Terroristic Threat Defense

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

More info at http://www.njlaws.com/2C-12-3.html

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



KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

Terroristic Threat Defense

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

More info at http://www.njlaws.com/2C-12-3.html

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



KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

Pre Trial Intervention for First time criminal offenders

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.

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.







KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

DWI in NJ and trying to reduce license suspension from 7 months to three...

The Supreme Court of New Jersey directed that breath testing take place after a period of 20 minutes of observation. This was the same 20-minute period that the Alcotest device was designed to lock out to prevent the possibility of contamination of breath test sample with mouth alcohol.

 In the transcript from the state's summation, represented in State v. Chun, Supreme Court of New Jersey, Docket No. 58, 879. The Deputy Attorney General  represents to the court that the State feels that a  20 minutes observation is one of the most important safeguards for the Alcotest 7110 MKIII-C. The State has the obligation to prove every element of this case by proof beyond a reasonable doubt.

 More specifically with regard to breath testing, the Supreme Court of our State in Romano v. Kimmelman, 96 N.J. 66 (1984) has directed that the State be required to establish proper operation of the breath test device by clear and convincing evidence. Consequently, the breath test results should not be allowed into evidence to establish a per se violation unless the state proves a 20 minute continuous observation.

    If the Alcotest results are thrown out, the defendant can plead to a dwi with only a three-month suspension and no interlock.

   The defense attorney can also file a motion for additional alcotest discovery, such as:

Opra- foundational documents and alcotest



Regarding Alcotest machine ARWD-0107

 (1) Calibrating Unit, New Standard Solution Report, most recent change, and the operator’s [109] credentials of the officer who performed that change;

 (2) Certificate of Analysis 0.10 Percent Solution used in New Solution Report;

(3) Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator;

 (4) Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe;

(5) Draeger Safety Certificate of Accuracy Alcotest 7110 Instrument (unless more relevant NJ Calibration Records  (including both Parts I and II are offered));

 (6) Calibration Check (including both control tests and linearity tests and the credentials of the operator/coordinator who performed the tests);

(7) Certificate of Analysis 0.10 Percent Solution (used in Calibration-Control);

(8) Certificate of Analysis 0.04, 0.08, and 0.16 Percent Solution (used in Calibration-Linearity)

(9) Calibrating Unit, New Standard Solution Report, following Calibration;

(10) Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator for the three simulators used in the 0.04, 0.08, and 0.16 percent solutions when conducting the Calibration-Linearity tests; (11) Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe used in the Calibration tests; and

12 (12) Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability.

13 Operator manual and instruction manual for Alcotest® machine ARWD-0107

14 Verification of the date in which this Alcotest® machine ARWD-0107 was first placed into service.

15 Date of fuel cell (EC) replacement, if any.

16 Complete service and repair record from the Department and Dräger for this Alcotest® instrument  

17 Service, Repair and replacement records for Alcotest machine ARWD-0107

18



   

1.  All alcohol influence report test data for air blank, simulator, subject, linearity, and any and all other tests conducted by the National Draeger Alcotest Model 7110 MKIII-C ["7110"] relevant to __ breath tests both printed and/or stored in the instruments random access memory and/or downloaded to read only memory.



2.  Any breath testing logs maintained by the station or department in connection with the 7110 used to test __ breath.



3.  State and manufacturer's assay, analysis, quality assurance, or similar documents and documents on each and every analysis, standard, and control run in the series of runs involving analysis of the following simulator solutions, including chemist's notes, gas chromatograph ("GC"] printouts, GC service records (if any), quality control manual, and testing procedures and custody documents for the simulator solutions:

(i) 0.040 simulator solution let used in 7110 Linearity Tests with the model CU-34 simulator used in control and calibration checks of the 7110 both before and after __ breath tests

(ii) 0.080 simulator solution lot used in 7110 Linearity Tests with the model CU-34 simulator used in control and calibration checks of the 7110 both before and after __ breath tests

(iii) 0.160 simulator solution lot used in 7110- Linearity Tests with the model CU-34 simulator used in control and calibration checks of the 7110 both before and after __ breath tests

(iv) 0.100 simulator solution lot used in breath tests with the model CU-34 simulator used in __ breath tests







KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

Sale of a House in a Probate Estate by the Executor

Sample Addendums to standard Real Estate Contracts to protect sellers

1.   Written Application for Mortgage  Buyer(s) must make complete written application for a mortgage within three (3) days of the date of the contract. Buyer(s) must provide all documents requested by its mortgage company and perform all acts requested by its mortgage company.

                 

2. Termite Treatment  If the Buyer(s) elect(s) to have a termite/vermin inspection, Buyer(s) must use an inspector who has a license with the State of New Jersey to treat termite conditions. The Seller(s) shall not be required to expend more than $500 to treat or repair termite or vermin condition and/or termite or other vermin damage.



3.  Termite and Home Inspections  The Buyer(s) must have delivered to the Seller's(s') attorney and seller's realtor the Termite Report and Home Inspection/Structural/Engineering Report within fourteen (14) days of the date of the initial contract, or these contingencies shall be deemed waived. Seller is not required to make any repairs. If Seller is not willing to voluntarily make repairs to damage which exceeds $500 or does not response within 7 days, Buyer has only 7 days from date of mailing of home inspection report to Seller to notify Sellers attorney and Seller's realtor in writing that it wishes to cancel the contract under the home inspection clause. If Buyer does not cancel within this time period, the termite and Home inspection clause is waived.



4. As is  The Buyer(s) and Seller(s) acknowledge that the property is "as is." The Seller(s) does/do not make any claims or promises about the condition or value of the property included in this sale. The Buyer(s) has inspected the property and will also rely on any rights to inspection, which may be provided for in the contract. No representations shall survive closing.



5. Mortgage contingency  A mortgage commitment obtained by the Buyer(s) shall be considered to be firm and unconditional even though it contains a condition requiring the Sale of Buyer's(s') home prior to mortgage closing or other conditions. The Buyer(s) hereby waives any condition as an inducement to Seller's(s') to enter this contract.  If the Buyer does not obtain a written mortgage commitment by the date established in the Contract, the Buyer has 7 days to cancel the contract or the mortgage contingency is deemed waived. The parties may agree to extend the mortgage contingency at the option of the Seller. A copy of the mortgage contingency shall be delivered to the Seller's(s') attorney and seller's realtor.



6.  Damage by casualty  If the premises are damaged by fire or other casualty, the Seller shall have the option to repair the damages.  In the event the Seller elects not to repair the damage, the Buyer shall have the right to cancel the Contract.



7. Real estate commission  The real estate commission shall not be deemed to have been earned until title is transferred and the purchase price paid, the passage of title and payment of the purchase price in accordance with the Contract being a condition  precedent to any obligation to pay any commission.



8.   Closing   The Closing shall take place in Middlesex County or the county where the property is located. Seller shall not be required to pay more than $25.00 for the mortgage release and not more than $20.00 for Federal Express or other delivery/ mailing services.



9. Lead paint Buyer should obtain from the real estate agent the lead-based paint information format.  Seller has no personal knowledge regarding lead paint.  If lead paint exists, seller is not required to repair, fix or reduce purchase price.



10.   Cancel notice by mail   All notices to amend or cancel contract shall be sent by mail or hand delivery. Fax notices is not effective notice.



11. Addendum controls over Contract  The terms of this Contract Addendum shall control over terms of the contract.

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







KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

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

Preparation of a Will in NJ

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

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 cannot be reduced

*  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 usually cause fights and sometimes 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. Don’t try to do Estate Planning with a cheap form found online.



 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





KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

Leaving the Scene of Accident ticket

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

http://www.njlaws.com/leaving_the_scene.html

    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.



   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.



   (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.







KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Avenue, Edison NJ 08817

732-572-0500

Speeding Ticket Defense

It is no defense to argue unlawful arrest, selective enforcement, custom and usage, non-ownership of car driven, ignorance or mistake of law, lack of precise speed proved, defective speedometer or cruise control. More info at http://www.njlaws.com/speeding_and_radar.htm
Proper preparation and failure to provide discovery may help keep your client’s driver’s license.
Proper preparation may help keep your client’s driver’s license
By Kenneth A. Vercammen
  While plea bargains now are the norm, occasionally a client may need to win a speeding ticket trial to avoid loss of job or license. Some companies could have a policy that discharges an employee who receives a moving violation while on the job. Remember, even no point tickets such as unsafe driving are still moving violations. If someone is on probation with Motor vehicles, even a downgrade to an unsafe driving  “no point ticket” is still a moving violation would probably would result in a MVC suspension. ( please rewrite this sentence). A prosecutor or judge may threaten a license suspension if found guilty. Therefore, sometimes we need to go to court to win the trial of a speeding ticket, or negotiate for an outright dismissal.
 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.
 Defense counsel should make a written demand for discovery, and follow up with a motion to dismiss for failure to provide discovery. If no discovery provided and the trooper fails to show up, the state may not object to a motion to dismiss.


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