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

Thursday, November 1, 2012

New Book & CD- Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court

     New Book & CD- Handling Drug, DWI & Serious Motor Vehicle Cases in Municipal Court
This informative book and CD on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. 

An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. 

300-page book, CD with sample forms, documents & checklists!
The CD included more than 100 forms
Contact NJ ICLE to listen to program on CD in your car, book, and forms CD.

Speaker/Author: Kenneth Vercammen
Speaker/Author: John Menzel
Speaker: William Brigiani
Speaker: Denis Driscoll
Speaker: Stephen Williams
Speaker: Maria Koch
Program Agenda:

Opening comments and Criminal Traffic Case Law Update – Kenneth A. Vercammen, Esq.
-What to expect on your day in court; procedural issues; driving while suspended; probationary drivers – Stephen D. Williams, Esq.

-The Prosecutor's Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues - Denis F. Driscoll, Esq.

-Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors how to impress the court and not annoy the court staff - Hon. Maria Del Valle Koch, JMC


-Recent developments in plea bargaining, drug, and domestic violence cases in municipal court - William G. Brigiani, Esq.

-Issues in DWI cases - DWI interview; What defendant counsel does after the interview; Field Sobriety ad HGN; Alcotest - John Menzel, Esq.

-Point Counter Point on DWI - John Menzel, Esq.; Denis F. Driscoll, Esq.

A special Q&A session: Ask the Experts

Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA

NJICLE, A Division of the NJSBA NJ State Bar Association

    Contact NJ ICLE for CD, book, Video

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)   732-572-0030

Tuesday, October 16, 2012

2C:43-11 ISP in NJ Program of intensive supervision, eligibility.

2C:43-11 ISP in NJ   Program of intensive supervision, eligibility.
2. a. No custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey if the inmate:

(1)Is serving a sentence for a conviction of any crime of the first degree; or

(2)Is serving a sentence for a conviction of any offense in which the sentencing court found that there is a substantial likelihood that the defendant is involved in organized criminal activity pursuant to N.J.S.2C:44-1a.(5); or

(3)Is serving any statutorily mandated parole ineligibility, or any parole ineligibility imposed by the court pursuant to subsection b. of N.J.S.2C:43-6 or section 6 of P.L.2007, c.49 (C.2C:43-6.5); or

(4)(Deleted by amendment, P.L.2008, c.30)

(5)Has previously been convicted of a crime of the first degree, or of any offense in any other jurisdiction which, if committed in New Jersey, would constitute a crime of the first degree and the inmate was released from incarceration on the first degree offense within five years of the commission of the offense for which the inmate is applying for intensive supervision.

Nothing in this subsection shall be construed to preclude the program of intensive supervision from imposing more restrictive standards for admission.

b.Unless the inmate is within nine months of parole eligibility and has served at least six months of the sentence, no custodial sentence of an inmate serving a sentence for conviction of any crime of the second degree shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey, if, within 20 days of receipt of notice of the inmate's application, the county prosecutor or Attorney General objects in writing.

c.If an inmate's application for a change of custodial sentence to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey is granted over the objection of the county prosecutor or the Attorney General, the order shall not become final for 20 days or until reconsideration by the Intensive Supervision Resentencing Panel in order to permit the county prosecutor or the Attorney General to appear personally or in writing, with notice to defense counsel, to request reconsideration of the application approval.

d.A victim of the offense for which the inmate was sentenced shall have the right to make a written statement or to appear at a proceeding regarding the application for a change of custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C for entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey.

Wednesday, September 5, 2012

New free mobile app New Jersey Criminal and traffic Statutes

New free mobile app
New Jersey Criminal and traffic Statutes

This App contains a detailed list of New Jersey Criminal and Traffic statutes as well as informative articles by the top attorney in New Jersey, Mr. Kenneth Vercammen, esq.
Since 1985, KENNETH VERCAMMEN has practiced law in New Jersey and has an extensive resume of legal success.
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.

Wednesday, June 13, 2012

NJ Laws Email Newsletter E392

Greetings Kenneth Vercammen,
A special thanks goes out to the over 100 attendees of Kenneth Vercammens St. Patricks Day Party which was held at Bar A in Belmar on March 16, 2012.
Stay tuned for details on Kenneth Vercammens Annual Summer Blast which will also be held at Bar A!
1. US Supreme Court rules Lab Report Not Admissible in DWI Case.Bullcoming v New Mexico131 S. Ct. 2705 (2011)
The Sixth Amendments Confrontation Clause gives the accused [in all criminal prosecutions, . . . the right . . . to be confronted with the witnesses against him. In Crawford v. Washington, 541 U. S. 36, 59, this Court held that the Clause permits admission of [testimonial statements of witnesses absent from trial . . . only where the declarant is unavailable, and only where the defendant has had a prior opportunity to cross-examine. Later, inMelendez-Diaz v. Massachusetts,557 U. S. ___, the Court declined to create a forensic evidence exception to Crawford, holding that a forensic laboratory report, created specifically to serve as evidence in a criminal proceeding, ranked as testimonial for Confrontation Clause purposes. Absent stipulation, the Court ruled, the prosecution may not introduce such a report without offering a live witness competent to testify to the truth of the reports statements.
The Confrontation Clause, the opinion concludes, does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performance of the test reported in the certification. The accuseds right is to be confronted with the analyst who made the certification, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist.
More law videos at the NJ LawsTube:
A bill introduced in Trenton would decriminalize and ease the penalties for simple possession of marijuana. Current New Jersey law makes possession of 50 grams or less of the drug a disorderly persons offense. The bill,A-4252, would subject possessors of 15 grams or less of marijuana to civil penalties only, collected by the municipality where the offense takes place. The proposed penalties are $150 for a first violation, $200 for a second and $500 for a third or subsequent one. The measure also would amend N.J.S.A. 2B:12-17 to establish the new offenses as subject to municipal court jurisdiction.
Source: NJLJ Daily Briefing
3. Contesting a Will Can Be Extremely Difficult
When a will is contested, it usually means that one or more family members feel they have been unfairly cut out or shortchanged. According to Bizactions, the process varies from state to stateand it must be done within certain time limits or the opportunity is lost.
Court Upheld Will that Cut Out Relatives
A Rhode Island court upheld a womans will that ignored her nieces and nephews and left most of her assets to a home caregiver she only knew for 18 months. Her relatives sought to invalidate the will alleging a lack of testamentary capacity and undue influence.
Facts of the case. Ann Marie Picillo was already frail and receiving in-home hospice care when she changed her will, according to court documents. She contacted an attorney, Richard Walsh, who represented her in a variety of matters over 18 years and asked him to come to her home. However, Walsh was unable to execute a new will that day. Picillo was anxious to complete her will and summoned another attorney. The second attorney decided against preparing the will citing concerns about testamentary capacity, as well as the possible undue influence. Walsh, her original attorney, then came to the home and met privately with Picillo. Although previous drafts of her will created charitable trusts for animals, Picillo told the attorney her wishes had changed. She now wanted to leave her the bulk of her assets to her employee-caregiver, Cristina Castellanos.
The two women met when Picillo was hospitalized and Castellanos was a nursing assistant. After hiring her, Picillo moved the caregiver and her sons to an apartment she owned, sent the children to camp, bought them a dog and spent time with the family. Picillo suffered from several conditions including rheumatoid arthritis. She was immobile, emaciated, had one leg amputated, and was prescribed morphine for pain.Several witnesses testified that Picillo raved about her relationship with Castellanos. Without her care, Picillo told Walsh, she would certainly be in a nursing home -- which she vehemently opposed. Her feelings for Castellanos were in contrast to the animosity Picillo expressed for her nieces and nephews. Both attorneys testified Picillo wanted them out of her will. While the reasons for the negative feelings werent clear, the court found two incidents enlightening. The first was when a nephew living with Picillo wouldnt feed her in the mornings. The second was when a niece left her alone for a weekend without food, sitting in her own waste.After Picillo met with Walsh, he quickly executed a new will. She died 10 days later. The court found Walshs testimony credible, pointing to his long relationship with Picillo, his 24 years of experience practicing law, and the fact he completed more than 200 wills. The court stated there was a true and caring relationship between the caregiver and Picillo, that she had testamentary capacity and there was no undue influence. Her will is a reflection of the relationships she built during her lifetime, the court added and the relationships she most appreciated as her demise became inevitable. (Estate of Picillo, R.I. Superior Court, KP2007-1217, 4/26/11)
The expected natural manner, which means to spouses, children and other blood relatives. If a will is changed shortly before death to give everything to a neighbor or a new acquaintance, family members are likely to mount a challenge.However, it can be extremely difficult to successfully contest a will. Courts are reluctant to interfere with the wishes of deceased individuals and require substantial evidence to overturn a will. The goal of courts is to determine testators true intentions. (For an example of one case in which a court upheld a will executed 10 days before a woman died, see the right-hand box.)Here are the basic reasons a will can be contested:
1. Undue Influence. Was the decedent pressured or influenced during the drafting of the will by someone in a position to benefit from it?
One way this might be proved is with the existence of an earlier will that was significantly different.
For example, a father signs a will naming his daughter and his son as equal beneficiaries of his estate. He gives copies to both children. Ten years later, the father becomes ill and moves in with his daughter. She restricts her brother from seeing him. A short time later, the father dies and the brother finds out that the will was secretly rewritten with all assets going to his sister. He challenges the will on the grounds that his father was unduly influenced and the prior will should be reinstated. The brother claims he was prevented from seeing his father. However, the sister argues that she took care of the father and the brother ignored him. That is her understanding of why the father changed his will.
2. Lack of Capacity. Was the decedent mentally able to understand what he or she was signing? Could the person identify his or her assets and their value? Did he or she know the family members?
Challenges can occur when individuals are sick, weak, and heavily medicated. But merely being in failing health is not enough to successfully contest a will. Courts look at the facts and circumstances to determine if a person was mentally competent. Even someone with Alzheimers disease can be shown to be in a lucid state at the moment a will was executed.
To show capacity, medical records are important. In some cases, a letter is secured from a doctor at the time a will is executed stating that the person signing a will is mentally competent. Additional witnesses (more than legally necessary) can be present at the signing of the will to provide further evidence that the testator had the necessary capacity.
3. Improper Execution. Was the will signed? Was the signature a forgery? Was there fraud involved? Were the required number of disinterested witnesses in the room when the will was signed? Were the required questions asked in front of the witnesses?
A will can be contested if it is not properly executed. In fact, a court may determine on its own that a will is invalid and not acceptable for probate if formalities were not complied with, including the lack of an affidavit of attesting witnesses. Having an attorney supervise a will provides the presumption that a will was properly executed.
Ways to Help Minimize the Chance of a Will Contest
If you are concerned there may be a dispute over yourestate someday, proper drafting and execution of the willcan go a long way toward making sure your wishes are ultimately carried out.In addition, you may be able to move assets into a trust or vehicles that pass outside of a will, such as a revocable living trust. You may also want to:
Insert a no contest or in terrorem provision into your will that states that if any named beneficiary in contests or seeks to invalidate it because of undue influence or lack of capacity, the person will be disinherited (although this depends on the laws of the state).
Consult with your attorney about specific, proactive steps you should take to ensure your wishes are carried out.
4. Community Events in April
April 14 Edison Elks Installation
April 25 ICLE Nuts and Bolts of Elder Law - NJ Law Center
Charity Running races:
April 21 Runapoloza Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party
April 22 Stomp the Monster 5K Marlboro, NJ. The USAT-certified5K goes off at 10:30.The event includes a festival featuring beer, food and fun after the race
April 28 Lake Como 5k 10:00 free food and reduced price drinks Bar A after race
April 28 Hugs for Brady 6pm
April 29 Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century - 7:30 AM, $45.00 40 Mile 6 Towns of Franklin -


NJ Laws Email Newsletter E398
Kenneth Vercammen, Attorney at Law   

June 6, 2012

Office Phone Number:   
(732) 572-0500

In This Issue:
1. State should present some proof of jurisdiction of court

2. Join the NJ State Bar Association NJSBA and Receive for Free the Daily Briefing as a Member Benefit.

3. To Do Before Summer: Review Your Estate Plan By Susan M. Green, Esquire, Begley E-Lert Editor

4. Welcome Summer Law Students

5. If You Are Hurt In An Accident, We Can Help

6. Fun Upcoming Charity Running Races 2012

7. Tables Available to Borrow.

8. Thank You for Your Referrals and Positive Comments!

Greetings Kenneth Vercammen,   

1. State should present some proof of jurisdiction of court. State v Sylvia 424 NJ Super. 395 (App. Div. 2012)

    Defendant was found guilty of driving while under the influence, N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. On appeal to the Law Division, defendant first challenged the territorial jurisdiction of the municipal court. The Appellate Division concluded that the claim should be assessed under the standards applicable in criminal prosecutions as set forth in State v. Denofa 187 N.J. 24, 44, 46 (2006). In this case the court found the evidence of jurisdiction adequate.
2. Join the NJ State Bar Association NJSBA and Receive for Free the Daily Briefing as a Member Benefit.

    The NJ Law Journal & NJSBA will email daily updates in cases. To join the NJSBA as an attorney member, or Associate member contact NJSBA Member Services at 732-249-5000 ext. 2300. More benefits can be found at
     We also subscribe to the New Jersey Law Journal to receive more detailed case squibs. The unreported case squibs below are examples of NJSBA Law Journal member benefits. To subscribe to the NJ Law Journal call 973-642-0075.

3. To Do Before Summer: Review Your Estate Plan   By Susan M. Green, Esquire
Begley E-Lert Editor

     It's that time of year again - vacation season! The pre-vacation To Do list keeps getting longer and longer: pack a swimsuit, stop the mail for the week, ask neighbors to water the flowers, set up transportation to the airport. But before you leave for some fun in the sun, add one more item to your To Do list - review your estate plan. Sometimes we become so busy getting ready for relaxation and family time that we overlook the reality that with increased travel comes increased risk. Unfortunately, travel accidents occur everyday, and it would be remiss to neglect to ensure that your affairs are in order before leaving for your trip.

Parents of Minor Children

It is essential that couples with young children have estate plans in place to deal with the unlikely, but possible, scenario that both parents pass away, leaving their children orphaned.

Name preferred guardians.

In your will, you have the opportunity to name the individuals whom you would wish to act as a legal guardian of your child(ren) in the event that you and your spouse have both passed away. It is important to note that naming someone does not guarantee that the individual will definitely act as guardian of your child(ren). That individual must accept the guardianship. Further, a court has the authority to name another individual if there is an appropriate reason to do so.

Create trusts for minors' inheritances.

A second important action for parents of minors is to provide in their wills that any inheritance received by a minor be held in trust. The parents must also choose and name a trustee to administer these funds until the child reaches a specified age. An individual or a corporate trustee may be named; however, many corporate trustees will refuse to accept trusteeship of trust funds under certain amounts.

Successor Executors and Trustees

Many people, whether or not they have minor children, will name only one executor, typically a spouse. It is essential to name successor executors because it is inevitable that one spouse will predecease the other. Once the surviving spouse passes away, someone must be named to administer that estate. Further, a successor executor must be in place in case the primary executor, while still alive, becomes incapacitated or unable to fulfill his or her executorial duties. We typically recommend naming at least two successor executors to provide for these contingencies.

As noted previously, when setting up a trust, it is essential to name a trustee. As with executors, it is necessary to name one or more successor trustees.

Advance Directives and Powers of Attorney

Before leaving for summer vacation, you should also make sure that your advance directives and powers of attorney are up to date. These documents operate while you are still alive, but you are incapacitated and unable to make your own decisions. In the advance directive, you should clarify your preferences for the provision or withdraw of life-sustaining treatment. In the healthcare power of attorney and general durable power of attorney, you should name an agent, as well as successor agents, to act in your stead if you are unable to do so.

Update Existing Documents

Even if you already have documents in place, review them. Circumstances change. Children and grandchildren are born, elderly relatives pass away, or individuals may develop disabilities. You may have purchased a vacation home in another state or received a large inheritance. All of these life changes, as well as changes in laws, affect your estate plan. Documents ought to be reviewed annually to ensure that everything is in order... then, it's time to enjoy that vacation!

Source: Tom Begley, III Begley Law Group, 509 South Lenola Road, Building 7, Moorestown, NJ 08057. 

Tom Begley, Esq. and Kenneth Vercammen, Esq. have lectured together at many legal seminars over the years.

4. Welcome Summer Law Students:

Kenneth Vercammen and Associates welcomes the following summer law students who are working on legal matters, community seminars, and are updating the Blog:

Ashley Murphy
Ms. Murphy received her Bachelor's Degree from Seton Hall University in Liberal Arts, majoring in Political Science. She will be entering her 3rd year at Widener University School of Law.

Dipa Patel
Ms. Patel received her Bachelor's Degree from Rutgers' University in Liberal Arts, majoring in Political Science and Economics. She will be entering her 3rd year at Florida Coastal School of Law. She speaks fluently in Gujarati.

Kylie Cohen
Ms. Cohen received her Bachelor's Degree from Seton Hall University in Liberal Arts, majoring in Philosophy, Fine Arts, and Spanish. She will be entering her 2nd year at Seton Hall University School of Law.

Jay Patel
Mr. Patel has received his Bachelor's Degree from Rutgers' University in Liberal Arts, majoring in Political Science. He will be entering his 2nd year at Widener University School of Law. He speaks fluently in Gujarati.

Jesse Long
Mr. Long just graduated Muhlenberg College in May of 2012, receiving a Bachelor's Degree in Liberal Arts, majoring in Politcal Science. He also minored in Business Administration.

Morgan Lobello
Mr. Lobello received his Bachelor's Degree from La Salle University in Liberal Arts, majoring in Criminal Justice. He will be entering 3rd year at Roger Williams University School of Law.

Ryan Amberger
Mr. Amberger received his Bachelor's Degree from Wagner College in Liberal Arts majoring in Business Administration with a concentration in Finance. He will be entering his 2nd year at Rutgers School of Law-Newark.

Taylor Votek
Ms. Votek is entering her junior year as an undergraduate at The University of Miami. She is studying Political Science and Economics with a minor in English and plans to go to law school upon graduation. 

5. If You Are Hurt In An Accident, We Can Help
         If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.

6. Fun Upcoming Charity Running Races 2012
June 9, 2012   LavaLove Triathlon, Lavallette Jersey Shore Tri Club 6:40am men
June 9, 2012  JSRC Pre Father's Day 5K, 9:00 Allenhurst/Ocean Mike W race director 9am
June 10, 2012 Metuchen Fuce 5k   8:30  
June, 12, 2012Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park 7pm
June 16, 2012  George Sheehan Classic now 5k, 8:30 Red Bank
June 16, 2012  Summer Sunrise 8:30 Quality CJRR event
June 17, 2012 Long Branch Triathlon #1 Long Branch, Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028
June 18, 2012  PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party
June 23, 2012  Rumson Hash's 10 mile, 10 bar- Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. They start at 10:17 at the Long Branch Train Station, then stop at Bars in Long Branch, Deal, Loch Arbour, Asbury Park, Ocean Grove, Bradley Beach and Belmar. Finish at Bar A
 7. Tables Available to Borrow.

   Having a party, First Communion, Graduation?    Friends can borrow our Folding Tables, wooden folding chairs, coolers.  I had my first summer party back when I was in college. I have accumulated tables and other social event items. We keep these tables, etc in the garage at the law office. If you wish to borrow, just call office to arrange time to pick up. Just bring back clean and don't break them. 732-572-0500 
[already borrowed for June 15-17]

8. Thank You for Your Referrals and Positive Comments!
         Kenneth Vercammen, Esq. would like to thank all those clients and friends who referred their family and friends to us last month! Kenneth Vercammen & Associates, P.C. prides itself on doing the very best it can for you, and those closest to you. 

            Editorial Assistance provided by Ashley Murphy.