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Questions Answered by Mr. Kenneth Albert Vercammen
1 Answer | Asked in Estate Planning for New Jersey on
Q: Is there a NJ statute stating letters testamentary appointing A, B and C as co-executors all must open a bank account

Must all 3 co-executors agree to open an account at a bank? If so, please cite the statute number.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

no. also, it is foolish for a will to designate three joint executors. It is our recommendation that Executors undertake the following measures:

1. conduct a thorough search of the decedent's personal papers and effects for any evidence which might point you in the direction of a...
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1 Answer | Asked in Criminal Law and Health Care Law for New Jersey on
Q: Respectfully I request help with a question about the problem I have with a conflict of interest with probation officer.

As pursuant to : 42 NJ Super 495, 503, 127 A.2d 190 (APP. DIV. 1956) An actual conflict of interest is not required, rather a potential for conflict is sufficient. A few years ago, before my officer was a probation officer was an officer of the courts, she was my Jewish Family Services social... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

Unlikely courts will grant removal since probation officers also have access to court files. discuss with original attorney.

1 Answer | Asked in Criminal Law and Employment Law for New Jersey on
Q: Should I sign a yes to this background question or no? - the recruiter is saying I should say yes.

I just got offered a new position as an insurance agent and already started school. A recruiter that matched me to the position is now trying to get me to sign a background check for my state license with the question - exact language - "have you ever been convicted of a misdemeanor, had a... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

If no conviction, answer to question is yes. recommend hire attorney for expungement. New Expungement Law permits petitions for Expungement of arrests in shorter time periods.

This is an excellent law to help non-violent offenders. Revised by Kenneth Vercammen, Esq.

This new law...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: If I get arrested becausemy passenger sells cds from my car can they confiscate the vehical even though my daughter is

the owner of the car?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

read NJ Attorney General's Guidelines for Asset Forfeiture

(1) Seizure of Residences

When a prosecuting agency seeks to forfeit real property in residential use, the least intrusive means that will preserve the property for forfeiture shall be employed. A notice of lis pendens...
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2 Answers | Asked in Juvenile Law for New Jersey on
Q: Under what caption and in what Court in the County where the offense was committed does one request documents of

juvenile convictions under N.J.S.A. 2A:4A-60c(1)and (4)?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

DEFENDING A JUVENILE DELIQUENCY 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...
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2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: My dad is dead mom passed2/4/15 no will my sister & i can we keep the only house without probate?

The house is in there name. My sister want nothing to do with yhe house. How to transfer the taxes? My sister said she need to pay to get my fathers name off the house he died 2001 mom next her death 2/4/16 then her.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

If no Will, administration with surrogate required. see Intestacy [Someone died and no Will]

Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can i be arrested for having knowledge of my daughters pot in my house if i call the police on her in NJ?

I have allowed this for several years. Due to circumstances changing I am considering inviting the police over with the sole purpose of having her arrested.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Feb 21, 2016

to charge someone, police must prove actual possession or constructive possession. BRIEF: CONSTRUCTIVE POSSESSION OF DRUGS IN A CRIMINAL CASE REQUIRES THE STATE TO PROVE INTENT TO EXERCISE PHYSICAL CONTROL

In State v. Reeds 197 NJ 280 (2009) the NJ Supreme Court stated:...
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1 Answer | Asked in DUI / DWI for New Jersey on
Q: I live in NJ, but recently pleaded no contest to an AZ Aggravated DUI for driving with a minor.

What NJ penalties will I receive? Please be specific and indicate if mandatory.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 31, 2016

If you plead to an out of state dwi you will receive dl suspension in nj, but not jail in NJ

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If i was charged with 3 DUI's am I able to get one removed to get my Driver's License back in the state of NJ
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 31, 2016

to "Remove" a dwi someone would have to have an attorney file a motion in the court the vacate the guilty plea or for other post conviction relief

The Five Year Post Conviction Limit can be Relaxed in DWI. State v. Bringhurst 401 NJ Super. 421 (App. Div. 2008)

The court...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for New Jersey on
Q: Hi, ..I hope you can help me,..my father just passed recently , but he lived in Puerto Rico and I love in newYork

I believe he owned a house or two, plus bank accounts, and I don't think he had a will, ..he was never remarried but loved with a woman for a few years, ...he was divorced from my mom after married for 14 years, he was also a veteran, me and my sister and brother are wondering how to get... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 31, 2016

Rights depend on the law in the place the person lived/ domicile, which would be Puerto Rico.

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1 Answer | Asked in Probate for New Jersey on
Q: We just started the probate process. How do we have to notify the debtors and how long do they have to make a claim?
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

court rules and statute revised. best to just notify asap.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Hello I had a DUI in Mn and now live in IN. Can I get a drivers license if Mn had revoked it?

I had 3 DUIs in Mn and lost my license for 3 years. That happened on March 5 2012 and I am trying to get a license now in IN and they are telling me that MN has my license suspended. I am flying to Ca to visit my daughter but don't have a drivers license or valid ID and am afraid I wont be... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

can't legally get a dl in another state if suspended in nj

1 Answer | Asked in Criminal Law for New Jersey on
Q: Denied Integrity Hou. or Salvation Arm. prog. by prosecutor . Judge mandated a long term prog. Can I appeal?Essex co.

Arrested second time on 10-14-14, still at Essex Co Jail. Arrest was for BURGLARY-ENTER and THEFT BY UNLAW TAKING-MOVE. Have history of drug abuse and have had previous arrest in municipality for theft of phone and credit card reader. Have been to 3 rehab facilities,none more than 6 to 8 weeks,... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

better read the statute

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=465362124&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it okay for a 19 year old boy to date a 16 year old girl in the state of New Jersey ?

My dad is threating to ask the cops but we're only three years apart isn't 4 years the limit ?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

better read the statute

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=465362124&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is ii iii 3 ii my daughter was arrested drug related. And she has 3 charges with thT same code or statute

She was with someone who purchased drugs in Patterson the (as far as I know) the drugs were in the car she was charged with possession w/intent in a school zone and then 3 charges of the ii iii3 ii

I'm confused

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

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

community service 180 days maximum...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: i have no crimnal record at all i been charged with 18 3921 a [lead] theft and 18 3925 a wat is likely sentce

parx casino found a fanny pack went to bathroom wit it no id no valubles came out left came bak lil later and was piucked up and charged owner says ther was 100 dollars in it

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

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

community service 180 days maximum...
View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I am searching for old court records. The 17 year old defendant was sentenced in 1925 in New Jersey.

I am searching for old court records. The 17 year old defendant served a ten to fifteen year term in the New Jersey State Prison after his conviction on charges of assault and armed robbery. Is there any way to receive information of this special case.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

contact court. these are not online

1 Answer | Asked in Criminal Law for New Jersey on
Q: N.J.S.A. statute for burglary

I am needing a "statute" ID for the crime of Burglary

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

search http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=465362120&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

1 Answer | Asked in Criminal Law for New Jersey on
Q: Subject: +10 Enhancement to base level 9 ExtortionThe District judge ignored our intended loss argument

and ignored our issue of subjective intent by only considering the "Demand" which was to be a starting pint for negotiations. The question?:

Do we have an issue to appeal to reduce the +10 enhancement by continue to argue "intended loss" was a nuisance value?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

this is not a nj state court question.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Denied Integrity Hou. or Salvation Arm. prog. by prosecutor . Judge mandated long term prog. Can I appeal?Essex co.

My son is 21 years old and has been arrested twice in 2014.First arrest was in June of 2014 and it was for theft.Bailed him out in July and sent him to a rehab facility in FLA. Arrested second time on 10-14-14, still at Essex Co Jail for BURGLARY-ENTER and THEFT BY UNLAW TAKING-MOVE. Has history of... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

apply for public defender which you will need to repay

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