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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

E489: 1. Recent cases: Double jeopardy bars crime prosec.

In this issue:
1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court.
2. Criminal mischief is grounds for domestic violence.
3. If You Are Hurt In An Accident, We Can Help
4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys

1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court.
State vs. 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 video conference 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.

2. Criminal mischief is grounds for domestic violence.
N.T.B. VS. D.D.B. 442NJ Super.205 (App. Div. 2015)
In this appeal, the court determined that a spouses damage of a door within the couples jointly-owned marital home may constitute the predicate act of criminal mischief, N.J.S.A. 2C:17-3, through harm to the property of another, thereby supporting a finding of an act of domestic violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.

3. 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. If we cannot help, we can possibly refer you to another attorney who handles the type of case

4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys

April 185:00 PM- 9:00 PM NJ Law Center
Includes a 240 + page book, plus CD with sample forms, documents & checklists! Also, dinner will be served.

-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA Municipal Court Practitioner of the YearEdison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury

General Tuition, reduced fee for NJSBA Elder and Disability Law Section and NJSBA Young Lawyers Division ( Free for Superior Court Judges) Seminar # S15900W6

NJSBA Member Price is reduced- To qualify for this reduced price, you must provide your NJSBA member # at the time you place your order. If you place your order without providing your NJSBA member # you will be charged the regular price.

More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing. The non- profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732) 214-8500

Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in todays society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.

This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. Youll also gain insight on how Federal Medicaid Reform will impact your practice.

Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; I love you Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency and more

NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.
Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division

Materials in 240 page Book provided to all attendees

If you are happy with our services, please be sure to like us on facebook, follow us on twitter, and endorse us on Linked in:

Editorial assistance provided by Isabel Hager-Johnson. Ms. Hager-Johnson is participating in Kenneth Vercammens Spring Law Clerk Internship Program and will be attending law school in the fall.
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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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.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates

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