Metlife Hyatt Legal Plan Wills, Power of Attorney, Living Wills and esta...

Hyatt Metlife Will preparation online by Kenneth Vercammen’s Law Office without having to travel to law office and follow up consults over phone & online.

   To assist Hyatt Metlife members we now offer document preparation remotely and consults. We are concerned about your health and well being.
1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.

2. Metlife Hyatt attorney needs emailed:

Claim Number [s] __

Last four digits of Social  or Member ID 

    For example, in estate planning, Metlife Hyatt pays for 

-Wills for husband & wife   [need only one claim number for Wills]

-Power of Attorney for husband & wife  [need only one claim number for Power of Attorney]

-Living Will husband & wife [need only one claim number for Living Will]

   So obtain three claim numbers for estate planning.

HYATT Metlife members should call HYATT Metlife legal at 800.821.6400to obtain an authorization numbers for each Will, Power of Attorney and Living Will you want. 

Members can also obtain authorization numbers online at https://members.legalplans.com/Home

Also determine if they use last four digits of Social or a member ID.

  The attorney cannot obtain that.

3. On Will Questionnaire Type response/ Fill in details., Email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

4. Ken V will call to discuss after typed interview form received.

5.  We will draft documents and email to you.  Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

      The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

        We sometime sign in the parking lot if you bring a witness age over 20 and documents signed within 21 days of preparation.

AG Grewal Releases Guidance on Municipal Court Prosecutions of COVID-19 Related Offenses AG Grewal Releases Guidance on Municipal Court Prosecutions of COVID-19 Related Offenses Municipal COVID Guidance spacer

AG Grewal Releases Guidance on Municipal Court Prosecutions of COVID-19 Related Offenses

TRENTON – Attorney General Gurbir S. Grewal   released guidance addressing prosecutions of COVID-19 related offenses, which is designed to ensure that there is accuracy, uniformity and consistency by municipal prosecutors and in municipal courts throughout the state. “While the vast majority of New Jersey residents followed the Governor’s Executive Orders and helped us to slow the spread of COVID-19 and save lives, and continue to do so, some did not,” said Attorney General Grewal. “We have a duty as law enforcement officers to bring violators to justice, and to do so in a way that ensures uniformity. We also have a responsibility to exercise discretion in the interests of justice, including to use diversion programs and community court if available. My guidance today advises municipal prosecutors on the best ways to achieve those important goals of uniformity and consistency, deterrence, and responsible discretion.” The guidance emphasizes that no municipal prosecutor may adopt a categorical policy or practice of refusing to enforce COVID-19 related charges, but provides a significant number of options for the exercise of prosecutorial discretion in individual cases to achieve the interests of justice. The guidance notes that a categorical policy of refusing to enforce such charges would be inappropriate because each charge had already been reviewed and approved by a designated county prosecutor or assistant prosecutor—as the Attorney General previously required—and also that such a policy would lead to disparate administration of these laws. The guidance does provide municipal prosecutors with significant options for using discretion in appropriate cases involving violations of the Governor’s Executive Orders. The guidance makes clear that prosecutors may accept a plea to a lesser or other offense, move to amend an original charge, and request dismissal of a charge. While one reason to do so would be where the prosecutor believes there is insufficient evidence, the guidance adds that other factors include the individual’s age and criminal history, and the nature and circumstances of the offense, including whether the individual had been previously warned, whether their offense jeopardized the health, welfare, or safety of another person, including a minor, and whether their misconduct required a significant law enforcement or first responder response. In general, “a municipal prosecutor may also consider the impact of adverse collateral consequences of a conviction based on the specific circumstances or factors presented by the defendant or elicited by the court.” The guidance also emphasizes the role of condition dismissals, diversion programs and community court, whenever appropriate in the interest of justice. Factors again would include the nature and circumstances, the actions of the defendant, and the needs and interest of any victim. The guidance addresses the impact of Executive Order 152. Last week, Governor Murphy announced that, going forward, all outdoor political activity—and all outdoor worship services—would be permitted to gather in any number, in recognition of the lower risks of COVID-19 transmission outdoors and the centrality of these activities to society. The guidance makes clear that in order to “ensure that all outdoor political activities and outdoor worship services receive uniform treatment,” the Attorney General is directing prosecutors to dismiss the limited number of Executive Order violations that were previously filed against organizers of outdoor political protests or outdoor religious services. Based on the information the Division of Criminal Justice has to date, five individuals have been charged with such violations, and no individual protestors or worshipers have been cited.

https://www.nj.gov/oag/newsreleases20/pr20200617a.html

Spring 2020 top cases Municipal Court Law

 Spring 2020 top cases Municipal Court Law 

1. No more phony stop for license plate holder partially obstructing Garden State name State v Roman- Rosado

2. Elimination of mandatory DL suspensions related to drugs and other offenses

3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated   

4. No Insurance 39:6B-2  Mandatory suspension on no insurance eliminated

5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense

6. Driver’s license suspension for Failure to comply with installment order Repealed

7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal

State v. Thompson

8. Roadside statements inadmissible where roadside stop was improper State v. Alessi

9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy 

10. Annual Happy Hour & Networking Social July 10, 2020

11 photo Expungement seminar

1. No more phony stop for license plate holder partially obstructing Garden State words State v Roman- RosadoA-3703-17T4

Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).

In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.

Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.

For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.

Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).

2. Elimination of mandatory DL suspensions related to drugs and other offenses

On December 20, 2019, Governor Murphy signed S1080 into law as L. 2019, c. 276. Two provisions of this new law, namely Section 12 and subsection b. of Section 20, took effect on December 27, 2019. The remainder of this new law will take effect on January 1, 2021. 

Section 12 and subsection b. of Section 20, took effect on December 27, 2019 when the Governor submitted a certification to the Secretary of Transportation expressing his opposition to the enactment or enforcement of a law requiring driver’s license suspension for drug offenses as set forth in 23 U.S.C. § 159(a)(3)(A).

 Section 12 amended N.J.S.A. 39:4-49.1 to eliminate the suspension, revocation or postponement of driving privileges for a person who operates a motor vehicle on a highway while knowingly having in the person’s possession or in the motor vehicle any controlled dangerous substance or prescription drug without a valid prescription. Regarding the fine, this section excludes those persons who violate the provisions of N.J.S.A. 2C:35-10 (Possession, use or being under the influence, or failure to make a lawful disposition) 

Also effective on December 27, 2019 is subsection b. of Section 20, which repealed N.J.S.A. 2C:35-16 and 39:5-30.13. New Jersey Statute 39:5-30.13 allowed for the suspension or postponement of driving privileges for persons convicted of or adjudicated delinquent for a drug offense in State court, federal court, or the District of Columbia. This law has been repealed. 

Also repealed effective December 27, 2019 is N.J.S.A. 2C:35-16 which provides for the forfeiture or postponement of driving privileges of anyone convicted of or adjudicated delinquent for an offense under Chapters 35 or 36 of Title 2C as well as the suspension, revocation or postponement of driving privileges for those persons admitted to supervisory treatment, i.e., conditional discharge under N.J.S.A. 2C:36A-1, or pretrial intervention under N.J.S.A. 2C:43-12, without a plea of guilty or finding of guilt. DL suspension for Conditional Discharge eliminated.

repealed 2C:35-16 - Forfeiture or postponement of driving privileges for conviction for a person convicted of or adjudicated delinquent for a violation of any offense defined in chapter  35 Drugs or chapter 36 Paraphernalia

3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated   The legislature did away with loss of license for the CDS in motor vehicle 39:4-49.1.  New:A person shall not operate a motor vehicle on any highway while knowingly having in the person's possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c. 226 (C.24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in humans or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

A person who violates this section, except a person who violates the provisions of N.J.S.2C:35-10, shall be fined not less than $50.

4. No Insurance 39:6B-2  Mandatory suspension on no insurance eliminated

33:1-81 Misrepresenting age to induce sale or delivery to minor; disorderly person –No more mandatory DL suspension

39:4-56.5 Abandonment of motor vehicle revised 2019- No more DL suspension 

5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense,a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State N.J.S.2B:12-31

Repealed 2A:4A-43.3.Suspension, postponement of right to operate motor vehicle [was with 2A:4A-43) for an initial act of graffiti ] section 6 of P.L.1995, c.251 (C.2A:4A-43.3);

Repealed 2C:33-3.1 Penalties for juvenile violating N.J.S.2C:33-3.False public alarms. No more Driver license suspension section 2 of P.L.1999, c.195 (C.2C:33-3.1);

6. Driver’s license suspension for Failure to comply with installment order Repealed 39:4-203.2.

39:5-30.13. repealed Suspension, revocation, postponement of driving privilege for persons convicted of certain drug offenses in any federal court or other states

39:4-56.5 Abandonment of motor vehicle revised 2019

No more DL suspension 

7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal

State v. Thompson

    In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).Docket A-1909-19T6  

     Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion. 

     Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!

https://www.law.com/njlawjournal/almID/1581570609NJA190919T/

8. Roadside statements inadmissible where roadside stop was improper State v. Alessi

The circumstances of this case do not legitimize the stop. Law enforcement must have reasonable and articulable suspicion of a traffic violation, the commission of a crime, or unlawful activity before executing a traffic stop. Accordingly, the roadside statement given by defendant during the unlawful stop should have been excluded at trial, and the Court affirms the Appellate Division’s reversal of her convictions for hindering apprehension and false reporting. Because defendant’s roadside statement permeated the trial, severely affecting her credibility and ability to mount a defense to the separate burglary charge, that conviction is reversed as well. 14-1-3686 

9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy 

 SUPREME COURT OF NEW JERSEY  

Pursuant to N.J. Const. Art. VI., sec. 2 par. 3, it is ORDERED that, effective immediately and until further order, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey," which is an Appendix to Part VII of the Rules Governing the Courts of the State of New Jersey, are supplemented and relaxed so as to permit plea agreements in post-conviction relief cases affected by the Supreme Court decision in State v. Eileen Cassidy, 235 N.J. 482 (2018). 

This limited rule relaxation applies only to post-conviction relief proceedings in which evidential breath samples from defendants in driving while intoxicated (DWI) cases were procured using Alcotest machines calibrated without using a NIST-traceable thermometer, namely, the approximately 13,000 cases that involve findings of guilt, either by trial or by plea, referred to in the Court's January 29, 2019 order that designated a Special Master to make judicial and administrative decisions in matters affected by the Court's decision in Cassidy. 

In all other aspects, including for all cases not affected by the Court's decision in Cassidy, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey" remain in full force and effect. December 18, 2019 

10. Annual Happy Hour & Networking Social July 10, 2020 Co- sponsors requested

       Co-sponsored by NJ State Bar Association Sections & several Chambers of Commerce 

   For the past five years different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July  10, 2020 at Bar Anticipation from 5:30-7:30. 

            We are requesting professional groups serve as co-sponsor for this Happy Hour.  There will be no cost to a professional group, and great benefit for your members.  It may even be a source of new members.  We only ask that you help publicize the event.  There will be a small table to greet members. 

Location: Bar Anticipation  

703 16th Avenue

Lake Como/ Belmar, NJ 07719 

Free food 5:15-7:15. The reduced price Happy Hour is 6-7PM with $2.00 House Drink, House Wine Special or Bud/Bud Light draft. We provide special VIP wristband.

     We ask each attendee to bring a canned food donation for the St. Matthews St. Vincent Food Bank.  

11 New trial ordered where police did not give full Miranda warning

State v Hager 

     The court considered whether the omission of one of the Miranda warnings during custodial interrogation adequately conveys the substance of the warnings and concluded it did not, notwithstanding the fact that defendant continuously interrupted the administration of the warnings. Acknowledging out-of-state authority holding that a suspect may waive Miranda warnings by interrupting their delivery, the court concluded that the suspect's interruption of the warnings does not discharge law enforcement of their duty to deliver them. Finding that the erroneous introduction of the partially unwarned statements was not harmless error, the court reversed defendant's conviction, which followed a bifurcated jury trial, and vacated his guilty plea on the weapons offense. Relying on United States v. Pagane, 542 U.S. 630 (2004), however, the court rejected defendant's contention that suppression of the weapon was mandated as a remedy for the Miranda violation despite the fact that the weapon was seized as a result of a search warrant based on the statements. (14-07-0678)

Allan Marain Esq. and Ken Vercammen speakers at Expungement seminar

Expungements to remove criminal arrests continue to be processed. The new Expungement law is starting in June 2020.

add if space

Mr. Marain notes on his website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?

N.J. Municipal Court - Law Review SUBSCRIPTION INFO

      Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review.  This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.

      Vouchers accepted. Please send a stamped, self-addressed envelope for their return.  Multiple subscriptions encouraged.

      Please must send a $20.00 check payable to Vercammen & Associates, PC. 

Name:    ______________________________________

(or staple business card here)

Address:______________________________________

            

We also need your email address ________________________ 

Return to:

Kenneth A. Vercammen, Esq.,    

                Editor- NJ Municipal Court Law Review   

                2053 Woodbridge Ave.

                Edison, NJ 08817

                732-572-0500

               Tax ID # available

Criminal Articles from NJLaws Website and BeNotGuilty.com website

http://criminalarticle.blogspot.com

Criminal Law- Recent Cases

http://njcriminallaw.blogspot.com/

Cut & paste all reported and sometimes unreported criminal case squibs from NJ Judiciary.

Criminal Statutes and Criminal Jury Charges 

http://criminal-jury.blogspot.com/

Drug & DWI Law 

http://drugarrest.blogspot.com

Motor Vehicle Articles and NJ Title 39 Motor Vehicle laws http://njmotorvehicle.blogspot.com/

Municipal Court and Police Phone number and Directions 

http://njpolice.blogspot.com/ 

New NJ Statutes , Recent cases and Court Rules

http://njstatutes.blogspot.com

Traffic Law & Municipal Court- Articles from BeNotGuilty.com 

http://traffic-law.blogspot.com/

Defending DWI and Drug Possession (2020) Bound book

List Price: $59.00 USD

NJ State Bar’s new book

Written by: Kenneth A. Vercammen

     This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.

This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.

Special Feature: Over 50 modifiable forms and motions

Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.

Bonus!Also includes a section on marketing the DWI and drug defense practice.

Table of Contents:1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice 

Book # 1177719   New Jersey Institute for Continuing Legal Education  A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com

https://tcms.njsba.com/personifyebusiness/njicle/Store/ProductDetails.aspx?productid=46708744

March 4 meeting- President JohnLeo Fedorka and Kenneth Vercammen Retired Police & Fire Middlesex & Monmouth Local 9

March 4 meeting- President JohnLeo Fedorka and Kenneth Vercammen
Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2019-2020  Please post

March 4, 2020  at 12 noon 

 Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFAat South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879

  This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute discussion on recent cases will be followed by monthly meeting ofRetired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.

       For information or membership in Local 9, contact President JohnLeo Fedorka  Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement and fire can attend the update on Municipal Court.  Please share

    We welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.

        Speaker: KENNETH VERCAMMEN, Esq. of Edison

                 Contributing writer for the NJ Police Chief Magazine

Editor: NJ Municipal Court Law Review      

 Past President Middlesex Municipal Court Prosecutors Assoc

                                                                                                             

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org

  About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA. The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members, develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions.

https://www.facebook.com/events/513334419395914/s