Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Friday, July 6, 2018

Community service in lieu of fines or jail 2B:12-23.1. Penalties payable in installments; community service; alternative penalties

Community service in lieu of fines or jail

 2B:12-23.1. Penalties payable in installments; community service; alternative penalties

a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may:
(1) reduce the penalty, suspend the penalty, or modify the installment plan;
(2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
(3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment;
(4) order the person to perform community service in lieu of payment of the penalty; or
(5) impose any other alternative permitted by law in lieu of payment of the penalty.
b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2).

ABA Estate Planning, Probate & Trust Committee 2018 ABA Annual Meeting Report Solo Divi

ABA Estate Planning, Probate & Trust Committee 2018 ABA Annual Meeting Report Solo Division

COUNCIL AGENDA REPORT FORM 

COMMITTEE REPORTS
Division Number and Name: Division 3: Practice Specialty


Division Director Name: Daniel Tann

Reporting Board or Committee:ABA Estate Planning, Probate & Trust Committee

Completed By: Kenneth Vercammen Co-Chair, Edison, NJ

1.What has your board or committee done since its last report (e.g., conference call, meetings, use of discussion lists, planning for CLE programs, publications and articles, collaboration with other boards, committees, or sections)?
-      -Publicized program Protecting Your Assets Against Long-Term Care and Nursing Home Expenses April 26 2018    9:45 AM to 10:45 AM with speakers James and Matt Davidson Moderator Kenneth Vercammen, Esq. at the ABA-GPSoloand Group Legal Services Association (Formerly API) Spring Conference & Assisted GLSA Group Legal at New Orleans meeting April 2018 with other programs

-Scheduled Committee meeting at Chicago Annual meeting
Participated in 
quarterly ABA Commission on Law and Aging
-      -Helped publicize Solo Division’s book “Wills and Estate Administration Practice” approx 240 pages to help raise revenue for section- Sale of book continue to be good
-      Added Spring Committee report to Estate Planning blog and forwarded to all committee members
-Schedule Committee meeting at ABA Mid year in Las Vegas
-Schedule Committee meeting at Spring meeting in New York
-Published article in GP Solo 

2.What is the status of your board or committee’s business plan for the year (e.g., participation of board or committee members, goals achieved, and new goals)?
Participate in Monday July 9 2:00 - 3:00 PM Eastern timequarterly ABA Commission on Law and Aging networking These calls are open to ABA staff and Members with an interest in developing programing, policy or publications on issues relating to aging and law.  Please share this message with colleagues who may want to participate and encourage people to email to be added to the invitation list (david.godfrey@americanbar.org<mailto:david.godfrey@americanbar.org>.)
Help publicize ABA Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting Friday, Estate Planning and Elder Law Joint Committee Meetings have been scheduled for Friday August 3, at 4:00 pm – 5:00 pm round table discussion Free to attendees
 at the ABA Annual Meeting Chicago    Ideas to be discussed:
-BUILDING THE MILLION DOLLAR ESTATE PLANNING PRACTICE
 A Lawyer’s Guide toCreating a Winning Estate Planning Practice 

Ethically Building Your Practice using free and low-cost online methods
1.      Website specific http://www.njwillsprobatelaw.com
2.      Blog https://njprobate.blogspot.com  
3.      Facebook Law Office
4.      LinkedIn- post articles, events
5.      Google+ aka Google Plus
6.      Twitter
7.      YouTube
8.      Avvo Legal rating
9.      JD Supra
10.  Justia Lawyer Directory:
11.  Yelp for Business Owners
Friday, August 3, 2018
Swissotel Chicago
-      Attend October 2018 Charleston meeting and help out

3.Does your board or committee need any assistance from the Director, Staff, Division Officers, or Council? If yes, please explain:

Yes We need help setting up future programs and meetings.
-The Committee anticipates guidance, support and/or involvement from our Division Director regarding publicizing the Wills and Estate Administration book


ACTION ITEMS
List any action items to be presented to Council. These are items that require discussion, reporting, and/or decision-making on the part of the Council (e.g. a request for support of matters appearing before the House of Delegates, revisions of Division policies, and requests for use of extraordinary Division resources). None needed

INFORMATIONAL ITEMS
List any informational items to be represented to Council. These items are matters for the Council’s information and do not require action. None needed

Steve Wildi  
Daniel Tann Esq. djtannesq@verizon.net
gp-ElderLaw@Mail.americanbar.org

Tuesday, April 24, 2018

Marketing and Ethics in Your Practice
 May 16, 2018

May 16, 2018 Wednesday, 1:45-3:25
Location: Luna Room, walk to the Water Club connected to the Borgata
NJSBA Annual Meeting    08401
    Learn how to make more money by ethically marketing your practice... and staying ethically compliant. This program will demonstrate proven techniques for promoting your practice while staying within the ethics rules whether you handle cases in Municipal Court or in other areas of law.  Topics include: the ethics of marketing; ethical websites; ethical considerations of social networking; ethical considerations of in-person networking; and blogs, event calendars, articles and other types of promotion - some proven techniques for marketing and rainmaking that go beyond the conventional but stay within the ethics boundaries. ...and more.

Speakers:
 Kenneth A. Vercammen, Esq. 

Marc D. Garfinkle, Esq.

Jason T. Komninos, Esq.

Eugenie A. Voitkevich, Esq.

Program registration is at Borgata Hotel 1 Borgata Way, Atlantic City, NJ 08401

Learn how to make more money by ethically marketing your practice... and staying ethically compliant!

  Proven techniques for promoting your practice while staying within the ethics rules, even if you handle cases other than Municipal Court.
Ethics in Municipal Court

       Learn everything you need to know to ethically promote your practice, including:

• An overview of the ethics of marketing - a discussion of information that is and is not permitted to be communicated to potential clients. An overview of relevant RPC’s , ethics opinions and cases that refer to ethical communication with potential clients, including Opinion 39, 42 and 43 and RPC 7.1.

• Ethical websites - do’s and dont’s as to how your website can attract the most clients while staying within the ethics rules. Topics will include imagery, testimonials and design.

• The Ethical Considerations of Social Networking- a focus on how to ethically grow your practice through on-line networking.

• The Ethical Considerations of In-Person Networking - This will review what you can and can’t say in person, conflicts of interest and more.

• Blogs, Event Calendars, Articles and Other Types of Promotion - Some proven techniques for marketing and rainmaking that go beyond the conventional but stay within the ethics boundaries.
...and more!


Tracks: Municipal Court Practice

Friday, April 13, 2018

CONSTRUCTIVE POSSESSION OF DRUGS IN A CRIMINAL CASE REQUIRES THE STATE TO PROVE INTENT TO EXERCISE PHYSICAL CONTROL

CONSTRUCTIVE POSSESSION OF DRUGS IN A CRIMINAL CASE REQUIRES THE STATE TO PROVE INTENT TO EXERCISE PHYSICAL CONTROL


        In State v. Reeds  197 NJ 280 (2009)  the NJ Supreme Court stated:
Plainly, such possession can be constructive, meaning that "`although [a defendant] lacks physical or manual control, the circumstances permit a reasonable inference that [the defendant] has knowledge of its presence, and intends and has the capacity to exercise physical control or dominion over it during a span of time.'" State v. Lewis, 185 N.J. 363, 371 (2005) (quoting State v. Spivey, 179 N.J. 229, 236-37 (2004) (internal citation and quotation marks omitted)). 
              Mere presence in a car or house is not sufficient for constructive possession.

              "For this offense the state must prove three material elements.  First, it must be proved that the item is a controlled dangerous substance. Second, it must be proved that defendant either obtained or possessed the substance.  Third it must be proved that defendant acted knowingly or intentionally."  33 N.J. Practice §521 p.475.

              The state must prove that the defendant acted knowingly or intentionally.  The state must prove that defendant knew the nature and character of the item, and it must prove that defendant's purpose in possessing the substance.  33 N.J. Practice §520 p.471 (1982).

              Possession is the intentional control of an item accompanied by an awareness of its character.  Constructive possession is when the defendant is aware of the substance and has an intention to exercise control over the substance.  State v. Brown, 67 N.J. Super. 450, 455, 171 A. 2d 15, 18 (App. Div. 1961).

              Joint possession is when people knowingly share control over the article.  State v. Raja, 132 N.J. Super. 530, 536, 334 A. 2d 364, 367 (App. Div. 1975).

              It is an offense to knowingly or intentionally obtain or possess a controlled dangerous substance.  N.J.S.A. 24:21-20a.  "The state must prove knowledge or intent on the part of the defendant.  Knowledge means that the defendant was aware of the existence of the object and was aware of its character.  Intent means it was the defendant's purpose to obtain or possess the item while being aware of its character.  State v.   McMenamin, 133 N.J. Super. 521, 524, 337 A. 2d 630, 631 (App. Div. 1975); State v. Brown, 67 N.J. Super. 450, 455, 171 A. 2d 15, 18 (App. Div. 1961).

              Mere presence in a premises with other persons where controlled dangerous substances are found is not sufficient to justify an inference that a particular defendant was in sole or joint possession of the substance.  State v. Sapp, 71 N.J. 476, 477, 366 A. 2d 334, 335 (1976), overruled on other grounds by State v. Brown, 80 N.J. 587, 404 A. 2d 1111 (1979).

              The state must prove that the defendant was aware of the character of the substance to prove that the defendant acted with knowledge.  State v. Reed, 34 N.J. 554, 557, 170 A. 2d 419, 421 (1961); State v. Rajnai, 132 N.J. Super. 530, 536, 334 A. 2d 364, 367 (App. Div. 1975).

         " Mere presence at or near the scene does not make one a participant in the crime, nor does the failure of a spectator to interfere make him/her a participant in the crime.  It is, however, a circumstance to be considered with the other evidence in determining whether he/she was present as an accomplice.  Presence is not in itself conclusive evidence of that fact.  Whether presence has any probative value depends upon the total circumstances.  To constitute guilt there must exist a community of purpose and actual participation in the crime committed." 

         "Mere association, acquaintance, or family relationship with an alleged conspirator is not enough to establish a defendant’s guilt.  Nor is mere awareness of the conspiracy.  Nor would it be sufficient for the State to prove only that the defendant met with others, or that they discussed names and interests in common.  However, any of these factors, if present, may be taken into consideration along with all other relevant evidence in your deliberations."

         See also U.S. v. Idowu 157 F. 3d 265 (3rd Cir. 1998) - holding that joint / constructive / actual possession and knowledge that something illegal was going on is insufficient. Prosecution must prove that you had specific knowledge that the bag contained heroin and not something else illegal!


        Please forward to me all documents which you have in your possession or which are in the possession of any law enforcement agency or the complainant  pertaining to my client which prove he possessed any CDS. Demand is made for a speedy trial.   If the Prosecutor has any questions I would be glad to speak with them.

Monday, April 9, 2018

Shoplifting penalties if charges are not dismissed 2c:20-11

Shoplifting penalties if charges are not dismissed
2c:20-11  …..
 (2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than  $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.



(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.


(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.

     
Mandatory Community service if found guilty:
Any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: 
for a first offense, at least ten days of community service; 
for a second offense, at least 15 days of community service; 
and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

Criminal Indictable and Disorderly Offense  Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
                                Jail 2C: 43- 8       jail  6 month maximum
                                                           probation 1-2 year                      
                                                           community service  180 days maximum 
                                                           mandatory costs, VCCB and other penalties
Disorderly- fines:          2C: 43- 3        $1,000 Fine  maximum              

         There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.   

         Indictable Criminal Penalties    [Felony type]  [ Superior Court]
                                         Jail  potential       Fine max         Probation
         1st degree           10- 20 years            $200,000        [presumption of jail]
         2nd degree          5-10 years               $150,000        [presumption of jail]
         3rd degree           3- 5 years                $15,000          1 year- 5 year
         4th degree           0- 18 months           $10,000          1 year- 5 year

         There are many other penalties that the court must impose in criminal case.  There are dozens of other penalties a court can impose, depending on the type of matter.


         If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!