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

Monday, December 8, 2014

2c:14-4

A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted or alarmed.1
In order to establish the guilt of the defendant the burden is upon the State to prove beyond a reasonable doubt each of the following elements of the offense. They are that on
(date) in the page1image8792 page1image8992(place) the defendant committed an act: 1. which was flagrantly (conspicuously bad) lewd and offensive.
Lewd means sexually indecent behavior. Lewd acts shall include (but are not limited to) the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the defendant (or any other person).
Offensive means an act that is grossly vulgar and causing resentment, one which offends common modesty and delicacy.
2. which the defendant knows or reasonably expects is likely to be observed by non consenting persons who would be affronted or alarmed.
(Define Knowledge)
In other words the State must prove that the defendant intended his/her act to be seen or he/she was aware that (it was probable) it would be seen by casual observers if they had looked.
The defendant's act must be done knowingly and not accidental and further it must be under circumstances through which the defendant knew his/her conduct would or was likely to
1

page1image18128 page1image18288 page1image18448 page1image18608 page1image18768 page1image18928
The statute abandons the limitation of "public" lewdness and broadens the prohibited activities to private as well as public places relying instead on the "circumstances." N.J. Penal Code Commentary. p. 201. But see State v. Ramos, 203 N.J Super 206 (Law Div. 1985).
page1image21424 page1image21584


LEWDNESS (N.J.S.A. 2C:14-4) Page2 of2
cause alarm to those disinterested, casual, non-consenting spectators who would consider the behavior as threatening sexual aggression. 

Wednesday, November 26, 2014

WCTC 1450am radio Dec 2 Rutgers Bias case and Sayreville hazing case Judge Glen Berman JSC retired


Dec 2 Rutgers Bias case and Sayreville hazing case  Judge Berman
WCTC 1450am radio Tuesday 6pm show “NJ Law Talk with Ken Vercammen.”
Topics: Dec 2 Rutgers Bias case and Sayreville hazing case  special guest  Judge Glen Berman JSC retired
 Ken Vercammen is the new host of WCTC 1450am radio Tuesday 6pm show “NJ Law Talk with Ken Vercammen.”

       Listen on WCTC 1450am, or on the Internet at http://www.wctcam.com and now on I heart radio, just type in WCTC. To call in, dial 732-545-9282 or 888-545-9282 [WCTC]
Ken Vercammen is the author of the American Bar Association’s upcoming book “Wills and Estate Administration”. Kenneth A. Vercammen is a trial attorney in Edison, NJ. He is co-chair of the Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  He is a speaker for the NJ State Bar Association at the annual Elder Law & Estate Administration program.
Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills.

Thursday, November 13, 2014

Review of the Major Municipal Court Cases from 2013-2014

Review of the Major Municipal Court Cases from 2013-2014
 Nov 25th Municipal Court Practice CLE Seminar 
When:      Tuesday, November 25, 2014 2:00 PM until 4:00 PM  Where:     MCBA Office 87 Bayard Street New Brunswick, New Jersey  08901 
Presenters:     Kenneth A. Vercammen, Esq., Edison  William G. Brigiani, Esq., East Brunswick 
To Register: http://www.mcbalaw.com/event/id/465040/Nov-25th-Municipal-Court-Practice-CLE-Seminar.htm   

Info Contact:    MCBA Jonathan Cowles  jcowles@mcbalaw.com 
Phone: 732.828.3433, x. 102           
             
Cost: $30-Young Lawyers; $40-MCBA Members; and $75-All Others
Click here to download a reservation form.
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit. Of these, 2.0 credits qualify for certification in municipal court law.



Some of the featured cases will include:
State v Kates - Defendant can be entitled to Adjournment to Select Own Counsel;
State v. Gibson - Police can’t search just because person is in no loitering area;
State v. Coles - If Defendant detained, third person’s consent to search no good;
State v. Lamb - Co-Occupant consent to search valid;
State v. Witt - Suppression granted where stop based on driver high beams on;
State v. Frye - Prior DWI counts for enhanced refusal;
State v. Jones - No warrant for DWI blood needed tickets issued before 2013;
State v. Sylvester - Driving While Suspended conviction upheld although DWI conviction vacated;
. . . and a review of the most significant cases from 2013.
Top New Laws: New law finally establishes a Conditional Dismissal for 1st time offenders in Municipal Court

BY KENNETH A. VERCAMMEN

1 Court cannot consider Suppression Motion testimony unless agreed by defendant  State v Gibson __ NJ __ A-11-13


2  US Supreme Court requires warrant before taking of blood in DWI
 Missouri v McNeely 133 S. Ct. 1552 (2013)
       

3 Police seeing defendant-smoking joint in open door justified the warrantless entry into defendant’s apartment and the seizure of the marijuana cigarette.
 State v Walker 213 N.J. 281 (2013)


4 Sixteen-month delay for DWI inhibited defendant’s speedy trial right. State v Cahill 213 N.J. 253 (2013)


5 Bias statute requires proof of defendant intended bias, not victim perception. State v. Pomianek 213 N.J. 253 (2013)

6 Municipal Court Judge must recuse where there is an appearance of impartiality, not just actual conflict
   Judge can’t hear police cases in town where his son is a cop.
  In the Matter of ADVISORY LETTER NO. 7–11 OF the SUPREME COURT ADVISORY COMMITTEE ON EXTRAJUDICIAL ACTIVITIES 213 NJ 63 (2013)


7 Investigator violated rules by destroying notes. State v. Dabas 215 NJ 114 (2013)
         

8 Sometimes AIR permitted mid trial where defense did not claim prejudice
State v Wolfe 431 NJ Super. 356 (App. Div. 2013)
       
9 Prosecution should not interfere with defense ability to interview witnesses
State v Blazas 432 NJ Super. 326 (App. Div. 2013)
        

10 Police Officer reading inaccurate refusal warning is not a defense to refusal charge
State v. O’Driscoll 215 NJ 461 (2013)
           

11 Court must examine perceived attorney conflict before hearing motion to adjourn.
State v Vasquez 432 NJ Super 354 (App. Div. 2013)


12 Cellphone can’t be tracked without warrant State v. Earls 214 N.J. 564 (2013)


13. No suppression of blood result from 2008 based on 2013 new case
State v Adkins 433 NJ Super. 479 (App. Div. 2013)



14. After eviction, tenant does not have expectation of privacy State v Hinton 216 NJ 211(2013)
         

15. The community-caretaking doctrine is not a justification for the warrantless entry and search of a home in the absence of some form of an objectively reasonable emergency. State v Vargas 213 N.J. 301 (2013)
        

16. Denying Public defender client adjournment did not violate rights State v. Miller 216 NJ 76 (2013)

17. Failure by State Police to create and maintain a centralized statewide database not a violation of the Supreme Court Chun Order. 
State v Chun 215 NJ 489 (2013)   
         
18. Defendant can be entitled to Adjournment to Select Own Counsel. State v Kates 216 NJ 393 (2014)

19. Police can’t search just because person is in no loitering area.
    State v. Gibson 214 NJ 564 (2014)

20. In the Matter of Louis DiLeo 216 NJ 449 (2014)
         The Judge should have adjourned trial for defendants to have an attorney

21. If Defendant detained, third person’s consent to search no good. State v. Coles 217 NJ 467 (2014)

22. Co-Occupant consent to search valid. State v. Lamb ­­­­­

23 If mandatory 180 days without parole, can’t get credit for inpatient State v. French  __ NJ Super. __ (App. Div 2014)

24 Suppression granted where stop based on driver high beams on. State v. Witt 435 NJ Super. 608 (App. Div. 2014) 
25. Prior DWI counts for enhanced refusal. State v. Frye ­­­217 NJ. 566 (2014)

26 Driving While Suspended Conviction Upheld Although DWI Conviction Vacated. State v. Sylvester __ N.J. Super. __ (App. Div. 2014

27. No warrant for DWI blood needed for tickets issued before 2013. State v, Jones __ NJ Super. __ (App. Div. 2014)

Supervising chemist can testify in vehicular homicide if they independently verified correctness of blood test results State v. Michaels ­­­­__ NJ__ (2014)

29 Supervising chemist can testify in rape case if they independently verified correctness of DNA results State v.  Roach __ NJ __ (2014) 

30 Defendant has burden to timely to object to testimony by pathologist who did not perform the victim’s autopsy State v. Williams __ NJ__ (2014)

31 For unlicensed driver, can’t get both fine and jail. State v. Carreon __ NJ Super. __ (App. Div. 2014)

      Top new Laws:
       New law finally establishes a Conditional Dismissal for 1st time offenders in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

No insurance Law 39:6 R-2 amended to provide discretion for no DL suspension