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Questions Answered by Mr. Kenneth Albert Vercammen Esq.
2 Answers | Asked in Criminal Law for New Jersey on
Q: What the penalty if found guilty for violating NJ law 2c:28-4 (providing false information to law enforcement)

I woman accused me of stalking and she provided false info to police implying that I had been following her, when that is not true. She then used the police report as part of a criminal harassment lawsuit against me. In court, she ended up accepting a settlement to drop the charges in exchange for... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Oct 15, 2017

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...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I live in NJ Can a landlord legally require tax return when I've already provided a pay stub and a W2
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Jun 19, 2017

Landlord can require documents as a condition to rent to determine

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can a hostess at a bar file a DUI complaint against me

I was leaving a bar in NJ and had difficulty locating my car in a very large parking lot. A hostess helped me find it and then said she did not want me to drive because she thought I was drunk. I said I was find and left and she threatened to call the police. I drove home safely with no... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Jun 19, 2017

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,...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My son rear ended another car and has a ticket for careless driving. What do we need to take with us

My son 18 year old rear ended another car and has a ticket for careless driving, should we plead guilty and move on?

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Jun 19, 2017

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...
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3 Answers | Asked in Domestic Violence for New Jersey on
Q: how can I file a motion to dismiss tro in union county nj
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Jun 19, 2017

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....
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2 Answers | Asked in Estate Planning for New Jersey on
Q: Should I sign for partial release of estate?

What I've received to sign and have notorized reads to me like it's full distribution and I'm releasing all other claims against estate. I can't even find out the value of the estate. Is there an accounting form I can submit to court? I don't have probate case number or any... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Jun 19, 2017

Release & Refunding Bond in Probate matters

Under New Jersey law it is the duty of the fiduciary [Executor or Administrator] to make arrangements to pay bills and other estate expenses and carry out instructions under the Will. NJSA 3B:23-24 provides the fiduciary shall take a Release...
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2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: Can a Promotion Prostitution charge be a felony if it was only a conversation about future actions that never happened?

The prostitute was a undercover cop setting people up. Money was never exchanged. She never got in the car. Neither parties

knew each other prior to the situation.

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Jun 19, 2017

2C:34-1 Prostitution and related offenses.


Prostitution and Related Offenses.

 a. As used in this section:



(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: What's the penalty for having generic viagara in your vehicle in New Jersey
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on May 2, 2017

Under N.J.S.A. 2C:35-10.5, New Jersey’s Prescription Drug Statute states that it is illegal to carry prescription drugs and other medications without a valid prescription. Also possessing and distributing prescription medication is illegal unless you are a licensed physician, pharmacist, dentist... Read more »

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4 Answers | Asked in Car Accidents and DUI / DWI for New Jersey on
Q: Can a Police officer in NJ issue a DWI in a bar /Restaurant parking lot if the subject called 911 to report an accident.

Owner hit subjects vehicle and left the sene. Returning some minutes later. Owner lied and told Police that he was the one hit. He later offered the subject $250.00 for damaged, in front of officer. Subject was arrested and given a DWI. Subject never left the parking lot, Nor was subject... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on May 6, 2017

DWI 39:4-50 Driving while intoxicated includes parking lots

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...
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3 Answers | Asked in Criminal Law for New Jersey on
Q: do I have grounds to file motion to dismiss

I was arrested for burglary and while I was incarcerated a detective from a whole different town came and dropped couple new charges on me both cops admitted that I fit the prfile in their investigation which lead to me being pursuit neither towns had warrants literally profiled me because of my... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on May 2, 2017

The state must prove:

2C:18-2 Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time...
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4 Answers | Asked in Criminal Law for New Jersey on
Q: can we change a pool attorney public defender.?

we have a pool attorney who has not returned our call at all in weeks. never talked to him once and court is april 18th

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Apr 19, 2017

If you go with public defenders office you are stuck with whoever the OPD assigns. Just borrow funds if important and hire a private attorney responsible only to client

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2 Answers | Asked in Criminal Law for New Jersey on
Q: What can be the penalty for a 2C:35-10A (1)
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Apr 19, 2017

Criminal Indictable and Disorderly Offense Penalties

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...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I GOT TWO tickets 261/2 years ago from bayville NJ and payed them back then it was 1990 i moved back to westwego LA

got my license renewed till last year then the tickets posted again and what do i do now ? i called the dmv in NJ they said pay them a hundred dollars why i took care of the tickets back then i feel like i am being scammed by NJ

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Nov 1, 2016

Surcharges are fines assessed by New Jersey Surcharge Violation System (NJSVS). Drivers who have excessive points for traffic violations or have been convicted in court for specific offenses such as driving while intoxicated (DWI) are liable for Surcharge. Surcharges are in addition to any court... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: What would happen if you surpass a school bus who is making a turning?

My friend was making a left turn to the parking lot from the right side of the road. It's a raining night and in his turning process, he didn't see that on his right there's a university school bus making left turn above him. He is afraid that there might be a collision so he... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Nov 1, 2016

39:4-128.1 Passing school bus while

picking up or discharging

First offense: Fine or

imprisonment not exceeding 15

days or 15 days community

service, or both

fine $100 -$1,000

5 NJ MVC Points 39:4-128.1 Improper passing of school bus 5...
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1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Selling life estate after the death. NJ

My Mom owned a condo in NJ. It was her primary residence. In 2012 she signed it over to my two sons but retained a Life Estate. My Mom lived in the condo until the day that she died in 2015.

My sons want to sell the condo. What do they need to do?

I've read that the... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Nov 1, 2016

life estate ends upon death. hire real estate lawyer to handle the sale.

1 Answer | Asked in Estate Planning for New Jersey on
Q: My grandfather left money to his three kids, but he never liked his daughter in law (my mother) so he set it up that two

of the kids get the money outright, but for my dad, he has to go through a trust -- is there any way we can change this now that my grandfather has died? The other two siblings are fine if my dad gets the money outright.

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Nov 1, 2016

For the Trustee to change or violate the terms of a trust they probably would need to seek court approval.

3 Answers | Asked in DUI / DWI for New Jersey on
Q: I read that my health history can be a defense to a DUI charge if it affected my breathalyzer test - is that true?
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Nov 1, 2016

Defense to refusal sometimes where person medically unable to provide breath samples

State v. Monaco

444 NJ Super 539 (App. Div. 2016)

In affirming defendant's conviction of driving under the influence and refusal to submit to a chemical breath test, the court address...
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3 Answers | Asked in Criminal Law for New Jersey on
Q: Is 2c:36-2 a fine or prison time
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Nov 1, 2016

2C:36-1. Drug paraphernalia, defined; determination As used in this act, drug paraphernalia means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,... Read more »

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: I was charged with a DUI and had my son in the car. It's my first charge and I was wondering what to expect.
Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Oct 9, 2016

a area attorney wrote

NJSA 39:4-50.15 provides for additional criminal penalties for those individuals that are found guilty of a DWI when there is a minor (17 or younger) in the car. That's right, there are penalties for this specific offense in addition to the already severe...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: If an individual is assaulted, are charges enhanced if the individual is disabled?

Boyfriend is disabled & was attacked by 2 former friends at our home. It was not a consenting fistfight, as my boyfriend was standing in the doorway, was dragged outside & beaten & kicked. His 5-year old son was in his bedroom, did not see what happened but heard yelling & knew who... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq.
answered on Oct 9, 2016

2C:12-1 b. Aggravated assault. A person is guilty of aggravated assault if he:

(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such...
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