Questions Answered by Mr. Kenneth Albert Vercammen Esq.

Q: How to protect purselves from administrator make false statement to surrogate court?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Nov 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
Removing the Administrator who fails to comply with responsibility

Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then distribute the assets to beneficiaries. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Administrator simply...

Q: If I get pulled over for drunk driving, can I refuse to speak with the cop until I have a lawyer?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Nov 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
Right to Remain Silent upon arrest or police questioning- Miranda Rights

The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ...

Q: I was taken in Walmart stating I wasn’t scanning items and got arrested. Items was worth around $280. Is that jail time?

4 Answers | Asked in Criminal Law for New Jersey on
Answered on Nov 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
Shoplifting penalties if charges are not dismissed

2c:20-11 …..

(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.



(3) Shoplifting constitutes a crime of the fourth...

Q: I was charge with 2c:21-1A (2) , 2c:21-1A (3) and 2c:20-4 will I face jail time? I’m a first offender

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
presumption of no jail for first offense

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year max

community service 180 days maximum

Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3

plus mandatory costs, VCCO and other penalties

There are many other penalties that the court must impose in criminal cases, including DNA...

Q: What is penalty for joyriding

3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Answered on Apr 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
2C:20-10 Unlawful Taking of Means of Conveyance Joyriding

a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the owner or other person authorized to give consent. "Means of conveyance" includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles,...

Q: What are my rights, under NJ probate law, as a beneficiary to get inheritance check from executor?

3 Answers | Asked in Probate for New Jersey on
Answered on Apr 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
Obtain copy of Will from Surrogate, determine your bequest, then speak with attorney

Monmouth County Surrogate

Hall of Records

One E. Main Street

Freehold, NJ 07728-1265

(732) 431-7330

(732) 431-7344

Q: Several years ago, my brother inherited a condo in New Jersey that a close friend had left to him in her will.

2 Answers | Asked in Real Estate Law and Probate for New Jersey on
Answered on Apr 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
inheritance tax is a lien on property. The New Jersey Estate Tax is due on the decedent's date of death and must be paid within nine (9) months in all cases. Any tax not paid within nine (9) months generally bears interest at the rate of ten percent (10%) per annum from the expiration of nine months until paid.

Q: I let another individual / friend use my vehicle for personal reasons and a crime of eluding was committed in my vehicle

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Feb 22, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
This is the statute: 2C:29-2 b

Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the...

Q: I am being charged with defiant trespassing, is it possible to lessen the charge or even to have it dropped?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Feb 22, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
this is the statute to help you:

2C:18-3

b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3) Fencing or other enclosure manifestly...

Q: Does harassment charges stick on the first offense

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Feb 22, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
To help you this is the statute:

2C:33-4a Harassment 2C:33-4 . Harassment.

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or...

Q: I have no living relatives or loved ones. Can I will all my assets to my dog and note in my will that some of the funds

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Oct 15, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
A Will can leave assets for care of a pet. Provide For Pets in Your Will and Trust If You Become Disabled

A bequest in your Will or Living Trust is an uncomplicated way to help protect your pets.

A bequest may take several forms. It can be a specific sum, a percentage of your estate, or the remainder of your estate after expenses and gifts to loved ones. Bequests can include cash, securities, real estate, houses, and personal property such as valuable collections, art, or...

Q: Can i get a restraining order against my boyfriend's brother if we live together and he assaulted me?

2 Answers | Asked in Criminal Law and Personal Injury for New Jersey on
Answered on Oct 15, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
Domestic Violence Victims Rights in NJ

The Family Judge Powers:

At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:



(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.



(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the...

Q: What is 2c:39-4d , 2c:39-5d

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Answered on Oct 15, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
2C:39-4 . Possession of weapons for unlawful purposes.

a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a...

Q: is a seat belt ticket a moving violation? it was a $50 dollar fine, no points. It did not endanger a child.

4 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Traffic Tickets for New Jersey on
Answered on Oct 15, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
39:3-76.2 Seat belts Safety belts or restraining devices

No person shall sell or operate any passenger automobile manufactured after July 1, 1966, and registered in this State unless such passenger automobile is equipped with at least two sets of seat safety belts for the front seat of the passenger automobile and the anchorage units necessary for their attachment or other suitable restraining device. Such seat safety belts and anchorage units or such restraining device shall be...

Q: How do I file for expungement following a conditional dismissal in NJ if i never received notification of dismissal?

2 Answers | Asked in Criminal Law, Municipal Law and Probate for New Jersey on
Answered on Oct 15, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
Conditional dismissal never applies to municipal ordinance

see 2C:43-13.1 Conditional Dismissal Eligibility and application.

1. Eligibility and Application. a. Whenever any defendant who has not been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and who has not previously participated in conditional discharge under N.J.S.2C:36A-1, supervisory treatment under...

Q: What the penalty if found guilty for violating NJ law 2c:28-4 (providing false information to law enforcement)

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 15, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
2C:28-4 . False reports to law enforcement authorities

a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.

b. Fictitious reports. A person commits a disorderly persons offense if he:

(1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that...

Q: I live in NJ Can a landlord legally require tax return when I've already provided a pay stub and a W2

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Jun 19, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
Landlord can require documents as a condition to rent to determine

Q: Can a hostess at a bar file a DUI complaint against me

1 Answer | Asked in DUI / DWI for New Jersey on
Answered on Jun 19, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
Court typically would not permit non officer to sign DWI complaint. NJ Law says 39:4-50 Driving while intoxicated

39:4-50 . (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the...

Q: My son rear ended another car and has a ticket for careless driving. What do we need to take with us

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jun 19, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
39:4-97 Careless driving

39:4-104 Fine or imprisonment not

exceeding 15 days, or both

$50 $200 plus court costs

NJ MVC Points 39:4-97 Careless driving 2

and 2 Car insurance points

Plus Judge Can Suspend DL for Willful Traffic Offense.

State v. Moran 202 NJ 311 (2010)

The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and...

Q: how can I file a motion to dismiss tro in union county nj

3 Answers | Asked in Domestic Violence for New Jersey on
Answered on Jun 19, 2017
Mr. Kenneth Albert Vercammen Esq.'s answer
DOMESTIC VIOLENCE DEFENSE

New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical injuries, police may arrest the man. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away...

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