In this issue:
1 Hawaii Night - Saturday, August 26
2 Recent cases- In DWI Police Not Required to Prove Defendant Advised of Independent Testing.
3. Mandatory 180 Days in Jail For 3rd Offender DWI.
4. Suspended Jail Sentence Permitted in Juvenile Cases
5. Insurance Law- Argent v Brady
6. Seminar- Elder Law Practice: New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need
7. Need a Good Attorney?
_____________________________________
1. Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to KenVnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________
___________________________________
2 Recent cases- In DWI Police Not Required to Prove Defendant Advised of Independent Testing. State v Howard 383 N.J. Super. 538 (App Div. 2006)
The State in a DWI case is not required to prove that a defendant has been advised of his or her right to independent testing pursuant to N.J.S.A. 39:4-50.2(c) and (d) in order to sustain a conviction of a per se violation under N.J.S.A. 39:4-50(a).
3. Mandatory 180 Days in Jail For 3rd Offender DWI. State v Luthe 383 N.J. Super. 512 (App Div. 2006)
N.J.S.A. 39:4-50(a)(3) does not authorize non custodial alternatives to the mandatory 180 days confinement, whether that confinement be served entirely in jail or partially in an inpatient facility. There is no statutory authority for work release programs, out-patient treatment, or the like as an alternative.
4. Suspended Jail Sentence Permitted in Juvenile Cases. In the Interest of M.C. 384 N.J. Super. 116 (App Div. 2006)
A Family Court judge imposed suspended sentences in three separate, unrelated juvenile cases involving defendants M.C., M.P., and S.J. The State contended that the sentences imposed are illegal. The Code of Juvenile Justice, N.J.S.A. 2A: 4A-20 to -91 (the Code), should be interpreted to permit suspended sentences. The Code is silent on the subject of suspended sentences. Nevertheless, the court concluded that its provisions are sufficiently flexible to permit our courts to impose suspended sentences as a viable disposition, given its fundamental rehabilitative and penal objectives.
5. Insurance Law- Argent v Brady
Appellate Division, A-2339-05T2, approved for publication June 27, 2006.
The business pursuits exclusion of a policy of homeowner’s insurance barred any obligation by the insurer to defend or indemnify the resident son of the named insureds from alleged liability for injuries that were sustained by an infant who was bitten by the son’s dog while the infant was receiving day care from the son’s mother. Source: Facts-on-Call Order No. 93074
_____________________________
6. Seminar- Elder Law Practice: New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need
Saturday August 5, 2006 7:30am
Hawaii Convention Center, Honolulu Oahu Room 317B
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author
"Nuts & Bolts of Elder Law", Edison, NJ
Plus special added speaker:
Elder law expert Charles Sabatino, director of the ABA's Commission on Law & Aging, who will talk about how the commission is helping lawyers help seniors deal with Medicare Part D, other elder law issues, and the anniversary of the Terry Schiavo case.
Contact American Bar Association's ITS at 800-421- 0459 for registration
Topics: "How To Start & Build An Elder Law Practice"
New Medicaid Law 2006- Protect yourself from inaccurate advice and malpractice
Getting referrals from other professionals
Email newsletters
Ethical marketing
How to achieve greater career satisfaction
How to get more referrals and repeat business
How to manage telephone conversations with your clients
marketing with written fee agreements
-Networking the Internet without backlash
-Ethics and marketing without violating the Rules of Professional Conduct
-Keeping clients informed to improve your practice
__________________________
7. Need a Good Attorney?
Our firm receives many new clients as a result of referrals from current clients and other friends of our firm. We would like to express our deep thanks to everyone who refers their family, friends and co-workers to our firm. We sincerely appreciate the trust and confidence you show in us by making these referrals.
Thank you for thinking of us when a family member, friend or co-workers needs legal assistance. We Will continue to strive to provide the highest standard of legal service and representation to you and everyone you refer to our firm.
We have also developed a network of 500 New Jersey and other state attorneys through our membership in the American Bar Association. If we do not handle a type of case, we can attempt to
_____________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
Thursday, August 31, 2006
Sunday, August 27, 2006
Kenneth Vercammen NJ laws news E221 August 24, 2006
Kenneth Vercammen NJ laws news E221 August 24, 2006 In this issue:
1. Life Insurance
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant
Consents.
3. Police Questioning After 911 Call Did Not Violate Miranda
4 . Court Prohibited Character Witness Testimony
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
_____________________________________
1. Life Insurance
For the past few months, a lot of clients have been asking questions
about the different kinds of life insurance.
ere are some of the answers our friends at Pavese-McCormick Insurance
been giving. Specifically, I wanted to give you some information about what are
known as "permanent" (or "cash-value") life
insurance policies that, unlike term life, are designed to last the rest of your
life:
* "Permanent" life insurance includes a buildup of value in cash in addition to
your death benefit. You can borrow against your cash value. You can even take
out some of that cash value, but your death benefit will be reduced. What is
cash value? It's that part of a permanent life insurance policy not needed for
so-called "mortality expenses." The greater your risk of dying in the near term,
the greater the mortality expense to your insurer.
* Cash-value life policies have premiums that are higher at the
beginning than they would be for the same amount of term
insurance. The part of the premium not used to cover the yearly
cost for mortality and other expenses is invested by the company
and builds up a cash value that you may use in a variety of ways.
Here are some specific examples of cash-value or permanent life
insurance:
* Whole (or Ordinary) Life -- The premium and the death benefit
don't change much in whole life policies. You pay so much a month
for a given death benefit. However, dividends to policyholders
can increase the coverage or decrease the premium.
* Universal Life -- This is the flexible life insurance. You can
change your premium and your death benefit at any time, although
a substantial increase in the coverage usually requires you to
prove you are still in good health.
* Variable Life -- This is a hybrid whole/universal coverage in
which the death benefit is dependent on the investment
performance of the insurance company's assets. And you get to
choose the investment vehicle -- money market fund, bond fund or
stock fund -- for your premium. If your investments do well, your
policy's cash value and death benefit will increase. If not,
they'll go down, but most variable life policies won't let your
death benefit drop below a certain level. However, it's possible
a company will charge you for a guaranteed death benefit.
So are permanent life policies, as opposed to term life, best for
you? In general, if you have significant assets, its better (and
less risky) to have some sort of cash-value policy.
But which one?
Actually, it's more important to buy the coverage from an insurer
that has the best chance of performing well in the future; an
insurer that has low expenses and mortality costs. Such an
insurer will be able to offer better terms, including higher
death benefits, higher cash value and lower premiums.
It is my pleasure to recommend the Pavese-McCormick Agency for any
insurance needs you might have. Their responsiveness has been second to none.
For me the measure of a company is how responsive they are once they have your
business. So many companies roll out the red carpet to gain your business but
forget who you are once they have it. From overall policy reviews to simple name
changes, they have treated me as if I was there most important customer. It is
very comforting knowing that I can always call them and my needs will be taken
care of promptly.
Pavese-McCormick is one of the rare companies that doesn't just talk
customer service, they set the standard for it."
Pavese-McCormick 3759 Route One South
Monmouth Junction, N.J. 08852
Phone (732) 247-9800, Ext. 2003
Fax (732) 875-1083
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant Consents.
Georgia v Randolph 126 S. Ct. 1515; 164 L. Ed. 2d 208
A physically present co-occupant's stated refusal to permit entry
renders warrantless entry and search unreasonable and invalid as to him. A
disputed invitation, without more, gives an officer no better claim to
reasonableness in entering than the officer would have absent any consent.
Disputed permission is no match for the Fourth Amendment central value of
"respect for the privacy of the home," Wilson v. Layne, 526 U.S. 603, 610, 119
S. Ct. 1692, 143 L. Ed. 2d 818, and the State's other countervailing claims do
not add up to outweigh it.
3. Police Questioning After 911 Call Did Not Violate Miranda. State v. Boretsky
186 N.J. 271 (2006)
An individual's intentions in respect of equivocal statements about
"counsel" during an emergency aid situation are not relevant for Miranda
purposes. During the emergency aid response, an alleged "equivocal" reference to
counsel lacks sufficient basis to tie the statement to interests the Miranda
remedy was designed to protect. When the emergency ends and Miranda warnings are
administered, we hold that the administration of the warning satisfies Miranda.
4 . Court Prohibited Character Witness Testimony. State v. Mahoney __ NJ ___
Decided April 19, 2006 (A-10-05)
The trial court properly prohibited character witness testimony as to
specific interactions with defendant and his skills as a lawyer, and statements
made by the prosecutor during summation did not deny defendant his right to a
fair trial. However, the trial court improperly submitted to the jury the full
text of R. 1:21-6 without providing instructions as to how to consider and apply
the rule's directives to the facts of this criminal case.
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration. Pasqua v. Hon
Gerald J. Council 186 N.J. 127 (2006)
The Fourteenth Amendment Due Process Clause mandates the appointment of
counsel to assist parents found to be indigent and facing incarceration at child
support enforcement hearings. The due process guarantee of the New Jersey
Constitution compels the same result.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the
blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake,
off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to Kenvnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________
_____________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
Speakers Bureau: The NJ State Bar Association established a community
Speakers Bureau to provide educational programs to senior clubs, Unions and
Middlesex County companies. During the past year, volunteer attorneys have
provided Legal Rights Seminars to hundreds of seniors, business owners and their
employees, unions, clubs and non-profit groups. If you are interested in having
an attorney speak on Wills, Probate or Elder Law at an event, please call my
office. These quality daytime educational programs will educate and even
entertain. Clubs and companies are invited to schedule a free seminar during
business hours.
"Celebrating more than 20 years of providing excellent service to clients
1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know
someone who would also like to receive this email newsletter, please have them
email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients.
Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may
pass along the information on the NJ Laws Newsletter and website, provided the
name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you
have a legal matter. The Rules of Court limit an attorney's ability to discuss
matters over the phone. If you have legal questions, you should schedule an in-
office consultation.
Removals handled by webmaster lonekeep.com. To remove, email back &
type in subject line "remove". Removals are performed by the webmaster Lonekeep
once per month.
1. Life Insurance
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant
Consents.
3. Police Questioning After 911 Call Did Not Violate Miranda
4 . Court Prohibited Character Witness Testimony
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
_____________________________________
1. Life Insurance
For the past few months, a lot of clients have been asking questions
about the different kinds of life insurance.
ere are some of the answers our friends at Pavese-McCormick Insurance
been giving. Specifically, I wanted to give you some information about what are
known as "permanent" (or "cash-value") life
insurance policies that, unlike term life, are designed to last the rest of your
life:
* "Permanent" life insurance includes a buildup of value in cash in addition to
your death benefit. You can borrow against your cash value. You can even take
out some of that cash value, but your death benefit will be reduced. What is
cash value? It's that part of a permanent life insurance policy not needed for
so-called "mortality expenses." The greater your risk of dying in the near term,
the greater the mortality expense to your insurer.
* Cash-value life policies have premiums that are higher at the
beginning than they would be for the same amount of term
insurance. The part of the premium not used to cover the yearly
cost for mortality and other expenses is invested by the company
and builds up a cash value that you may use in a variety of ways.
Here are some specific examples of cash-value or permanent life
insurance:
* Whole (or Ordinary) Life -- The premium and the death benefit
don't change much in whole life policies. You pay so much a month
for a given death benefit. However, dividends to policyholders
can increase the coverage or decrease the premium.
* Universal Life -- This is the flexible life insurance. You can
change your premium and your death benefit at any time, although
a substantial increase in the coverage usually requires you to
prove you are still in good health.
* Variable Life -- This is a hybrid whole/universal coverage in
which the death benefit is dependent on the investment
performance of the insurance company's assets. And you get to
choose the investment vehicle -- money market fund, bond fund or
stock fund -- for your premium. If your investments do well, your
policy's cash value and death benefit will increase. If not,
they'll go down, but most variable life policies won't let your
death benefit drop below a certain level. However, it's possible
a company will charge you for a guaranteed death benefit.
So are permanent life policies, as opposed to term life, best for
you? In general, if you have significant assets, its better (and
less risky) to have some sort of cash-value policy.
But which one?
Actually, it's more important to buy the coverage from an insurer
that has the best chance of performing well in the future; an
insurer that has low expenses and mortality costs. Such an
insurer will be able to offer better terms, including higher
death benefits, higher cash value and lower premiums.
It is my pleasure to recommend the Pavese-McCormick Agency for any
insurance needs you might have. Their responsiveness has been second to none.
For me the measure of a company is how responsive they are once they have your
business. So many companies roll out the red carpet to gain your business but
forget who you are once they have it. From overall policy reviews to simple name
changes, they have treated me as if I was there most important customer. It is
very comforting knowing that I can always call them and my needs will be taken
care of promptly.
Pavese-McCormick is one of the rare companies that doesn't just talk
customer service, they set the standard for it."
Pavese-McCormick 3759 Route One South
Monmouth Junction, N.J. 08852
Phone (732) 247-9800, Ext. 2003
Fax (732) 875-1083
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant Consents.
Georgia v Randolph 126 S. Ct. 1515; 164 L. Ed. 2d 208
A physically present co-occupant's stated refusal to permit entry
renders warrantless entry and search unreasonable and invalid as to him. A
disputed invitation, without more, gives an officer no better claim to
reasonableness in entering than the officer would have absent any consent.
Disputed permission is no match for the Fourth Amendment central value of
"respect for the privacy of the home," Wilson v. Layne, 526 U.S. 603, 610, 119
S. Ct. 1692, 143 L. Ed. 2d 818, and the State's other countervailing claims do
not add up to outweigh it.
3. Police Questioning After 911 Call Did Not Violate Miranda. State v. Boretsky
186 N.J. 271 (2006)
An individual's intentions in respect of equivocal statements about
"counsel" during an emergency aid situation are not relevant for Miranda
purposes. During the emergency aid response, an alleged "equivocal" reference to
counsel lacks sufficient basis to tie the statement to interests the Miranda
remedy was designed to protect. When the emergency ends and Miranda warnings are
administered, we hold that the administration of the warning satisfies Miranda.
4 . Court Prohibited Character Witness Testimony. State v. Mahoney __ NJ ___
Decided April 19, 2006 (A-10-05)
The trial court properly prohibited character witness testimony as to
specific interactions with defendant and his skills as a lawyer, and statements
made by the prosecutor during summation did not deny defendant his right to a
fair trial. However, the trial court improperly submitted to the jury the full
text of R. 1:21-6 without providing instructions as to how to consider and apply
the rule's directives to the facts of this criminal case.
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration. Pasqua v. Hon
Gerald J. Council 186 N.J. 127 (2006)
The Fourteenth Amendment Due Process Clause mandates the appointment of
counsel to assist parents found to be indigent and facing incarceration at child
support enforcement hearings. The due process guarantee of the New Jersey
Constitution compels the same result.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the
blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake,
off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to Kenvnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________
_____________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
Speakers Bureau: The NJ State Bar Association established a community
Speakers Bureau to provide educational programs to senior clubs, Unions and
Middlesex County companies. During the past year, volunteer attorneys have
provided Legal Rights Seminars to hundreds of seniors, business owners and their
employees, unions, clubs and non-profit groups. If you are interested in having
an attorney speak on Wills, Probate or Elder Law at an event, please call my
office. These quality daytime educational programs will educate and even
entertain. Clubs and companies are invited to schedule a free seminar during
business hours.
"Celebrating more than 20 years of providing excellent service to clients
1985-2006" Former Prosecutor
This newsletter is produced to be sent electronically. If you know
someone who would also like to receive this email newsletter, please have them
email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients.
Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may
pass along the information on the NJ Laws Newsletter and website, provided the
name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you
have a legal matter. The Rules of Court limit an attorney's ability to discuss
matters over the phone. If you have legal questions, you should schedule an in-
office consultation.
Removals handled by webmaster lonekeep.com. To remove, email back &
type in subject line "remove". Removals are performed by the webmaster Lonekeep
once per month.
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