RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 – Law Center- Seminar, Books and Audio CD for sale
Monday, May 03, 2010
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick / S1507-15379
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)
WILLIAM G. BRIGIANI, ESQ.
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
JOHN MENZEL, ESQ.
Moore & Menzel
Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Program Preview:
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – 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.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square,
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division
Major Municipal Court and Criminal Cases
to be discussed
1. State in the Interest of J.A. 195 NJ 324
2. State v. Buda
195 NJ 278
2b State v. Coder 198 NJ 451 (2009)
3. State v. Sweet
195 NJ 357
4 State v. Moran 408 NJ Super. 412 (App Div. 2009)
5 Herring v United States
129 S. Ct. 695 (2009)
6. State v Smith 408 NJ Super. 484 (App. Div. 2009)
7. Patel v. MVC __ NJ __
(Sup Ct. 2009)
8. State v. Marquez 408 NJ Super. 273 (App. Div. 2009)
9 Melendez-Diaz v Mass
129 S. Ct. 2527 (2009)
10 State v. Reeds
197 NJ 280 (2009)
11. State v. Hewitt
400 NJ Super. 376 (2008)
12 State v. Spell
142 NJ 514 (2008)
13. State v. Bogan
200 NJ 61 (2009)
14. State v. Baum
199 NJ 407 (2009)
15. State v. Best 403 NJ. Super. 428 (App. Div. 2008) [cert granted]
16 State v. Amelio
197 NJ 207 (2008)
17. Arizona v Johnson
172 L. Ed. 2d 694 (2009)
18 State v. Bertrand 408 NJ
Super. 584 (App. Div. 2009)
19 State v. Nyhammer
197 NJ 383 (2009)
20 State v. Filson 409 NJ
Super. 246 (Law Div. 2009)
21 State v. Popovich
405 NJ Super. 392 (App. Div. 2009)
22. State v. Pena-Flores
198 NJ 6 (2009)
23 Arizona v. Gant
129 S. Ct. 1710 (2009)
Monday, April 26, 2010
Tuesday, February 9, 2010
Child abuse law Definitions. 9:6-8.21
Child abuse law Definitions. 9:6-8.21
1.As used in this act, unless the specific context indicates otherwise:
a."Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, paramour of a parent or any person, who has assumed responsibility for the care, custody or control of a child or upon whom there is a legal duty for such care. Parent or guardian includes a teacher, employee or volunteer, whether compensated or uncompensated, of an institution who is responsible for the child's welfare and any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
b."Child" means any child alleged to have been abused or neglected.
c."Abused or neglected child" means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; (7) or a child who is in an institution and (a) has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child's mental or physical well-being or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section.
No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.
d."Law guardian" means an attorney admitted to the practice of law in this State, regularly employed by the Office of the Public Defender or appointed by the court, and designated under this act to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.
e."Attorney" means an attorney admitted to the practice of law in this State who shall be privately retained; or, in the instance of an indigent parent or guardian, an attorney from the Office of the Public Defender or an attorney appointed by the court who shall be appointed in order to avoid conflict between the interests of the child and the parent or guardian in regard to representation.
f."Division" means the Division of Youth and Family Services in the Department of Children and Families unless otherwise specified.
g."Institution" means a public or private facility in the State which provides children with out of home care, supervision or maintenance. Institution includes, but is not limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter and hospital.
h."Day school" means a public or private school which provides general or special educational services to day students in grades kindergarten through 12. Day school does not include a residential facility, whether public or private, which provides care on a 24-hour basis.
L.1974, c.119, s.1; amended 1977, c.209, s.1; 1987, c.341, s.6; 1994, c.58, s.39; 1999, c.53, s.55; 2004, c.130, s.27; 2005, c.169, s.1; 2006, c.47, s.47.
9:6-8.22 Jurisdiction of Superior Court, Chancery Division, Family Part.
2.The Superior Court, Chancery Division, Family Part in each county shall have jurisdiction over all noncriminal proceedings involving alleged cases of child abuse or neglect, and shall be charged with the immediate protection of said children, whereby the safety of the children shall be of paramount concern. All noncriminal cases involving child abuse shall be commenced in or transferred to this court from other courts as they are made known to the other courts. Commencement of cases of child abuse or neglect must be the first order of priority in the Family Part.
L.1974,c.119,s.2; amended 1977, c.209, s.2; 1991, c.91, s.198; 1999, c.53, s.6.
9:6-8.23. Law guardian; appointment
3. a. Any minor who is the subject of a child abuse or neglect proceeding under this act must be represented by a law guardian to help protect his interests and to help him express his wishes to the court. However, nothing in this act shall be construed to preclude any other interested person or agency from appearing by counsel.
b. The Superior Court, Chancery Division, Family Part, on its own motion, will make appointments of law guardians.
1.As used in this act, unless the specific context indicates otherwise:
a."Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, paramour of a parent or any person, who has assumed responsibility for the care, custody or control of a child or upon whom there is a legal duty for such care. Parent or guardian includes a teacher, employee or volunteer, whether compensated or uncompensated, of an institution who is responsible for the child's welfare and any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).
b."Child" means any child alleged to have been abused or neglected.
c."Abused or neglected child" means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; (7) or a child who is in an institution and (a) has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child's mental or physical well-being or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section.
No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.
d."Law guardian" means an attorney admitted to the practice of law in this State, regularly employed by the Office of the Public Defender or appointed by the court, and designated under this act to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.
e."Attorney" means an attorney admitted to the practice of law in this State who shall be privately retained; or, in the instance of an indigent parent or guardian, an attorney from the Office of the Public Defender or an attorney appointed by the court who shall be appointed in order to avoid conflict between the interests of the child and the parent or guardian in regard to representation.
f."Division" means the Division of Youth and Family Services in the Department of Children and Families unless otherwise specified.
g."Institution" means a public or private facility in the State which provides children with out of home care, supervision or maintenance. Institution includes, but is not limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter and hospital.
h."Day school" means a public or private school which provides general or special educational services to day students in grades kindergarten through 12. Day school does not include a residential facility, whether public or private, which provides care on a 24-hour basis.
L.1974, c.119, s.1; amended 1977, c.209, s.1; 1987, c.341, s.6; 1994, c.58, s.39; 1999, c.53, s.55; 2004, c.130, s.27; 2005, c.169, s.1; 2006, c.47, s.47.
9:6-8.22 Jurisdiction of Superior Court, Chancery Division, Family Part.
2.The Superior Court, Chancery Division, Family Part in each county shall have jurisdiction over all noncriminal proceedings involving alleged cases of child abuse or neglect, and shall be charged with the immediate protection of said children, whereby the safety of the children shall be of paramount concern. All noncriminal cases involving child abuse shall be commenced in or transferred to this court from other courts as they are made known to the other courts. Commencement of cases of child abuse or neglect must be the first order of priority in the Family Part.
L.1974,c.119,s.2; amended 1977, c.209, s.2; 1991, c.91, s.198; 1999, c.53, s.6.
9:6-8.23. Law guardian; appointment
3. a. Any minor who is the subject of a child abuse or neglect proceeding under this act must be represented by a law guardian to help protect his interests and to help him express his wishes to the court. However, nothing in this act shall be construed to preclude any other interested person or agency from appearing by counsel.
b. The Superior Court, Chancery Division, Family Part, on its own motion, will make appointments of law guardians.
Sunday, January 31, 2010
Volunteers needed for Metuchen Public Defender
Volunteers needed for Metuchen Public Defender
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites persons interested in helping others or getting experience in law/ criminal justice to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and occasional Friday morning court sessions.
VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN
Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM, every other Friday 9-12, plus hearing preparation work.
Volunteer Internship Description:
-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses
-Make demands for Discovery on Prosecutor and review police reports
-Attend hearings and learn from experienced trial attorneys
-Prepare Motions to Suppress Evidence and Motions to Compel Discovery
-Conduct appropriate Legal research
-Acquire skills in Criminal Law and Procedure by active participation
-Participate in Public Relations activities and help organize seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
- Learn how to add criminal statutes and criminal articles to legal blogs and websites.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. This is an unpaid internship helping indigent persons.
Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week.
For Summer- College graduates and Law students only. Minimum Volunteer time commitment in summer- 18 hours per week. Send cover letter and resume. After sending resume, call to schedule interview
732-572-0500.
We sponsor a state wide website www.njlaws.com with information on criminal, litigation, personal injury, and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. We attempt to give assignments which will be meaningful and memorable but, nevertheless, expect that interns will pitch in on whatever needs to be done.
Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered.
Details on internships at http://www.njlaws.com/intern.htm
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030
http://www.kennethvercammen.com/Public-Defender-volunteer.html
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites persons interested in helping others or getting experience in law/ criminal justice to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and occasional Friday morning court sessions.
VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN
Court times: WEDNESDAY 1pm PM [approx]- 8:30 PM, every other Friday 9-12, plus hearing preparation work.
Volunteer Internship Description:
-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses
-Make demands for Discovery on Prosecutor and review police reports
-Attend hearings and learn from experienced trial attorneys
-Prepare Motions to Suppress Evidence and Motions to Compel Discovery
-Conduct appropriate Legal research
-Acquire skills in Criminal Law and Procedure by active participation
-Participate in Public Relations activities and help organize seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
- Learn how to add criminal statutes and criminal articles to legal blogs and websites.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. This is an unpaid internship helping indigent persons.
Program lasts 12 weeks. Minimum time commitment September- May is 10 hours per week.
For Summer- College graduates and Law students only. Minimum Volunteer time commitment in summer- 18 hours per week. Send cover letter and resume. After sending resume, call to schedule interview
732-572-0500.
We sponsor a state wide website www.njlaws.com with information on criminal, litigation, personal injury, and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. We attempt to give assignments which will be meaningful and memorable but, nevertheless, expect that interns will pitch in on whatever needs to be done.
Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered.
Details on internships at http://www.njlaws.com/intern.htm
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030
http://www.kennethvercammen.com/Public-Defender-volunteer.html
Sunday, January 24, 2010
Defending a Juvenile Delinquency Case
Defending a Juvenile Delinquency Case
By Kenneth A. Vercammen
Handling juvenile delinquency cases is becoming a sub-specialty that requires special knowledge of the juvenile justice system. Juvenile cases are difficult to handle for different reasons: (1) The juveniles often refuse to admit to their attorney any participation in the offense despite clear guilt, (2) The parents sometimes refuse to acknowledge their child’s involvement, and (3) different
rules and court systems are involved.
When the client is first in the office,
have him fill out an interview sheet. After reviewing the complaint and the interview
sheet, ask a series of questions of the client. You should request the client wait until the end of the interview before explaining their side of the story. Also ask them if there is anything else of importance
in connection with the case that you should know. The client may have pending serious criminal charges in another
state or county. The ABA-adopted Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients.
As a recommendation, have the client provide you with a list of between 10 to 15 reasons why they should not go to jail and why the court should impose the minimum license suspension. This provides you with information for mitigation
and penalties and also provides information
to be considered by the judge in sentencing.
Who Is the Client?
The client must be the juvenile charged. It is not the parent or grandmother
who pays the bills. It is important to preserve the confidence of the client. Let the juvenile know that they can call you whenever they want, and that you will not tell their parents anything told in confidence.
Discovery in nonmotor vehicle cases is requested in writing to the county prosecutor, not the town municipal prosecutor.
Motor vehicle charges alone are heard by the municipal court judge and handled by the municipal prosecutor.
Trial Call is the next appearance
and the defense counsel will receive discovery, if it has not previously been received. Applicable motions should be filed prior to the trial call: Motion to Suppress, Compel Additional Discovery, Dismiss Complaint, etc.
Juveniles have most of the same rights under the Constitution as adults: Fourth Amendment — no unreasonable searches; Fifth Amendment — right to remain silent; Sixth Amendment — right to attorney and the right to cross-examine
witnesses. However, unlike adults, juveniles do not have a right to a jury trial and do not have to post bail.
It is a popular misconception that juvenile arrests are automatically erased when the juvenile turns 18. The criminal “charge,” even if later dismissed, stays on their record forever unless they have their attorney file a formal petition for expungement.
M
iranda Warning and Confessions
Police must provide a Miranda warning to juveniles. Two recent cases drastically change that require counsel prior to custodial interrogation:
1. State in the Interest of P.M.P., 200 N.J. 166 (2009): The filing of the complaint and the obtaining of a judicially
approved arrest warrant by the Camden County Prosecutor’s Office was a critical stage in the proceedings, and pursuant to N.J.S.A. 2A:4A-39B(1), P.M.P. had the right to counsel and could not waive that right except in the presence of and after consultation with his attorney. Therefore, the trial court properly granted P.M.P.’s motion to suppress his statement.
2. State of in the Interest of A.S,
CRIMINAL LAW
Defending a Juvenile Delinquency Case
Vercammen is a trial attorney in Edison. He often lectures for the New Jersey State Bar Association, New Jersey
Institute for Continuing Legal Education
and Middlesex County College on personal injury, criminal/municipal court law, drunk driving and contested probate estate administration.
R
eprinted with permission from the NOVEMEMBERER 23, 2009 edition of New Jersey Law Journal. © 2009 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
409 N.J.Super. 99 ( 2009): The court suppressed
the confession of the 14-year-old adoptive daughter of F.D., who committed an act of fellatio upon F.D.’s four-year-old grandson, because in incorrectly explaining
the daughter’s Miranda rights and in participating in her interrogation, F.D. placed the interests of her grandson ahead of the interests of her daughter. The court suggested that in circumstances in which a parent has a conflict of interest arising from a familial relationship to both the alleged
juvenile perpetrator and victim, an attorney should represent the juvenile during
any custodial interrogation.
T
he Offense and Arrest
Police are permitted to arrest if they see a crime or are provided with information
that a juvenile committed a crime. The police then sign a complaint form, which later is forwarded to the Superior Court, Family Part, in the county where the juvenile lives. Generally, the juvenile will be released to the custody of parents or guardians. Rule 5:21-5. A person is a juvenile for delinquency purposes until his/her 18 birthday. For serious crimes, if the juvenile is a threat to themselves or the community, or if the juvenile is a habitual offender, they can be brought to the county juvenile detention center. They will remain in detention until released by the Superior Court Judge at a recall hearing,
after a probable cause hearing or at the conclusion of the case. It is rare and serious when a juvenile is held at the detention
center.
Diversion of Criminal Charges
In many counties, the county prosecutor’s office screens each complaint initially, but staff within the family court can make the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total handling to a Juvenile
Conference Committee (J.C.C.) or intake
service conference. See the Criminal Justice System, “Guide for School Personnel,”
Middlesex County Prosecutor’s Office, p. 20 (1996).
For juveniles with prior charges or more serious charges, the case is put on the formal trial calendar. These proceedings
resemble adult criminal proceedings. The juvenile must be represented by an attorney
and the state is represented by an assistant prosecutor.
In a “deferred adjudication” the judge may direct the juvenile to perform a job, write an essay, be on unsupervised probation, or direct other requirements. The juvenile must earn dismissal by fulfilling
conditions such as restitution, community
service, counseling, or school attendance.
Post-Interview Preparation
Also make a motion to suppress where there is a question regarding the validity of a stop or search. New Jersey will also permit you to make a motion to dismiss on de minimis infractions for nonsubstantial
offenses (i.e., shoplifting one candy bar). Any other motions to dismiss should be made in writing, such as statute of limitations or lack of jurisdiction.
Preparing for Trial
If it is a drug case, we may make an objection to the entry of the lab certificate
as evidence at trial. We are also under a responsibility to provide any reciprocal discovery to the prosecutor. Occasionally, we will call the prosecutor ahead of time to see if a matter can be worked out or plea bargained.
Formal Trial
If the case goes to trial, the judge serves as the fact-finder and makes all decisions, unlike adult court where those charged can have a jury trial. The trial is held before a Superior Court judge in the county where the juvenile resides. Rule 5:19-1.
Another major difference in juvenile
cases is that the prosecutor does not make binding sentencing recommendations
as part of a plea bargain. The judge has total discretion regarding the sentence imposed. If the juvenile pleads guilty or is found delinquent (guilty), the judge has the discretion on sentence — deferred adjudication,
probation, incarceration, residential
placement, restitution, fine, etc.
Relatively few juveniles are currently
incarcerated but the number may increase as legislative changes require jail terms for juveniles who commit certain
offenses, such as auto thefts and for juveniles who continue to commit more and more heinous offenses.
For the most serious crimes, the county prosecutor can make a motion to remove to the adult criminal court. Rule 5:22-1, Rule 5:22-2.
First Appearance in Formal Trial Cases
The court itself will send a copy of the complaint to the juvenile’s parents and a mandatory notice to appear for an interview for public defender eligibility. The public defender handles only indigent
cases, juveniles whose parents are on welfare, unemployed, and have no assets.
This mandatory appearance is unnecessary once the client retains an attorney
and the attorney sends in a notice of appearance.
Plea to a Lesser Offense
If the client is going to enter a guilty plea to any offense, it is important that they understand what the offense is and put a factual basis on the record. Letters of reference and character reference
letters are helpful in cases where the judge has wide discretion in his sentencing.
After the client pleads guilty, it is a good idea to also ask the client on the record
if he has any questions of you or of the court.
Juvenile trials are heard in the Superior Court without a jury. Defense counsel should bring Court Rule 5 dealing with family court juvenile cases to court. Always do you best for every client. Seek proposed resolutions which assist in the rehabilitation of your juvenile.■
Published in NEW JERSEY LAW JOURNAL, NOVEMBER 23, 2009 198 N.J.L.J. 722 Reprinted with permission
By Kenneth A. Vercammen
Handling juvenile delinquency cases is becoming a sub-specialty that requires special knowledge of the juvenile justice system. Juvenile cases are difficult to handle for different reasons: (1) The juveniles often refuse to admit to their attorney any participation in the offense despite clear guilt, (2) The parents sometimes refuse to acknowledge their child’s involvement, and (3) different
rules and court systems are involved.
When the client is first in the office,
have him fill out an interview sheet. After reviewing the complaint and the interview
sheet, ask a series of questions of the client. You should request the client wait until the end of the interview before explaining their side of the story. Also ask them if there is anything else of importance
in connection with the case that you should know. The client may have pending serious criminal charges in another
state or county. The ABA-adopted Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients.
As a recommendation, have the client provide you with a list of between 10 to 15 reasons why they should not go to jail and why the court should impose the minimum license suspension. This provides you with information for mitigation
and penalties and also provides information
to be considered by the judge in sentencing.
Who Is the Client?
The client must be the juvenile charged. It is not the parent or grandmother
who pays the bills. It is important to preserve the confidence of the client. Let the juvenile know that they can call you whenever they want, and that you will not tell their parents anything told in confidence.
Discovery in nonmotor vehicle cases is requested in writing to the county prosecutor, not the town municipal prosecutor.
Motor vehicle charges alone are heard by the municipal court judge and handled by the municipal prosecutor.
Trial Call is the next appearance
and the defense counsel will receive discovery, if it has not previously been received. Applicable motions should be filed prior to the trial call: Motion to Suppress, Compel Additional Discovery, Dismiss Complaint, etc.
Juveniles have most of the same rights under the Constitution as adults: Fourth Amendment — no unreasonable searches; Fifth Amendment — right to remain silent; Sixth Amendment — right to attorney and the right to cross-examine
witnesses. However, unlike adults, juveniles do not have a right to a jury trial and do not have to post bail.
It is a popular misconception that juvenile arrests are automatically erased when the juvenile turns 18. The criminal “charge,” even if later dismissed, stays on their record forever unless they have their attorney file a formal petition for expungement.
M
iranda Warning and Confessions
Police must provide a Miranda warning to juveniles. Two recent cases drastically change that require counsel prior to custodial interrogation:
1. State in the Interest of P.M.P., 200 N.J. 166 (2009): The filing of the complaint and the obtaining of a judicially
approved arrest warrant by the Camden County Prosecutor’s Office was a critical stage in the proceedings, and pursuant to N.J.S.A. 2A:4A-39B(1), P.M.P. had the right to counsel and could not waive that right except in the presence of and after consultation with his attorney. Therefore, the trial court properly granted P.M.P.’s motion to suppress his statement.
2. State of in the Interest of A.S,
CRIMINAL LAW
Defending a Juvenile Delinquency Case
Vercammen is a trial attorney in Edison. He often lectures for the New Jersey State Bar Association, New Jersey
Institute for Continuing Legal Education
and Middlesex County College on personal injury, criminal/municipal court law, drunk driving and contested probate estate administration.
R
eprinted with permission from the NOVEMEMBERER 23, 2009 edition of New Jersey Law Journal. © 2009 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
409 N.J.Super. 99 ( 2009): The court suppressed
the confession of the 14-year-old adoptive daughter of F.D., who committed an act of fellatio upon F.D.’s four-year-old grandson, because in incorrectly explaining
the daughter’s Miranda rights and in participating in her interrogation, F.D. placed the interests of her grandson ahead of the interests of her daughter. The court suggested that in circumstances in which a parent has a conflict of interest arising from a familial relationship to both the alleged
juvenile perpetrator and victim, an attorney should represent the juvenile during
any custodial interrogation.
T
he Offense and Arrest
Police are permitted to arrest if they see a crime or are provided with information
that a juvenile committed a crime. The police then sign a complaint form, which later is forwarded to the Superior Court, Family Part, in the county where the juvenile lives. Generally, the juvenile will be released to the custody of parents or guardians. Rule 5:21-5. A person is a juvenile for delinquency purposes until his/her 18 birthday. For serious crimes, if the juvenile is a threat to themselves or the community, or if the juvenile is a habitual offender, they can be brought to the county juvenile detention center. They will remain in detention until released by the Superior Court Judge at a recall hearing,
after a probable cause hearing or at the conclusion of the case. It is rare and serious when a juvenile is held at the detention
center.
Diversion of Criminal Charges
In many counties, the county prosecutor’s office screens each complaint initially, but staff within the family court can make the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total handling to a Juvenile
Conference Committee (J.C.C.) or intake
service conference. See the Criminal Justice System, “Guide for School Personnel,”
Middlesex County Prosecutor’s Office, p. 20 (1996).
For juveniles with prior charges or more serious charges, the case is put on the formal trial calendar. These proceedings
resemble adult criminal proceedings. The juvenile must be represented by an attorney
and the state is represented by an assistant prosecutor.
In a “deferred adjudication” the judge may direct the juvenile to perform a job, write an essay, be on unsupervised probation, or direct other requirements. The juvenile must earn dismissal by fulfilling
conditions such as restitution, community
service, counseling, or school attendance.
Post-Interview Preparation
Also make a motion to suppress where there is a question regarding the validity of a stop or search. New Jersey will also permit you to make a motion to dismiss on de minimis infractions for nonsubstantial
offenses (i.e., shoplifting one candy bar). Any other motions to dismiss should be made in writing, such as statute of limitations or lack of jurisdiction.
Preparing for Trial
If it is a drug case, we may make an objection to the entry of the lab certificate
as evidence at trial. We are also under a responsibility to provide any reciprocal discovery to the prosecutor. Occasionally, we will call the prosecutor ahead of time to see if a matter can be worked out or plea bargained.
Formal Trial
If the case goes to trial, the judge serves as the fact-finder and makes all decisions, unlike adult court where those charged can have a jury trial. The trial is held before a Superior Court judge in the county where the juvenile resides. Rule 5:19-1.
Another major difference in juvenile
cases is that the prosecutor does not make binding sentencing recommendations
as part of a plea bargain. The judge has total discretion regarding the sentence imposed. If the juvenile pleads guilty or is found delinquent (guilty), the judge has the discretion on sentence — deferred adjudication,
probation, incarceration, residential
placement, restitution, fine, etc.
Relatively few juveniles are currently
incarcerated but the number may increase as legislative changes require jail terms for juveniles who commit certain
offenses, such as auto thefts and for juveniles who continue to commit more and more heinous offenses.
For the most serious crimes, the county prosecutor can make a motion to remove to the adult criminal court. Rule 5:22-1, Rule 5:22-2.
First Appearance in Formal Trial Cases
The court itself will send a copy of the complaint to the juvenile’s parents and a mandatory notice to appear for an interview for public defender eligibility. The public defender handles only indigent
cases, juveniles whose parents are on welfare, unemployed, and have no assets.
This mandatory appearance is unnecessary once the client retains an attorney
and the attorney sends in a notice of appearance.
Plea to a Lesser Offense
If the client is going to enter a guilty plea to any offense, it is important that they understand what the offense is and put a factual basis on the record. Letters of reference and character reference
letters are helpful in cases where the judge has wide discretion in his sentencing.
After the client pleads guilty, it is a good idea to also ask the client on the record
if he has any questions of you or of the court.
Juvenile trials are heard in the Superior Court without a jury. Defense counsel should bring Court Rule 5 dealing with family court juvenile cases to court. Always do you best for every client. Seek proposed resolutions which assist in the rehabilitation of your juvenile.■
Published in NEW JERSEY LAW JOURNAL, NOVEMBER 23, 2009 198 N.J.L.J. 722 Reprinted with permission
Juvenile Delinquency Proceedings
Juvenile
Delinquency
Proceedings
and
Your Child
A Guide for
Parents and Guardians
WHAT IS JUVENILE DELINQUENCY?
Delinquency is defined as an act by a juvenile under the age of 18
that if committed by an adult would constitute a crime, a disorderly
persons offense, a petty disorderly persons offense, or a violation
of any other penal statute, ordinance or regulation.
WHAT ARE THE COURT’S GOALS IN RESOLVING JUVENILE
DELINQUENCY CASES?
In juvenile matters, the court’s goals are rehabilitation and
accountability. The court handles each case on an individual basis
according to the law and based on the individual circumstances of
the case.
WHY IS MY CHILD IN THE COURT SYSTEM?
Your child will be appearing in court because someone has
accused your child of committing an act that is against the law in
New Jersey. The court will provide you with a copy of the
complaint, a legal court document describing the alleged illegal
conduct.
In the majority of cases, police sign complaints based on either
personal observation or information supplied by others such as
victims. Complaints also can be signed by school officials or
victims or by probation officers in cases of violations of probation
(VOPs).
CAN MY CHILD BE HELD IN A JUVENILE FACILITY BASED
UPON THE SIGNING OF A COMPLAINT?
A child may be taken into custody and held in a juvenile facility
based on the nature of the offense, the need to protect society, a
past record of adjudications of delinquency, a recent failure to
appear at court proceedings, or failure to remain where placed by
the court or court intake service.
If your child is not held in a shelter or detention setting, you will
receive notice of when and where to appear to address the
charge(s).
DOES MY CHILD NEED A LAWYER?
A parent, guardian, or caregiver should always consider
consulting an attorney for any legal matter or court appearance
although not all cases require an attorney.
In all formal court hearings before a judge, your child must have an
attorney. This type of proceeding is known as a counsel mandatory
or formal court hearing. If there is a possibility of
removing your child from home, the court will require your child to
be represented by an attorney. If you cannot afford an attorney,
you must, on behalf of your child, submit an application known as a
5A form to the court to determine if your child is eligible to receive
the services of a public defender or a court-appointed attorney. If
you fail to appear as required by the court to complete an
application for assignment of counsel, the court may issue a
warrant for your arrest.
WHAT HAPPENS IF MY CHILD IS DETAINED?
At times, the court may need to place your child in a detention
facility. If your child is held, an initial detention hearing will take
place as soon as possible but no later than the following day after
placement. At the hearing, you and your child will be told what the
charges are and whether or not an attorney will be required to
represent your child. The charges are listed on the complaint. You
and your child will have a chance to ask questions about the
process. At the end of this hearing, the court will make a decision
about releasing or holding your child. A parent or guardian is
expected to be present at all hearings.
WHAT HAPPENS IF MY CHILD IS NOT RELEASED AFTER THE
INITIAL DETENTION HEARING?
If your child is not released following the initial detention hearing,
another hearing will be held within two working days, unless
waived. At that time, your child must be represented by an
attorney. The judge will decide whether to continue holding your
child in detention. At the hearing, the prosecutor must present
enough evidence to satisfy the judge that the offense occurred and
that there is enough reason to believe that your child committed the
offense. If the judge is not satisfied on either count, then the judge
could dismiss the complaint. If the judge is satisfied with the
evidence presented, the case will be scheduled for a hearing.
If your child is held, a detention review hearing with your child’s
attorney present must be held within 14 days of the prior hearing.
If your child stays in detention, the judge must hold detention
review hearings every 21 court days (or less).
WHAT HAPPENS IF MY CHILD IS RELEASED AFTER THE
INITIAL DETENTION HEARING?
If your child is not detained after the initial detention hearing,
another court appearance will be scheduled. At that time, you,
your child and, if applicable, his or her attorney must appear before
the judge to answer the charges in the complaint.
CAN I ARRANGE FOR BAIL?
No, bail is not available for juveniles.
WHAT HAPPENS NEXT?
Court personnel will review the matter and determine how the case
will be handled.
HOW CAN THE COURT PROCESS MY CHILD’S CASE?
The court makes decisions on how cases are handled based on
the nature and seriousness of the offense, age of your child, any
prior record, and willingness of parties to cooperate. Cases are
handled in one of the following ways.
A. Juvenile Conference Committee (JCC) or Intake Services
Conference (ISC)
B. Juvenile referee/Informal court
C. Judge/Formal court
A. Juvenile Conference Committee
or Intake Services Conference
A delinquency complaint can be referred to a Juvenile Conference
Committee or Intake Services Conference. A Juvenile Conference
Committee is a trained citizen volunteer panel appointed by the
court. An Intake Services Conference is conducted by a Judiciary
staff person. The parent, the juvenile and the person who filed the
complaint are invited to discuss the offense and other related
factors. The committee or intake officer does not have the
authority to determine delinquency. This is an informal discussion
of the events and all parties must be in agreement. Attorneys are
not required. There is no chance of your child being sent away to a
juvenile facility. The disposition recommendations will be placed
on an agreement/court order signed by your child, you as his or her
parent/legal guardian, and the person who filed the complaint. This
agreement will then be forwarded to the judge for final approval.
The resolution of the case can include conditions such as curfew,
counseling, evaluation, community service, restitution, or any
condition that will aid in your child's rehabilitation. If the parties do
not agree to the proposed conditions, the terms can be discussed
and changed to all parties’ satisfaction. If all agree to the
conditions, a juvenile conference committee or intake staff person
will monitor the completion of the conditions. If the parties cannot
come to an agreement, the case may be sent back to the judge.
Upon successful completion of the agreed-upon conditions, the
case is dismissed. However, If your child fails to complete the
conditions or new complaints are signed prior to dismissal, the
original complaint will go back to court to be heard by a judge.
B. Juvenile Referee/Informal Court
A juvenile referee conducts a hearing at which your child will be
expected to admit or deny that he or she did what is alleged in the
complaint. If necessary, the juvenile referee will make a finding of
the facts and a determination of delinquency. The referee will
make a recommendation to the judge regarding the finding and
disposition. Dispositions that the referee recommends are subject
to approval by the judge and include those available in matters
handled by a judge with the exception of out-of-home placement. If
you disagree with the findings of the juvenile referee, you must tell
the referee immediately at the end of the hearing before the
findings and recommendations are sent to the judge.
C. Judge/Formal Court Calendar
A judge oversees the court hearing. At this hearing, your child will
be expected to enter a plea admitting or denying the charge.
These court cases are placed on the judge’s informal calendar or
on the formal calendar. If the case is on the informal calendar, also
known as counsel non-mandatory, your child may have a lawyer,
but it is not a requirement. If the case is on the formal calendar,
also known as counsel-mandatory, you must hire a lawyer. If you
cannot afford one, you will be advised to complete a 5A form to
determine eligibility for a public defender. Public defender
representation for juveniles facing delinquency charges is not free,
and you may be billed for services performed by the public
defender’s office. You should talk to your child’s public defender
about what your financial obligations will be.
If you do not apply for a public defender or do not qualify, a lawyer
will be assigned to represent your child. You will be required to pay
the lawyer at the end of the case. If the facts in the case are
disputed, the judge will decide the case. If the judge finds your
child delinquent, the judge will impose a disposition in accordance
with New Jersey law. If you disagree with the judge’s decision, you
can file an appeal within 45 days.
The court can order any disposition to aid in your child’s
rehabilitation and to reinforce your child’s accountability including
fines, community service and/or a term of supervision such as
probation, deferred disposition, or a period of confinement.
Probation offers juveniles the opportunity to remain in the
community under supervision by a probation officer who oversees
their compliance with rules and conditions imposed by the judge.
Probation can last for a period of up to three years. If your child
does not obey the conditions of probation, there will be
consequences such as increased probation reporting or a curfew
and your child could be charged with a violation of probation
(VOP). If all conditions are met and your child shows significant
progress, your child may earn an earlier end to the probation term.
In some instances, formal disposition can be deferred or delayed
for up to one year. During this period, your child must complete
any special conditions ordered by the judge and must not be
charged with a new offense. If he or she meets all conditions
during the deferral period, the complaint will be dismissed. If
conditions are not met, the original complaint will go back to court
and be heard by the judge.
In addition, for cases on the formal counsel mandatory calendar
only, the judge also has the option to order a period of confinement
in a juvenile detention facility, incarceration in a correctional facility
for youth, out-of-home placement, or a clinical residential treatment
or residential drug and alcohol treatment program. Although the
judge has the power to confine or incarcerate your child, this does
not mean that the judge will choose this as an option if your child is
found delinquent. The judge must order a pre-disposition report to
be completed by a court officer. This report will help the judge
determine the appropriate disposition. When there is a chance of
incarceration, your child must be represented by an attorney, and
you may direct questions to the attorney.
WHAT HAPPENS IF MY CHILD AND I CANNOT KEEP
A COURT DATE?
Notice of court dates will be given to you in advance. You, your
child or your child’s lawyer, if he or she has one, must notify the
court when your child cannot appear. If the court is not notified, the
judge can issue a warrant for your child’s arrest.
CAN MY CHILD OR I PRESENT WITNESSES?
Juvenile Conference Committee/Intake Services Conference: Yes,
you can invite witnesses, but witnesses are not required. Contact
the phone number listed on your notice for information or the
Juvenile Intake Unit for your county
Juvenile referee/Informal court: Yes, you can present witnesses.
Contact the juvenile team leader at the telephone number listed on
the court notice for information.
Judge/Formal court: Yes, please consult with your child’s lawyer.
WHAT HAPPENS AT THE HEARING?
If the judge finds that your child has committed the offense(s)
charged, the judge will enter a finding known as an adjudication
and make a decision known as entering a disposition.
WHAT DISPOSITIONS OR CONSEQUENCES CAN THE
COURT IMPOSE ON MY CHILD?
The dispositions and consequences that the court could impose on
your child in order to rehabilitate him/her and prevent future
delinquency include but are not limited to:
• adjourned disposition;
• community service;
• diversion;
• fines;
• probation;
• release to parent or guardian;
• required support services;
• required parental involvement;
• residential mental health and/or substance abuse and
alcohol treatment;
• restitution;
• transfer of custody;
• secure confinement/incarceration;
• suspension of driver’s license; and
• work, outdoor, academic, and/or vocational programs.
In some types of juvenile cases, there are mandatory dispositions,
and in some types of offenses, such as certain drug-related
matters, fines must be imposed by the court.
DOES MY CHILD HAVE THE RIGHT TO APPEAL?
If your child disagrees with the outcomes of the case, he or she has
the right to appeal the findings of the court within 45 days of the
final court order. Information on appeals can be found on the
Judiciary Web site at www.njcourts.com.
CAN A JUVENILE RECORD BE EXPUNGED?
For certain juvenile matters, expungement is permitted if five years
have passed since the final discharge of the person from legal
custody or supervision or if five years have passed since the entry
of any other court order not involving custody or supervision.
Certain offenses may not be expunged. For general information
regarding expungements, visit the Judiciary’s Web site at
www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf, and for
information relating to your child’s specific case, consult an
attorney.
ARE JUVENILE COURT RECORDS CONFIDENTIAL?
Under New Jersey law, juvenile records are available only to
certain judicial, law enforcement, and governmental agencies as
specified in N.J.S.A. 2A:4A-60. Any other agency or person can
only have access to the records by making a motion before a judge
for good cause. You should be aware that the charge, adjudication,
and disposition information is available to victims, law enforcement
agencies, and schools. Further, if your child applies for certain
types of military, government, or law enforcement services, he or
she may be asked to disclose his or her juvenile record.
WILL THERE BE A RECORD OF MY CHILD’S
FINGERPRINTS AND DNA?
Yes, in most cases there will be a record of your child's fingerprints
and DNA. Juveniles who are found to be delinquent for an act that
if committed by an adult would be a crime by law must provide
fingerprints and a DNA sample. You should ask your child’s lawyer
about your child’s situation.
REMINDERS
• You should always make certain that the court
system in addition to your child’s attorney has your
correct address and telephone number. Contact the
number listed on the court notice or the Juvenile
Intake Unit listed on page 12 to advise of any changes
to your child’s address and/or telephone number.
• If you think that you or your child has been treated
unfairly or disrespectfully, you can contact the family
division manager or ombudsman.
• The vicinage ombudsman is also available to assist
with related concerns and questions. Contact
information is listed on page 12 of this publication.
At any time during a juvenile justice proceeding,
your child has the right to legal representation.
GLOSSARY
TERM DEFINITION
adjudication- A determination by a judge that a
juvenile has or has not committed the
charge(s) listed in the complaint.
allegation An accusation included on the
complaint form. When your child is
alleged to have committed an offense,
the state is required to prove that the
allegation is true.
complaint -A document filed with the court
accusing a person of a crime or
violation of the law. The complaint
contains the charge made against your
child.
counsel-mandatory
hearing
A court appearance in which the law
requires your child to have a lawyer.
This also is known as a formal hearing.
counsel nonmandatory
hearing
A court appearance in which the law
does not require your child to have a
lawyer, although it is always advisable
to consult with a lawyer. This also is
known as an informal hearing.
delinquency An act by a juvenile under the age of 18
that if committed by an adult would
constitute a crime, a disorderly persons
offense, a petty disorderly persons
offense, or a violation of any other
statute, ordinance, or regulation.
diversion or diverted
complaint
The reviewers of the complaint have
determined that the charge is not
serious enough to require going before
a judge or juvenile referee, so the
matter is sent to an alternative program
such as a Juvenile Conference
Committee for potential resolution.
formal court hearing- A court appearance in which the law
requires your child to have a lawyer.
This also is known as a counselmandatory
hearing.
informal court hearing A court appearance in which the law
does not require your child to have a
lawyer, although it is always advisable
to consult with a lawyer. This also is
known as a counsel non-mandatory
hearing.
incarceration Your child is confined in a juvenile
detention facility or youth correctional
facility.
waiving a right/waiver
of a right
Giving up the right to a process or
procedure such as a hearing.
waiver to be tried as
an adult
The transfer of a juvenile delinquency
charge to criminal court for processing
as an adult.
warrant A court order instructing the police to
pick up and transport your child to a
detention center, shelter or to the
courthouse for a hearing.
disposition A court-ordered outcome or resolution
to a case for juveniles is called a
disposition and for adults is called a
sentence.
detained or
in detention
Your child is being held in a detention
center or in a shelter facility.
public defender A defense attorney who can be
assigned to represent your child.
Public defender representation for
juveniles facing delinquency charges is
not free, and you may be billed for
services performed by the public
defender’s office.
Source: http://www.judiciary.state.nj.us/family/juvenilebooklet.pdf
COUNTY Family Division,
Superior Court
Juvenile Intake
Unit Ombudsman
Atlantic (609) 345-6700
x3451
(609) 345-6700
x3318 or 3305
(609) 345-6700
x3346
Bergen (201) 527-2501 (201) 527-2323 (201) 527-2734
Burlington (609) 518-2691 (609) 518-2680 (609) 518-2530
Camden (856) 379-2331 (856) 379-2200
x3651 (856) 379-2238
Cape May (609) 345-6700
x3451 (609) 463-6612 (609) 345-6700
x3346
Cumberland (856) 453-4580 (856) 453-4544 (856) 453-4538
Essex (973) 693-6667 (973) 693-6775 (973) 693-5728
Gloucester (856) 453-4580 (856) 686-7430 (856) 453-4538
Hudson (201) 795-6779 (201) 795-6745 (201) 217-5399
Hunterdon (908) 231-7617 (908) 237-5926 (908) 203-6131
Mercer (609) 571-4379 (609) 571-4390 (609) 571-4205
Middlesex (732) 519-3266 (732) 519-3266 (732) 519-3344
Monmouth (732) 677-4304 (732) 677-4091 (732) 677-4209
Morris (973) 656-4307 (973) 656-4308 (973) 656-3969
Ocean (732) 929-2042 (732) 929-4717 (732) 288-7212
Passaic (973) 247-8459 (973) 247-8459 (973) 247-8651
Salem (856) 453-4580 (856) 935-7510 (856) 453-4538
Somerset (908) 231-7617 (908) 231-7637 (908) 203-6131
Sussex (973) 656-4307 (973) 579-0615 (973) 656-3969
Union (908) 659-5800 (908) 659-5860 (908) 659-4646
Warren (908) 231-7617 (908) 475-6167 (908) 203-6131
Delinquency
Proceedings
and
Your Child
A Guide for
Parents and Guardians
WHAT IS JUVENILE DELINQUENCY?
Delinquency is defined as an act by a juvenile under the age of 18
that if committed by an adult would constitute a crime, a disorderly
persons offense, a petty disorderly persons offense, or a violation
of any other penal statute, ordinance or regulation.
WHAT ARE THE COURT’S GOALS IN RESOLVING JUVENILE
DELINQUENCY CASES?
In juvenile matters, the court’s goals are rehabilitation and
accountability. The court handles each case on an individual basis
according to the law and based on the individual circumstances of
the case.
WHY IS MY CHILD IN THE COURT SYSTEM?
Your child will be appearing in court because someone has
accused your child of committing an act that is against the law in
New Jersey. The court will provide you with a copy of the
complaint, a legal court document describing the alleged illegal
conduct.
In the majority of cases, police sign complaints based on either
personal observation or information supplied by others such as
victims. Complaints also can be signed by school officials or
victims or by probation officers in cases of violations of probation
(VOPs).
CAN MY CHILD BE HELD IN A JUVENILE FACILITY BASED
UPON THE SIGNING OF A COMPLAINT?
A child may be taken into custody and held in a juvenile facility
based on the nature of the offense, the need to protect society, a
past record of adjudications of delinquency, a recent failure to
appear at court proceedings, or failure to remain where placed by
the court or court intake service.
If your child is not held in a shelter or detention setting, you will
receive notice of when and where to appear to address the
charge(s).
DOES MY CHILD NEED A LAWYER?
A parent, guardian, or caregiver should always consider
consulting an attorney for any legal matter or court appearance
although not all cases require an attorney.
In all formal court hearings before a judge, your child must have an
attorney. This type of proceeding is known as a counsel mandatory
or formal court hearing. If there is a possibility of
removing your child from home, the court will require your child to
be represented by an attorney. If you cannot afford an attorney,
you must, on behalf of your child, submit an application known as a
5A form to the court to determine if your child is eligible to receive
the services of a public defender or a court-appointed attorney. If
you fail to appear as required by the court to complete an
application for assignment of counsel, the court may issue a
warrant for your arrest.
WHAT HAPPENS IF MY CHILD IS DETAINED?
At times, the court may need to place your child in a detention
facility. If your child is held, an initial detention hearing will take
place as soon as possible but no later than the following day after
placement. At the hearing, you and your child will be told what the
charges are and whether or not an attorney will be required to
represent your child. The charges are listed on the complaint. You
and your child will have a chance to ask questions about the
process. At the end of this hearing, the court will make a decision
about releasing or holding your child. A parent or guardian is
expected to be present at all hearings.
WHAT HAPPENS IF MY CHILD IS NOT RELEASED AFTER THE
INITIAL DETENTION HEARING?
If your child is not released following the initial detention hearing,
another hearing will be held within two working days, unless
waived. At that time, your child must be represented by an
attorney. The judge will decide whether to continue holding your
child in detention. At the hearing, the prosecutor must present
enough evidence to satisfy the judge that the offense occurred and
that there is enough reason to believe that your child committed the
offense. If the judge is not satisfied on either count, then the judge
could dismiss the complaint. If the judge is satisfied with the
evidence presented, the case will be scheduled for a hearing.
If your child is held, a detention review hearing with your child’s
attorney present must be held within 14 days of the prior hearing.
If your child stays in detention, the judge must hold detention
review hearings every 21 court days (or less).
WHAT HAPPENS IF MY CHILD IS RELEASED AFTER THE
INITIAL DETENTION HEARING?
If your child is not detained after the initial detention hearing,
another court appearance will be scheduled. At that time, you,
your child and, if applicable, his or her attorney must appear before
the judge to answer the charges in the complaint.
CAN I ARRANGE FOR BAIL?
No, bail is not available for juveniles.
WHAT HAPPENS NEXT?
Court personnel will review the matter and determine how the case
will be handled.
HOW CAN THE COURT PROCESS MY CHILD’S CASE?
The court makes decisions on how cases are handled based on
the nature and seriousness of the offense, age of your child, any
prior record, and willingness of parties to cooperate. Cases are
handled in one of the following ways.
A. Juvenile Conference Committee (JCC) or Intake Services
Conference (ISC)
B. Juvenile referee/Informal court
C. Judge/Formal court
A. Juvenile Conference Committee
or Intake Services Conference
A delinquency complaint can be referred to a Juvenile Conference
Committee or Intake Services Conference. A Juvenile Conference
Committee is a trained citizen volunteer panel appointed by the
court. An Intake Services Conference is conducted by a Judiciary
staff person. The parent, the juvenile and the person who filed the
complaint are invited to discuss the offense and other related
factors. The committee or intake officer does not have the
authority to determine delinquency. This is an informal discussion
of the events and all parties must be in agreement. Attorneys are
not required. There is no chance of your child being sent away to a
juvenile facility. The disposition recommendations will be placed
on an agreement/court order signed by your child, you as his or her
parent/legal guardian, and the person who filed the complaint. This
agreement will then be forwarded to the judge for final approval.
The resolution of the case can include conditions such as curfew,
counseling, evaluation, community service, restitution, or any
condition that will aid in your child's rehabilitation. If the parties do
not agree to the proposed conditions, the terms can be discussed
and changed to all parties’ satisfaction. If all agree to the
conditions, a juvenile conference committee or intake staff person
will monitor the completion of the conditions. If the parties cannot
come to an agreement, the case may be sent back to the judge.
Upon successful completion of the agreed-upon conditions, the
case is dismissed. However, If your child fails to complete the
conditions or new complaints are signed prior to dismissal, the
original complaint will go back to court to be heard by a judge.
B. Juvenile Referee/Informal Court
A juvenile referee conducts a hearing at which your child will be
expected to admit or deny that he or she did what is alleged in the
complaint. If necessary, the juvenile referee will make a finding of
the facts and a determination of delinquency. The referee will
make a recommendation to the judge regarding the finding and
disposition. Dispositions that the referee recommends are subject
to approval by the judge and include those available in matters
handled by a judge with the exception of out-of-home placement. If
you disagree with the findings of the juvenile referee, you must tell
the referee immediately at the end of the hearing before the
findings and recommendations are sent to the judge.
C. Judge/Formal Court Calendar
A judge oversees the court hearing. At this hearing, your child will
be expected to enter a plea admitting or denying the charge.
These court cases are placed on the judge’s informal calendar or
on the formal calendar. If the case is on the informal calendar, also
known as counsel non-mandatory, your child may have a lawyer,
but it is not a requirement. If the case is on the formal calendar,
also known as counsel-mandatory, you must hire a lawyer. If you
cannot afford one, you will be advised to complete a 5A form to
determine eligibility for a public defender. Public defender
representation for juveniles facing delinquency charges is not free,
and you may be billed for services performed by the public
defender’s office. You should talk to your child’s public defender
about what your financial obligations will be.
If you do not apply for a public defender or do not qualify, a lawyer
will be assigned to represent your child. You will be required to pay
the lawyer at the end of the case. If the facts in the case are
disputed, the judge will decide the case. If the judge finds your
child delinquent, the judge will impose a disposition in accordance
with New Jersey law. If you disagree with the judge’s decision, you
can file an appeal within 45 days.
The court can order any disposition to aid in your child’s
rehabilitation and to reinforce your child’s accountability including
fines, community service and/or a term of supervision such as
probation, deferred disposition, or a period of confinement.
Probation offers juveniles the opportunity to remain in the
community under supervision by a probation officer who oversees
their compliance with rules and conditions imposed by the judge.
Probation can last for a period of up to three years. If your child
does not obey the conditions of probation, there will be
consequences such as increased probation reporting or a curfew
and your child could be charged with a violation of probation
(VOP). If all conditions are met and your child shows significant
progress, your child may earn an earlier end to the probation term.
In some instances, formal disposition can be deferred or delayed
for up to one year. During this period, your child must complete
any special conditions ordered by the judge and must not be
charged with a new offense. If he or she meets all conditions
during the deferral period, the complaint will be dismissed. If
conditions are not met, the original complaint will go back to court
and be heard by the judge.
In addition, for cases on the formal counsel mandatory calendar
only, the judge also has the option to order a period of confinement
in a juvenile detention facility, incarceration in a correctional facility
for youth, out-of-home placement, or a clinical residential treatment
or residential drug and alcohol treatment program. Although the
judge has the power to confine or incarcerate your child, this does
not mean that the judge will choose this as an option if your child is
found delinquent. The judge must order a pre-disposition report to
be completed by a court officer. This report will help the judge
determine the appropriate disposition. When there is a chance of
incarceration, your child must be represented by an attorney, and
you may direct questions to the attorney.
WHAT HAPPENS IF MY CHILD AND I CANNOT KEEP
A COURT DATE?
Notice of court dates will be given to you in advance. You, your
child or your child’s lawyer, if he or she has one, must notify the
court when your child cannot appear. If the court is not notified, the
judge can issue a warrant for your child’s arrest.
CAN MY CHILD OR I PRESENT WITNESSES?
Juvenile Conference Committee/Intake Services Conference: Yes,
you can invite witnesses, but witnesses are not required. Contact
the phone number listed on your notice for information or the
Juvenile Intake Unit for your county
Juvenile referee/Informal court: Yes, you can present witnesses.
Contact the juvenile team leader at the telephone number listed on
the court notice for information.
Judge/Formal court: Yes, please consult with your child’s lawyer.
WHAT HAPPENS AT THE HEARING?
If the judge finds that your child has committed the offense(s)
charged, the judge will enter a finding known as an adjudication
and make a decision known as entering a disposition.
WHAT DISPOSITIONS OR CONSEQUENCES CAN THE
COURT IMPOSE ON MY CHILD?
The dispositions and consequences that the court could impose on
your child in order to rehabilitate him/her and prevent future
delinquency include but are not limited to:
• adjourned disposition;
• community service;
• diversion;
• fines;
• probation;
• release to parent or guardian;
• required support services;
• required parental involvement;
• residential mental health and/or substance abuse and
alcohol treatment;
• restitution;
• transfer of custody;
• secure confinement/incarceration;
• suspension of driver’s license; and
• work, outdoor, academic, and/or vocational programs.
In some types of juvenile cases, there are mandatory dispositions,
and in some types of offenses, such as certain drug-related
matters, fines must be imposed by the court.
DOES MY CHILD HAVE THE RIGHT TO APPEAL?
If your child disagrees with the outcomes of the case, he or she has
the right to appeal the findings of the court within 45 days of the
final court order. Information on appeals can be found on the
Judiciary Web site at www.njcourts.com.
CAN A JUVENILE RECORD BE EXPUNGED?
For certain juvenile matters, expungement is permitted if five years
have passed since the final discharge of the person from legal
custody or supervision or if five years have passed since the entry
of any other court order not involving custody or supervision.
Certain offenses may not be expunged. For general information
regarding expungements, visit the Judiciary’s Web site at
www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf, and for
information relating to your child’s specific case, consult an
attorney.
ARE JUVENILE COURT RECORDS CONFIDENTIAL?
Under New Jersey law, juvenile records are available only to
certain judicial, law enforcement, and governmental agencies as
specified in N.J.S.A. 2A:4A-60. Any other agency or person can
only have access to the records by making a motion before a judge
for good cause. You should be aware that the charge, adjudication,
and disposition information is available to victims, law enforcement
agencies, and schools. Further, if your child applies for certain
types of military, government, or law enforcement services, he or
she may be asked to disclose his or her juvenile record.
WILL THERE BE A RECORD OF MY CHILD’S
FINGERPRINTS AND DNA?
Yes, in most cases there will be a record of your child's fingerprints
and DNA. Juveniles who are found to be delinquent for an act that
if committed by an adult would be a crime by law must provide
fingerprints and a DNA sample. You should ask your child’s lawyer
about your child’s situation.
REMINDERS
• You should always make certain that the court
system in addition to your child’s attorney has your
correct address and telephone number. Contact the
number listed on the court notice or the Juvenile
Intake Unit listed on page 12 to advise of any changes
to your child’s address and/or telephone number.
• If you think that you or your child has been treated
unfairly or disrespectfully, you can contact the family
division manager or ombudsman.
• The vicinage ombudsman is also available to assist
with related concerns and questions. Contact
information is listed on page 12 of this publication.
At any time during a juvenile justice proceeding,
your child has the right to legal representation.
GLOSSARY
TERM DEFINITION
adjudication- A determination by a judge that a
juvenile has or has not committed the
charge(s) listed in the complaint.
allegation An accusation included on the
complaint form. When your child is
alleged to have committed an offense,
the state is required to prove that the
allegation is true.
complaint -A document filed with the court
accusing a person of a crime or
violation of the law. The complaint
contains the charge made against your
child.
counsel-mandatory
hearing
A court appearance in which the law
requires your child to have a lawyer.
This also is known as a formal hearing.
counsel nonmandatory
hearing
A court appearance in which the law
does not require your child to have a
lawyer, although it is always advisable
to consult with a lawyer. This also is
known as an informal hearing.
delinquency An act by a juvenile under the age of 18
that if committed by an adult would
constitute a crime, a disorderly persons
offense, a petty disorderly persons
offense, or a violation of any other
statute, ordinance, or regulation.
diversion or diverted
complaint
The reviewers of the complaint have
determined that the charge is not
serious enough to require going before
a judge or juvenile referee, so the
matter is sent to an alternative program
such as a Juvenile Conference
Committee for potential resolution.
formal court hearing- A court appearance in which the law
requires your child to have a lawyer.
This also is known as a counselmandatory
hearing.
informal court hearing A court appearance in which the law
does not require your child to have a
lawyer, although it is always advisable
to consult with a lawyer. This also is
known as a counsel non-mandatory
hearing.
incarceration Your child is confined in a juvenile
detention facility or youth correctional
facility.
waiving a right/waiver
of a right
Giving up the right to a process or
procedure such as a hearing.
waiver to be tried as
an adult
The transfer of a juvenile delinquency
charge to criminal court for processing
as an adult.
warrant A court order instructing the police to
pick up and transport your child to a
detention center, shelter or to the
courthouse for a hearing.
disposition A court-ordered outcome or resolution
to a case for juveniles is called a
disposition and for adults is called a
sentence.
detained or
in detention
Your child is being held in a detention
center or in a shelter facility.
public defender A defense attorney who can be
assigned to represent your child.
Public defender representation for
juveniles facing delinquency charges is
not free, and you may be billed for
services performed by the public
defender’s office.
Source: http://www.judiciary.state.nj.us/family/juvenilebooklet.pdf
COUNTY Family Division,
Superior Court
Juvenile Intake
Unit Ombudsman
Atlantic (609) 345-6700
x3451
(609) 345-6700
x3318 or 3305
(609) 345-6700
x3346
Bergen (201) 527-2501 (201) 527-2323 (201) 527-2734
Burlington (609) 518-2691 (609) 518-2680 (609) 518-2530
Camden (856) 379-2331 (856) 379-2200
x3651 (856) 379-2238
Cape May (609) 345-6700
x3451 (609) 463-6612 (609) 345-6700
x3346
Cumberland (856) 453-4580 (856) 453-4544 (856) 453-4538
Essex (973) 693-6667 (973) 693-6775 (973) 693-5728
Gloucester (856) 453-4580 (856) 686-7430 (856) 453-4538
Hudson (201) 795-6779 (201) 795-6745 (201) 217-5399
Hunterdon (908) 231-7617 (908) 237-5926 (908) 203-6131
Mercer (609) 571-4379 (609) 571-4390 (609) 571-4205
Middlesex (732) 519-3266 (732) 519-3266 (732) 519-3344
Monmouth (732) 677-4304 (732) 677-4091 (732) 677-4209
Morris (973) 656-4307 (973) 656-4308 (973) 656-3969
Ocean (732) 929-2042 (732) 929-4717 (732) 288-7212
Passaic (973) 247-8459 (973) 247-8459 (973) 247-8651
Salem (856) 453-4580 (856) 935-7510 (856) 453-4538
Somerset (908) 231-7617 (908) 231-7637 (908) 203-6131
Sussex (973) 656-4307 (973) 579-0615 (973) 656-3969
Union (908) 659-5800 (908) 659-5860 (908) 659-4646
Warren (908) 231-7617 (908) 475-6167 (908) 203-6131
Saturday, November 14, 2009
KENNETH VERCAMMEN – resume and community involvement
KENNETH VERCAMMEN – resume and community involvement
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. He has successfully handled over One thousand Municipal Court and Superior Court matters in the past 18 years.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court),with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA. He started his career as a trial attorney for Drazin & Warshaw in Hazlet and Red Bank, NJ, and Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl in North Brunswick.
ADMISSIONS: Admitted In NJ, NY, PA, US Supreme Court and Federal District Court
MANAGING ATTORNEY Kenneth Vercammen & Associates, PC March 1990-Present
Full service Law practice with offices in Edison and Cranbury.
PROSECUTOR Township of Cranbury, Middlesex County, NJ 1991-1999
Municipal Prosecutor for criminal and traffic cases involving Township and State Police
-Acting Assoc. Prosecutor: Carteret Municipal Court, Middlesex County, NJ 2000
EDITOR- NJ MUNICIPAL COURT LAW REVIEW 1993- present
Middlesex County Bar Association 2008 Municipal Court Attorney of the Year
NJ State Bar Association- 2005-2006 Municipal Court Attorney of the Year Award
New Jersey Super Lawyers selection 2009, 2008, 2007, 2006
Who's Who in America 2004
NJ State Bar Association- 2002 General Practitioner of the Year Award
1993 AWARD WINNER "Service to the Bar Award"- New Jersey State Bar Association YLD
RELEVANT LITIGATION SPEAKING ENGAGEMENTS:
-Criminal, DWI and Drug Cases- NJ State Bar Annual Meeting 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 01, 00, 99
-Civil Trial Practice- Middlesex Bar 2004
-Personal Injury Litigation- NJ Institute for Continuing Legal Education/ NJ State Bar
2001, 2000,1999,1998,1997,1996,1995,1994,1993,1991
-Municipal Court Handling Serious Cases ICLE/NJSBA-2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002,2001,2000,1998,1997,1995,1994
-NJ Association of Municipal Court Administrators 2002
-Edison Police Auxiliary- Search and Seizure 2002
-New Jersey Network TV- Due Process TV show 2000
-Cablevision TV- Law on the Line 2003, 2001
-Elder Law and Probate NJSBA/ ICLE 2009, 2008, 2007, 2006, 2005, 2004, 03,02,01,99,98,97,96
PUBLICATIONS:
Published 150 separate Law Review and Legal Periodical articles in legal journals such as New Jersey Law Journal, American Bar Association Barrister, New Jersey Lawyer, ABA Law Practice Management, and New Jersey State Bar Association's Dictum. Listed on www.njlaws.com.
KENNETH VERCAMMEN, ESQ.
RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE
East Brunswick Adult School 2009, 2008
Middlesex County Police Chiefs 2009- Living Wills
Middlesex County College- Wills & Probate 2007
Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
- Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
-Elder Law and Estate Planning- American Bar Association New York City 2008, Miami 2007
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Hall's Corner 2002;
-Linden AARP 2002
-Woodbridge Adult School -Wills and Estate Administration -2001, 2000,1999,1998,1997,1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
-Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
-Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
-AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005
-Senior Legal Points University of Medicine & Dentistry UMDNJ & St. Peter's-2000, 1999,1998
-East Brunswick AARP Wills 2001; -Iselin/ Woodbridge AARP Wills 2000
-Metuchen Reformed Church; Franklin/ Somerset/ Quailbrook Seniors 2001
-North Brunswick Senior Day 2001
-Wills, Elder Law and Probate-South Brunswick Adult School & Channel 28 TV 1999, 1997,1993
-Wills and Estate Planning-Old Bridge Adult School 1998,1997,1995
-Senior Citizen Law-Perth Amboy YMHA 1995; Temple Beth Or 2002;
-Wills, Living Wills and Probate-Spotswood Community School 1995,1994,1993
-Wills and Probate-Sayreville Adult School 1997, 1996,1995,1994
-Living Wills-New Jersey State Bar Foundation and St. Demetrius, Carteret 1994
-Wills and Estate Planning-Edison Elks and Senior Citizens January 1994
-"Legal Questions Clinic" Metuchen Adult School March 1995,1994,1993
-Estate Planning to Protect Families-Metuchen Chamber of Commerce April 1993
SPECIAL ACTING PROSECUTOR: Woodbridge, East Brunswick, Metuchen, South Brunswick, Perth Amboy, Cranbury, South Plainfield, Clark, South River, Hightstown, Carteret, Jamesburg, Berkeley Heights on conflict matters. Past President- Middlesex Municipal Prosecutor's Association. Previous experience with the Delaware County, Pennsylvania District Attorney Office, Middlesex County Probation Department and Scranton District Magistrate Office.
Metuchen Public Defender 2001- present Edison Public Defender 1990-1991
KENNETH VERCAMMEN- Community Service
NON- PROFIT: -Edison Elks-Presiding Justice 1993- Present
-Y.B. CHOI TAE KWON DO (Korean Karate)- 4th degree Black Belt awarded 2008 3rd degree 2004 ; 2nd degree December 1993, 1st degree Black Belt December 2001
-Raritan Valley Road Runners- Comeback of the Year Award 2002 and ranked Master Distance Runner; state champion 20,000 meter team 2005
New Jersey State Age Group Champion Garden State Games 5,000 meter run 1993
-Bishop Ahr/St. Thomas Aquinas H.S. Alumni Society
Elected Vice-President 1989-1990; Class of 1977- 25 year Reunion Chair
-Edison 14th District Committeeman Elected 1988-1994
-St. Francis Cathedral- Church Lector 1990-1994
-University of Scranton, North Jersey Alumni Chapter Co-Chair, Fall Social 1988
-Knights of Columbus-Fourth Degree Knight, Edison Council
Edison NJ Essay Contest Chair 1992,1993
Metuchen Chamber of Commerce, Past member Edison Chamber of Commerce;
RUNNING:
Raritan Valley Road Runners RVRR Rumson HashHouse Harriers
Central Jersey Road Runners CJRR Jersey Shore Triathlon Club JSTC
Freehold Area Running Club FARC Scranton Area Organization Runners SOAR
Jersey Shore Running Club JSRC USATF- US Athletic Track & Field
Sandy Hook Triathlon Club First Place- Bergen Bar 5k Law Day Run May 2001 South Brunswick Running Group- President First Place- CJRR Summer 5K 2002
First Place: Cocoa Beach 2 mile 2008, 2007; Cranford Run for Lupus 4 mile 2006, JSRC Twilight run 2006. Indian Trials Middletown 3m 2005,2004; Stroudsburg 5k 2005, 2004; Wildwood 5k, Ocean Winter 4 mile, Edison Lannie 5k, 2004; Washington DC Run for Justice 5K 2002
CJRR Age group champ 2005,2004, 2002, 1996, 1995
New York Marathon top 100 NJ Finisher
ACTIVITIES: Married 1989, one son born 1991, daughter born 1994
Weekend Road Running Races, Triathlons, Soccer
Tae Kwon Do Karate
SOUTH BRUNSWICK AREA
Summer Blast/Ireland Brook Neighborhood Sponsor
So. Brunswick Soccer Asst. Coach Travel 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000, 1999, 98
So. Brunswick Athletic Assoc.-Team Sponsor and helper with son's team
So. Brunswick Viking 5k- volunteer
South Brunswick 5K running Race volunteer
So. Brunswick Bicentennial Volunteer
Neighborhood Picnic Sponsor 1998-2009
So. Brunswick 50 Mile Bike Volunteer and 50 mile Finisher
Holt for Congress Volunteer
CHARITABLE: American Cancer Society-Chairman
Annual Summer Fundraiser Picnic- 1987,88,89,90,91,92
Chairman, Annual Christmas Fundraiser- 1987,88,89,90,911,92
Recipient-Young Professionals Award-Sept. 1988, Sept. 1989
Board of Manager's - 1989-1994 Founder and Chair-Young Professionals Group
KENNETH VERCAMMEN, ESQ. Education & Awards
LEGAL EDUCATION: The Widener/ Delaware Law School, J.D., May 1985
Class Rank: Top Ten Percent
Awards: Honor Grades: Federal Income Tax, Business Organization, Criminal Law, Advanced Advocacy, Family Law, New Jersey Practice, Unfair Trade Practices, Professional Liability.
Outstanding Service Award Recipient in Graduation Ceremony
Delaware Merit Scholarship - 1983, 1984
Provincial Winner - Phi Delta Phi Legal Honor Fraternity Graduate of the Year Award
Who's Who in American Law Schools
ACTIVITIES:
Law Review- Senior Staff-Member
Harvard Journal of Law and Public Policy, Senior Editor 1984-1985
Winner - Sixth Annual Trial Advocacy Competition
First Prize - Delaware Law School/ATLA Environmental Law Essay Contest
Delaware Law Forum, Casenote Editor
Working Scholar- Hon. Philip Gruccio, Assignment Judge of Atlantic, Cumberland, Cape May, Salem Counties
Association of Trial Lawyers of America, Delaware Chapter Treasurer
Law School Running Club - President
Research Assistant - Dean Arthur Weeks
Publications- Published in Law Review and wrote more articles than 75% of law faculty members
PRELEGAL EDUCATION: University of Scranton B.S., January 1981
Major: Political Science: Graduated Cum Laude in 3-1/2 years
Honors:
- Cited in Who's Who in American Colleges and Universities;
- Dean's List; Pi Gamma Mu Honor Society; Pi Sigma Alpha Honor Society.
- Varsity Cross- Country - Team Captain and Record Holder of Indoor Half-Mile
- District Magistrate Thomas Hart- Paid Law Clerk/ Executive Assistant
- Pre-Law Society Public Relations Director
- Voter Registration Drive Coordinator
- Internship with Pa. Representative Hon. Fred Belardi
- School Newspaper Staff and Sportswriter
- WYRE radio station sports caster
- 3rd Place Wrestling Tournament
- Campus Bowl Intellectual Competition (Team Captain)
- Trustee Day Volunteer, Red Cross Blood Drive Volunteer
- Senior Class - Hard Rockers Social Committee Chair
-Alumni Society-Estate Planning Council 1997-Present
- Class of 1981 20 year Reunion Executive Committee member 2001 -25 Year Reunion Co-chair
KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
The American Bar Association is the largest voluntary professional organization in the world with more than 400,000 members
AMERICAN BAR ASSOCIATION - National Appointments:
General Practice Solo & Small Firm Division
-Estate Planning, Probate & Trust Committee- Chair 2008-2009, 2006-2007
-Elder Law Committee Chair 2005- present, Vice Chair 1996-1999
- Criminal Law Committee Deputy Chair 2006-present
- Tort, Personal Injury and Insurance Committee Chair 2005- 2006
-Deputy Chair and Newsletter Editor-GP Marketing Legal Services Committee 1993 -1996
- Probate & Estate Planning Committee- Newsletter Editor & Vice Chair 1997-1999, Vice Chair 2005
-Litigation Committee Member 1993 - present
BUSINESS AND AMERICAN BAR ASSOCIATION SPEAKING ENGAGEMENTS:
-Elder Law, Estate and Probate ABA Chicago Annual Meeting
-Elder Law and Probate New York City 2008 Annual Meeting
- Improving Your Elder Law & Estate Practice San Francisco, CA 2007
-Elder Law and Estate Planning- ABA Miami 2007
-Elder Law Practice, New Ethical Ideas to Improve Your Practice for Clients ABA Hawaii 2006
-Marketing Success Stories ABA Toronto 1998
-Opening a Business-Sayreville Adult School 1997,1996,1995
-Olympians of Marketing- ABA Annual Meeting-Orlando, Florida 1996
-Unique Marketing Techniques & Client Relations III ABA Annual Meeting-Chicago 1995
-Starting a Business-Brooklyn Bar Association 1995,1994
-Personal Marketing & Relations - 1995 Miami ABA meeting LPM Personal Marketing Skills IG
co-sponsored by four Major National Bar Sections and committees
-How to Start a Practice-1994 New Orleans ABA Annual Meeting LPM primary sponsor
-1993 New York Annual Meeting "Marketing for Small Firms"
LAW PRACTICE MANAGEMENT SECTION ABA- LPM
-Co-Chair with Jay Foonberg-ABA LPM Personal Marketing Skills Group 1998,1997,1996,1995,1994
-Speaker at many ABA Annual Meetings
-National Liaison and ex-officio member of Law Practice Management Section Council 1993 - 1995
-National Chair - Law Practice Management Committee YLD 1992-1993
-Chair and Newsletter Editor-Marketing Legal Services Committee 1996-1997,1999-2000
ABA Attendance at Leadership Conferences and participation at following Annual and Sectional meetings: Chicago 2009, New York 2008, Philadelphia GP 2007, San Francisco 2007, Washington GP 2007, Miami 2007, Hawaii 2006, Philadelphia LPM 2005; Washington DC 2002; Philadelphia 2002; London 2000, New York 2000, Atlanta 1999, Beverly Hills 1999, Cancun LPM 1998, Naples-LPM 1997; Captiva 1996, Orlando 1996, Coronado LPM 1995, Chicago 1995, Miami 1995, Washington D.C. GP 1995, Vancouver LPM 1995, New Orleans 1995, Napa, CA LPM 1994, Colorado LPM 1993, New York 1993, Boston 1993, San Francisco 1992, Cleveland GP 1992, Scottsdale AZ 1991, Los Angeles 1990, Hawaii 1989, Philadelphia 1988, Toronto 1988, New York City 1986, Washington DC 1985
KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
New Jersey State Bar Association- Municipal Court Section Chair 2003-2004, Vice Chair 1999-2002; Chair of Municipal Court Education Committee 1996-Present
Middlesex County Bar Association Chair Municipal Court Practice Committee 1997-2008
County Bar Board of Trustees 2000- 2006
New Jersey State Bar Association -General Practice Section-Board of Directors 1995- Present
ADJUNCT PROFESSOR Middlesex County College
Edison, NJ February, 2001-April, 2001; Jan. 1990-May, 1991
Instructor of "Criminal Law and Procedure" and Business Law. Taught college students the elements of crime and the criminal procedure system. Explained the incidents before and after trial and analyzed the impact of the Constitution on crimes and criminal procedures.
New Jersey Superior Court - Certified Mediator 1997-
New Jersey Supreme Court Committee on Municipal Courts 2000-2005
Other Speaking
-Update of Municipal Court-NJSBA Annual Meeting Atlantic City 1999,1997, 95, 94
- Cranbury Twp Municipal Alliance Against Substance Abuse 2004, 2002
-ATLA-NJ - New Jersey Courts 1991
-Intoxicated Driver Resource Center/IDRC - DUI Law 1999, 1991
-Preventing the Impaired Driver-Coalition Against Impaired Drivers 1992
-Winning Lawsuit Threshold Cases NJSBA 1992
-WCTC Radio Mid-Day Legal Advisor - Criminal and Traffic Laws 1991 and 1990
-Computers in Litigation-NJSBA Law Office Management 1994
-Self Defense Law in New Jersey - Cranbury Police Dept. 1997,1993,1992
Self Defense and Home Protection - Speaker - New Brunswick Crime Watch - 1989
-Wills and Power of Attorney 1991 Edison Democratic Association
Defending Speeding Cases - New Jersey State Bar Association/NJSBA - 1989
-Family Law & Domestic Violence Trial Practice NJ State Bar Association 1995,1994,1993
-Automobile Insurance - Middlesex County College - 1990
-Criminal & Juvenile Courts Piscataway Vo Tech – 1990
-Living Wills-Dean Witter and Nordstroms, Menlo Park Mall October 1992; Trusts and Living Wills-Dean Witter, Metro Park, June 1992; Estate Planning-North Brunswick Republican Club May 1992;
Make a Wish Foundation- Co Chair 19th Annual Summer Blast 1994 in Belmar, NJ
Co Chair Christmas Fundraiser 1993
Jersey Shore Medical Center Chair-18th Annual Summer Blast to Benefit the Jersey Shore Regional
Trauma Center at Bar Anticipation, Belmar 1993
American Red Cross Elected to Board of Directors 1988-1991
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. He has successfully handled over One thousand Municipal Court and Superior Court matters in the past 18 years.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court),with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA. He started his career as a trial attorney for Drazin & Warshaw in Hazlet and Red Bank, NJ, and Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl in North Brunswick.
ADMISSIONS: Admitted In NJ, NY, PA, US Supreme Court and Federal District Court
MANAGING ATTORNEY Kenneth Vercammen & Associates, PC March 1990-Present
Full service Law practice with offices in Edison and Cranbury.
PROSECUTOR Township of Cranbury, Middlesex County, NJ 1991-1999
Municipal Prosecutor for criminal and traffic cases involving Township and State Police
-Acting Assoc. Prosecutor: Carteret Municipal Court, Middlesex County, NJ 2000
EDITOR- NJ MUNICIPAL COURT LAW REVIEW 1993- present
Middlesex County Bar Association 2008 Municipal Court Attorney of the Year
NJ State Bar Association- 2005-2006 Municipal Court Attorney of the Year Award
New Jersey Super Lawyers selection 2009, 2008, 2007, 2006
Who's Who in America 2004
NJ State Bar Association- 2002 General Practitioner of the Year Award
1993 AWARD WINNER "Service to the Bar Award"- New Jersey State Bar Association YLD
RELEVANT LITIGATION SPEAKING ENGAGEMENTS:
-Criminal, DWI and Drug Cases- NJ State Bar Annual Meeting 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 01, 00, 99
-Civil Trial Practice- Middlesex Bar 2004
-Personal Injury Litigation- NJ Institute for Continuing Legal Education/ NJ State Bar
2001, 2000,1999,1998,1997,1996,1995,1994,1993,1991
-Municipal Court Handling Serious Cases ICLE/NJSBA-2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002,2001,2000,1998,1997,1995,1994
-NJ Association of Municipal Court Administrators 2002
-Edison Police Auxiliary- Search and Seizure 2002
-New Jersey Network TV- Due Process TV show 2000
-Cablevision TV- Law on the Line 2003, 2001
-Elder Law and Probate NJSBA/ ICLE 2009, 2008, 2007, 2006, 2005, 2004, 03,02,01,99,98,97,96
PUBLICATIONS:
Published 150 separate Law Review and Legal Periodical articles in legal journals such as New Jersey Law Journal, American Bar Association Barrister, New Jersey Lawyer, ABA Law Practice Management, and New Jersey State Bar Association's Dictum. Listed on www.njlaws.com.
KENNETH VERCAMMEN, ESQ.
RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE
East Brunswick Adult School 2009, 2008
Middlesex County Police Chiefs 2009- Living Wills
Middlesex County College- Wills & Probate 2007
Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
- Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
-Elder Law and Estate Planning- American Bar Association New York City 2008, Miami 2007
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Hall's Corner 2002;
-Linden AARP 2002
-Woodbridge Adult School -Wills and Estate Administration -2001, 2000,1999,1998,1997,1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
-Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
-Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
-AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005
-Senior Legal Points University of Medicine & Dentistry UMDNJ & St. Peter's-2000, 1999,1998
-East Brunswick AARP Wills 2001; -Iselin/ Woodbridge AARP Wills 2000
-Metuchen Reformed Church; Franklin/ Somerset/ Quailbrook Seniors 2001
-North Brunswick Senior Day 2001
-Wills, Elder Law and Probate-South Brunswick Adult School & Channel 28 TV 1999, 1997,1993
-Wills and Estate Planning-Old Bridge Adult School 1998,1997,1995
-Senior Citizen Law-Perth Amboy YMHA 1995; Temple Beth Or 2002;
-Wills, Living Wills and Probate-Spotswood Community School 1995,1994,1993
-Wills and Probate-Sayreville Adult School 1997, 1996,1995,1994
-Living Wills-New Jersey State Bar Foundation and St. Demetrius, Carteret 1994
-Wills and Estate Planning-Edison Elks and Senior Citizens January 1994
-"Legal Questions Clinic" Metuchen Adult School March 1995,1994,1993
-Estate Planning to Protect Families-Metuchen Chamber of Commerce April 1993
SPECIAL ACTING PROSECUTOR: Woodbridge, East Brunswick, Metuchen, South Brunswick, Perth Amboy, Cranbury, South Plainfield, Clark, South River, Hightstown, Carteret, Jamesburg, Berkeley Heights on conflict matters. Past President- Middlesex Municipal Prosecutor's Association. Previous experience with the Delaware County, Pennsylvania District Attorney Office, Middlesex County Probation Department and Scranton District Magistrate Office.
Metuchen Public Defender 2001- present Edison Public Defender 1990-1991
KENNETH VERCAMMEN- Community Service
NON- PROFIT: -Edison Elks-Presiding Justice 1993- Present
-Y.B. CHOI TAE KWON DO (Korean Karate)- 4th degree Black Belt awarded 2008 3rd degree 2004 ; 2nd degree December 1993, 1st degree Black Belt December 2001
-Raritan Valley Road Runners- Comeback of the Year Award 2002 and ranked Master Distance Runner; state champion 20,000 meter team 2005
New Jersey State Age Group Champion Garden State Games 5,000 meter run 1993
-Bishop Ahr/St. Thomas Aquinas H.S. Alumni Society
Elected Vice-President 1989-1990; Class of 1977- 25 year Reunion Chair
-Edison 14th District Committeeman Elected 1988-1994
-St. Francis Cathedral- Church Lector 1990-1994
-University of Scranton, North Jersey Alumni Chapter Co-Chair, Fall Social 1988
-Knights of Columbus-Fourth Degree Knight, Edison Council
Edison NJ Essay Contest Chair 1992,1993
Metuchen Chamber of Commerce, Past member Edison Chamber of Commerce;
RUNNING:
Raritan Valley Road Runners RVRR Rumson HashHouse Harriers
Central Jersey Road Runners CJRR Jersey Shore Triathlon Club JSTC
Freehold Area Running Club FARC Scranton Area Organization Runners SOAR
Jersey Shore Running Club JSRC USATF- US Athletic Track & Field
Sandy Hook Triathlon Club First Place- Bergen Bar 5k Law Day Run May 2001 South Brunswick Running Group- President First Place- CJRR Summer 5K 2002
First Place: Cocoa Beach 2 mile 2008, 2007; Cranford Run for Lupus 4 mile 2006, JSRC Twilight run 2006. Indian Trials Middletown 3m 2005,2004; Stroudsburg 5k 2005, 2004; Wildwood 5k, Ocean Winter 4 mile, Edison Lannie 5k, 2004; Washington DC Run for Justice 5K 2002
CJRR Age group champ 2005,2004, 2002, 1996, 1995
New York Marathon top 100 NJ Finisher
ACTIVITIES: Married 1989, one son born 1991, daughter born 1994
Weekend Road Running Races, Triathlons, Soccer
Tae Kwon Do Karate
SOUTH BRUNSWICK AREA
Summer Blast/Ireland Brook Neighborhood Sponsor
So. Brunswick Soccer Asst. Coach Travel 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000, 1999, 98
So. Brunswick Athletic Assoc.-Team Sponsor and helper with son's team
So. Brunswick Viking 5k- volunteer
South Brunswick 5K running Race volunteer
So. Brunswick Bicentennial Volunteer
Neighborhood Picnic Sponsor 1998-2009
So. Brunswick 50 Mile Bike Volunteer and 50 mile Finisher
Holt for Congress Volunteer
CHARITABLE: American Cancer Society-Chairman
Annual Summer Fundraiser Picnic- 1987,88,89,90,91,92
Chairman, Annual Christmas Fundraiser- 1987,88,89,90,911,92
Recipient-Young Professionals Award-Sept. 1988, Sept. 1989
Board of Manager's - 1989-1994 Founder and Chair-Young Professionals Group
KENNETH VERCAMMEN, ESQ. Education & Awards
LEGAL EDUCATION: The Widener/ Delaware Law School, J.D., May 1985
Class Rank: Top Ten Percent
Awards: Honor Grades: Federal Income Tax, Business Organization, Criminal Law, Advanced Advocacy, Family Law, New Jersey Practice, Unfair Trade Practices, Professional Liability.
Outstanding Service Award Recipient in Graduation Ceremony
Delaware Merit Scholarship - 1983, 1984
Provincial Winner - Phi Delta Phi Legal Honor Fraternity Graduate of the Year Award
Who's Who in American Law Schools
ACTIVITIES:
Law Review- Senior Staff-Member
Harvard Journal of Law and Public Policy, Senior Editor 1984-1985
Winner - Sixth Annual Trial Advocacy Competition
First Prize - Delaware Law School/ATLA Environmental Law Essay Contest
Delaware Law Forum, Casenote Editor
Working Scholar- Hon. Philip Gruccio, Assignment Judge of Atlantic, Cumberland, Cape May, Salem Counties
Association of Trial Lawyers of America, Delaware Chapter Treasurer
Law School Running Club - President
Research Assistant - Dean Arthur Weeks
Publications- Published in Law Review and wrote more articles than 75% of law faculty members
PRELEGAL EDUCATION: University of Scranton B.S., January 1981
Major: Political Science: Graduated Cum Laude in 3-1/2 years
Honors:
- Cited in Who's Who in American Colleges and Universities;
- Dean's List; Pi Gamma Mu Honor Society; Pi Sigma Alpha Honor Society.
- Varsity Cross- Country - Team Captain and Record Holder of Indoor Half-Mile
- District Magistrate Thomas Hart- Paid Law Clerk/ Executive Assistant
- Pre-Law Society Public Relations Director
- Voter Registration Drive Coordinator
- Internship with Pa. Representative Hon. Fred Belardi
- School Newspaper Staff and Sportswriter
- WYRE radio station sports caster
- 3rd Place Wrestling Tournament
- Campus Bowl Intellectual Competition (Team Captain)
- Trustee Day Volunteer, Red Cross Blood Drive Volunteer
- Senior Class - Hard Rockers Social Committee Chair
-Alumni Society-Estate Planning Council 1997-Present
- Class of 1981 20 year Reunion Executive Committee member 2001 -25 Year Reunion Co-chair
KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
The American Bar Association is the largest voluntary professional organization in the world with more than 400,000 members
AMERICAN BAR ASSOCIATION - National Appointments:
General Practice Solo & Small Firm Division
-Estate Planning, Probate & Trust Committee- Chair 2008-2009, 2006-2007
-Elder Law Committee Chair 2005- present, Vice Chair 1996-1999
- Criminal Law Committee Deputy Chair 2006-present
- Tort, Personal Injury and Insurance Committee Chair 2005- 2006
-Deputy Chair and Newsletter Editor-GP Marketing Legal Services Committee 1993 -1996
- Probate & Estate Planning Committee- Newsletter Editor & Vice Chair 1997-1999, Vice Chair 2005
-Litigation Committee Member 1993 - present
BUSINESS AND AMERICAN BAR ASSOCIATION SPEAKING ENGAGEMENTS:
-Elder Law, Estate and Probate ABA Chicago Annual Meeting
-Elder Law and Probate New York City 2008 Annual Meeting
- Improving Your Elder Law & Estate Practice San Francisco, CA 2007
-Elder Law and Estate Planning- ABA Miami 2007
-Elder Law Practice, New Ethical Ideas to Improve Your Practice for Clients ABA Hawaii 2006
-Marketing Success Stories ABA Toronto 1998
-Opening a Business-Sayreville Adult School 1997,1996,1995
-Olympians of Marketing- ABA Annual Meeting-Orlando, Florida 1996
-Unique Marketing Techniques & Client Relations III ABA Annual Meeting-Chicago 1995
-Starting a Business-Brooklyn Bar Association 1995,1994
-Personal Marketing & Relations - 1995 Miami ABA meeting LPM Personal Marketing Skills IG
co-sponsored by four Major National Bar Sections and committees
-How to Start a Practice-1994 New Orleans ABA Annual Meeting LPM primary sponsor
-1993 New York Annual Meeting "Marketing for Small Firms"
LAW PRACTICE MANAGEMENT SECTION ABA- LPM
-Co-Chair with Jay Foonberg-ABA LPM Personal Marketing Skills Group 1998,1997,1996,1995,1994
-Speaker at many ABA Annual Meetings
-National Liaison and ex-officio member of Law Practice Management Section Council 1993 - 1995
-National Chair - Law Practice Management Committee YLD 1992-1993
-Chair and Newsletter Editor-Marketing Legal Services Committee 1996-1997,1999-2000
ABA Attendance at Leadership Conferences and participation at following Annual and Sectional meetings: Chicago 2009, New York 2008, Philadelphia GP 2007, San Francisco 2007, Washington GP 2007, Miami 2007, Hawaii 2006, Philadelphia LPM 2005; Washington DC 2002; Philadelphia 2002; London 2000, New York 2000, Atlanta 1999, Beverly Hills 1999, Cancun LPM 1998, Naples-LPM 1997; Captiva 1996, Orlando 1996, Coronado LPM 1995, Chicago 1995, Miami 1995, Washington D.C. GP 1995, Vancouver LPM 1995, New Orleans 1995, Napa, CA LPM 1994, Colorado LPM 1993, New York 1993, Boston 1993, San Francisco 1992, Cleveland GP 1992, Scottsdale AZ 1991, Los Angeles 1990, Hawaii 1989, Philadelphia 1988, Toronto 1988, New York City 1986, Washington DC 1985
KENNETH VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
New Jersey State Bar Association- Municipal Court Section Chair 2003-2004, Vice Chair 1999-2002; Chair of Municipal Court Education Committee 1996-Present
Middlesex County Bar Association Chair Municipal Court Practice Committee 1997-2008
County Bar Board of Trustees 2000- 2006
New Jersey State Bar Association -General Practice Section-Board of Directors 1995- Present
ADJUNCT PROFESSOR Middlesex County College
Edison, NJ February, 2001-April, 2001; Jan. 1990-May, 1991
Instructor of "Criminal Law and Procedure" and Business Law. Taught college students the elements of crime and the criminal procedure system. Explained the incidents before and after trial and analyzed the impact of the Constitution on crimes and criminal procedures.
New Jersey Superior Court - Certified Mediator 1997-
New Jersey Supreme Court Committee on Municipal Courts 2000-2005
Other Speaking
-Update of Municipal Court-NJSBA Annual Meeting Atlantic City 1999,1997, 95, 94
- Cranbury Twp Municipal Alliance Against Substance Abuse 2004, 2002
-ATLA-NJ - New Jersey Courts 1991
-Intoxicated Driver Resource Center/IDRC - DUI Law 1999, 1991
-Preventing the Impaired Driver-Coalition Against Impaired Drivers 1992
-Winning Lawsuit Threshold Cases NJSBA 1992
-WCTC Radio Mid-Day Legal Advisor - Criminal and Traffic Laws 1991 and 1990
-Computers in Litigation-NJSBA Law Office Management 1994
-Self Defense Law in New Jersey - Cranbury Police Dept. 1997,1993,1992
Self Defense and Home Protection - Speaker - New Brunswick Crime Watch - 1989
-Wills and Power of Attorney 1991 Edison Democratic Association
Defending Speeding Cases - New Jersey State Bar Association/NJSBA - 1989
-Family Law & Domestic Violence Trial Practice NJ State Bar Association 1995,1994,1993
-Automobile Insurance - Middlesex County College - 1990
-Criminal & Juvenile Courts Piscataway Vo Tech – 1990
-Living Wills-Dean Witter and Nordstroms, Menlo Park Mall October 1992; Trusts and Living Wills-Dean Witter, Metro Park, June 1992; Estate Planning-North Brunswick Republican Club May 1992;
Make a Wish Foundation- Co Chair 19th Annual Summer Blast 1994 in Belmar, NJ
Co Chair Christmas Fundraiser 1993
Jersey Shore Medical Center Chair-18th Annual Summer Blast to Benefit the Jersey Shore Regional
Trauma Center at Bar Anticipation, Belmar 1993
American Red Cross Elected to Board of Directors 1988-1991
Wednesday, October 28, 2009
2C:33-17. Availability of alcoholic beverages to underaged, offenses
2C:33-17. Availability of alcoholic beverages to underaged, offenses
1. a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person.
This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.
b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense.
This subsection shall not apply if:
(1) the real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of R.S.33:1-1 et seq;
(2) the person making the property available, or leaving it in the care of another person, is of the legal age to consume alcoholic beverages and is the parent or guardian of the person who consumes alcoholic beverages while under the legal age for consuming alcoholic beverages; or
(3) the alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite.
1. a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person.
This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.
b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense.
This subsection shall not apply if:
(1) the real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of R.S.33:1-1 et seq;
(2) the person making the property available, or leaving it in the care of another person, is of the legal age to consume alcoholic beverages and is the parent or guardian of the person who consumes alcoholic beverages while under the legal age for consuming alcoholic beverages; or
(3) the alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite.
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