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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


E503 Newsletter


 

NJ LAWS NEWSLETTER E503 

Kenneth Vercammen, Attorney at Law

 

October 12, 2016

 

In this issue:

1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016)  

2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016) 

3. Reasons to sign a Power of Attorney. 

4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar. 

5. Next Will & Estate Planning Programs:  


1. Suppression where stop based only for high beam. State v. Scriven 226 NJ 20 (2016)     


The trial court and Appellate Division properly concluded that the motor-vehicle stop violated the Federal and State Constitutions. The language of the high-beam statute, N.J.S.A. 39:3-60, is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle. The judgment of the Appellate Division upholding the trial court's suppression of the evidence is affirmed.

 

2. Third Party did not have authority to consent to search of premises. State v. Cushing 226 NJ 187 (2016)  

The record contains ample evidence to support the Appellate Division's conclusion that Betty Cushing did not have actual authority to consent to the search of defendant's room, and Betty could not have conferred through any power of attorney an authority that she did not possess herself. In addition, it was not objectively reasonable for Officer Ziarnowski to rely on an apparent authority by Mylroie as the basis for valid third-party consent to his initial search of defendant's bedroom.

 

3. Reasons to sign a Power of Attorney. 

 

A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now.The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. The term durable in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.

New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.

The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.

The Power of Attorney can be effective immediately upon signing or only upon disability. Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.

 

 

4. Handling Drug, DWI and Serious Cases in Municipal Court Seminar.

October 24 5:30PM-9:00PM

NJ Law Center, New Brunswick

Sponsored by the NJ State Bar Association NJSBA

 

Speakers:                                                                                                       

Norma M. Murgado, Esq., 

      Chief Prosecutor- Elizabeth; Assistant Prosecutor-Woodbridge

Tara Auciello                      

      Edison Prosecutor

Kenneth Vercammen, Esq., 

      Past Municipal Court Attorney of the Year             

John Menzel, Esq.,                                                                                                   Past Chair Municipal Court Section

William Brigiani                                                                                                       Past MCBA Municipal Court Attorney of the Year

         

Tuition l $170- $190 tuition depending on NJSBA membership Seminar #ICCRM150716 http://tcms.njsba.com/PersonifyEbusiness/ Default.aspx?TabID=1699&productId=8428659 Location: New Jersey Law Center

                                                                                                            

 

Municipal Court Judges can attend for ½ price. Full time Judges attend for free. Law students can attend for free [dinner, book, CD not included.] For Fees and information visit http://www.njicle.com or call NJ ICLE (732) 214-8500

 

5. Next Will & Estate Planning Programs:  


 

October 17 

South Brunswick Library 

Wills, Estate Planning & Probate Seminar at 7pm 

Free community program 

110 Kingston Lane Monmouth Junction, NJ, 08852 southbrunswicklibrary@gmail.com 

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ Author ABA Wills & Estate Administration

All open to the public. You don't have to be a town resident to attend.

 

November 3 at 7pm

Edison Clara Barton Library

Wills, Estate Planning & Probate Seminar 

New date and location

Free community program

Clara Barton Library, 141 Hoover Ave, Edison, NJ 08837 (732)-738-0096

For info call (732)-287-2298 x 228

To register go to http://www.edisonpubliclibrary

 

Editorial Assistance Provided by Kwame Williams. Mr. Williams is participating in Ken Vercammen's Fall Internship Program and currently attends Felician University. 

 

Editor's 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

website: www.njlaws.com


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.NJLaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

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.

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