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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


NJ Laws Newsletter E 429

NJ Laws Newsletter E429

1. Selecting A Guardian in Your Will for Minor Children

2. Arrest warrant limits search to immediate area of premises.

3. Double jeopardy bars new trial after mid-trial acquittal.

4. Fun Upcoming Running Races Charity Events Selected by Kenneth Vercammen.

5. Welcome Fall Law Clerks

6. Ken Vercammens Annual Christmas Happy Hour & Networking Party

Recent Cases:

1. Selecting A Guardian in Your Will for Minor Children

If you have minor children, the most important reason to plan your estate is to ensure proper provisions are made for your children. While it can seem overwhelming to deal with all the issues involved, consider what would happen if you died with no provisions. At that point, your childrens guardian would be determined by the courts and there may not be adequate funds available until they reach adulthood, leaving them dependent on the goodwill of relatives. If you have grand children, remind your children to have a Will setting forth who is first and second proposed guardians.

When selecting a guardian, consider the following:

Who would be the best guardian for your children?

While your first inclination may be to select your parents, consider whether they will have the energy to raise your children. A better alternative may be a sibling or friend. One of your most important considerations will be whether you think that individual will be able to raise your child like one of their own. If you have several children, is it reasonable to expect one person to raise all of them? You may want to name more than one guardian, but make sure the guardians will work together to keep the children as close as possible. If the person you are considering lives in another city or state, consider whether you want to uproot your children while they are going through the trauma of their parents death. Make sure youre comfortable with the guardians parental style and moral beliefs.

Have you talked to your selected guardian? Once youve settled on a guardian, discuss your decision with that person to make sure he or she is willing to take on the responsibility? Be sure to name a contingent guardian in case your first choice is unable to serve. Discuss your wishes regarding how you want your children raised, indicating your preferences for education, religion, lifestyle, and other factors.

Have you made adequate financial arrangements for your children? You wouldnt want your children to be a financial burden, or their presence may be resented. Determine how much is needed for living expenses, hobbies, medical expenses, and college. Consider other items as well. For instance, will your guardians home comfortably accommodate your children, or should you leave funds for an addition to the home? Include a financial cushion so there is plenty of money until your children at least reach adulthood. Should the person who has physical custody also handle their finances? You can name two guardians, one for physical custody and one to handle their finances. Decide whether trusts should be set up and how money should be distributed when your children reach adulthood.

Have you reviewed your choice of guardian recently? Just because youve selected a guardian doesnt mean that person is still the best choice. As your children grow, review your guardian choice every couple of years.

SOURCE: kbowman@bizactions.com

2. Arrest warrant limits search to immediate area of premises. Bailey v. United States 133 S. Ct __ (2013)

While police were preparing to execute a warrant to search a basement apartment for a handgun, detectives conducting surveillance in an unmarked car outside the apartment saw two men later identified as petitioner Bailey and Bryant Middleton leave the gated area above the apartment, get in a car, and drive away. The detectives waited for the men to leave and then followed the car approximately a mile before stopping it. They found keys during a putdown search of Bailey, who initially said that he resided in the apartment but later denied it when informed of the search. Both men were handcuffed and driven in a patrol car to the apartment, where the search team had already found a gun and illicit drugs. After arresting the men, police discovered that one of Baileys keys unlocked the apartments door.

At trial, the District Court denied Baileys motion to suppress the apartment key and the statements he made to the detectives when stopped, holding that Baileys detention was justified under Michigan v. Summers, 452 U.S. 692, as a detention incident to the execution of a search warrant, and, in the alternative, that the detention was supported by reasonable suspicion under Terry v. Ohio, 392 U.S. 1. Bailey was convicted. Held:The rule in Summers is limited to the immediate vicinity of the premises to be searched and does not apply here, where Bailey was detained at a point beyond any reasonable understanding of the immediate vicinity of the premises in question.

3. Double jeopardy bars new trial after mid-trial acquittal. Evans v. Michigan 133 S. Ct. 1069 (2013)

When the State of Michigan rested its case at petitioner Lamar Evans arson trial, the court entered a directed verdict of acquittal, based upon its view that the State had not provided sufficient evidence of a particular element of the offense. It turns out that the unproven element was not actually a required element at all. We must decide whether an erroneous acquittal such as this nevertheless constitutes an acquittal for double jeopardy purposes, which would mean that Evans could not be retried. This Court has previously held that a judicial acquittal premised upon a misconstruction of a criminal statute is an acquittal on the merits ... [that] bars retrial. Arizona v. Rumsey, 467 U.S. 203, 211 (1984). Seeing no meaningful constitutional distinction between a trial courts misconstruction of a statute and its erroneous addition of a statutory element, we hold that a midtrial acquittal in these circumstances is an acquittal for double jeopardy purposes as well

4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen

If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events. http://vercammensport.blogspot.com/

10/26 Hoboken 5k 10am Wakefern co-sponsor

10/27 Trick or Trot 5k Long Branch party at Celtic Cottage after run 2 for 1 drinks

10/29 Freezing Cold Hash Volunteer meeting 6pm Deal Firehouse Ken will pay for beers. Sandwiches provided. Volunteers receive free admission to Freezing Cold Hash and Free Living Will.

10/30 RVRR Halloween pub-crawl New Brunswick

11/3 RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tonas good event

11/10 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am

5. Welcome Fall Law Clerks

Kenneth Vercammen and Associates, P.C. would like to welcome the following Fall Law Clerks.

Taralyn Stokes currently attends Rutgers University and is majoring in Criminal Justice.

Sara Quinlan currently attends Mercer County Community College as part of their Advanced Degree in Paralegal Studies.

Geovonna Parker currently attends New Jersey City University and is currently majoring in Criminal Justice.

Antonia Tur currently attends Mercer County Community College and is in the process of obtaining her Paralegal Degree.

Austin Chen is currently a high school senior attending J.P. Stevens High School.

6. Ken Vercammens Annual Christmas Happy Hour

Friday, December 6, 2013

5:00PM - 7:00PM

atBar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free !

5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

Email Ken Vercammens Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com

Questions- Call 732-572-0500

Bring a canned food donation for the St. James Food Bank Hands of Hope, continuing providing food and help to individuals in need.

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.

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