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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


E497: NJ Laws Email Newsletter

E497: 1. Avoid Shoplifting convictions 2. July 15, 2016 Friday Summer Blast Happy Hour 3. Recent Cases: Stop of car and search improper based on strange pause State v. V.A.-M 4. Latest YouTube Videos

NJ LAWS EMAIL NEWSLETTER E497
Kenneth Vercammen, Attorney at Law

Greetings!
In this issue:
1. Avoid Shoplifting convictions
2. July 15, 2016 Friday Summer Blast Happy Hour
3. Recent Cases: Stop of car and search improper based on strange pauseState v. V.A.-M
4. Latest YouTube Videos
1. Avoid Shoplifting convictions
Shoplifting is one of the worst offenses to have on your record. Employers are reluctant to hire someone they cant trust. If charged with shoplifting, hire an attorney to defend the charges. If a prior conviction, hire an attorney to expunge the criminal record.
Thestate must prove the Defendant had the knowing intent to commit a criminal act in a shoplifting case.
Sometimes the defendant has mental issues and was not aware that there was a criminal act being committed.
NJSA 2C: 4-2. Evidence of mental disease or defect admissible when relevant to element of the offense.
Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense.
The NJ Model Jury charges set forth the elements of SHOPLIFTING [CONCEALMENT] (N.J.S.A. 2C: 20-11b(2))
The statute provides in pertinent part that it is a crime for:
any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
In order for the finder of fact to find the defendant guilty of shoplifting, the State must prove each of the following elements beyond a reasonable doubt:
1. that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by (name of commercial establishment);
2. that (name of commercial establishment) was a store or other retail mercantile establishment; and
3. that defendant did so with the purpose of depriving the merchant of the processes, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the value thereof.
The first element that the State must prove beyond a reasonable doubt is that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by any store or other retail establishment. The term conceal means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.1 The term merchandise means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.2
A person acts purposely with respect to the nature of his or her conduct or a result of his conduct if it is the persons conscious object to engage in conduct of that nature or to cause such a result. That is, a person acts purposely if he or she means to act in a certain way or to cause a certain result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist.
2. July 15, 2016 Friday Summer Blast Happy Hour
Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Update: We will be outside on the big Boardwalk Bar. Get VIP wristband and VIP name sticker from Ken Vercammen, Esq and helpers. Walking distance from the beach, Belmar train station and marina. A good reason to leave work early on Friday. Near Main St.
Look for Banner of NJ State Bar Association & US Flag. Ken Vercammen will be wearing a blue Hawaiian shirt.
We need a couple of volunteers for a short period of time
  • 1 Volunteer: Help hang up signs and banner 5:00
  • 1 Volunteer: Help check names off and give out VIP wristbands 5:00-6:00, 6:00-7:00, 7:00-7:30
  • 1 Volunteer: Help collect business cards and give out some free stuff.
  • 1 Volunteer: Help lug canned food donations for Community Food Bank to car at end of party
Schedule [rain or shine]
5:30-7:30pm Hot & Cold Buffet inside near front door
5:30 Music by Sami Eldebs outside and DJ with prizes inside
6-7$1.50 House Drinks, Bud/BudLt draft & House Wine Specialat the outside Boardwalk Bar
10pm Big Band Baby band inside
Bring your IPhone or camera to take photos and add tohttps://www.facebook.com/events/100183356999884/
July 16 7pm Edison Elks Beef & Brew $25.00 for tickets call 732) 985-2487 or buy at 375 Old Post Road, Edison NJ 08817-4653
July 17 Freedom Fest Sunday Marshall Tucker Band
July 20 RVRR Summer Pub Crawl

July 24 5k Run/Walk VFW Post #133 East Brunswick, NJ 9:00 AM free burgers, beer, and food

Recent cases:
3. Stop of car and search improper based on strange pause
State v. V.A.-M.App. Div. unreported 14-2-8638
After his motion to suppress was denied in municipal court, 18-year-old defendant V.A.-M. pleaded guilty to loitering to obtain a controlled dangerous substance and was sentenced to a fine of $350, plus court costs and fees. Defendant appealed, and the Law Division affirmed the municipal courts denial of defendants motion to suppress and imposed the sentence. Defendant then challenged the stop of the motor vehicle in which he was a passenger and the subsequent warrantless search and seizure of a pipe from his pants pocket that was alleged to be drug paraphernalia.
Because the police stop could not be justified either as an investigatory stop or under the community-caretaking doctrine, the appellate panel reversed. The community-caretaking doctrine did not justify the stop of the vehicle and warrantless search of defendant, as the officers did not have an objectively reasonable basis to believe that an emergency required immediate action to protect life or prevent serious injury. The police officer did not indicate that he stopped the vehicle because of the manner in which it was driving. As such, the Law Divisions reliance on the strange pause of the vehicle and its attempt to continue driving was misplaced. Moreover, the officer testified that once he spotted the vehicle and realized that it matched the description he had received from dispatch, he intended to stop it based on the anonymous citizens report alone.
The panel found that the anonymous call to police reporting benign and non-criminal activity was insufficient to justify an investigative stop. The call reported a parked car, with a white male running up and down a hill. While a concerned citizen was apparently sufficiently troubled to call police, the reported activity was more in the nature of innocent frolicking than criminal activity. A parked car and a male running up and down a hill on a winter evening did not rise to the level of reasonable articulable suspicion of criminal activity necessary to justify an investigatory stop. Because the stop was constitutionally defective, the subsequent statements by, and search of, defendant the court suppressed. SourceDaily Briefing - 12/14/2015

4. Latest YouTube Videos

Driving
Driving while suspended defenses 39:3-40

Release
Release & Refunding Bonds

Drug
Drug Possession Defense






Editorial Assistance Provided by Nicholas Idler.Mr. Idler is participating in Ken Vercammens Summer Internship Program and currently a student at the West Virginia University College of Law.
Editors Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

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

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