of an act of domestic violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to - 35.

Transcription

1 E489: 1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court. 2. Criminal mischief is grounds for domestic violence. 3. If You Are Hurt In An Accident, We Can Help 4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys In this issue: 1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court. 2. Criminal mischief is grounds for domestic violence. 3. If You Are Hurt In An Accident, We Can Help 4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys 1. Recent cases: Double jeopardy bars crime prosecution if there is a plea in municipal court. State vs. Miles NJ Super. (App. Div. 2015) A T1 The defendant was arrested during an undercover drug operation. Defendant was charged on a warrant with possession of a CDS with intent to distribute on or near school property. Defendant was also charged on a summons with a disorderly persons offense of possession of marijuana.

2 After defendant was indicted, he appeared pro se in municipal court via video conference after being incarcerated for a family matter. The disorderly persons drug offense, which was not joined with the indictable offense, was pending. Without the presence or participation of the State, but in accord with the existing "practice," the judge amended the offense to loitering and then took a plea from defendant. Predicated upon his plea, defendant sought to bar the prosecution of the indictable charge. The court held that the subsequent prosecution and conviction on the indictable charge was barred under the "same evidence" test, which is still recognized under state constitutional principles. The court reasoned that the "fundamental fairness" doctrine did not apply, notwithstanding the State's failure to join the disorderly offense with the indictable charges and defendant's reasonable expectation that his plea to the disorderly offense charge resolved all charges, which arose out of his arrest. 2. Criminal mischief is grounds for domestic violence. N.T.B. VS. D.D.B. 442NJ Super. 205 (App. Div. 2015) In this appeal, the court determined that a spouse's damage of a door within the couple's jointly-owned marital home may constitute the predicate act of "criminal mischief," N.J.S.A. 2C:17-3, through harm to the "property of another," thereby supporting a finding

3 of an act of domestic violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to If You Are Hurt In An Accident, We Can Help If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. If we cannot help, we can possibly refer you to another attorney who handles the type of case 4. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys April 18 5:00 PM- 9:00 PM NJ Law Center Includes a page book, plus CD with sample forms, documents & checklists! Also, dinner will be served. Speakers: -KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year Past NJSBA Municipal Court Practitioner of the Year Edison, NJ -WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly

4 -MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury -ADAM DUBECK, Esq. $137-$ General Tuition, reduced fee for NJSBA Elder and Disability Law Section and NJSBA Young Lawyers Division ( Free for Superior Court Judges) Seminar # S15900W6 NJSBA Member Price is reduced- 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. More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing. The nonprofit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey Phone: (732) Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.

5 This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice. Everything you need to know about elder law & estate administration including: * Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client? * Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms * Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms * Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters * Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists

6 * Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency and more NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism. Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division Materials in 240 page Book provided to all attendees If you are happy with our services, please be sure to like us on facebook, follow us on twitter, and endorse us on Linked in: Editorial assistance provided by Isabel Hager-Johnson. Ms. Hager-Johnson is participating in Kenneth Vercammen's Spring Law Clerk Internship Program and will be attending law school in the fall. Editor's Note and Disclaimer: All materials Copyright You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is

7 included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ (Phone) (Fax) website: