flight, or resisting by physical force, it was not made aware of the significance of its findings in terms of the seriousness, i.e., the grading, of the offense. It should have been clearly apprised of that consequence of its various findings." This language, however, appears to depart from numerous appellate decisions holding that juries should not be instructed as to the sentencing consequences of their decisions in order not to distract them from their essential fact-finding function. Since this portion of Simms was intended to provide the "context that we consider defendant's plain-error argument that the jury should have been charged on self-defense"(id. at 472), the Committee has decided not to specify the degree of each form of resisting arrest in this model charge. Rather, in describing the various elements of the offense, as well as in the final paragraphs that describe the various verdicts that the jury can arrive at, the charge uses the terms "basic offense" (disorderly persons resisting), "more serious offense" (fourth degree resisting with flight), and "the most serious offense charged in the indictment, which is the most serious form of the crime" (third degree resisting pursuant to N.J.S.A. 2C: 29-2a(1)(a) or (b)). RESISTING ARREST - FLIGHT ALLEGED (N.J.S.A. 2C:29-2a) Page 2 of 5
4 See N.J.S.A. 2C:25-19c.
5 Where the issue arises, the jury should also be instructed that the State must prove beyond a reasonable doubt that the law enforcement officer was, in fact, acting under color of law and did announce his intention to arrest. See State v. Kane, 303 N.J. Super. 167, 181-182 (App. Div. 1997).
6 State v. Parsons, 270 N.J. Super. 213, 222 (App. Div. 1994).
7 N.J.S.A. 2C:2-2b(2).
4. That defendant purposely prevented or attempted to prevent from effecting the arrest.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

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Top 25 Cases affecting Municipal Court and criminal prosecution.mov

Top 25 Cases affecting Municipal Court for 12-6-2010
By Kenneth Vercammen, Esq.

No discussion of recent Municipal Court caselaw would be complete without first mentioning the most important case in the past 25 years- State v. Chun 194 NJ 54 (2008). Here the NJ Supreme Court held, subject to certain conditions, the Alcotest breath testing machine is scientifically reliable and that its results are admissible in drunk driving prosecutions.

DWI 1. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse.
State v. Tsetsekas 411 NJ Super 1
(App. Div. 2009)
The court reversed the Law Division conviction and required dismissal of the DWI charge due to a violation of defendant's right to a speedy trial. The extensive delay in adjudicating this matter, caused solely by the state's repeated lapses in preparation and the failure to secure its witnesses, infringed on defendant's due process rights.

DWI 2. In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes
State v Ugrovics 410 NJ Super. 482
(App. Div. 2009)
This Appellate panel held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.

DWI 3. No sequestration of defense expert in DWI case
State v. Popovich 405 NJ Super. 392
(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.

DWI 4. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro 411 NJ Super 91 (App. Div. 2009)
The court considered defendant's appeal from the denial of a post-sentence motion to vacate his plea of guilty to driving while intoxicated. The motion was predicated on a claim that the state withheld exculpatory evidence, but by the time the motion was filed the evidence — a videotape recorded by the camera in the arresting officer's patrol car — had been destroyed through reuse in accordance with the police department's procedures. The court concluded that defendant failed to establish that he would not have admitted to driving if he had access to the videotape prior to the plea, and the court further concluded that the denial of his motion was fully consistent with a proper application of the principles set forth in State v. Slater, 198 N.J. 145 (2009).

Refusal 5. Breath Test warnings now must be given in Spanish
State v. Marquez ____ NJ _____ (2010) (A-35-09) 7/12/10
In this case involving a conviction for refusing to submit to a chemical breath test, the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested the motorist to submit to a chemical breath test and informed the person of the consequences of refusing to do so. The statement used to explain to motorists the consequences of refusal must be given in a language the person speaks or understands. Because defendant German Marquez was advised of these consequences in English, and there is no dispute that he did not understand English, his refusal conviction is reversed.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

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Municipal court college.mov

Municipal Court College Seminar
December 6, 2010 Monday
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick

A guide to handling municipal court matters in your practice.
This information-packed program is designed for attorneys who do not concentrate in municipal court law, including general practitioners seeking to expand into this practice area & not, novice attorneys looking to create a niche practice. Seasoned municipal court lawyers are certainly more than welcome to join us and brush up on their skills.

You'll "go back to school" to attend 6 half hour segments and panel discussions that will provide you with a working knowledge of municipal court law basics. You'll quickly be able to represent clients in a wide range of matters you would normally have had to refer to others. Gain confidence in your ability to handle municipal court law matters. Make an investment in your legal career and register today!
Gain insight and information that will help you represent clients in every aspect of municipal court law, including: • Initial interview getting retained and dealing with the prosecutor • Driving while suspended • Drug cases and DRE • Assault and miscellaneous • DWI - Blood • DWI -- Alcotest

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates (Edison)

JOHN E. HOGAN, ESQ.
Wilentz Goldman & Spitzer, PA (Woodbridge)

JOHN MENZEL, ESQ.
Law Offices of John Menzel (Point Pleasant)

NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll, Esq. (Elizabeth)

STEPHEN D. WILLIAMS, ESQ.
Law Offices of Stephen D. Williams (Flemington)

Who should attend: • Judges & Prosecutors • General practitioners • Criminal law practitioners • Municipal Court law practitioners • Litigators • New attorneys • Members of law enforcement
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 Jerseys Seton Hall University  One Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: (732)214-8500 • Fax: (732)249-0383 • CustomerService@njicle.com
NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.5 hours of total CLE credit. Of these, 3.5 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers' compensation law and/or matrimonial law.

Includes seminar, 400 page book, CD with over 1,000 pages of forms, dinner, coffee, desert Tuition ranges between $145- $189 depending on NJSBA membership Call Phone: (732)214-8500 Seminar # S962-21594

CAN'T ATTEND?
2010 MUNICIPAL COURT COLLEGE
Up to 12 of your 24 New Jersey MCLE credits can be earned via Audio CDs, Webinars & MP3s.
Order your audio package and earn New Jersey MCLE credits at your convenience.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

http://www.njicle.com/seminar.aspx?sid=1244

http://KennethVercammen.com/MUNICIPAL.COURT.COLLEGE.html

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AFL-CIO- Wills for AFL-CIO Members.mov

Wills and Estate Planning for AFL-CIO Members

By Kenneth Vercammen, Esq.

As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all our resources and the assets we earn during our lifetime, the vast majority of Americans do not take the time to create the legal instructions to guide the court or a guardian. National statistics indicate that more than 50% of Americans die without leaving a Will.

Where thereís No Will

The result can be lengthy delays in the distribution of your estate, court battles between relatives and your children being raised by someone you do not favor. Your assets go to whoever a state law says receives the assets, or to the government itself! A Will should be a statement to the things you truly care about: your spouse, your children, your parents, your friends, and your charities.

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

1. People you dislike or people who dislike and ignore you may get your assets.
2. State law determines who gets assets, not you
3. Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees
4. You lose the opportunity to try to reduce Estate Tax, State inheritance taxes and Federal estate taxes
5. A Judge determines who gets custody of children. A greedy brother or crazy mother in law could ask the court for custody.
6. If you have no spouse or close relatives the State may take your property
7. The procedure to distribute assets becomes more complicated
8. It probably will cause fights and lawsuits within your family

When loved ones are grieving and dealing with death, they shouldnít be overwhelmed with Financial concerns. A Will must not only be prepared within the legal requirements of the state Statutes but should also be prepared so it leaves no questions regarding your intentions.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

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Marijuanna Possession Defense 2C- 35-10.mov

DEFENSE TO POSSESSION OF DRUGS/CONTROLLED DANGEROUS SUBSTANCES CHARGE IN MUNICIPAL COURT
By Kenneth A. Vercammen

The defense of a person charged with possession of Controlled Dangerous Substances (CDS) is not impossible. There are a number of viable defenses and arguments, which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of involvement with Controlled Dangerous Substances.
The Municipal Court has jurisdiction to hear the following drug related Controlled Dangerous Substances offenses: NJSA 2C:5 10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish; NJSA 2C:35 10(b), using or being under the influence of CDS; NJSA 2C:35 10(c), failure to deliver cocaine or other CDS to police [County Prosecutors often downgrade possession of small amounts of cocaine to this offense]; NJSA 2C:36 2, possession of drug paraphernalia
At the initial interview the defense attorney must determine what happened, what was told to police and any possible defense witnesses to be interviewed. Defense counsel should completely understand the facts and circumstances of the stop and arrest. Defense counsel should explain to the client the possible penalties which can be imposed.

INTIAL IN-OFFICE INTERVIEW
If convicted, the court must impose a minimum $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. Moreover, the court must suspend the defendant's driver's license for between six months and two years (unless extreme hardship). Fines and jail vary depending on the amount of drugs and whether the case is heard in Superior Court or Municipal Court. In addition, the court can impose probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed. Jail time and fines are explained in greater detail in other articles on http://www.njlaws.com/jail_for_disorderly_conduct.htm.
The retainer fee must be discussed at the initial interview and you should provide a written retainer statement. I require the full retainer to be paid prior to my entering an appearance. Depending on the case, County and prior offenses, fees range between $1,500- $7,000. My standard procedure, once we are retained, is to immediately send a discovery letter/letter of representation to both the Prosecutor and the Administration. We try to stay in close contact with the client.

CONDITIONAL DISCHARGE
For marijuana and small amounts of cocaine, heard in Municipal Court, N.J.S.A. 2C: 36A 1 provides that a person not previously convicted of a drug offense either under Title 2C or Title 24 and who has not previously been granted "supervisory treatment" under 24:21 27, 2C:43 12 or 2C: 36A 1 may apply for a Conditional Discharge. The court upon notice to the prosecutor and subject to 2C: 36A l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). Proof of attendance of such a program is of benefit at sentencing or an application for Conditional Discharge.
Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community. The defendant must be required to pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty, and other fees. The court further has the option to suspend a defendant's driver's license for between six months and two years.
The Conditional Discharge period is typically between 12 months and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before the sentence is imposed. If the CD is granted at this point in the proceeding, the 12 to 24 month license suspension is discretional, new judges over impose a license suspensions.

DISCOVERY
The prosecutor is responsible for providing full discovery. Rules 3:13 3, 7:7-7, State v Polasky, N.J. Super. 549 (Law Div. 1986); State v Tull, 234 N.J. Super. 486 (Law Div. 1989); State v Ford, 240 N.J. Super. 44 (App. Div. 1990). File a Motion to Dismiss for Failure of the State to provide discovery. A timely Motion to Suppress Evidence must be made pursuant to Rule 3:5 7. Do it immediately, do not wait to receive discovery.

OBJECTION TO LAB REPORT

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

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Domestic Violence Defense

DOMESTIC VIOLENCE LAW IN NEW JERSEY

by Kenneth A. Vercammen, Esq.

New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault.
Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence.
Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order. After a hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant.

At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:
(1)An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.
(2)An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.
(3)An order providing for parenting time. The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. For more info, go to www.benotguilty.com and www,njlaws.com.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Shoplifting defense

2C:20-11 b.Shoplifting. Shoplifting shall consist of any d, any merchandise displayed, held, stored or offered for sone or more of the following acts: 
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferreale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof. 
 (2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. 
 (3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.  
(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof. 
 (5 )For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof. 
 (6 )For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart. 

 c.Gradation.
Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.  
 (2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.  

(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.  
(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200. 

 The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.  
More info at http://www.njlaws.com/shoplifting_defense.htm
Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2007-2008 in NJ Monthly in the Criminal - DWI. 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 ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500
NJ LAWS LEGAL WEBSITE: www.njlaws.com
Criminal website www.BeNotGuilty.com

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Inheritance Tax Returns

NJ Inheritance tax & Changes to Inheritance Tax Returns
The NJ Inheritance Tax Return instructions were revised in 2008. The L-9 Resident Decedent Affidavit Requesting Real Property Tax Waiver Form was revised in 2007. Throw out your old forms. Even if no inheritance tax due, a Tax Waiver on a house must be obtained and filed if the house was not co-owned by the spouse.
New Jersey law requires that a copy of the Federal estate tax return be filed with the NJ Inheritance Tax Branch within 30 days after the filing of the original with the Federal government. Also, the Branch must receive a copy of any communication from the Federal government making any final change in the return, or confirming, increasing or reducing the tax shown to be due.
New Jersey has an Estate Tax on amounts over $675,000. So, even if no Federal Estate Tax due, the estate must still file a Federal Estate Tax Return, plus NJ Estate Tax Return.
For representation in Estates and Probate, call Kenneth Vercammen & Associates 732-572-0500
www.CentralJerseyElderLaw.com

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Crawford Hearsay Rule does not apply to Breathalyzer Certification State v Sweet

Crawford Hearsay Rule does not apply to Breathalyzer Certification. State v. Sweet 195 NJ 357 (2008)
The ampoule testing certificates and the breath testing instrument inspection certificates are hearsay statements admissible under the business records exception to the hearsay rule. Those records also are nontestimonial and thus are admissible under the Confrontation.
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

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Irrevocable trusts to avoid Medicaid and nursing home liens

Probate is defined as the procedure by which an Executor proceeds to admit a Will to the jurisdiction of the Surrogate Court, which is proved to be valid or invalid. The term generally includes all matters relating to the administration of estates.
There are instances where Surrogate Court monitoring of the estate is desirable. Much has been written about the disadvantages of probate.

Following are just a few of the problems associated with probate.

Lack Of Privacy

Documents filed with the Surrogate Court are public information. They are available for inspection to anyone who asks. In large estates which require an accounting, your probate file will contain a complete list of all assets devised by your Will including business assets. This lack of privacy may lead to problems among family members who now know the plan of distribution and may then contest any provisions with which they disagree. Disinherited relatives and creditors are notified and given time by the Court to contest the Will distribution.

Time Consuming

The probate of an estate may take several months to several years to complete. During that time family members may have to apply to the Surrogate Court for an allowance.

Fragmentation - Real Estate

If you own real property in more than one state, probate rules must be followed in each state in which real property is located. The cost and time may be increased.
TRUST

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Power of Attorney.mov

What are these powers of attorney?
A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In general, an attorney-in-fact may perform any legal function or task which the principal has a legal right to do for him/herself.

The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.

For more information visit www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Worker's Compensation - Recovery for Injuries on the Job

When the Workers' Compensation Act was passed many years ago it was probably the first true "no fault" law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In cases involving injuries suffered in connection with employment, your lawyer will represent you without payment in advance.
If a worker is injured on the job, the worker has three basic rights:
(1) the right to medical treatment;

(2) the right to receive payment (temporary disability) for lost time; and

(3) the right to receive payment for any after-effects of the injury if the after-effects are found to be permanent (partial permanent disability).

If you are injured, you should immediately report the accident. Make sure an accident report is filled out and write down the names of all witnesses.

For more information visit www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Living Wills

All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment.

WHY LIVING WILLS
Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn.
States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations

For more information visit www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Dog Bites and payment for medical bills and injury

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.

If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides:

"The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness."

For more information visit www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Eye witness statement hearsay in criminal caseState n J.A.

. Statement by eye witness not admissible as emergency investigation. State in the Interest of J.A. ___ NJ ___ (Decided 6-23-08) A-2-07

The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger. The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the admissions of the statements violated J.A.s Sixth Amendment right to confront the witnesses against him.
For more information, go to www.BeNotGuilty.com

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Erase Criminal Arrests Legally! Expungement/Record Sealing

Erase Criminal Arrests Legally! Expungement/Record Sealing .......................

BY KENNETH A. VERCAMMEN, ESQ.
If someone has 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 are 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 is 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.
Thousands of citizens over the past 30 years have been arrested for criminal, disorderly, and municipal ordinance offenses. The courts and police must keep a record of all arrests and convictions, even if 30 years old. These "secrets of the past" could be open to anyone including credit agencies. Under one proposal, for a $15.00 fee, someone could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination or job loss against someone who now is a productive, respected, and law abiding citizen. Many employers often do a criminal background check on new and promoted employees.
Fortunately, if you are a law abiding citizen, you can now have old arrests or most convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances.
www,benotguilty.com
www.njlaws.com
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton.
He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges.

In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested administrative law hearings. He is the Editor of website www.njlaws.com, of to the countrys top legal websites providing information on Personal Injury, Criminal, Traffic, Wills, Probate & Estate Law
Kenneth Vercammen was the 2008 Municipal Court Attorney of the Year.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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If Arrested for Drug Offense/ Drug arrests

If Arrested for Drug Offense
Kenneth Vercammen has defended individuals charged with drug offenses in both Superior Court and Municipal Court. The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:

NJSA 2C:5-10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish;

NJSA 2C:35-10(b), using or being under the influence of CDS;

NJSA 2C:35-10(c), failure to deliver CDS to police;

NJSA 2C:36-2, possession of drug paraphernalia

Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.

Moreover, the court must suspend the defendant's driver's license for a time period between six months and two years. In addition, probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed.

If you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.
Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.
2053 Woodbridge Ave.
Edison, NJ 08817

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If You Die and Have No Will

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 shouldnt be overwhelmed with Financial concerns.

Who dont you want to receive your assets?

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 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.

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH KENNETH VERCAMMENS LAW OFFICE OFTEN INCLUDES IN A WILL

1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE

Kenneth A. Vercammen is an Edison, Middlesex County, NJ trial attorney who has published125 articles in national and New Jersey publications on business and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
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 served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 12 years.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings. He serves as the Editor of the popular legal website www.njlaws.com
KENNETH VERCAMMEN & ASSOCIATES
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

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New Will or Codicil and making change to prior Will

The codicil must be signed and witnessed just as the original will was signed and witnessed. The codicil should refer to original will by date and should be attached to the original will. It is not recommended that an individual attempt to draft a codicil. A codicil should only be drafted
by an attorney to insure that it will have its intended effect. If there are numerous changes to the will, it is a good idea to have a new will drawn up and executed.
More information at www.CentralJerseyElderLaw.com.
Kenneth A. Vercammen is an Edison, Middlesex County, NJ trial attorney who has published125 articles in national and New Jersey publications on business and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
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 served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 12 years.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings. He serves as the Editor of the popular legal website www.njlaws.com

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com

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Preparing Last Will & Testament

WILLS AND ESTATE PLANNING
"SAVE MONEY AND PROVIDE FOR YOUR LOVED ONES "
By Kenneth A. Vercammen, Esq. (c) 2020

As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In spite of all the resources and assets we earn, the vast majority of us do not take the time to create a Will.

National statistics indicate that 80% of Americans die without leaving a will. There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich need to have wills). Whatever the excuse, it is clear that people would benefit from having a will.

In the absence of a will or other legal arrangement to distribute property at death, the state must step in to administer the estate. The result can be lengthy delays before the rightful heirs receive their property. And because the state has no instructions from the deceased, no charitable gifts will be made.

KENNETH VERCAMMEN
Attorney at Law
Legal Resume
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500

www.centraljerseyelderlaw.com

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Right to Remain Silent upon arrest or police questioning- Miranda Rights 2018

Advice on Arrest for a Criminal Violation

1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely," I would rather not discuss it".
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer.
Remember: Even a fish would not get caught if they kept their mouth closed.
OJ remained silent and is playing golf today.
Call the Kenneth Vercammen Law Office. 800- NJLAWS 7 or visit our website
BeNotGuilty.com. We are in Edison, NJ 732-572-0500

Right to Remain Silent upon arrest or police questioning- Miranda Rights
The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) aff'd per curiam 224 NJ Super. 90 (App. Div. 1988).

WHAT IS INTERROGATION?
As set forth in NJ Practice , Vol. 32 Criminal Practice and Procedure (West 1998) Section 755, the United States Supreme Court in Rhode Island V Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) held that the term "interrogation" under Miranda refers not only to express questioning but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
It is "an established principle of our federalist system" that states may afford "individual liberties more expansive than those afforded by the federal constitution." State v Novembrino 105 NJ 95, 144-145 (1987).

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500. www.njlaws.com

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What to Do if in an Accident...

WHAT TO DO IN A CAR ACCIDENT- At The Accident Scene

1. Stop . . . do not leave the scene of the accident
CALL THE POLICE, tell them where the accident occurred and ask for medical help if needed.
2. Get names, addresses, and license numbers of all drivers involved.
3. Get description and registration number and insurance information of all cars involved.
License Plate Number __

4. Get names and addresses of all witnesses (other than passengers)
Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of the their automobiles.

5. Accident Information - Write down while waiting for Police
Date __ Time __
Location __
No. of vehicles involved __
Weather __
Road conditions __
Damage __
Speed of the other car __

6. Summary of accident __

7. Diagram of accident

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

9. Write down name of Police Officers, Department and Badge Number

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

11. Seek hospital/ medical attention.

12. Call your insurance company to report the accident.

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

14. Never give a signed statement to the claims adjuster representing the other driver's insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with a personal injury attorney first.
Kenneth Vercammen was included in the 2011 "Super Lawyers" list published by Thomson Reutersy in the Criminal - DWI category. 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 ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

NJ LAWS LEGAL WEBSITE: www.njlaws.com
Criminal website www.BeNotGuilty.com

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Biography Submit listing

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Ken Vercammen is part of the first attorneys to pass the test to become a “Certified Municipal Court Law Attorney” by the NJ Supreme Court.

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Widener University Delaware School of Law

University of Scranton

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