Simple Assault definition and law

SIMPLE ASSAULT (Bodily Injury)(Lesser Included Offense)

(N.J.S.A.  2C:12-1a(1))

    In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law at the beginning of their case and prior to a trial.

         The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment. Just because the Court is instructing you concerning these offenses does not mean that the Court has any opinion one way or another about whether the defendant committed these, or any, offenses. You should consider these offenses along with those for which the defendant is indicted. However, you are not to render a verdict on these offenses or answer the questions on the verdict sheet unless you find that the State has failed to meet its burden with regard to the offense(s) in the indictment.

Simple assault is a lesser-included offense to count ______ of this indictment. The statute which defines simple assault provides that:

A person commits a simple assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another.

       In order for you to convict the defendant of this offense, the State must prove the following elements beyond a reasonable doubt:

(CHARGE AS APPROPRIATE)

OPTION ONE (Causing Bodily Injury)

1.    That the defendant did cause bodily injury to NAME OF VICTIM; and 

2.    That the defendant acted purposely or knowingly or recklessly in causing bodily injury to NAME OF VICTIM(or another).[1]

The first element that the State must prove beyond a reasonable doubt is the defendant caused bodily injury to another.

Bodily injury is defined as physical pain, illness or any impairment of the physical condition.[2]

The second element that the State must prove beyond a reasonable doubt is the defendant acted purposely or knowingly or recklessly in causing bodily injury to NAME OF VICTIMor (Another).

A person acts purposely with respect to causing bodily injury to another if it is a person's conscious object to cause bodily injury to another.A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/shedoes. 

A person acts knowingly with respect to causing bodily injury if a person is aware that his/herconduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/herconduct if a person is aware that it is practically certain that his/herconduct will cause bodily injury. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/shecomprehends his/heracts.

A person acts recklessly with respect to causing bodily injury when a person consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his/herconduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to the actor its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. One is said to act recklessly if one acts with recklessness, with scorn for the consequences, heedlessly, foolhardily. 

The nature of the purpose or knowledge or recklessness with which the defendant acted toward the victim of the assaultis a question of fact for you the jury to decide. Purpose and knowledge and recklessness are conditions of the mind which cannot be seen and can only be determined by inferences from conduct, words or acts. It is not necessary for the State to produce a witness or witnesses who could testify that the defendant stated, for example, that his/herpurpose was to cause bodily injury.It is within your power to find that proof of purpose or knowledge or recklessness has been furnished beyond a reasonable doubt by inferences which may arise from the nature of the acts and the surrounding circumstances.[3]

If you find that the State has proved each element of the offense beyond a reasonable doubt, then you must find the defendant guilty. If, however, you find that the State has failed to prove any element of the offense beyond a reasonable doubt, then you must find the defendant not guilty.

OPTION TWO (ATTEMPT TO CAUSE BODILY INJURY):

1.      That the defendant attempted to cause bodily injury to NAME OF VICTIM(or another); and

2.      That the defendant acted purposely.

The first element that the State must prove beyond a reasonable doubt is the defendant attempted to cause bodily injury to another. 

Bodily injury is defined as physical pain, illness or any impairment of the physical condition. 

The second element the state must prove beyond a reasonable doubt is the defendant purposely attempted to cause bodily injury to NAME OF VICTIM(or another).

A person acts purposely with respect to causing bodily injury if it is a person's conscious object to cause bodily injury. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/shedoes. 

The law provides that a person attempts to commit the crime of simple assault if, acting purposefully, he: 

(select appropriate section)

1.      Engaged in conduct that would constitute the offense if the attendant circumstances were as a reasonable person would believe them to be; 

(or)

2.      Did (or omitted to do) anything with the purpose of causing bodily injury to another without further conduct on hispart. This means that the defendant(s) did something designed to cause bodily injury without having to take any further action. 

(or)

3.      Did (or omitted to do) anything that, under the circumstances as a reasonable person would believe them to be, was an act (or omission) constituting a substantial step in a course of conduct planned to culminate in hiscommission of the crime. 

The step taken must be one that is strongly corroborative of the defendant’s criminal purpose. The accused must be shown to have had a firmness of criminal purpose in light of the step(s) he/shehad already taken. These preparatory steps must be substantial and not just very remote preparatory acts.[4]

         If you find that the State has proved each element of the offense beyond a reasonable doubt, then you must find the defendant guilty. If, however, you find that the State has failed to prove any element of the offense beyond a reasonable doubt, then you must find the defendant not guilty.[5]

---

[1]     A person can violate the provisions of the statute under a theory of transferred intent. SeeN.J.S.A. 2C:2-3(d).

[2]          N.J.S.A. 2C:11-1(a).

[3]    If causation is an issue, the jury should be instructed on causation. SeeN.J.S.A.2C:2-3a(1) et. seq.

[4]          If renunciation of criminal purpose is alleged, see N.J.S.A.2C:5-1(d), that portion of the Model Jury Charge on Attempt regarding renunciation should also be charged.

[5]          Simple Assault is a disorderly persons offense. It is a petty disorderly persons offense if the assault was committed in a fight or in a scuffle entered into by mutual consent. SeeN.J.S.A.2C:12-1.  If a reasonable view of the evidence supports a view that such circumstances may exist, the jury should be instructed that the State bears the burden of proving the absence of such circumstances beyond a reasonable doubt. Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Johnson, 166 N.J. 523 (2001). See alsoState v. Jordon, 86 N.J.Super.585 (App. Div. 1965), interpreting predecessor fighting statute, N.J.S.A.2A:170-27.  

Where to Keep your original Will, Power of Attorney and Living Will

The original Will should be kept by client in a water proof area where the executor can have access.
We are no longer should help clients by keeping original Wills in our office. Since Wills are property of the client, the Will should now be stored by the client. Since May, 2003 we give our clients the Original signed Will to take home. We moved from Metuchen to our new building in Edison on July 22, 2003.
We sent an email to all clients who provided an email address in June, 2003 to outline the need to hold their original Will. If you have not already done so, You should advise your Executors where you will be storing your original Will.

Duty Of A Pedestrian When Crossing At A Point Other Than A Crosswalk

5.32B      Duty Of A Pedestrian When Crossing At A Point Other Than A Crosswalk

                  (Approved before 1983; Revised 4/02)

     In a Civil Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial

A pedestrian crossing at a point other than a crosswalk is charged with the duty to exercise for his/her own safety reasonable care commensurate with the risk of such crossing.

In determining whether such care was used you should consider the location involved, the existing state of the traffic, the observations made by the pedestrian before and during the crossing, the presence of obstructions to view (such as buildings, passing or parked cars, rain, fog and darkness) and from these and all other facts and circumstances present, determine whether the pedestrian in this case exercised the care required.

In addition to considering the general duty I have just described, you are required to consider the following statutory provisions that are part of our New Jersey Motor Vehicle Act.  They are referred to in N.J.S.A.39:4-34 and 39:4-36.  N.J.S.A.39:4-34 provides, in part, that:

Where traffic is not controlled and directed either by a police officer or a traffic control signal, pedestrians shall cross the roadway within a crosswalk or, in the absence of a crosswalk, and where not otherwise prohibited, at right angles to the roadway.  It shall be unlawful for a pedestrian to cross any highway having roadways separated by a medial barrier, except where provision is made for pedestrian crossing.

In addition, N.J.S.A.39:4-36 provides, in part, that:

[e]very pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. 

[Continue with Model Charge 5.30D on Violation of Traffic Act. Adapt to Comparative Negligence.]

Cases:

These notes were part of the Model Civil Charges before the passage of the Comparative Negligence Act.  N.J.S.A.2A:15-5.1 et seq.  Keep in mind that the phrase “contributory negligence” usually should be read “comparative negligence.”

Kopec v. Kakowski, 34 N.J. 243, 246 (1961):

We cannot say as a matter of law that plaintiff was guilty of contributory negligence.  In resolving the question of plaintiff's contributory negligence as a matter of law we must consider the factual setting as revealed by the testimony, including (1) his familiarity with the highway; (2) the observation made by him before venturing across the south bound lane and during his crossing thereof; (3) the distance, at the time of entrance upon the highway, between that point and defendant's car; (4) that fact that defendant was operating the rearmost of two cars traveling in tandem in the lane immediately adjacent to the medial strip; (5) the speed at which the cars were estimated to be traveling in a 45 mile per hour zone; (6) the distance of the highway traversed by plaintiff before the impact; (7) the sudden veering of defendant to the right across the second lane into the third lane, with the added acceleration of speed necessary to pass the lead car on the right.  Fair-minded men of ordinary prudence might well differ under the proofs adduced as to whether plaintiff acted as an ordinarily prudent man would act.  It follows that the issue of contributory negligence was not one of law for determination by the court but rather one of fact for determination by the jury.

Schaublin v. Leber, 50 N.J. Super. 506, 512 (App. Div. 1958):

Failure of a pedestrian to cross within a crosswalk is not conclusive evidence of contributory negligence even when struck by a moving vehicle. Whether the plaintiff here made reasonable observation, the lighting conditions, whether it was reasonable for her to pursue the path she did, whether her attention was upon her dog instead of upon her path, and all other matters which enter into the complex of contributory negligence, were matters for the jury to decide.

Van Rensselaer v. Viorst, 136 N.J.L. 628 (E. & A. 1948); Fox v. Great Atlantic & Pacific Tea Co., 84 N.J.L. 726 (E. & A. 1913); Volpe v. Perruzzi, 122 N.J.L. 57 (Sup. Ct. 1939); Dugan v. Public Service Transportation Co., 5 N.J. Misc. 245 (Sup. Ct. 1927) (pedestrian justified in presuming that the driver, after having seen him, would so handle his car as to avoid running him down); Schreiner v. Grinnell, 89 N.J.L. 37 (Sup. Ct. 1916).

5 32A Duty Of Pedestrians And Bicyclists

5.32A Duty Of Pedestrians And Bicyclists To Make Observations

 (Approved 2/92)

        In a Civil Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.

         Both motorists and pedestrians (or bicyclists[1]) have mutual and reciprocal rights to the use of streets and highways and each has the right to expect that the others will exercise their rights with reasonable care and subject to the rights of others.  Thus a pedestrian (or bicyclist) is under a duty to exercise for his/her own safety the care that a reasonably prudent person would exercise under all the circumstances confronting him/her.  Although his/her observation need not extend beyond a distance within which vehicles moving at lawful speed will threaten him/her, a pedestrian (or bicyclist) is required to use such powers of observation, and to exercise such judgment as to how and when to cross a street or highway, as a reasonably prudent person would use in the particular circumstances.

NOTE TO JUDGE

The Motor Vehicle Act, N.J.S.A. 39:4-32 through 39:4-37.1, establishes statutory rights, duties and obligations of pedestrians and motorists and where applicable should be applied to the facts of a given situation.

Cases:

As to right of pedestrian to cross street at a point not a crosswalk, see Fox v. Great Atlantic and Pacific Tea Co., 84 N.J.L. 726 (E. & A. 1913); Gentile v. Public Service, 12 N.J. Super. 45 (App. Div. 1941); N.J.S.A. 39:4-34; as to right of way at crosswalk, seeN.J.S.A. 39:4-35 and N.J.S.A. 39:4-36.

---

     [1]Gibson v. Arrowhead Conditioning Co., 253 N.J. Super. 648 (Law Div. 1991).

5 30H Duty Of Care Stop sign

5.30A GENERAL DUTY OWED BY DRIVERS In a Civil Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial (Approved 8/99)

NOTE TO JUDGE

While the judge may prefer to adopt his/her own version of this phase of the charge, the following has been found to be satisfactory by many judges.

         The plaintiff asserts that the defendant in this case was guilty of negligence in the operation of his/her automobile.  You can appreciate that 

when people drive their motor vehicles on our highways, they have certain rights and assume certain obligations and responsibilities.  They have the right to enjoy the streets and highways but they must make proper and lawful use of this right.  They must use it with reciprocal regard for the rights of others who may be driving upon the highway, and so as not to negligently injure other persons lawfully upon the streets.  This simply means that the driver of an automobile upon a public highway is under the duty of exercising for the safety of others that degree of care, precaution and vigilance in the operation of his/her car which a reasonably prudent person would exercise under similar circumstances.  It has sometimes been defined as care commensurate with the risk of danger.  Thus, the driver of an automobile is required to use reasonable care in the control, management and operation of his/her machine.  He/She is required to make such observation for traffic and road conditions and to exercise such judgment to avoid collision or injury to others on the highway, as a reasonably prudent person would have done in the circumstances. This duty of reasonable care by users of the highways is mutual and ordinarily each may assume that the other will observe that standard of conduct in the use thereof.  Negligence is then the failure to adhere to this standard of conduct.

Cases:

Goldstone v. Tuers, 189 N.J. Super. 167, 169 (App. Div. 1983) held that “it is a firmly settled principle of law that a person has the right to assume that the driver of an automobile will exercise reasonable care and observe the standard of conduct required of him in the use of the highway.”  Therefore, this principle should be ordinarily charged.  In this particular case, however, the failure to charge the principle was deemed to be harmless error.

5 30C LEFT HAND TURN

5.30C LEFT-HAND TURN(Approved 3/91)

   In a Civil Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial.

                  The law imposes upon the driver of a motor vehicle the duty to exercise the care that a reasonably prudent person would use under all the circumstances confronting him/her at the particular time in question.  Failure to exercise such care constitutes negligence. 

                  Obviously the risk of harm will vary with the circumstances.  In some settings that risk is greater than in others, and, when this is so, a reasonably prudent person will exercise a greater amount of care in proportion to the increased risk.

                  With respect to a left-hand turn, involving as it does a movement across the path of other traffic, the risk of harm is ordinarily increased beyond that which exists when a motor vehicle is proceeding along a direct course.  Hence, with respect to a left turn, a reasonably prudent person would seek an opportune moment for the turn and would exercise an increased amount of care in proportion to the increased danger.

                  Accordingly, the law provides that a person seeking to do so has the duty to seek an opportune moment and to exercise a degree of care in proportion to the increased danger involved in the turn.  Therefore, it is for you to determine whether a reasonably prudent person charged with that duty would, under the circumstances of this case, have made the turn when and in the manner in which the defendant (plaintiff) here did.

NOTE TO JUDGE

If both drivers of the oncoming vehicles were not in directly opposite lines of traffic, see:

•                McGowan v. Barry, 210 N.J.Super.469 (App. Div. 1986)

•                Rudy v. Thompson, 186 N.J.Super.359, 362 (App.Div.1982)

•                Zec v. Thompson, 166 N.J.Super.52, 55 (App. Div. 1979)

Statutes:

Depending upon the facts the following statutes may be charged:

•                N.J.S.A.39:4-90

•                N.J.S.A.39:4-123(b) & (c)

•                N.J.S.A.39:4-126

NOTE TO JUDGE

This charge is also applicable to a left hand turn made at a T-intersection.  Spillias v. Radics, 65 N.J.Super. 458, 460-461 (App. Div. 1961).

5 30A GENERAL DUTY OWED BY DRIVERS

5.30A GENERAL DUTY OWED BY DRIVERS In a Civil Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial (Approved 8/99)

NOTE TO JUDGE

While the judge may prefer to adopt his/her own version of this phase of the charge, the following has been found to be satisfactory by many judges.

         The plaintiff asserts that the defendant in this case was guilty of negligence in the operation of his/her automobile.  You can appreciate that 

when people drive their motor vehicles on our highways, they have certain rights and assume certain obligations and responsibilities.  They have the right to enjoy the streets and highways but they must make proper and lawful use of this right.  They must use it with reciprocal regard for the rights of others who may be driving upon the highway, and so as not to negligently injure other persons lawfully upon the streets.  This simply means that the driver of an automobile upon a public highway is under the duty of exercising for the safety of others that degree of care, precaution and vigilance in the operation of his/her car which a reasonably prudent person would exercise under similar circumstances.  It has sometimes been defined as care commensurate with the risk of danger.  Thus, the driver of an automobile is required to use reasonable care in the control, management and operation of his/her machine.  He/She is required to make such observation for traffic and road conditions and to exercise such judgment to avoid collision or injury to others on the highway, as a reasonably prudent person would have done in the circumstances. This duty of reasonable care by users of the highways is mutual and ordinarily each may assume that the other will observe that standard of conduct in the use thereof.  Negligence is then the failure to adhere to this standard of conduct.

Cases:

Goldstone v. Tuers, 189 N.J. Super. 167, 169 (App. Div. 1983) held that “it is a firmly settled principle of law that a person has the right to assume that the driver of an automobile will exercise reasonable care and observe the standard of conduct required of him in the use of the highway.”  Therefore, this principle should be ordinarily charged.  In this particular case, however, the failure to charge the principle was deemed to be harmless error.

5.30A GENERAL DUTY OWED BY DRIVERS In a Civil Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law prior to a trial (Approved 8/99)

NOTE TO JUDGE

While the judge may prefer to adopt his/her own version of this phase of the charge, the following has been found to be satisfactory by many judges.

         The plaintiff asserts that the defendant in this case was guilty of negligence in the operation of his/her automobile.  You can appreciate that 

when people drive their motor vehicles on our highways, they have certain rights and assume certain obligations and responsibilities.  They have the right to enjoy the streets and highways but they must make proper and lawful use of this right.  They must use it with reciprocal regard for the rights of others who may be driving upon the highway, and so as not to negligently injure other persons lawfully upon the streets.  This simply means that the driver of an automobile upon a public highway is under the duty of exercising for the safety of others that degree of care, precaution and vigilance in the operation of his/her car which a reasonably prudent person would exercise under similar circumstances.  It has sometimes been defined as care commensurate with the risk of danger.  Thus, the driver of an automobile is required to use reasonable care in the control, management and operation of his/her machine.  He/She is required to make such observation for traffic and road conditions and to exercise such judgment to avoid collision or injury to others on the highway, as a reasonably prudent person would have done in the circumstances. This duty of reasonable care by users of the highways is mutual and ordinarily each may assume that the other will observe that standard of conduct in the use thereof.  Negligence is then the failure to adhere to this standard of conduct.

Cases:

Goldstone v. Tuers, 189 N.J. Super. 167, 169 (App. Div. 1983) held that “it is a firmly settled principle of law that a person has the right to assume that the driver of an automobile will exercise reasonable care and observe the standard of conduct required of him in the use of the highway.”  Therefore, this principle should be ordinarily charged.  In this particular case, however, the failure to charge the principle was deemed to be harmless error.

Piscataway Library Will seminar via zoom

Wills & Power of Attorney Seminar Piscataway Library 

April 22 at 7:00pm Recorded on  Zoom.com

Posted at https://www.youtube.com/watch?v=lTXcWdOd2yo

SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”)

New Main Topics:

1. 1. If You Have No Will
2. 2. Getting your Estate Planning Documents done when you cant drive to law office
3. 3. Was goes into a Will
4. 4. NJ Estate Tax eliminated and Inheritance Tax reduced
5. 5. Power of Attorneys recommendations
6. 6. Living Will & Advance Directive for Medical Care
7. 7. Administering the Estate/Probate /Surrogate
8. 8. Avoiding unnecessary expenses and saving your family money

Kenneth Vercammen’s Law Office Will preparation online without having to travel to law office and follow up consults over phone & online. 

   To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being.

1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.

2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

3. Ken V will call to discuss after typed interview form received.

4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you.

5. Ken V will call to answer further questions

6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

       The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

After May 4 when weather is nicer, we can sign Wills and Power of Attorney in the parking lot if you bring a witness age over 20.

    Governor’s office state’s Non-retail businesses such as law offices may stay open

“Non-retail businesses may stay open, but must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements and must abide by enhanced mitigation requirements.

Simply put, people should not be outside of their home unless they absolutely need to be. For example, professional service firms -- such as law firms, accounting firms, etc. -- may continue to operate, but must accommodate their employees working from home. If a business or nonprofit has employees that must be on site, it must reduce staff on site to the minimal number necessary to ensure critical operations can continue.”

Kenneth Vercammen’s Law Office Will preparation online without having to travel to law office and follow up consults over phone & online. 

   To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well-being.

1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.

2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

3. Ken V will call to discuss after typed interview form received.

4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you.

5. Ken V will call to answer further questions

6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

       The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

After May 4 when weather is nicer, we can sign Wills and Power of Attorney in the parking lot if you bring a witness age over 20.

More info at https://www.co.hunterdon.nj.us/depts/surrog/probate.htm

THE COVID CRISIS PROMPTED MANY NEW JERSEY RESIDENTS TO FINALLY TAKE CARE OF ESTATE PLANNING

      The crisis may have caused more Americans to contemplate mortality. This has reportedly prompted a large number of Americans to write or rewrite their wills with many using online will makers and services. 

Other people want to start and get done quickly

Persons are increasingly more concerned about powers of attorneys, their health care surrogates, their living wills.

NJ DOES NOT ALLOW online execution of these documents 

  WHAT HAPPENS IF SOMEONE TRIES TO write a Will online using one of those CHEAP boilerplates?

MOST PEOPLE SCREW UP TRYING TO DO DOCUMENTS THEMSELVES.

SIMILAR TO TRYING TO DO YOUR OWN ELECTRICAL WORK.

IT’S IMPORTANT TO WORK WITH AN EXPERIENCED ATTORNEY THAT CAN QUICKLY GET DOCUMENTS DONE WITHOUT YOU HAVING TO TRAVEL TO A LAW OFFICE.

     WHO KNOWS IF YOU OR A FAMILY MEMBER WILL get sick suddenly 

MAKE sure your affairs are in order. 

A prominent attorney noted God forbid, something happens to you.     This situation has shown us anything or taught us anything, it's that none of us know what tomorrow is going to bring. But we know what today holds, so prepare your documents so that you're comfortable with them today and you can sleep tonight. If circumstances change in the future, you can always update these documents. As long as you have capacity to do so, you just have to make those choices.

Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office.

   To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being.

1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.

2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

3. Ken V will call to discuss after typed interview form received.

4. After persons by credit card online or payment confirmed from PayPal, we will draft documents and email to you.

5. Ken V will call to answer further questions

6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries.

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE.  Sign a Living Will with Power of Attorney for Health Care.   In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

Piscataway Library Will seminar via zoom

Wills & Power of Attorney Seminar Piscataway Library 

April 22 at 7:00pm Now online with Zoom.com

 https://piscatawaylibrary.org/joinus/

 Open to the public. You do not need to be a town resident just a Laptop.

 Register Here to receive Zoom login or call details.  

https://docs.google.com/forms/d/e/1FAIpQLSeVVftHa6czAY2O3ak8M3nLs4qbnbE7907M7NzKDlW9R2AMxA/viewform

SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”)

New Main Topics:

1.  If You Have No Will

2.  Getting your Estate Planning Documents done when you cant drive to law office

3.  Was goes into a Will

4.   NJ Estate Tax eliminated and Inheritance Tax reduced

5.   Power of Attorneys recommendations

6.   Living Will & Advance Directive for Medical Care

7.   Administering the Estate/Probate /Surrogate

8.   Avoiding unnecessary expenses and saving your family money

https://www.facebook.com/events/183821666042539/

   Governor’s office state’s Non-retail businesses such as law offices may stay open

“Non-retail businesses may stay open, but must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements and must abide by enhanced mitigation requirements.

Simply put, people should not be outside of their home unless they absolutely need to be. For example, professional service firms -- such as law firms, accounting firms, etc. -- may continue to operate, but must accommodate their employees working from home. If a business or nonprofit has employees that must be on site, it must reduce staff on site to the minimal number necessary to ensure critical operations can continue.”

Kenneth Vercammen’s Law Office Will preparation online without having to travel to law office and follow up consults over phone & online. 

   To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being.
1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.

2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

3. Ken V will call to discuss after typed interview form received.

4. After persons pay by credit card online or payment confirmed from PayPal, we will draft documents and email to you.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

   Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

       The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

        After May 4 when weather is nicer, we can sign Wills and Power of Attorney in the parking lot if you bring a witness age over 20.

https://covid19.nj.gov/faqs/nj-information/general-public/what-businesses-are-closed-what-is-considered-essential

Businesses Allowed to Remain Open To The Public

Essential retail businesses which are allowed to remain open to the public, while following required mitigation requirements are:

• Grocery stores, farmer's markets and farms that sell directly to customers, and other food stores, including retailers that offer a varied assortment of foods comparable to what exists at a grocery store;
• Pharmacies and medical marijuana dispensaries;
• Medical supply stores;
• Gas stations;
• Convenience stores;
• Ancillary stores within healthcare facilities;
• Hardware and home improvement stores;
• Banks and other financial institutions;
• Laundromats and dry-cleaning services;
• Stores that principally sell supplies for children under five years;
• Pet stores;
• Liquor stores;
• Car dealerships, but only for auto maintenance and repair, to deliver online purchases directly to customers, or to arrange for curbside pickup;
• Printing and office supply shops;
• Mail and delivery stores;
• Bars and restaurants for drive-through, delivery, and takeout only;
• Mobile phone retail and repair shops (added 3/24/20);
• Bicycle shops, but only to provide service and repair (added 3/24/20);
• Livestock feed stores (added 3/24/20);
• Nurseries and garden centers (added 3/24/20);
• Farming equipment stores (added 3/24/20);
• Child care centers, but only if they certify by Friday, March 27 that they will only serve children of essential workers starting April 1 (added 3/25/20);
• Realtors, but only to show houses 1-on-1 (open houses are prohibited) (added 3/30/20);
• Firearms retailers, by appointment only and during limited hours (added 3/30/20);
• Microbreweries or brewpubs for home delivery only (added 3/30/20);

https://covid19.nj.gov/faqs/nj-information/general-public/what-businesses-are-closed-what-is-considered-essential