Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year and is a lecturer for American Bar Association on Estate Planning for Same Sex Couples. He was a speaker at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals.
To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500

Thursday, August 14, 2014

Defense to Assault

Defense to Assault


Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C:12-1 Assault.
     2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
     Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
     b.Aggravated assault. A person is guilty of aggravated assault if he:
     (1)Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
     (2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
     (3)Recklessly causes bodily injury to another with a deadly weapon; or
     (4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or
     (5)Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500


   
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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Wednesday, July 16, 2014

Professionals, Attorneys, Business owners invited to Happy Hour & Networking Social

Professionals, Attorneys, Business owners invited to Happy Hour & Networking Social
Friday, July 18, 2014
 5:00PM - 7:00PM
   at Bar Anticipation
703 16th Avenue
Lake Como/ Belmar, NJ 07719
      
    Free !
5-7PM Hot & Cold Buffet
The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special
   Please bring a canned food donation for the St. James Food Bank Hands of Hope, continuing providing food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
 www.njlaws.com/happy-hour.html

Co-sponsored by NJ State Bar Association, Middlesex County Estate Planning Council and several other business organizations

Friday, June 13, 2014

Gay and Lesbian Partners- Problems if No Estate Planning


In the absence of a marriage, Will or other legal arrangement to distribute property at death, your partner does not receive your assets and cannot administer your estate. The result can be lengthy delays and other problems. Individuals in gay or lesbian relationships need properly drafted Wills and estate planning documents more than opposite sex couples. The probate laws generally provide if a person dies without a Will, their property goes to family, rather than a partner they had a relationship with even for years or decades.

IF YOU HAVE NO WILL:
          
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator
* Possible additional State inheritance taxes and Federal estate taxes
*  If you have no marriage,  Civil Union , spouse, or close 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 between your partner and your family

Have a Power of Attorney prepared. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your partner cannot pay your bills or access your assets. 

Have a Living Will prepared. In the absence of a Living Will, marriage or other legal arrangement if you become disabled, your partner generally has no say regarding medical care or life support. Your partner cannot  access your assets. Your partner cannot receive information on your medical status or medical care. Advance directives are very personal documents and you should feel free to develop one, which best suits your own needs.

Saturday, April 5, 2014

Nuts & Bolts of Elder Law & Estate Administration Seminar

Nuts &  Bolts of Elder Law & Estate Administration Seminar  
        Wed, May 7  5:00 PM - 9:00 PM New Jersey Law Center One Constitution Square New Brunswick, NJ 08901  08901  Includes a 260-page book, plus CD with 500 pages of sample forms, documents & checklists! and dinner                                            
           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 today’s 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. You’ll 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
         Speakers:
-KENNETH A. VERCAMMEN, ESQ. Chair, ABA Elder Law Committee Past GP Solo Section Attorney of the Year Past NJSBA Municipal Court Practitioner of the Year  Edison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
$160.00 General   Tuition, reduced fee for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division
[Free for Superior Court Judges] Seminar #S57800S4
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 education service of 
The New Jersey State Bar Association  Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732) 214-8500 • Fax: (732)249-0383 • CustomerService@njicle.com
         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