US Supreme Court requires warrant before taking of blood in DWI Missouri v McNeely

US Supreme Court requires warrant before taking of blood in DWI Missouri v McNeely 133 S. Ct. 1552 (2013)

Respondent McNeely was stopped by a Missouri police officer for speeding and crossing the centerline. After declining to take a breath test to measure his blood alcohol concentration (BAC), he was arrested and taken to a nearby hospital for blood testing. The officer never attempted to secure a search warrant. McNeely refused to consent to the blood test, but the officer directed a lab technician to take a sample. McNeely's BAC tested well above the legal limit, and he was charged with driving while intoxicated (DWI). He moved to suppress the blood test result, arguing that taking his blood without a warrant violated his Fourth Amendment rights. The trial court agreed, concluding that the exigency exception to the warrant requirement did not apply because, apart from the fact that McNeely's blood alcohol was dissipating, no circumstances suggested that the officer faced an emergency. The State Supreme Court affirmed, relying on Schmerber v. California, 384 U. S. 757, in which this Court upheld a DWI suspect's warrantless blood test where the officer "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened 'the destruction of evidence,' " id., at 770. This case, the state court found, involved a routine DWI investigation where no factors other than the natural dissipation of blood alcohol suggested that there was an emergency, and, thus, the nonconsensual warrantless test violated McNeely's right to be free from unreasonable searches of his person.

Held: The judgment is affirmed.  

Justice Sotomayor delivered the opinion of the Court with respect to Parts I, II--A, II--B, and IV, concluding that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.  

(a) The principle that a warrantless search of the person is reasonable only if it falls within a recognized exception, see, e.g., United States v. Robinson, 414 U. S. 218, applies here, where the search involved a compelled physical intrusion beneath McNeely's skin and into his veins to obtain a blood sample to use as evidence in a criminal investigation. One recognized exception "applies when ' "the exigencies of the situation" make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable.' " Kentucky v. King, 563 U. S.. This Court looks to the totality of circumstances in determining whether an exigency exits. See Brigham City v. Stuart, 547 U. S. 398. Applying this approach in Schmerber, the Court found a warrantless blood test reasonable after considering all of the facts and circumstances of that case and carefully basing its holding on those specific facts, including that alcohol levels decline after drinking stops and that testing was delayed while officers transported the injured suspect to the hospital and investigated the accident scene.  

(b) The State nonetheless seeks a per se rule, contending that exigent circumstances necessarily exist when an officer has probable cause to believe a person has been driving under the influence of alcohol because BAC evidence is inherently evanescent. Though a person's blood alcohol level declines until the alcohol is eliminated, it does not follow that the Court should depart from careful case-by-case assessment of exigency. When officers in drunk-driving investigations can reasonably obtain a warrant before having a blood sample drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so. See McDonald v. United States, 335 U. S. 451. Circumstances may make obtaining a warrant impractical such that the alcohol's dissipation will support an exigency, but that is a reason to decide each case on its facts, as in Schmerber, not to accept the "considerable overgeneralization" that a per se rule would reflect, Richards v. Wisconsin, 520 U. S. 385. Blood testing is different in critical respects from other destruction-of-evidence cases.

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.

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

Opinion 7-11 Municipal Court Judge must recuse where there is an appearance of impartiality

Municipal Court Judge must recuse where there is an appearance of impartiality, not just actual conflict

   Judge can't hear police cases in town where his son is a cop.

  In the Matter of ADVISORY LETTER NO. 7--11 OF the SUPREME COURT ADVISORY COMMITTEE ON EXTRAJUDICIAL ACTIVITIES 213 NJ 63 (2013) 

    Disqualification is mandated if a "judge's impartiality might reasonably be questioned," Canon 3(C)(1), or if there is a basis "which might reasonably lead counsel or the parties to believe" that the judge is unable to render a "fair and unbiased ... judgment," R. 1:12--1(g). Thus, judges must " 'refrain ... from sitting in any causes where their objectivity and impartiality may fairly be brought into question.' " DeNike, supra, 196 N.J. at 514, 958 A.2d 446 (quoting Deutsch, supra, 34 N.J. at 206, 168 A.2d 12). Those principles have been distilled to a simple question: "Would a reasonable, fully informed person have doubts about the judge's impartiality?" Id. at 517, 168 A.2d 12."

 The opinion concludes:

 "Judges must comply with extremely high standards of conduct, on and off the bench. To be sure, meeting those standards imposes considerable personal and professional burdens on members of the judiciary—burdens that may require significant sacrifices by judges and their families. Those standards are for the benefit of the public whom we, as judges, serve in administering our system of justice. By requiring disqualification whenever a fully informed person might reasonably question the impartiality of a judge, we guarantee that the judicial process will retain its high, preferred place in our democracy.

Opinion 7 11

New NJ law establishes a Conditional Dismissal for 1st time offenders in Municipal Court.

New law finally establishes a Conditional Dismissal for 1st time offenders 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 Dismissal program in Municipal Court for certain first-time offenders. The law took affect in January 2014. However, the law requires a defendant to plead guilty as a part of the program.

"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

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.

      If a defendant who is participating in conditional dismissal is convicted of any offense or crime under any law of the United States, this State or any other state, or otherwise fails to comply with the terms and conditions imposed by the court, the court can enter a judgment of conviction and impose a fine, penalty, or other assessment in accordance with the defendant's prior plea of guilty or prior finding of guilt.

      If, at the end of the term, the defendant has not been convicted of any subsequent offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.

Top New Court Rules 2013 Rule 7:7-7 (i) Discovery Fees limited to OPRA rates

Top New Court Rules 2013

Rule 7:7-7 (i) Discovery Fees limited to OPRA rates

  (1) Standard Fees. The fee assessed for discovery embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger. From time to time, as necessary, these rates may be revised pursuant to a schedule promulgated by the Administrative Director of the Courts. If the prosecutor can demonstrate that the actual costs for copying discovery exceed the foregoing rates, the prosecutor shall be permitted to charge a reasonable amount equal to the actual costs of copying. The actual copying costs shall be the costs of materials and supplies used to copy the discovery, but shall not include the costs of labor or other overhead expenses associated with making the copies, except as provided for in paragraph (i)(2) of this rule. Electronic records and non-printed materials shall be provided free of charge, but the prosecutor may charge for the actual costs of any needed supplies such as computer discs.

Rule 7:7-7 g ........ If any discoverable materials known to a party have not been supplied, the party obligated with providing that discovery shall also provide the opposing party with a listing of the materials that are missing and explain why they have not been supplied. ......

Rule 7:7-7 (h) Motions for Discovery. No motion for discovery shall be made unless the prosecutor and defendant have conferred and attempted to reach agreement on any discovery issues, including any issues pertaining to discovery provided through the use of CD, DVD, e-mail, internet or other electronic means.

DJB case Juvenile adjudication does not bar adult expungement. 216 NJ 433 (2014)

Juvenile adjudication does not bar adult expungement. In the Matter of the Expungement Application of D.J.B. __ NJ __ (2014)

         Based on its language and legislative history, N.J.S.A. 2C: 52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a "crime" that would bar a later attempt to expunge an adult conviction under N.J.S.A. 2C:52-2.

2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crime.

2C:40-26  Operating motor vehicle during period of license suspension, fourth degree crime.

1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense.  A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

b.It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).  A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

c.Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.

Kenneth Vercammen's Law Office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Administration of Estate where no Will

ADMINISTRATOR OF A DECEDENT'S ESTATE WHERE THERE IS NO WILL- DUTIES AND RESPONSIBILITIES
 Compiled by Kenneth A. Vercammen, Esq.
 When a person dies without having a Will that is called intestate.
The administration must be opened in the County where the decedent resided at his/her death.
The person who is seeking to qualify as Administrator must bring into the Surrogate's office a certified copy of the death certificate, a complete list of names and addresses of all immediate next of kin of the decedent, and an exact amount of every asset in the decedent's name alone. Your right to act as an Administrator is defined by law in the following relationship order:
FIRST - Spouse of the decedent
SECOND - Children of the decedent
THIRD - Parents of the decedent
FOURTH - Brothers and sisters of the decedent
FIFTH - Children of a deceased brother or sister
Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act.
http://www.co.gloucester.nj.us/depts/s/surrogate/services/admaffidavits.asp

Who has the right to be appointed when an individual dies without a Will? The next of kin of the decedent have the right to be appointed.  This is determined by statute. The surviving spouse or domestic partner has the first right. Children of the decedent are next. However, any heir may be appointed assuming they obtain the appropriate renunciations from any other heir who has an equal or prior right to be appointed.
If all the children agree that one person shall serve as Administrator, the Attorney will prepare Renunciations for the other children to sign. However, if some of the children will not sign, you will need to have your attorney file and Complaint and Order to Show Cause to have you appointed as the Administrator.

What to Do if Arrested- Special Report Top 10

What to Do if Arrested- Special Report  Top 10

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. Hire an experienced criminal lawyer. Don't hire an ambulance chaser r that mails you a solicitation letter advising they handle cases cheap, then sends a young attorney with no trial experience to handle the case. Remember, good things ain't cheap, and cheap things ain't good. [Zig Ziglar]

5. Borrow money from relatives and friends. You made need more money if bail is increased and to hire a good attorney  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 or show up the wrong day or time.

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

39:4-97. Careless driving in NJ carries points

39:4-97.     Careless driving  

 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.  

  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

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

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.

EVICTION LEGAL SERVICES - Eviction -Flat Fee

EVICTION LEGAL SERVICES - Eviction -Flat Fee

more info at http://njbusinesslaw.blogspot.com/2014/01/eviction-legal-services-flat-fee-1500.html

     Consultation  $200

         Representation/ What We will do for you.  The legal work includes research, correspondence, preparation and drafting of pleadings and 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.  The Law Firm will provide legal representation through an attorney who is licensed to practice law in New Jersey.

             We agree to provide conscientious, competent and diligent services on the issues you provided us at the initial consultation.  At all times we will seek to achieve solutions, which are just and reasonable for you. We include:

1.      Telephone call with client;

2.      Office consultation with client if requested

3.      Offer sound legal advice to client, plus access to our legal info website www.njlaws.com

4.      Preparation of statement to provide legal services;

5.      Opening of file and client may have free client case folder, brochures;

- Email Client Eviction Questionnaire/ form Complaint

-Prepare TENANCY SUMMONS AND RETURN OF SERVICE (R. 6:2-1)

-Assist client to complete Certification by Landlord  

-Fill out Certification by Landlord's Attorney (Appendix XI-U)

-Prepare filing letter to Court

-Appearance in Superior Court if needed

       If tenant refuses to vacate after hearing, will advise client on how to file for the Warrant for Removal with the constable, but will not prepare or file the actual paperwork unless retained/ paid additional fees after the court appearance

6.      Review of necessary statutes and case law;

7.      Review any miscellaneous correspondence from tenant or landlord

8.      Review documents supplied by client and court;

9.      Preparation of End of Case Letter and client questionnaire;

10.    Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury;

11.    Free subscription to monthly e-mail newsletter. Provide your email address;

12.    Follow up telephone advice. If you call, provide the specific questions with the message. Your Attorney on Retainer for the next year;

13.    Invitation to client socials/ seminars and Community events via email;

14.    Hold and maintain file for seven years in storage as free client service;

15.    Free T-shirt, travel coffee mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office.

        

         2.  Legal Fees.  The Law Firm cannot predict or guarantee what your final bill will be.  This will depend on the time spent on your case and the amount of other expenses.

         A.  Fee for Flat fee services:  The Law Firm will work on your case upon receipt of a fee in the amount of $1,500

         3. Different / Other Legal Services.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement.  Without such agreements, the Law Firm is not required to do any of the following:

     (a) Provide legal service not involving the dispute set forth in paragraph 1;

     (b) Provide any legal services after the judgment of the trial court;

     (c) Enforce any judgment or order of the trial court or Appeal;

     (d)  Represent you in any other court or Tribunal.

         [We suggest a card number to be used as security if you request services outside the flat fee.] You permit bills to be submitted to you credit card company.

Credit card number: _______________________

Credit card company: ______________________  exp ___

        

         4.  Costs And Experts.  In addition to legal fees, you must also pay the following costs and expenses; experts' fees, court costs, investigators' fees, deposition costs, messenger services, parking, telephone toll calls, and photocopying, and any other necessary expenses in this matter.  The Law Firm may recommend that experts be retained directly by you. You would then be solely responsible to pay the experts.  The experts usually require they be paid up front. Costs and expenses are not included in the flat fee for legal services.

       5.  Bills.    All other bills for costs and legal expenses are due upon receipt.  In the event any bills are not paid within ten (10 days), the Law Firm shall have the right to withdraw from representing you.  Our minimum billing unit is 1/4 hour. This practice is necessary to adequately compensate for time expended in addition to brief contacts (such as telephone calls), which includes reviewing documents and preparing notes, and the mandatory file memoranda resulting from such brief contacts.

Guardianship Legal Services To Be Provided/Retainer FEE $2,500

Guardianship Legal Services To Be Provided/Retainer

 FEE  $2,500 

1.  Legal Services To Be Provided.  You agree that the Law Firm will represent you in connection with proposed Guardianship.  

1. Office interview with client, office consult fee is $150.00, which is included in the Complaint preparation fee.  

2. Review Guardianship Questionnaire filled out by client. 

3. Obtain information such as name, address and telephone number.  

4. Obtain information regarding value of real estate, life insurance and other assets. 

5. Obtain information regarding estate and  beneficiaries. 

6. Obtain information regarding names of family members. 

7. Discuss possible individuals to serve as Guardian. 

8. Discuss Court procedures, answer legal questions.    

9 Office conference, attend to signing of Complaint, Answer Questions and explain provisions.

10 Obtain client's email address to send updates. 

11 Attend Hearing

12. Preparation of end of case letter to client after guardianship granted

 The legal work includes research, correspondence, preparation and drafting of pleadings and 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. Please read our website article to help you understand how guardianships are handled

http://www.njlaws.com/guardianship_of_disabled_adults.html?id=460&a=

Documents we will prepare:   

1. 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

13. Prepare NOTICE to incapacitated person

14. Prepare and file CERTIFICATION OF SERVICE on incapacitated person

15. Prepare co to surrogate with NOTICE to incapacitated person of Complaint and Certification of Service

16. Prepare co to guardian with hearing notice

17. review attorney Guardian report

18. Prepare Guardianship Judgment

NJ Inheritance Tax

NJ Inheritance Tax
    The Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class "A" - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or children of the decedent, issue of any child or legally adopted child of the decedent and step-child of the decedent.
Class "B" - Eliminated by statute effective July 1, 1963.
Class "C" - Brother or sister of the decedent, including half brother and half sister, wife or widow of a son of the decedent, or husband or widower of a daughter of the decedent.
Class "D" - Every other transferee, distributee or beneficiary who is not included in Classes "A", "C" or "E".

Class "E" - The State of New Jersey or any political subdivision thereof, or any educational institution, church, hospital, orphan asylum, public library or Bible and tract society or to, for the use of or in trust for religious, charitable, benevolent, scientific, literary or educational purposes, including any institution instructing the blind in the use of dogs as guides, no part of the net earnings of which inures to the benefit of any private stockholder or other individual or corporation; provided, that the exemption does not extend to transfers of property to such educational institutions and organizations of other states, the District of Columbia, territories and foreign countries which do not grant an equal, and like
exemption on transfers of property for the benefit of such institutions and organizations of this State.

NOTES: If any beneficiary is claimed to be the mutually acknowledged child of the decedent, said claim should be set forth in the detailed manner prescribed under N.J.A.C. 18:26-2.6. For the purposes of the New Jersey Transfer Inheritance Tax an adopted child is accorded the same status as a natural child and, therefore, his relations are treated in the same manner as those of a natural child. (i.e. if the decedent's adopted son marries, his spouse is "the wife of a son of the decedent" and therefore a class "C"
beneficiary).

     A devise of real property to a husband and wife as "tenants by the entirety" provides each with a vested life estate, the remainder being contingent. See N.J.A.C. 18:26-8.12. The issue of stepchildren ARE Class "D" (NOT Class "A") beneficiaries.

     The following ARE Class "D" (NOT Class "C") beneficiaries: stepbrother or stepsister of the decedent, wife or widow of a stepchild of the decedent, husband or widower of a step-child of the decedent, wife or widow of a mutually acknowledged child of the decedent, and husband or widower of a mutually acknowledged child of the decedent. The fact that a beneficiary may be considered "nonprofit" by the Internal Revenue Service does not necessarily mean that it qualifies for exemption as a Class "E" beneficiary since the criteria are different.

TAX RATES
 Each class of beneficiary has its own separate tax rate.

EXEMPTIONS
1. The transfer of real and personal property in this State held by a husband and wife as "tenants by the entirety" to the surviving spouse is not taxable for New Jersey Inheritance Tax purposes.
2. The transfer of intangible personal property such as stocks, bonds, corporate securities, bank deposits and mortgages owned by a nonresident decedent is not subject to the New Jersey Inheritance Tax.
3. Any sum recovered under the New Jersey Death Act as compensation for wrongful death of a decedent is not subject to the New Jersey Inheritance Tax except as provided below:
a. Any sum recovered under the New Jersey Death Act representing damages sustained by a decedent between the date of injury and date of death, such as the expenses of care, nursing, medical attendance, hospital and other charges incident to the injury, including loss of earnings and pain and suffering are to be included in the decedent's estate.
........ more info at http://njprobate.blogspot.com/2014/01/nj-inheritance-tax.html
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)    732-572-0030

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

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

2014 update Wills and Estate Planning Seminar

see http://www.njlaws.com/probateupdate.htm
.  Federal Estate Tax exemption is now permanently increased so no tax for Estates under $5,340,000, and will be adjusted annually for inflation. However, New Jersey taxes estates over $675,000.
Federal Exemption Amount for Non-Citizen Spouses is $145K up from $143K.
  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

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

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

Will Signing Instructions Power of Attorney, Living Will and Notary duties          
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

Estate Planning interview in NJ

"CONFIDENTIAL WILL QUESTIONNAIRE"  by KENNETH VERCAMMEN & ASSOCIATES, complete details at http://www.njlaws.com/will_Questionnaire.html
ATTORNEY AT LAW
2053 Woodbridge Ave
Edison, NJ  08817
(Phone) 732-572-0500
(Fax) 732-572-0030
 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" or none.
PLEASE PRINT CLEARLY
1.  Your Full Name: _____________________________________________

2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's 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: ___________________________________________
 If referred by a person, is this a client or attorney?  If you heard about the law office on the internet, which search engine?  What search terms did you use?

7. Today's Date ____________________

       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 ________
Confidential Will Q                Rev 3/24/14
How can we help you? What are your questions/other important information?

_______________________________________________________________________

_______________________________________________________________________
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney]
8. Your Marital Status: [  ] Single   [  ]  Married  [  ]  Separated    [  ] Divorced [  ]  Widowed
     [  ] Domestic Partner

9.  Your Day/Month  of birth:  ___________________
    

10.  Spouse Day/Month of birth:  _________________
                          
11. 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 in Power of Attorney:

Name: _________________________  ______________________________
            First                                              Last

Relationship: _______________ Address: ________________________

2. SECOND Choice of Executor/Personal Representative in Power of Attorney:
 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.

Name: _________________________  ______________________________
            First                                              Last

Relationship: _______________  Address: _____________________________
   The two proposed Executors must be filled out prior to meeting the attorney.