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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

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 Attorney Generals Guidelines for Asset Forfeiture

NJ Attorney Generals Guidelines for Asset Forfeiture

(1) Seizure of Residences

When a prosecuting agency seeks to forfeit real property in residential use, the least intrusive means that will preserve the property for forfeiture shall be employed. A notice of lis pendens or an order restraining alienation should suffice to preserve the governments interest in forfeiture pending final judicial determination of the forfeiture action. This policy recognizes that immediate dispossession from a residence may affect innocent individuals, that dispossession is not always required to preserve the property for forfeiture, and that the home is afforded special significance in American jurisprudence. In cases in which public health, safety or welfare is at risk, full seizure may be accomplished upon obtaining judicial sanction.

(2) Court Approval Required for Forfeiture of Certain Property

In all cases in which real property or in which property having a value of $10,000 or more is the subject of a forfeiture, such forfeiture action shall proceed by a complaint filed in Superior Court as authorized by N.J.S.A. 2C:64-3. This policy will ensure that a public record is established for property having significant value, when that property is subject to a forfeiture. Further, a Superior Court Judge, as a neutral judicial officer, can adjudicate claims by parties asserting an interest in the property and must sanction any final disposition of the forfeiture complaint.

(3) Forfeiture and The Underlying Criminal Offense

Forfeiture is a remedy that seeks to take unlawfully obtained proceeds of criminal activity and to take instrumentalities used to aid in criminal activities. In the case of proceeds, the limit of the forfeiture remedy is defined by the prosecuting agencys ability to prove the nexus between instrumentalities, the degree to which the instrumentality is employed in any criminal transaction or enterprise, the importance of the instrumentality to accomplishing the illegal end and the nature and seriousness of the illegal activities should all be evaluated in determining whether the forfeiture remedy should be employed to its full limit.

(4) Disposition of Forfeiture and Criminal Charges Not Dependent

It is legitimate to negotiate a forfeiture settlement when negotiating a criminal disposition. However, a reasonable disposition of possible or pending criminal charges should not be comprised to obtain a greater forfeiture of property.

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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.KennethVercammen.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.

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Kenneth Vercammen & Associates, P.C.
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Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates

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