NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977


Winter 2015 Municipal Court Law Review

Winter 2015 Municipal Court Law Review

1 Court cannot consider Sup Mt testimony unless agreed by defendant State v. Gibson 219 NJ 227 (2014)

Due to the fundamental differences between a pre-trial motion to suppress and a trial on the merits, the best practice is to conduct two separate proceedings. However, the motion record may be incorporated into the trial record if both parties consent and counsel are given wide latitude in cross-examination. Where the evidence from a pre-trial hearing is improperly admitted at the trial on the merits, the correct remedy is remand for a new trial.

2. If mandatory 180 days without parole, cant get credit for inpatient State v. French 437 NJ Super. 333 (App. Div 2014)

A sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program does not satisfy the fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole mandated for the fourth-degree crime of operating a motor vehicle during a period of license suspension for multiple convictions of driving while intoxicated. N.J.S.A. 2C:40-26(b).

3. No jail for careless driving unless aggravating factors found

State v Palma 219 NJ Super. 584 (App. Div 2014)

The factors outlined by this Court in State v. Moran, 202 N.J. 311 (2010), should be followed by judges in the municipal court and Law Division when imposing sentences for careless driving.

4. Failure to read refusal warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014)

In this appeal, defendant argued the police failure to read to him the standard statement referred to in N.J.S.A. 39:4 50.2(e) which, in its current iteration, largely but not entirely advises of the consequences of refusing to provide a breath sample requires reversal of his DWI conviction based solely on an Alcotest reading. The court held this alleged failure was not fatal to the DWI conviction because defendant did not refuse to provide a breath sample.

5. DWI offenses separated by more than ten years are eligible for step-down provision. State v. Revie __ NJ __ (2014) A-31-13

The N.J.S.A. 39:4-50(a)(3) step-down provision can benefit a DWI offender more than once, provided that the defendants most recent and current DWI offenses are separated by more than ten years. In this case, defendant should be sentenced as a second DWI offender with respect to any term of incarceration imposed, and as a third DWI offender with respect to the applicable administrative penalties.

6. Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal 438 NJ Super. 156 (App. Div.2014)

The court granted leave to examine an interlocutory order, which denied defendants motion to recuse the Bergen County judiciary from presiding over a prosecution that included a charge of conspiring to murder a Bergen County assistant prosecutor. The issue reached an acute stage when the State informed it would offer evidence at trial that defendant threatened the lives of two Bergen judges. Even though the court acknowledged the trial judge, who was not one of the threatened judges, appeared able to fairly and impartially preside, the court held that defendant is entitled to the relief sought because, in the final analysis, justice must satisfy the appearance of justice and a reasonable person would harbor doubts about the fairness of the proceedings.

7. DL suspension should not be stayed after conviction unless findings of fact. State v Robertson 438 N.J.Super. 47 (App. Div. 2014)

In this appeal from a DWI conviction, the court rejects defendants argument that the Alcotest results should have been excluded because he was denied discovery of certain repair records, which were created by the Alcotests manufacturer, and certain downloaded data, which the State routinely erases. The court concludes the records were not discoverable under Rule 7:7-7, nor did they constitute Brady material.

The court also addressed the unexplained decisions of both the municipal court and the Law Division to stay defendants license suspension pending appeal. The court instructs trial courts that any stay of a license suspension after a DWI conviction should be supported by adequate findings of fact and conclusions of law, and should comply with standards governing the grant of a stay pending appeal set forth in Garden State Equality v. Doe, 216 N.J. 314, 320 (2013).

8. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H. 436 N.J. Super. 427 (App. Div. 2014)

The court considered the application of the expungement statute, N.J.S.A. 2C:52-1 to -32, where petitioner was charged with a fourth degree offense but ultimately agreed to a violation of a statute for which he paid a civil penalty. Petitioner requested expungement of all criminal records, which was granted by the trial judge; records of the civil violation and the file of the NJSPCA were not subject to expungement.

The State appealed, advancing numerous reasons for reversal, primarily arguing the final disposition controls whether expungement relief is available. Maintaining the initial criminal charges were part of the same file that was disposed of through a plea agreement-allowing defendant to pay a civil penalty, the State asserts expungement cannot be permitted. The court disagreed and concluded petitioner was not convicted and the final disposition was not a plea agreement. Rather, the criminal charges were dismissed. Accordingly, expungement was permitted under N.J.S.A. 2C:52-6(a).

9. Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B. 436 NJ Super. 48 (App. Div. 2014)

The court held that expungement is not permitted by N.J.S.A. 2C:52-2(a), which allows expungement for a person convicted of a crime, where the petitioner had pleaded guilty to multiple briberies over the course of two days even though those crimes had a single purpose and even though they were memorialized in a single judgment of a conviction.

10 Hearsay at Rule 104 hearing not admission at trial for confession to driving State v. Harvey (App. Div. Decided September 9, 2014) A-2921-12T1 Unreported

Following trial de novo on the record of the Northfield Municipal Court, the Law Division judge found defendant guilty of driving while intoxicated and sentenced him as a third-time offender. The appellate panel finds that the procedure employed in the Law Division violated defendants rights to procedural due process and fundamental fairness. There was no basis for a 104 hearing on this record. Defendant was not seeking to suppress his statements to the arresting officer, nor did he assert that the officer lacked probable cause to arrest him for driving under the influence. The officer testified at the 104 hearing that he was dispatched to a doctors office in response to a call stating that defendant appeared intoxicated and was gonna drive home. Defendant made no objection to that testimony, which was not relevant to the issue before the municipal court, namely, whether defendant drank en route to the doctors office or after he parked the pick-up truck in the parking lot. That testimony, however, became relevant when the State advanced its alternate theory of operation before the Law Division and the judge relied on it in finding that the State proved defendants intent to drive away from the doctors office. The testimony was hearsay. The Law Division judge rejected defendants attempt to counter those proofs with the truncated testimony in the municipal court that he had arranged for someone else to drive him home and his offer to have that person testify in the Law Division. Because the Law Division determined that there was insufficient evidence to convict defendant under the only theory properly before it, namely that defendant drank en route to his doctors appointment, that ruling was an adjudication on the merits of the charge entitling defendant to an acquittal. The panel reverses defendants conviction and remands to the Law Division for entry of a judgment of acquittal. Source Daily Briefing - 9/10/2014

11. Calendar of events

Friday, March 13, 2015

Happy Hour & Networking Social

5:00PM - 7:00PM

Bar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Municipal Court College March 31 5:30-9 Law Center

May 7 Nuts and Bolts of Elder Law ICLE 7 5-9pm Law Center

Photo

Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court seminar

Photo Menzel, Murgado, Brigiani, Reinitz

1 Court cannot consider Sup Mt testimony unless agreed by defendant State v. Gibson

2. If mandatory 180 days without parole, cant get credit for inpatient State v. French

3. No jail for careless driving unless aggravating factors found

State v Palma

4. Failure to read refusal warnings not a defense to DWI State v Peralta

5. DWI offenses separated by more than ten years are eligible for step-down provision. State v. Revie

6. Judge must recuse where a reasonable person would harbor doubts about the fairness of the proceedings. State v Dalal

7. DL suspension should not be stayed after conviction unless findings of fact. State v Robertson

8. Criminal charge where later guilty plea to civil violation can be expunged. In the Matter of the Expungement Application of P.H.

9. Expungement of Single Judgment Encompassing Multiple Crimes Denied. I/M/O The Expungement of the Criminal Records of G.P.B.

10 Hearsay at Rule 104 hearing not admission at trial for confession to driving State v. Harvey

11. Calendar of events

N.J. Municipal Court Law Review SUBSCRIPTION INFO

Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review. This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.

Vouchers accepted. Please send a stamped, self-addressed envelope for their return. Multiple subscriptions encouraged.

Please must send a $20.00 check payable to Vercammen & Associates, PC.

If the law firm or municipality no longer wishes to subscribe, please fax or mail us.

Name: ______________________________________

(or staple business card here)

Address: ______________________________________

We also need your email address ________________________

Return to:

Kenneth A. Vercammen, Esq.,

Editor- NJ Municipal Court Law Review

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500

Tax ID # available

/

kenv
Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

New Article of the Week

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

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

Admitted In NJ, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles.

Ken Vercammens Resume
Directions to Ken Vercammen and Associates




Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Copyright 2017. Kenneth Vercammen & Associates, P.C.