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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

E493 Newsletter

Kenneth Vercammen, Attorney at Law

May 19, 2016


In this issue:
1) Recent cases: PTI Pre trial intervention can be reinstated.
2) Double jeopardy bars crime prosecution if a plea in municipal court.
3) Welcome Summer Law Student Law Clerks 2016
4) Free Simple Will, Power of Attorney or Living Will During Police Week.
5) Reflections on Memorial Day.

Recent cases
1. PTI Pre trial intervention can be reinstated State v AS-M
__ NJ Super __(App. Div. 2016)
The court held that a defendant terminated from the pre-trial intervention (PTI) program may be reinstated upon reconsideration. Such a reconsideration, which is not expressly precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28, is especially permissible when circumstances show the initial order terminating a defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43-13(e), including the obligation to undertake a conscientious judgment to (1) adequately consider whether the participant willfully violated the PTI conditions; and (2) determine whether the defendant remains a viable candidate for PTI under the original or modified PTI terms.

2. Double jeopardy bars crime prosecution if a plea in municipal court
State v Miles __NJ Super __ (App. Div. 2015) A-2692-12T1
The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana.
After defendant was indicted, he appeared pro se in municipal court via videoconference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing practice, the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge.
The court held that the subsequent prosecution and conviction on the indictable charge was barred under the same evidence test, which is still recognized under state constitutional principles. The court reasoned that the fundamental fairness doctrine did not apply, notwithstanding the States failure to join the disorderly offense with the indictable charges and defendants reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest.

3. Welcome Summer Law Student Law Clerks 2016
Nicholas C. Idler
WVU College of Law

Brian Lutz
Roger Williams Law

Adam Cardile
New York Law

4. Free Simple Will, Power of Attorney or Living Will during Police Week
To recognize National Police Week May 10-16, Kenneth Vercammens Law Office will provide a Free Simple Will, Living Will or Power of Attorney for active Jersey Police Officers. The details are attached. Appointments need to be scheduled by May 31.
I appreciate the service provided by police who protect my family. We want to say thank you to local police. Please call for the free probate consultation and Will. I am the co-chair of the American Bar Association ABA Estate Planning and Probate Committee. The ABA founded the Wills for Heroes program.
Ken Vercammen served as the prosecutor for Cranbury Township, Middlesex County for nine years. I established the Municipal Court Law Review to provide information on recent criminal and traffic cases to New Jersey police officers. We send out an email newsletter every two weeks if you are interested.
Simple Will or Power of Attorney for Central Jersey Police Officers to honor National Police Week
To recognize National Police Week, the Kenneth Vercammen Law Office will prepare a Simple Will for estates under $700,000 or Power of Attorney or Living Will/Advance Directive for Police Officers. We appreciate the service provided by police who protect my family. We want to say thank you to local police. I am a member of the American Bar Association. ABA has created the Wills for Heroes program.
Call 732-572-0500 to schedule a free confidential appointment. To accommodate our schedule, all consults need to be completed by May 31.
* State law determines who gets assets, not you
* Additional expenses will be incurred by your heirs and extra work will be required by the heirs of their attorney to qualify an administrator
* The Judge determines who gets custody of minor children
* If you have no spouse or relatives, the State may take your property
* The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes.
* It may also cause fights and lawsuits within your family
Call 732-572-0500 to schedule a confidential appointment. To accommodate our schedule, all consults need to be completed by May 31. Must meet in person with Ken V once. The CONFIDENTIAL WILL QUESTIONNAIRE is also online at:

A Power of Attorney typically permits someone to pay your bills and handle your finances if you become disabled. No one plans on disability, but it is best to prepare ahead of time. A Power of Attorney (POA) is an appointment of another person as ones agent to pay bills and handle finances during disability I served as the prosecutor for Cranbury Township, Middlesex County from 1991-1999 and continue to work closely with my friends in Law Enforcement.
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 vercammenlaw@njlaws.com
Contributing writer for the NJ Police Chief Magazine.
Past President Middlesex Municipal Court Prosecutors Assoc
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair- ABA Estate Planning & Probate Committee
Contributing writer for the NJ Police Chief Magazine.
Past President Middlesex Municipal Court Prosecutors Assoc
Honorary Member Retired Police & Fire Middlesex & Monmouth Local 9
Chair- ABA Estate Planning & Probate Committee

5. Reflections on Memorial Day
Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those that fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays. -- F L Lloyd West Chester, Pa USA
On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.

Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general publics nonchalant observance of Memorial Day. -- VFW Memorial Day address

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Editorial Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken Vercammens Summer Internship Program and currently a student at the West Virginia University College of Law.

Editors Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

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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:

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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