Joint Assets or POD do not pass under a Will

    Joint Assets or POD do not pass under a Will

Please also remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary. If you have selected direct beneficiaries on any of your assets these pass outside your Will, including POD accounts or joint accounts. Your Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate.

A house owned by Husband & Wife will go to the surviving spouse, unless the Deed states otherwise.

    If you have minor children, you should Not name children as direct beneficiary on life insurance and accounts. They would receive those assets without supervision at age 18. Instead, make the beneficiary “MY ESTATE”, so a Trustee can supervise where children’s money is spent.

 

Arrested at the St. Patrick’s Parade ?

  Arrested at the St. Patrick’s Parade ?

 

Penalties if arrested 

     Over 100 police and law enforcement will be out at parades to charges persons for drunk & disorderly matters.

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

 Jail 2C: 43- 8      jail  6-month maximum max

                         probation 1-2 year                                    

                         community service  180 days maximum  

                       mandatory costs, VCCB and other penalties

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

There are dozens of other penalties a court can impose, depending on the type of matter.   

 

More info at https://www.blogger.com/blog/post/edit/6420448491658025618/2354841753249276313

 

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 with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

•     Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

      Resisting Arrest

It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.  Often a crime of the fourth degree.

    Indictable Crime Penalties    [Felony type]  [ Superior Court]

•        Jail  potential          Fine max                 Probation

•        1^st degree             10- 20 years       $200,000 [presumption of jail]

•     2^nd degree                         5-10 years   $150,000 [presumption of jail]

•     3^rd degree                         3- 5 years    $15,000   1 year- 5 year

•     4^th degree                         0- 18 months       $10,000   1 year- 5 year

Hindering Apprehension or Prosecution (2C:29-3)

A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.

•     Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

 

Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1)   Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2)   Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

·      Petty Disorderly person - 30 days jail   maximum

Petty DP $500 max Fine, VCCB and other penalties

Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal. 

 

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition (2C: 35-10)

It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog [other than weed].

•     Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

 

Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, Probation, drug testing and other penalties. If attorney’s PTI/ Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain indictable drug cases, the fine can be up to $75,000.

 

         2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty

Jail 2C: 43- 8          potential jail  6 month maximum 

             probation 1-2 year max                                                  

             community service  180 days maximum  

                               

Disorderly- fines:    $500- $1,000 Fine  maximum  under 2C: 43- 3

         plus mandatory costs, VCCO and other penalties     

  33:1-81  Underage drinking and Misrepresenting age to induce sale or delivery to minor

fine 500-1,000, court costs and other penalties

If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

      Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don’t give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.

 

CONCLUSION

          If charged with any criminal offense, immediately schedule an   appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More at www.njlaws.com