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Questions Answered by Mr. Kenneth Albert Vercammen
1 Answer | Asked in Probate for New Jersey on
Q: My brother and I disagree on whether to liquidate our inheritance. Can I bring an action to do so?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

depends on what the will says and who is the executor

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Tenant paid last month july. Its august. I have not received rent. How soon can I file for tenant eviction.

tenant has not sent in lease by aug 1.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

Eviction: NON-PAYMENT OF RENT

If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons plus an Eviction Complaint must be filed in the Superior Court's Special Civil Part, Tenancy Division. The court-filing fee is was increased to $50 plus mileage. Different...
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1 Answer | Asked in Juvenile Law for New Jersey on
Q: If a 16 year old assaults me and my kids can I file charges for simple assault?

I called the police and they were arrested what else can I do. I don't want the kid to have a record I just want the behavior to stop.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

Police can forward to juvenile conference committee. In many states, the County Prosecutor's office of Family Court screens each complaint initially and makes the decision to divert the case or not. Diversion for many cases means removing them from court altogether and sending them for total... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for New Jersey on
Q: What are the financial obligations of a person granted a lifetime right to occupy a property in NJ? (not a life estate)

The question is specifically meant with regard to repairs to the home that are not related to normal wear and tear - for example, if the property has termites, foundation issues, or needs a new roof before and at the time that the right to occupy was granted. Is it the responsibility of the estate... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

often depends on what the will says if a will granted life tenancy.

see

Life Estate: Who Pays What?

This article provides a simple overview of the responsibilities of a life tenant in regards to a life estate. The information contained herein should not be relied upon for...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for New Jersey on
Q: Have a sanction from Feb. 2016. Lived in another state and received benefits. TRO in place. Sanction legal?

Custody and child abuse issues came up in June. Returned to NJ to get my son. Had court about 6 times with father, we share custody. Issue not resolved future court dates pending. Can a sanction still be in place when I was no longer living in the state? It's been 5 months since I received... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

unclear what you mean by sanction. contact court asap

2 Answers | Asked in Criminal Law for New Jersey on
Q: I filed a criminal harassment charge can the defendant use any documents that have nothing to do with harassment on me?

I'm charging for harassing phone calls and texts. She is getting divorced and I was told by her ex not to give her his new number. Now she is saying she is going to bring up everything she ever new about me that was bad in court. Can she do that?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

Under N.J.S.A. 2C:33-4, a person commits the offense of harassment if, "with purpose to harass" 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...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: how can someone be charged with stalking and cyber bullying if they were never near the computer or mobile device

Then later be handed a TRO and a summons sheet w a possible indictment?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

Read 2C:12-10 Stalking Definitions; stalking designated a crime; degrees.


1. a. As used in this act:

(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method,...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: do you have to sign a ticket when you are pulled over in Nj?

I was pulled over the other day and the officer let me off with a (verbal) warning, but me being the skeptical person that I am has me wondering what is stopping him from just entering it in as a ticket anyway. So I was wondering if you have to sign the ticket, and if not is there anywhere you can... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

you can contact the court if you are worried if a ticket was signed within 30 days

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2 Answers | Asked in Criminal Law for New Jersey on
Q: how much time does aggravated assault hold?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 25, 2016

Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; under paragraphs (2), (7), (9) and (10) of subsection b. of this section is a crime of the third degree; under paragraphs (3) and (4) of subsection b. of this section is a crime of the... View More

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2 Answers | Asked in Civil Litigation for New Jersey on
Q: I have a claim agaist an estate for approx $10000. The reprsentatives lawyers have sent me a letter of dispute citing "

"that almost all appear to be time barred by the appicable Status of limitations" what recorse do I have at this time?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 25, 2016

3B:22-4 Limitation of time to present claims of creditors to personal representative; nine months

discharge of personal representative where claim is not duly presented before distribution.

 3B:22-4 . Creditors of the decedent shall present their claims to the personal...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: I got charged with simple assault, which was a lie. My 23 year old cousin blamed me for the bedroom door hitting her.

she was trying to pull the door open & when it hit, her me & her dads girlfriend started giggling. She got mad & threatened to f'n punch me in face and pushed me. I did not retaliate. I told her that she had 1 hr to remove her belongings if not I was going to call the police.... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 25, 2016

2C:12-1 Simple Assault & Aggravated assault

2C:12-1 . Assault. a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: is a court allowed to pick up charges that a superior court already dismissed
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 25, 2016

Some downgraded cases are ordered, or "remanded" back to the local municipal court for disposition.

The Prosecutor’s Office has broad discretion to determine the appropriate disposition for a complaint. The Prosecutor’s office may handle a criminal complaint in several...
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1 Answer | Asked in Immigration Law and Traffic Tickets for New Jersey on
Q: I am 31 year old i have pakistan driving liscence from 2008 but i am confused why they gave probitional driving liscence
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 19, 2016

Licenses for non-citizens

RELATED LINKS

Foreign Visitors Driving in the U.S. [USA.gov]

Fact Sheet: Nonimmigrant student/exchange status F,M or J [pdf, US ICE]

If you are not a U.S. citizen and have recently moved to New Jersey, you must have temporary visa status and...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: left on red light in new jersey allowed from a one way onto a one way?

I need the specific legislative citation because debating going to Court.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 19, 2016

39:4-81 red light ticket not Observing Traffic Signals

39:4-81 Traffic signals, observance; rule at nonoperational signals.

39:4-81. a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control...
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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for New Jersey on
Q: Reasonable suspicion for search...

When pulled over for a brake light out and the officer checks my license, when he sees a 5 year old arrest for possession, is that enough for him to use as reasonable suspicion? I've been harassed each time they run my licence and straight up being told my past means I am under constant... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 25, 2016

see recent case State v. Al-Sharif Scriven (A-11-15; 075682)

The trial court and Appellate Division properly

concluded that the motor-vehicle stop violated the

Federal and State Constitutions. The language of the

high-beam statute, N.J.S.A. 39:3-60, is unambiguous;...
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3 Answers | Asked in Domestic Violence for New Jersey on
Q: I am 17 and in NJ. My 27 year old ex is stalking, hitting and threatening me. How do i get a restraining order?

What can i do yo protect myself without my parents finding out?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 19, 2016

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...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with 2c:27-3a and not sure what that is. Also my wife never made a complaint.

She called sister for ride to retieve her things and her sister called police. I let them in building and when I stopped answering their questions they incarcerated me. Their was no TRO and Im on bail.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jun 28, 2016

2C:27-3. Threats and other improper influence in official and political matters

a. Offenses defined. A person commits an offense if he directly or indirectly:

(1) Threatens unlawful harm to any person with purpose to influence a decision, opinion, recommendation, vote or...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: What degree is 2c:15-1a (1)?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jun 28, 2016

2C:15-1. Robbery

a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(1) Inflicts bodily injury or uses force upon another; or

(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or...
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2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: We know my dad had a will but we dont know the lawyer my mom is hiding everything from us. She never went to probate for

My dads assets. What can we do ?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 19, 2016

if no Will, hire attorney to file complaint and Order for you to become administrator of estate

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2 Answers | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: My friend got into a fight at school and was suspended but she has to go court because of it what would happen to her?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jul 25, 2016

DEFENDING A JUVENILE DELINQUENCY CASE ABA

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...
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