In This Issue
_______________
1. New Probate Law Seminar
2. New Jersey Transfer Inheritance Tax
3. Duties of an Executor under a Will
4 Recent cases: Jayson Williams' post crime acts admissible.
5. Elder Law 2007- Changes in the law and Expanding an Elder Law Practice Saturday, August 11 2:00 -- 3:30 p.m. San Francisco
6. Car Ignition Interlock devices to prevent DWI
7. Final update: Cynthia Vercammen Birthday party Saturday July 28 7pm
--------------------------------------------------------------------------------
1. Free to first 15 to register: New Probate Law Seminar
WHEN: Thursday August 2 12:30- 1:15 P.M.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law effective February, 2005 makes a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
Contact Information: Mike McDonald 732-572-0500
2. New Jersey Transfer Inheritance Tax
New Jersey has had a Transfer Inheritance Tax since 1892 when a 5% tax was imposed on property transferred from a decedent to a beneficiary. Currently, the law imposes a graduated Transfer Inheritance Tax ranging from 11% to 16% on the transfer of real and personal property with a value of $500.00 or more to certain beneficiaries.
The Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class "A" - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or children of the decedent, issue of any child or legally adopted child of the decedent and step-child of the decedent. No inheritance tax due, but Estate tax if estate over $675,000.
Class "B" - Eliminated by statute
Class "C" - Brother or sister of the decedent, including half brother and half sister, wife or widow of a son of the decedent, or husband or widower of a daughter of the decedent.
Class "D" - Every other transferee, distributee or beneficiary who is not included in Classes "A", "C" or "E".
Class "E" - The State of New Jersey or any political subdivision thereof, or any educational institution, church, hospital, orphan asylum, public library or Bible and tract society or to, for the use of or in trust for religious, charitable, benevolent, scientific, literary or educational purposes
More information on New Jersey Transfer Inheritance Tax at our new article at
http://www.njlaws.com/inheritance_tax.htm
3. Duties of an Executor under a Will
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 potential creditor;
2. carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt;
3. contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;
4. contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;
We will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills. Medical expenses can be deducted in the inheritance tax. A copy of the list of assets that can be deducted on the inheritance tax is attached hereto.
Since you will be involved as the Personal Representative of this Estate, you should be aware that, pursuant to the relativity recent United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, the Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is your responsibility to diligently search for any "readily ascertainable" creditors.
I realize that attempting to uncover and contact such creditors may be a demanding task. However, the Pope case is quite explicit in its requirements. In that case, a "readily ascertainable" debt pertaining to the last illness of the decedent appeared five years after the death of the decedent. The U.S. Supreme Court decided that the claim was valid, and had to be paid. The Personal Representative was held personally responsible for the outstanding debt, as all estate assets had been previously distributed. In light of this result, it is our responsibility, as your attorneys, to work with you in an effort to be certain that all such creditors are properly notified so that you will not be liable for the payment of any such claims and that all Estate assets, at the close of administrative and/or when distributed, are free and clear of any prospective claims.
Other upcoming duties/ Executor to Do
Bring Will to Surrogate
Notice to limit conditions via Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills ________
Notice of Probate to Beneficiaries (Attorney will handle)
If charity, notice to Atty General
File notice of Probate with Surrogate (Attorney will handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney will handle)
File waivers within 8 months upon receipt (Attorney will handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney will handle)
Obtain Child Support Judgment clearance (Attorney will handle)
Let's review the major duties involved, which we've set out below.
In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.
Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
4. Recent Cases: Jayson Williams' post crime acts admissible.
State v. Williams 190 N.J. 114 (2007)
The post-crime consciousness of guilt evidence is relevant to the mental state of Williams at the time of the shooting admissible to prove the crime of reckless manslaughter.
5. Elder Law 2007 - Changes in the law and Expanding an Elder Law Practice -Saturday, August 11, 2-3:30, San Francisco
American Bar Association Annual Meeting, San Francisco
Moscone Center West, Room 2005, 2nd Floor
Speakers:
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
Charles Sabatino, director of the ABA's Commission on Law & Aging
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Joan Burda, Author " Estate Planning for Same Sex Couples"
Primary Sponsors: General Practice Section
Co-Sponsors: Senior Lawyers Division
ABA Commission on Law & Aging
Law Practice Management Section
Health Law Section
National Lesbian & Gay Law Association
6. Car Ignition Interlock devices to prevent DWI.
"An Ignition Interlock device is an electronic alcohol analyzer which connects with the ignition and other control systems of a motor vehicle. It measures the BAC of the intended driver and prevents the vehicle from being started if the BAC exceeds a preset limit. It is generally comprised of a detachable Sample Head and a Control Module which is hard wired to the vehicle in a tamper resistant fashion."
http://www.acs-corp.com/interloc.htm
On a first conviction of DWI, the Judge can require you install an Ignition Interlock device on your car. On second and third offense, an Ignition Interlock device is mandatory on cars you own. The Ignition Interlock device requires fees for installation, plus monthly charges.
A conviction will require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] and have your license suspended. In New Jersey, the Judge does not have to rule that you were drunk. The prosecutor only needs to prove a driver was under the influence of alcohol.
More information at:
http://www.njlaws.com/ignition.htm
7. Final Update: Cynthia Vercammen's Birthday Party
Saturday July 28 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at
www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
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
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, July 25, 2007
NJ Laws Newsletter E250 July 19, 2007
In This Issue
_______________
1. Reasons to prepare a Last Will and Testament and Property
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
6. Friends of Cynthia Vercammen are invited to her 50th party
Saturday July 28 - 7pm
--------------------------------------------------------------------------------
1. Reasons to prepare a Last Will and Testament and Property
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as anyone who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
Most Americans spend more time preparing for vacation than for estate planning or emergency. Get your Will done now, before traveling on vacation.
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
When there is no governmental compulsion involved, the State may cross-examine a defendant concerning his pre-arrest silence to challenge his self-defense testimony.
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
The prosecutor's comments about inconsistencies in Tucker's statements did not constitute an unconstitutional comment on silence.
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
A prosecutor can cross-examine a defendant concerning inconsistencies between his or her post-Miranda statement to the police and his testimony at trial.
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
Twenty years after the murder of a 13-year-old girl, the Seattle police sent a letter to the lead suspect, posing as a law firm seeking to represent the suspect in a class action involving parking tickets. The suspect signed the enclosure and returned it to the "firm." The police then performed a DNA test on the saliva used to seal the envelope and used this evidence to assist in the successful prosecution of the suspect for second degree murder. On appeal, the Washington Supreme Court held that the saliva was not a "communication" protected by the attorney-client privilege; that the ruse used by the police did not violate the defendant's constitutional rights to privacy or due process; and that the conviction should be upheld.
6. Reminder: Friends of Cynthia Vercammen are invited to her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
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
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Reasons to prepare a Last Will and Testament and Property
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
6. Friends of Cynthia Vercammen are invited to her 50th party
Saturday July 28 - 7pm
--------------------------------------------------------------------------------
1. Reasons to prepare a Last Will and Testament and Property
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as anyone who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
Most Americans spend more time preparing for vacation than for estate planning or emergency. Get your Will done now, before traveling on vacation.
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
When there is no governmental compulsion involved, the State may cross-examine a defendant concerning his pre-arrest silence to challenge his self-defense testimony.
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
The prosecutor's comments about inconsistencies in Tucker's statements did not constitute an unconstitutional comment on silence.
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
A prosecutor can cross-examine a defendant concerning inconsistencies between his or her post-Miranda statement to the police and his testimony at trial.
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
Twenty years after the murder of a 13-year-old girl, the Seattle police sent a letter to the lead suspect, posing as a law firm seeking to represent the suspect in a class action involving parking tickets. The suspect signed the enclosure and returned it to the "firm." The police then performed a DNA test on the saliva used to seal the envelope and used this evidence to assist in the successful prosecution of the suspect for second degree murder. On appeal, the Washington Supreme Court held that the saliva was not a "communication" protected by the attorney-client privilege; that the ruse used by the police did not violate the defendant's constitutional rights to privacy or due process; and that the conviction should be upheld.
6. Reminder: Friends of Cynthia Vercammen are invited to her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
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
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Monday, July 23, 2007
NJ Laws Newsletter E160 September 1, 2004
In this issue:
1. Revised Wills Needed If...
Recent court cases:
2 Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea.
3. Road block permitted for crime in area
4. DV order not permitted if no intent to annoy or harass.
5. Police Chief even in Minor Discipline matters entitled to representation by counsel.
6. Civil Plaintiff requires objective test to demonstrate injury
7. Recent articles added to website www.njlaws.com
_______________________________
1. Revised Wills Needed If...
Major milestones can signal that it's time to reassess your Estate Plans needs. They also provide opportunities to review you overall financial picture and make sure everything's in place to help you achieve your objectives. Maybe it's time to increase your coverage. Change a beneficiary
Watch for major life changes like these to know when it's time for a review:
• Marriage, divorce, or widowhood
• Birth or adoption of a child
• A new home purchase
• A new job or promotion
• A claim on inheritance
• A lottery win
• A new business
• Early retirement
• Plans for children's or grandchildren's education
When you experience these or other major life changes give my office a call. We can discuss you Estate Plans and the options available.
Recent court cases:
2 Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea. State v. Rucki 367 NJ Super. 200 (App. Div. 2004).
It is improper for a prosecutor to introduce evidence of a guilty plea by a codefendant who does not testify at defendant's trial. Defendant did not "open the door" to evidence of his codefendant's guilty plea simply by testifying that neither he nor the co-defendant had committed the robbery charged in the indictment.
3. Road block permitted for crime in area. Illinois v. Lidster __ US __ 02-1060 (Decided January 13, 2004).
Police highway checkpoint set up with the primary purpose not to determine whether a vehicle's occupants were committing a crime but rather to ask them, as members of the public, for help in providing information about a crime did not violate the Fourth Amendment. Source: 175 N.J.L.J. 228
4. DV order not permitted if no intent to annoy or harass. Sperratore v. Sperratore __ NJ Super. __ A-4761-02T3 (App. Div. Decided March 8, 2004). [unreported]
Final domestic violence restraining order against the defendant former husband based on a finding of harassment reversed; the parties were estranged, and the defendant entered the plaintiff former wife's garage "to get his stuff"; according to the plaintiff, the defendant was "very anxious," and he began "throwing things around the garage"; even though the defendant's conduct was "inappropriate under the circumstances," he did not violate N.J.S.A. 2C:33-4(a) or (c); there was no evidence that the defendant's premises was to annoy or harass her, and the defendant's attempt to gain access to his motorcycle was not a sufficient basis to justify the imposition of a domestic violence restraining order. [unreported] Source: New Jersey Lawyer March 22, 2004 p. 23
5. Police Chief even in Minor Discipline matters entitled to representation by counsel. Fraternal Order of Police Lodge #1 v. City of Camden Police Department __ NJ Super. __ L-3528-03 (Law Div., Decided October 22, 2003).
A police officer in a civil-service municipality who faces minor disciplinary charges is entitled to representation by counsel, to cross-examine witnesses and to present witnesses on his or her behalf when there is a material fact in dispute.
6. Civil Plaintiff requires objective test to demonstrate injury Serrano v. Serrano 367 NJ Super. 450 (App. Div. 2004).
In an automobile negligence action, the plaintiff did not satisfy the first prong of Oswin v. Shaw because his injuries, which consisted of soft tissue strain and sprain injuries, were not supported by objective medical tests that established significant or serious injuries. The Appellate Division declined to consider whether a plaintiff is required to show a serious impact under AICRA, but it had doubts that a serious and permanent soft tissue injury could exist only where there is a serious impact. Source: New Jersey Lawyer March 22, 2004 p. 13
7. Recent articles added to website www.njlaws.com
DWI breathalyzer ampoules
http://www.njlaws.com/dwi_breathalyzer_ampoules.htm
Post Conviction Motion To Vacate Guilty Plea to Traffic Ticket or Criminal Guilty Plea
http://www.njlaws.com/post_conviction_motion_to_vacate_guilty_plea.htm
Sidewalk Liability for Fall downs on Sidewalks of Commercial Premises
http://www.njlaws.com/sidewalk_liability_for_fall_downs_on_sidewalks_of_commercial_premises.htm
________________________________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
New (Fax) 732-572-0030
website: www.njlaws.com
Editor's Note and Disclaimer: All materials Copyright 2004. 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 remove. Removals are performed by the webmaster once per month.
1. Revised Wills Needed If...
Recent court cases:
2 Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea.
3. Road block permitted for crime in area
4. DV order not permitted if no intent to annoy or harass.
5. Police Chief even in Minor Discipline matters entitled to representation by counsel.
6. Civil Plaintiff requires objective test to demonstrate injury
7. Recent articles added to website www.njlaws.com
_______________________________
1. Revised Wills Needed If...
Major milestones can signal that it's time to reassess your Estate Plans needs. They also provide opportunities to review you overall financial picture and make sure everything's in place to help you achieve your objectives. Maybe it's time to increase your coverage. Change a beneficiary
Watch for major life changes like these to know when it's time for a review:
• Marriage, divorce, or widowhood
• Birth or adoption of a child
• A new home purchase
• A new job or promotion
• A claim on inheritance
• A lottery win
• A new business
• Early retirement
• Plans for children's or grandchildren's education
When you experience these or other major life changes give my office a call. We can discuss you Estate Plans and the options available.
Recent court cases:
2 Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea. State v. Rucki 367 NJ Super. 200 (App. Div. 2004).
It is improper for a prosecutor to introduce evidence of a guilty plea by a codefendant who does not testify at defendant's trial. Defendant did not "open the door" to evidence of his codefendant's guilty plea simply by testifying that neither he nor the co-defendant had committed the robbery charged in the indictment.
3. Road block permitted for crime in area. Illinois v. Lidster __ US __ 02-1060 (Decided January 13, 2004).
Police highway checkpoint set up with the primary purpose not to determine whether a vehicle's occupants were committing a crime but rather to ask them, as members of the public, for help in providing information about a crime did not violate the Fourth Amendment. Source: 175 N.J.L.J. 228
4. DV order not permitted if no intent to annoy or harass. Sperratore v. Sperratore __ NJ Super. __ A-4761-02T3 (App. Div. Decided March 8, 2004). [unreported]
Final domestic violence restraining order against the defendant former husband based on a finding of harassment reversed; the parties were estranged, and the defendant entered the plaintiff former wife's garage "to get his stuff"; according to the plaintiff, the defendant was "very anxious," and he began "throwing things around the garage"; even though the defendant's conduct was "inappropriate under the circumstances," he did not violate N.J.S.A. 2C:33-4(a) or (c); there was no evidence that the defendant's premises was to annoy or harass her, and the defendant's attempt to gain access to his motorcycle was not a sufficient basis to justify the imposition of a domestic violence restraining order. [unreported] Source: New Jersey Lawyer March 22, 2004 p. 23
5. Police Chief even in Minor Discipline matters entitled to representation by counsel. Fraternal Order of Police Lodge #1 v. City of Camden Police Department __ NJ Super. __ L-3528-03 (Law Div., Decided October 22, 2003).
A police officer in a civil-service municipality who faces minor disciplinary charges is entitled to representation by counsel, to cross-examine witnesses and to present witnesses on his or her behalf when there is a material fact in dispute.
6. Civil Plaintiff requires objective test to demonstrate injury Serrano v. Serrano 367 NJ Super. 450 (App. Div. 2004).
In an automobile negligence action, the plaintiff did not satisfy the first prong of Oswin v. Shaw because his injuries, which consisted of soft tissue strain and sprain injuries, were not supported by objective medical tests that established significant or serious injuries. The Appellate Division declined to consider whether a plaintiff is required to show a serious impact under AICRA, but it had doubts that a serious and permanent soft tissue injury could exist only where there is a serious impact. Source: New Jersey Lawyer March 22, 2004 p. 13
7. Recent articles added to website www.njlaws.com
DWI breathalyzer ampoules
http://www.njlaws.com/dwi_breathalyzer_ampoules.htm
Post Conviction Motion To Vacate Guilty Plea to Traffic Ticket or Criminal Guilty Plea
http://www.njlaws.com/post_conviction_motion_to_vacate_guilty_plea.htm
Sidewalk Liability for Fall downs on Sidewalks of Commercial Premises
http://www.njlaws.com/sidewalk_liability_for_fall_downs_on_sidewalks_of_commercial_premises.htm
________________________________________________
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
New (Fax) 732-572-0030
website: www.njlaws.com
Editor's Note and Disclaimer: All materials Copyright 2004. 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 remove. Removals are performed by the webmaster once per month.
NJ Laws Newsletter E240 March 17, 2007
In this issue:
1 Fireman & Police now have right to bring claim if injured due to negligence
2. Illegal alien status can factor to deny PTI
3. Need to reapply Miranda warnings depends on circumstances
4. Motion to suppress granted where stop based on only 911 call that was vague
5 NJ Inheritance Form L-9
_____________________________
1. Fireman & Police now have right to bring claim if injured due to negligence
Ruiz v. Mero 3-13-07 (A-28/29-06)
N.J.S.A. 2A: 62A-21 abolished the firefighter’s rule. First responders may recover damages from a property owner for any injury sustained when answering an emergency. In 1993, the Legislature enacted N.J.S.A. 2A:62A-21. Plaintiff contends that the Legislature meant N.J.S.A. 2A:62A-21 to abrogate completely the firefighters’ rule. Defendants claim that the Legislature intended to return to the rule as it had existed prior to the Rosa case.
The meaning of N.J.S.A. 2A:62A-21 is clear - - to provide a broad right of action to a first responder who is injured on the premises to which he has been called. There is nothing in the words used to suggest that the Legislature intended to immunize only those hazards inevitably involved in fire fighting or police work and not those outside that sphere. The language in the Senate committee statement supports the view that the Legislature was aware of the Rosa case when it passed the statute. In light of the unfettered statutory language authorizing a cause of action, it seems much more likely that the Legislature intended to adopt Justice Handler’s view than to re-establish pre-Rosa case law.
2. Illegal alien status can factor to deny PTI. State v. Liviaz __ N.J. Super. __ (App. Div. 2007)
Although PTI may not be denied solely because a defendant is an illegal alien, it can be a relevant factor, and in both of these cases defendant's illegal status plus other facts justified the prosecutor's rejection of defendant's application for admission to the PTI program. Judgments of the trial court therefore reversed.
3. Need to reapply Miranda warnings depends on circumstances State v. Dispoto __ NJ ___ (A-103-05) 1-18-07
The Court rejected the Appellate Division’s bright-line approach that failure to re-administer Miranda warnings at the time of arrest required suppression of Dispoto’s post-arrest incriminating statement, notwithstanding the pre-custodial warning about an hour earlier. The Court retains the more measured and traditional totality-of-the-circumstances assessment. Thus, where pre-custodial warnings have been given to a defendant as part of a continuing pattern of interactions between the defendant and the police, and during that continuing sequence of events nothing of an intervening nature occurs that would dilute the effectiveness of the warning, there would appear to be no need to require another warning. Such determinations are better suited to fact-based assessments rather
than bright-line pronouncements.
Because there was insufficient evidence to support the issuance of the underlying domestic violence search warrant, the criminal search warrant was invalid as fruit of the poisonous tree. While this holding renders moot the Appellate Division’s finding that failure to re-administer Miranda warnings at the time of arrest required suppression of Dispoto’s post-arrest incriminating statements, the Court adds in respect of the issue of the Miranda warnings only that no bright line or per se rule governs whether re-administration is required following a pre- custodial Miranda warning.
4. Motion to suppress granted where stop based on only 911 call that was vague. State v. Phelps Appellate Division, A-3755-05T2, November 14, 2006, not approved for publication.
Law Division order that granted the defendant’s motion to suppress evidence that was seized after his motor vehicle was stopped affirmed; a man called 911 and reported that five “dark-skinned black males” who were members of the Bloods street gang were armed and chasing him in a “blue car”; police officers responded to the scene, stopped a “bluish-gray” Pontiac Bonneville that contained only the defendant, who is black, and a Hispanic female passenger, and recovered a handgun and crack cocaine; although other occupants of the defendant’s vehicle could have fled the scene before the officers arrived, the number and gender of the occupants that the officers saw did not match the 911 caller’s description, and the caller had identified the vehicle only by a nondescript color; the stop of the defendant’s vehicle was not justified because the information that the 911 caller provided did not correspond to the officers’ observations to the extent that the officers and the court could be certain that the defendant’s vehicle was the same vehicle that the caller had identified; instead, the caller’s description of the vehicle was “vague.” Source: Facts-on-Call Order No. 20501.
5 NJ Inheritance Form L-9
The Inheritance Form L-9 was revised and old forms can no longer be used. Inheritance Form L-9 is an Affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent.
More Wills & elder law articles
http://www.njlaws.com/more_probate_elder_law_litigation_laws_and_links.htm
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
1 Fireman & Police now have right to bring claim if injured due to negligence
2. Illegal alien status can factor to deny PTI
3. Need to reapply Miranda warnings depends on circumstances
4. Motion to suppress granted where stop based on only 911 call that was vague
5 NJ Inheritance Form L-9
_____________________________
1. Fireman & Police now have right to bring claim if injured due to negligence
Ruiz v. Mero 3-13-07 (A-28/29-06)
N.J.S.A. 2A: 62A-21 abolished the firefighter’s rule. First responders may recover damages from a property owner for any injury sustained when answering an emergency. In 1993, the Legislature enacted N.J.S.A. 2A:62A-21. Plaintiff contends that the Legislature meant N.J.S.A. 2A:62A-21 to abrogate completely the firefighters’ rule. Defendants claim that the Legislature intended to return to the rule as it had existed prior to the Rosa case.
The meaning of N.J.S.A. 2A:62A-21 is clear - - to provide a broad right of action to a first responder who is injured on the premises to which he has been called. There is nothing in the words used to suggest that the Legislature intended to immunize only those hazards inevitably involved in fire fighting or police work and not those outside that sphere. The language in the Senate committee statement supports the view that the Legislature was aware of the Rosa case when it passed the statute. In light of the unfettered statutory language authorizing a cause of action, it seems much more likely that the Legislature intended to adopt Justice Handler’s view than to re-establish pre-Rosa case law.
2. Illegal alien status can factor to deny PTI. State v. Liviaz __ N.J. Super. __ (App. Div. 2007)
Although PTI may not be denied solely because a defendant is an illegal alien, it can be a relevant factor, and in both of these cases defendant's illegal status plus other facts justified the prosecutor's rejection of defendant's application for admission to the PTI program. Judgments of the trial court therefore reversed.
3. Need to reapply Miranda warnings depends on circumstances State v. Dispoto __ NJ ___ (A-103-05) 1-18-07
The Court rejected the Appellate Division’s bright-line approach that failure to re-administer Miranda warnings at the time of arrest required suppression of Dispoto’s post-arrest incriminating statement, notwithstanding the pre-custodial warning about an hour earlier. The Court retains the more measured and traditional totality-of-the-circumstances assessment. Thus, where pre-custodial warnings have been given to a defendant as part of a continuing pattern of interactions between the defendant and the police, and during that continuing sequence of events nothing of an intervening nature occurs that would dilute the effectiveness of the warning, there would appear to be no need to require another warning. Such determinations are better suited to fact-based assessments rather
than bright-line pronouncements.
Because there was insufficient evidence to support the issuance of the underlying domestic violence search warrant, the criminal search warrant was invalid as fruit of the poisonous tree. While this holding renders moot the Appellate Division’s finding that failure to re-administer Miranda warnings at the time of arrest required suppression of Dispoto’s post-arrest incriminating statements, the Court adds in respect of the issue of the Miranda warnings only that no bright line or per se rule governs whether re-administration is required following a pre- custodial Miranda warning.
4. Motion to suppress granted where stop based on only 911 call that was vague. State v. Phelps Appellate Division, A-3755-05T2, November 14, 2006, not approved for publication.
Law Division order that granted the defendant’s motion to suppress evidence that was seized after his motor vehicle was stopped affirmed; a man called 911 and reported that five “dark-skinned black males” who were members of the Bloods street gang were armed and chasing him in a “blue car”; police officers responded to the scene, stopped a “bluish-gray” Pontiac Bonneville that contained only the defendant, who is black, and a Hispanic female passenger, and recovered a handgun and crack cocaine; although other occupants of the defendant’s vehicle could have fled the scene before the officers arrived, the number and gender of the occupants that the officers saw did not match the 911 caller’s description, and the caller had identified the vehicle only by a nondescript color; the stop of the defendant’s vehicle was not justified because the information that the 911 caller provided did not correspond to the officers’ observations to the extent that the officers and the court could be certain that the defendant’s vehicle was the same vehicle that the caller had identified; instead, the caller’s description of the vehicle was “vague.” Source: Facts-on-Call Order No. 20501.
5 NJ Inheritance Form L-9
The Inheritance Form L-9 was revised and old forms can no longer be used. Inheritance Form L-9 is an Affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent.
More Wills & elder law articles
http://www.njlaws.com/more_probate_elder_law_litigation_laws_and_links.htm
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
NJ Laws Newsletter E237 February 4, 2007
In this issue:
1. New statute Broadens definition of “toxic chemical” in the drug statutes to include nitrous oxide and other substances
2. New statute Imposes criminal penalties for certain actions concerning disposition of decedent’s body parts.
3 Recent cases: Confession made after arrest warrant admissible.
4. The need for Self- Proving Wills
5. Upcoming Community Events
1. New statute Broadens definition of “toxic chemical” in the drug statutes to include nitrous oxide and other substances.
Governor Jon S. Corzine took action on the following legislation. S-1280/A-3083 (Bryant/Fisher, Burzichelli) – This bill strengthens the prohibition on inhalation abuse, known as "huffing," by broadening the definition of "toxic chemical" in N.J.S.A. 2C:35-10.4.
Under current law, it is a disorderly persons offense to inhale the fumes of any toxic chemical for the purpose of causing a condition of intoxication or to possess any toxic chemical for the purpose of causing a condition of intoxication. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both.
The bill defines "toxic chemical" as "any chemical or substance having the property of releasing toxic fumes," and provides that the term "toxic chemical" includes but is not limited to nitrous oxide, and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.
The bill specifically provides that it does not apply to the lawful possession and use of nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide, or to the lawful sale of nitrous oxide for non medical use.
The bill amends N.J.S.A. 2C:36-1 through N.J.S.A. 2C:36-3, the drug paraphernalia statutes, to include objects commonly associated with inhalation abuse, such as the following: compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient; chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical. Use or possession of a toxic chemical under N.J.S. 2C:36-2 would be a disorderly persons offense. Distributing, dispensing or possessing with intent to distribute or manufacture a toxic chemical under N.J.S. 2C:36-3 would be a crime of the fourth degree punishable by a term of imprisonment not to exceed 18 months, a fine of up to $10,000 or both.
http://www.njleg.state.nj.us/2006/Bills/A3500/3083_S1.HTM
2. New statute Imposes criminal penalties for certain actions concerning disposition of decedent’s body parts. S-2032/A-3016 (Buono, Vitale/Vainieri Huttle, Conaway, Bodine, Quigley, Greenstein) –
As amended by the committee, this bill imposes criminal penalties for certain actions concerning the disposition of a human decedent’s body parts. Specifically:
A person who knowingly, for valuable consideration, purchases or sells a human body part for transplantation or therapy that was intended by the decedent to be donated after death, is guilty of a crime of the third degree (punishable by a fine of up to $50,000, three to five years imprisonment, or both).
This bill does not preclude a person from charging a reasonable amount for removing, processing, disposing, preserving, maintaining quality control, storing, transporting, or implanting a human body part.
A person who intentionally falsifies, forges, conceals, defaces, or obliterates a document by which a gift of all or part of a human body may be made pursuant to the “Uniform Anatomical Gift Act” (N.J.S.A. 26:6-57 et seq.), amends or revokes such a document, or any death record or document of medical or social history pertaining to the body or part of the donor, or a refuses to make a gift, in order to obtain a financial benefit or gain, is guilty of a crime of the second degree (punishable by a fine of up to $50,000, imprisonment for five to 10 years, or both).
· The bill also amends N.J.S.A. 2C:20-2 to make it a crime of the first degree (punishable by a fine of up to $200,000, imprisonment for 10 to 20 years, or both) to steal human remains by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to the “Uniform Anatomical Gift Act.”
http://www.njleg.state.nj.us/2006/Bills/S2500/2032_S1.HTM
3 Recent cases: Confession made after arrest warrant admissible. State v. Bell 388 N.J. Super. 629 (App. Div. 2006)
Where police arrested defendant pursuant to an arrest warrant but without a search warrant for the third party's residence in which they found him, his confession, made later at the police station, need not be suppressed. Source: NJ Law Journal November 27, 2006
_____________________________
4. The need for Self- Proving Wills
During the past year we have enjoyed providing information and advice to you and many friends and client.
The old New Jersey Probate Rules required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate paper.
The New Jersey Legislature passed a law to create a new type of Will called a “Self-Proving Will.” In such a Will, the person for whom the Will is made must sign. Then two witnesses sign. Then the attorney or notary must sign; with certain statutory language to indicate the Will is self proving. When done properly, the executor does not have to locate any witnesses. This usually saves time and money. If your Will is not “self-proving” or if you are unsure, schedule an appointment with an elder law attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills.
As 76 million Baby Boomers age and begin to focus on estate planning considerations, an estimated 10.4 trillion dollars in wealth will be transferred over the next 20 years. By the year 2020, over 100 million Americans will be over the age of 65 and can expect to spend 4 to 20 years in retirement. Estate planning is important for all Americans, not just the rich.
NJ Elder Law blog: http://elder-law.blogspot.com/
5. Upcoming Community Events
Feb. 10 ABA Elder Law meeting, Miami
Feb. 11 Cynthia’s birthday
Feb. 10 JSRC Party
March 4 Belmar Parade
March 9 Friendly Sons Friday This year's dinner will be at the DoubleTree Hotel in Somerset, NJ The recipient of "Irishman of the Year" will be Assemblyman Patrick Deignan. The dinner will be a black tie, men only. Tickets will be $100.00 and made payable to Friendly Sons of St. Patrick. Call Kenneth Vercammen if interested. We are trying to set up a table.
March 11 St Patrick Parade - Woodbridge
March 19 Edison Will / Probate
March 21 Middlesex Bar Awards Dinner - Law Center
6. Erase old criminal arrests and guilty pleas- New legal service available
ERASE/EXPUNGEMENT OF OLD ARRESTS TODAY TO AVOID EMBARRASSMENT AND DISCLOSURE
by KENNETH A. VERCAMMEN, ESQ.
Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church worshipers. The courts and police must keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" could be open to anyone in New Jersey including credit agencies. Under one proposal, for a $15.00 fee, someone could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen. Many employers often do a criminal background check on new and promoted employees.
Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged/ erased under certain instances.
If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all expungements are held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases is finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
1. New statute Broadens definition of “toxic chemical” in the drug statutes to include nitrous oxide and other substances
2. New statute Imposes criminal penalties for certain actions concerning disposition of decedent’s body parts.
3 Recent cases: Confession made after arrest warrant admissible.
4. The need for Self- Proving Wills
5. Upcoming Community Events
1. New statute Broadens definition of “toxic chemical” in the drug statutes to include nitrous oxide and other substances.
Governor Jon S. Corzine took action on the following legislation. S-1280/A-3083 (Bryant/Fisher, Burzichelli) – This bill strengthens the prohibition on inhalation abuse, known as "huffing," by broadening the definition of "toxic chemical" in N.J.S.A. 2C:35-10.4.
Under current law, it is a disorderly persons offense to inhale the fumes of any toxic chemical for the purpose of causing a condition of intoxication or to possess any toxic chemical for the purpose of causing a condition of intoxication. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both.
The bill defines "toxic chemical" as "any chemical or substance having the property of releasing toxic fumes," and provides that the term "toxic chemical" includes but is not limited to nitrous oxide, and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.
The bill specifically provides that it does not apply to the lawful possession and use of nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide, or to the lawful sale of nitrous oxide for non medical use.
The bill amends N.J.S.A. 2C:36-1 through N.J.S.A. 2C:36-3, the drug paraphernalia statutes, to include objects commonly associated with inhalation abuse, such as the following: compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient; chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical. Use or possession of a toxic chemical under N.J.S. 2C:36-2 would be a disorderly persons offense. Distributing, dispensing or possessing with intent to distribute or manufacture a toxic chemical under N.J.S. 2C:36-3 would be a crime of the fourth degree punishable by a term of imprisonment not to exceed 18 months, a fine of up to $10,000 or both.
http://www.njleg.state.nj.us/2006/Bills/A3500/3083_S1.HTM
2. New statute Imposes criminal penalties for certain actions concerning disposition of decedent’s body parts. S-2032/A-3016 (Buono, Vitale/Vainieri Huttle, Conaway, Bodine, Quigley, Greenstein) –
As amended by the committee, this bill imposes criminal penalties for certain actions concerning the disposition of a human decedent’s body parts. Specifically:
A person who knowingly, for valuable consideration, purchases or sells a human body part for transplantation or therapy that was intended by the decedent to be donated after death, is guilty of a crime of the third degree (punishable by a fine of up to $50,000, three to five years imprisonment, or both).
This bill does not preclude a person from charging a reasonable amount for removing, processing, disposing, preserving, maintaining quality control, storing, transporting, or implanting a human body part.
A person who intentionally falsifies, forges, conceals, defaces, or obliterates a document by which a gift of all or part of a human body may be made pursuant to the “Uniform Anatomical Gift Act” (N.J.S.A. 26:6-57 et seq.), amends or revokes such a document, or any death record or document of medical or social history pertaining to the body or part of the donor, or a refuses to make a gift, in order to obtain a financial benefit or gain, is guilty of a crime of the second degree (punishable by a fine of up to $50,000, imprisonment for five to 10 years, or both).
· The bill also amends N.J.S.A. 2C:20-2 to make it a crime of the first degree (punishable by a fine of up to $200,000, imprisonment for 10 to 20 years, or both) to steal human remains by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to the “Uniform Anatomical Gift Act.”
http://www.njleg.state.nj.us/2006/Bills/S2500/2032_S1.HTM
3 Recent cases: Confession made after arrest warrant admissible. State v. Bell 388 N.J. Super. 629 (App. Div. 2006)
Where police arrested defendant pursuant to an arrest warrant but without a search warrant for the third party's residence in which they found him, his confession, made later at the police station, need not be suppressed. Source: NJ Law Journal November 27, 2006
_____________________________
4. The need for Self- Proving Wills
During the past year we have enjoyed providing information and advice to you and many friends and client.
The old New Jersey Probate Rules required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate paper.
The New Jersey Legislature passed a law to create a new type of Will called a “Self-Proving Will.” In such a Will, the person for whom the Will is made must sign. Then two witnesses sign. Then the attorney or notary must sign; with certain statutory language to indicate the Will is self proving. When done properly, the executor does not have to locate any witnesses. This usually saves time and money. If your Will is not “self-proving” or if you are unsure, schedule an appointment with an elder law attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills.
As 76 million Baby Boomers age and begin to focus on estate planning considerations, an estimated 10.4 trillion dollars in wealth will be transferred over the next 20 years. By the year 2020, over 100 million Americans will be over the age of 65 and can expect to spend 4 to 20 years in retirement. Estate planning is important for all Americans, not just the rich.
NJ Elder Law blog: http://elder-law.blogspot.com/
5. Upcoming Community Events
Feb. 10 ABA Elder Law meeting, Miami
Feb. 11 Cynthia’s birthday
Feb. 10 JSRC Party
March 4 Belmar Parade
March 9 Friendly Sons Friday This year's dinner will be at the DoubleTree Hotel in Somerset, NJ The recipient of "Irishman of the Year" will be Assemblyman Patrick Deignan. The dinner will be a black tie, men only. Tickets will be $100.00 and made payable to Friendly Sons of St. Patrick. Call Kenneth Vercammen if interested. We are trying to set up a table.
March 11 St Patrick Parade - Woodbridge
March 19 Edison Will / Probate
March 21 Middlesex Bar Awards Dinner - Law Center
6. Erase old criminal arrests and guilty pleas- New legal service available
ERASE/EXPUNGEMENT OF OLD ARRESTS TODAY TO AVOID EMBARRASSMENT AND DISCLOSURE
by KENNETH A. VERCAMMEN, ESQ.
Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church worshipers. The courts and police must keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" could be open to anyone in New Jersey including credit agencies. Under one proposal, for a $15.00 fee, someone could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen. Many employers often do a criminal background check on new and promoted employees.
Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged/ erased under certain instances.
If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all expungements are held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases is finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
NJ Laws Newsletter E246 May 25, 2007
1. Property Tax Relief explanation
2. Fireman & Police Now Have Right to Bring Claim if Injured Due to Negligence
3. Defendant Can Contest Lab Reports As Hearsay. State v. Kent
4. Alibi Rule Infringes on Defendant's Rights. State v. Bradshaw
1. Property Tax Relief explanation
By: Christopher D. Reedy, Esquire
Governor John Corzine signed legislation that is aimed at providing relief to New Jersey’s staggering property tax crisis.
This legislation is intended to provide property tax relief to 1.9 million homeowners and 800,000 tenants. The property tax relief comes in the form of either a rebate or a tax credit. The new program will replace the former Property Tax Rebate program that was currently in place. The plan breaks down as follows:
• Households that have an income up to $100,000.00 will receive a 20% break in their property taxes, with the maximum being $2,000.00.
• Households that have an income between $100,000.00 and $150,000.00 will receive a 15% break in their property taxes, with the maximum being $1,500.00.
• Households that have an income between $150,000.00 and $250,000.00 will receive a 10% break in their property taxes, with the maximum being $1,000.00.
• Households with an income of over $250,000.00 will receive no break.
It is anticipated that this new program will raise the average savings of homeowners significantly, sometimes tripling or quadrupling the savings that a homeowner would receive under the previous rebate program. Individuals over the age of 65 are guaranteed to receive at least as much as they received under the previous program, however, many will receive more than they did previously.
Individuals over the age of 65 will have the choice of either receiving a tax credit or they can receive a rebate. While rebate checks will be given this year, individuals over the age of 65 must specifically request it if they want to continue receiving rebates. Individuals under the age of 65 will receive a tax credit, unless extraordinary circumstances apply. While this program is replacing the previous rebate program, it does not appear that there is any change to the Senior Citizens deduction or the Veteran’s deduction that many people receive.
In addition to providing immediate tax relief, the legislation seeks to stem the ever growing rise in New Jersey property taxes by implementing a 4% property tax levy cap on school districts and all county and local governments. If any of these organizations wish to exceed the 4% tax levy cap, they must submit a proposal which must seek voter approval.
2007 Property Tax Reform at a glance
HOUSEHOLD INCOME TAX BREAK MAXIMUM
Under $100,000/00
20%
$2000.00
$100,000.00 - $150,000.00
15%
$1500.00
$150,000.00 - $250,000.00
10%
$1000.00
Over $250,000.00
None
N/A
For more information, contact Begley & Bookbinder, P.C. an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
2. Fireman & Police Now Have Right to Bring Claim if Injured Due to Negligence
Ruiz v. Mero 189 NJ 525 (2007). N.J.S.A. 2A: 62A-21 abolished the firefighter’s rule. First responders may recover damages from a property owner for any injury sustained when answering an emergency.
NJ Personal Injury Blog
3. Defendant Can Contest Lab Reports As Hearsay.
State v. Kent ___ NJ Super. ___ (App. Div. Decided March 22, 2007) A-3137-05T1.
Defendant was convicted of DWI following a single-car rollover accident, and the Law Division affirmed his conviction. At the municipal trial, the State placed into evidence, among other proofs, (1) a blood sample certificate pursuant to N.J.S.A. 2A: 62A-11 from a private hospital employee who had extracted blood from defendant and (2) reports from a State Police laboratory that had tested the blood samples. The authors of those hearsay documents did not appear at trial.
The court reaffirms the holdings in State v. Renshaw, 390 N.J. Super. 456 (App. Div. 2007) (regarding blood sample certificates) and in State v. Berezansky, 385 N.J. Super. 84 (App. Div. 2006) (regarding State Police laboratory reports) concluding that the hearsay documents are "testimonial" under Crawford v. Washington, 541 U.S. 36 (2004), and that defendant was thus deprived of his right of confrontation under the Sixth Amendment.
However the court, also noted that, unless our Supreme Court determines otherwise, the confrontation clause of Article I, Paragraph 10 of the New Jersey Constitution does not appear to independently require such cross-examination beyond current federal precedents interpreting the Sixth Amendment. Additionally, the court recommends that legislative and/or rule-making initiatives be pursued to avoid placing undue testimonial burdens on health care workers and law enforcement personnel who may create documents relevant to drunk driving prosecutions.
Defendant's DWI conviction is affirmed on independent grounds, based upon the arresting officer's numerous observations indicative of defendant's intoxication, and defendant's admission of drinking.
NJ Traffic Law Blog
4. Alibi Rule Infringes on Defendant's Rights
State v. Bradshaw ___ NJ Super. ___ (App. Div. Decided April 2, 2007) A-4731-02T4.
The court held that the application of the notice of alibi rule, R. 3:12-2, to bar a defendant's own testimony as to his whereabouts at the time of a crime, because of his failure to comply with the rule, unconstitutionally infringes on defendant's state and federal right to testify, a right emanating from the due process and compulsory process guarantees. The court disagreed with contrary rulings in State v. Francis, 128 NJ Super. 346 (App. Div. 1974), and State v. Gonzalez, 223 NJ Super. 377 (App. Div.), certif. denied, 111 NJ 589 (1988). Combined with a highly objectionable summation by the prosecutor, the error was not harmless. A new trial is required.
Enjoy Memorial Day and remember our Veterans.
_____________________________
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 soda can holders available for all current and past clients. Please come into office.
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
NJ Criminal Law blog
------------------------------------------------------------------------
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
Phone: 732-572-0500
Fax: 732-572-0030
Web site: http://www.njlaws.com
E-mail: kenvnjlaws@verizon.net
------------------------------------------------------------------------
Click here to change or remove your subscription
Powered by Microsoft Small Business
2. Fireman & Police Now Have Right to Bring Claim if Injured Due to Negligence
3. Defendant Can Contest Lab Reports As Hearsay. State v. Kent
4. Alibi Rule Infringes on Defendant's Rights. State v. Bradshaw
1. Property Tax Relief explanation
By: Christopher D. Reedy, Esquire
Governor John Corzine signed legislation that is aimed at providing relief to New Jersey’s staggering property tax crisis.
This legislation is intended to provide property tax relief to 1.9 million homeowners and 800,000 tenants. The property tax relief comes in the form of either a rebate or a tax credit. The new program will replace the former Property Tax Rebate program that was currently in place. The plan breaks down as follows:
• Households that have an income up to $100,000.00 will receive a 20% break in their property taxes, with the maximum being $2,000.00.
• Households that have an income between $100,000.00 and $150,000.00 will receive a 15% break in their property taxes, with the maximum being $1,500.00.
• Households that have an income between $150,000.00 and $250,000.00 will receive a 10% break in their property taxes, with the maximum being $1,000.00.
• Households with an income of over $250,000.00 will receive no break.
It is anticipated that this new program will raise the average savings of homeowners significantly, sometimes tripling or quadrupling the savings that a homeowner would receive under the previous rebate program. Individuals over the age of 65 are guaranteed to receive at least as much as they received under the previous program, however, many will receive more than they did previously.
Individuals over the age of 65 will have the choice of either receiving a tax credit or they can receive a rebate. While rebate checks will be given this year, individuals over the age of 65 must specifically request it if they want to continue receiving rebates. Individuals under the age of 65 will receive a tax credit, unless extraordinary circumstances apply. While this program is replacing the previous rebate program, it does not appear that there is any change to the Senior Citizens deduction or the Veteran’s deduction that many people receive.
In addition to providing immediate tax relief, the legislation seeks to stem the ever growing rise in New Jersey property taxes by implementing a 4% property tax levy cap on school districts and all county and local governments. If any of these organizations wish to exceed the 4% tax levy cap, they must submit a proposal which must seek voter approval.
2007 Property Tax Reform at a glance
HOUSEHOLD INCOME TAX BREAK MAXIMUM
Under $100,000/00
20%
$2000.00
$100,000.00 - $150,000.00
15%
$1500.00
$150,000.00 - $250,000.00
10%
$1000.00
Over $250,000.00
None
N/A
For more information, contact Begley & Bookbinder, P.C. an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
2. Fireman & Police Now Have Right to Bring Claim if Injured Due to Negligence
Ruiz v. Mero 189 NJ 525 (2007). N.J.S.A. 2A: 62A-21 abolished the firefighter’s rule. First responders may recover damages from a property owner for any injury sustained when answering an emergency.
NJ Personal Injury Blog
3. Defendant Can Contest Lab Reports As Hearsay.
State v. Kent ___ NJ Super. ___ (App. Div. Decided March 22, 2007) A-3137-05T1.
Defendant was convicted of DWI following a single-car rollover accident, and the Law Division affirmed his conviction. At the municipal trial, the State placed into evidence, among other proofs, (1) a blood sample certificate pursuant to N.J.S.A. 2A: 62A-11 from a private hospital employee who had extracted blood from defendant and (2) reports from a State Police laboratory that had tested the blood samples. The authors of those hearsay documents did not appear at trial.
The court reaffirms the holdings in State v. Renshaw, 390 N.J. Super. 456 (App. Div. 2007) (regarding blood sample certificates) and in State v. Berezansky, 385 N.J. Super. 84 (App. Div. 2006) (regarding State Police laboratory reports) concluding that the hearsay documents are "testimonial" under Crawford v. Washington, 541 U.S. 36 (2004), and that defendant was thus deprived of his right of confrontation under the Sixth Amendment.
However the court, also noted that, unless our Supreme Court determines otherwise, the confrontation clause of Article I, Paragraph 10 of the New Jersey Constitution does not appear to independently require such cross-examination beyond current federal precedents interpreting the Sixth Amendment. Additionally, the court recommends that legislative and/or rule-making initiatives be pursued to avoid placing undue testimonial burdens on health care workers and law enforcement personnel who may create documents relevant to drunk driving prosecutions.
Defendant's DWI conviction is affirmed on independent grounds, based upon the arresting officer's numerous observations indicative of defendant's intoxication, and defendant's admission of drinking.
NJ Traffic Law Blog
4. Alibi Rule Infringes on Defendant's Rights
State v. Bradshaw ___ NJ Super. ___ (App. Div. Decided April 2, 2007) A-4731-02T4.
The court held that the application of the notice of alibi rule, R. 3:12-2, to bar a defendant's own testimony as to his whereabouts at the time of a crime, because of his failure to comply with the rule, unconstitutionally infringes on defendant's state and federal right to testify, a right emanating from the due process and compulsory process guarantees. The court disagreed with contrary rulings in State v. Francis, 128 NJ Super. 346 (App. Div. 1974), and State v. Gonzalez, 223 NJ Super. 377 (App. Div.), certif. denied, 111 NJ 589 (1988). Combined with a highly objectionable summation by the prosecutor, the error was not harmless. A new trial is required.
Enjoy Memorial Day and remember our Veterans.
_____________________________
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 soda can holders available for all current and past clients. Please come into office.
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
NJ Criminal Law blog
------------------------------------------------------------------------
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
Phone: 732-572-0500
Fax: 732-572-0030
Web site: http://www.njlaws.com
E-mail: kenvnjlaws@verizon.net
------------------------------------------------------------------------
Click here to change or remove your subscription
Powered by Microsoft Small Business
NJ Laws Newsletter E244 May 10, 2007
1 Personal Legal Checkup
Recent cases:
2. Pocket bike is motorized vehicle subject to NJ Laws and DWI
3. Defendant guilty of leaving scene where defendant admitted contact with vehicle
4. Double-jeopardy did not bar new trial where mistrial declared if judge could not be neutral.
5. To be guilty of "fictitious reports" defendant must act with knowing mental state.
6. Effective Business Succession Planning
7. Major Changes in Municipal Court - DWI, Recent DWI and Criminal Cases and the New Alcotest Breath Machine
1 Personal Legal Checkup
1. Do you have a will which has been revised within the past 3 years? (Y, N)
2. Are there any estate planning changes which should be considered? (Y, N)
3. Have the liability policy limits of your insurance increased within the past three years? (Y, N)
4. Are there any potential claims which could be asserted against you? (Y, N)
5. Do you presently have a written and current listing of all important future dates, such as expiration, option, maturity and due dates? (Y, N)
6. Are you aware of, and do you have a current valuation of, all potential government benefits to which you are or will become entitled? (Y, N)
7. Do you have a file, stored in a secure and fireproof location, containing all important documents (wills, titles, securities, contracts, marriage/divorce papers, deeds, pension/profit sharing plans, etc.) (Y, N)
8. Have you within the past 3 years reviewed the beneficiary designation on all documents which require such information? (Y, N)
9. Do you have a complete and current personal financial statement which list in detail all of your personal assets and liabilities? (Y, N)
10. Do you have a complete and current inventory of all of your physical possessions, sufficient to support a claim in the event of a loss? (Y, N)
11. To the extent the foregoing question are relevant to your spouse(if any) and minor children (if any), are there any matters or issues which should be updated, reconsidered, or changed? (Y, N)
12. To the extent there are persons other than spouse or children for whom you may have some responsibilities ( e.g., aging parents ), are there items or issues which should be updated or changed? (Y, N)
13. Have any of these questions caused you to consider taking some action or making some further review? (Y, N)
Recent cases:
2. Pocket bike is motorized vehicle subject to NJ Laws and DWI. State v. Kaiser Appellate Division, A-2404-05T3, September 26, 2006, not approved for publication.
Conviction following a trial de novo of driving while intoxicated in violation of N.J.S.A. 39:4-50 affirmed substantially for the reasons expressed by the Law Division; the defendant argued on appeal that the “pocket bike” that he had operated on a public roadway was not a “motor vehicle” for the purpose of prosecution under §39:4-50; N.J.S.A. 39:1-1 defines “motor vehicle” to include “all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles”; a “pocket bike” is not propelled by muscular power or the use of pedals, does not run on rails or tracks, and is not a “motorized bicycle” because it does not have pedals; therefore, a “pocket bike” was a “motor vehicle” when the defendant’s offense occurred; although the Legislature later enacted a regulatory scheme for “motorized scooters,” including “pocket bikes,” that is independent of the scheme for “motor vehicles,” there was no legislative intent to provide retroactive relief to drunk drivers who were convicted under prior law. Source: Facts-on-Call Order No. 20243
3. Defendant guilty of leaving scene where defendant admitted contact with vehicle. State v. Friedman Appellate Division, A-272-05T2, October 4, 2006, not approved for publication.
Conviction following a trial de novo of leaving the scene of an accident in violation of N.J.S.A. 39:4-129(b) affirmed substantially for the reasons expressed by the Law Division; a driver testified that her vehicle was stopped in traffic when a blue Jaguar hit it in the rear; the driver saw “a small indentation” and cracked lacquer on her bumper, and she wrote down the Jaguar’s license plate number; the Jaguar was determined to belong to the defendant, whom the driver identified in court; the defendant had driven from the scene without giving the driver his name and address, driver’s license, or vehicle registration; the defendant admitted that his Jaguar had touched the driver’s vehicle but asserted that the touching did not amount to an accident; however, the Law Division properly concluded that the defendant was aware that he had been in an accident and that the requirements of §39:4-129(b) therefore were satisfied; even if the impact was minimal, that was no defense to the charge. Source: Facts-on-Call Order No. 20285
4. Double-jeopardy did not bar new trial where mistrial declared if judge could not be neutral. State v. Logory Appellate Division, A-3582-04T3, October 19, 2006, not approved for publication.
Law Division decision that the retrial of the defendant in the Municipal Court on charges of driving while intoxicated and making an improper lane change was not a double-jeopardy violation affirmed; the first Municipal Court judge declared a mistrial sua sponte because he no longer could be neutral and detached in light of defense counsel’s conduct; at the retrial, the second Municipal Court judge convicted the defendant of both charges; the Law Division rejected the defendant’s double-jeopardy claim and convicted him of both charges following a trial de novo; the Appellate Division rejected the defendant’s argument that double-jeopardy principles barred his retrial because the first Municipal Court judge could have exercised reasonable alternatives to declaring a mistrial; “manifest necessity” and the “ends of public justice” required the first Municipal Court judge to recuse himself when he no longer could be fair and impartial and therefore to declare a mistrial sua sponte. Source: Facts-on-Call Order No. 20370
5. To be guilty of "fictitious reports" defendant must act with knowing mental state. State v. Taylor Law Division, Camden County, Appeal No. 02-2006, approved for publication June 20, 2006.
As a matter of first impression, the Law Division applied the “diminished capacity” statute, N.J.S.A. 2C:4-2, to the case of a defendant who, while in a hallucinatory state, had reported an offense to the police
that had not occurred, and it concluded that the State had not proved that the defendant had acted with the “knowing” mental state required by the fictitious reports statute, N.J.S.A. 2C:28-4b(1). Source: Facts-on-Call Order No. 93068
6. Effective Business Succession Planning
By Saul Simon
Business owners invest significant amounts of time and financial resources to make their enterprises successful. Quite often, due to the quick pace of day-to-day operations, planning for succession of ownership is relegated to a low-priority task. But there comes a point in the life cycle of any business when the owner is no longer able to manage the firm that he or she founded.
Because the timing of death or disability is difficult to predict, it’s prudent to have a succession plan in place now to safeguard your family’s financial well being, and to provide your business with leadership during a transition period.
A Family Affair?
One logical solution—and one that most entrepreneurs may want to choose—is to turn the reins over to their children. However, despite its emotional and intuitive appeal, the odds are stacked squarely against a business surviving a transfer down the bloodline.
According to the U.S. Small Business Administration, two-thirds of family-run enterprises fail to make the successful transition to a second generation of ownership, and less than 15% survive into the third generation. Making a successful transition even trickier are issues brought on by divorce, blended families, or rivalries among children.
The best course of action may be either to identify strong candidates within your company who can continue to run the business and provide a source of financial security for your family, or to look at the potential for selling the business to an outside party.
“You have to be realistic,” says Jack Kaewpalug, Certified Financial PlannerTM Practitioner with Lincoln Financial Advisors Corp. in Irvine, Calif. “If you’re the person who is responsible for 80% of the firm’s sales, you’ll need to identify somebody who can assume that role if you want to keep the operation going.”
Transitional Steps
Whichever course you eventually decide is right for your business, there are steps you can take now that will ease the transition.
* Groom new management. Who is best able to run the business in your absence? Perhaps your children have spent years growing up in the business and have become capable managers in their own right. If not, look to your existing management team, and make your intentions known. Be sure that candidates are capable and interested in taking over.
* Determine a value. Work with a valuation specialist to get a fair assessment of what your business might be worth. While valuation analysis may be an art as much as it is a science, you should place a value on your business in the event you decide to sell. There are several valuation methods, including book value, discounted cash flow, or you could hire a professional appraiser. If you decide to transfer the business to your children, a professional appraisal is generally required to withstand IRS scrutiny.
* Draft a buy-sell agreement. Depending on the structure of ownership, this document will be a binding agreement detailing the terms of ownership transfer between you and your offspring, you and a non-family successor, or you and your partners. Be sure to specify how the agreement will be funded. “Proceeds from a life insurance policy are frequently used as a way to fund a buy-sell arrangement,” says Kaewpalug, “Other options include loans from a bank or company earnings that are paid back through an ‘earn-out’ arrangement with your successor, whereby the loan is paid back in regular installments.
* ESOPs. If you have a large number of employees, another option is an Employee Stock Ownership Plan (ESOP), whereby a bank lends money to the ESOP to purchase your interest in the business, and the employees then buy the shares through regular payroll deductions.
Planning for succession can be an unpleasant task, although the outcome can be even more unpleasant if you fail to plan. “You’ll have a lot more options if you start to plan when things are going great,” says Kaewpalug. “What you don’t want is a situation where your family is scrambling to salvage some value from the business after you’re gone.”
Simon Financial Group
399 Thornall Street, 12th Floor
Edison, NJ 08837
Phone: (732)623.2078
Fax: (732)623.2088
www.saulsimon.com
7. Major Changes in Municipal Court - DWI, Recent DWI and Criminal Cases and the New Alcotest Breath Machine
NJSBA Annual Meeting- Borgata Resort, Atlantic City
Thursday, May 17 10:30 a.m. - noon Studio III room
Discussion of new DWI law with .08 BAC; the new 7110 breathalyzer testing machine; recent cases involving DWI or drugs; the refusal law and pending legislation; court rules to limit plea bargaining; blood test admissibility in a DWI or drug case suppression and other pre-trial motions.
Speakers:
John Menzel, Esq.
Co-Counsel, State v Chun, State v Foley
Kenneth A. Vercammen, Esq.
Past Chair, NJSBA Municipal Court Section
Hon. Marilyn E. Williams
Newark Municipal Court
Richard M. Keil, Esq.
Oakhurst
Sponsors: Municipal Court Practice Section
Criminal Law Section
General Practice Section
Young Lawyers Division
ICLE
Certified Trial Attorneys: 1.5 criminal credits pending
PA CLE: 1.5 substantive credits pending
NY CLE (Transitional/Non-transitional): 1.5 professional practice credits
One speaker will also provide updated information on the 7100 Alcotest Mark III MK breath test machine that will replace the Breathalyzer Model 900 and 900A, used in New Jersey for the past thirty years. He will also discuss the science and operation of this new breath test machine, and consider its impact on breath testing in New Jersey. This information is critical for attorneys who represent plaintiffs or defendants in DWI matters.
Materials Provided to all Attendees:
Call NJSBA at 732-249-5000 for meeting registration details
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Recent cases:
2. Pocket bike is motorized vehicle subject to NJ Laws and DWI
3. Defendant guilty of leaving scene where defendant admitted contact with vehicle
4. Double-jeopardy did not bar new trial where mistrial declared if judge could not be neutral.
5. To be guilty of "fictitious reports" defendant must act with knowing mental state.
6. Effective Business Succession Planning
7. Major Changes in Municipal Court - DWI, Recent DWI and Criminal Cases and the New Alcotest Breath Machine
1 Personal Legal Checkup
1. Do you have a will which has been revised within the past 3 years? (Y, N)
2. Are there any estate planning changes which should be considered? (Y, N)
3. Have the liability policy limits of your insurance increased within the past three years? (Y, N)
4. Are there any potential claims which could be asserted against you? (Y, N)
5. Do you presently have a written and current listing of all important future dates, such as expiration, option, maturity and due dates? (Y, N)
6. Are you aware of, and do you have a current valuation of, all potential government benefits to which you are or will become entitled? (Y, N)
7. Do you have a file, stored in a secure and fireproof location, containing all important documents (wills, titles, securities, contracts, marriage/divorce papers, deeds, pension/profit sharing plans, etc.) (Y, N)
8. Have you within the past 3 years reviewed the beneficiary designation on all documents which require such information? (Y, N)
9. Do you have a complete and current personal financial statement which list in detail all of your personal assets and liabilities? (Y, N)
10. Do you have a complete and current inventory of all of your physical possessions, sufficient to support a claim in the event of a loss? (Y, N)
11. To the extent the foregoing question are relevant to your spouse(if any) and minor children (if any), are there any matters or issues which should be updated, reconsidered, or changed? (Y, N)
12. To the extent there are persons other than spouse or children for whom you may have some responsibilities ( e.g., aging parents ), are there items or issues which should be updated or changed? (Y, N)
13. Have any of these questions caused you to consider taking some action or making some further review? (Y, N)
Recent cases:
2. Pocket bike is motorized vehicle subject to NJ Laws and DWI. State v. Kaiser Appellate Division, A-2404-05T3, September 26, 2006, not approved for publication.
Conviction following a trial de novo of driving while intoxicated in violation of N.J.S.A. 39:4-50 affirmed substantially for the reasons expressed by the Law Division; the defendant argued on appeal that the “pocket bike” that he had operated on a public roadway was not a “motor vehicle” for the purpose of prosecution under §39:4-50; N.J.S.A. 39:1-1 defines “motor vehicle” to include “all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles”; a “pocket bike” is not propelled by muscular power or the use of pedals, does not run on rails or tracks, and is not a “motorized bicycle” because it does not have pedals; therefore, a “pocket bike” was a “motor vehicle” when the defendant’s offense occurred; although the Legislature later enacted a regulatory scheme for “motorized scooters,” including “pocket bikes,” that is independent of the scheme for “motor vehicles,” there was no legislative intent to provide retroactive relief to drunk drivers who were convicted under prior law. Source: Facts-on-Call Order No. 20243
3. Defendant guilty of leaving scene where defendant admitted contact with vehicle. State v. Friedman Appellate Division, A-272-05T2, October 4, 2006, not approved for publication.
Conviction following a trial de novo of leaving the scene of an accident in violation of N.J.S.A. 39:4-129(b) affirmed substantially for the reasons expressed by the Law Division; a driver testified that her vehicle was stopped in traffic when a blue Jaguar hit it in the rear; the driver saw “a small indentation” and cracked lacquer on her bumper, and she wrote down the Jaguar’s license plate number; the Jaguar was determined to belong to the defendant, whom the driver identified in court; the defendant had driven from the scene without giving the driver his name and address, driver’s license, or vehicle registration; the defendant admitted that his Jaguar had touched the driver’s vehicle but asserted that the touching did not amount to an accident; however, the Law Division properly concluded that the defendant was aware that he had been in an accident and that the requirements of §39:4-129(b) therefore were satisfied; even if the impact was minimal, that was no defense to the charge. Source: Facts-on-Call Order No. 20285
4. Double-jeopardy did not bar new trial where mistrial declared if judge could not be neutral. State v. Logory Appellate Division, A-3582-04T3, October 19, 2006, not approved for publication.
Law Division decision that the retrial of the defendant in the Municipal Court on charges of driving while intoxicated and making an improper lane change was not a double-jeopardy violation affirmed; the first Municipal Court judge declared a mistrial sua sponte because he no longer could be neutral and detached in light of defense counsel’s conduct; at the retrial, the second Municipal Court judge convicted the defendant of both charges; the Law Division rejected the defendant’s double-jeopardy claim and convicted him of both charges following a trial de novo; the Appellate Division rejected the defendant’s argument that double-jeopardy principles barred his retrial because the first Municipal Court judge could have exercised reasonable alternatives to declaring a mistrial; “manifest necessity” and the “ends of public justice” required the first Municipal Court judge to recuse himself when he no longer could be fair and impartial and therefore to declare a mistrial sua sponte. Source: Facts-on-Call Order No. 20370
5. To be guilty of "fictitious reports" defendant must act with knowing mental state. State v. Taylor Law Division, Camden County, Appeal No. 02-2006, approved for publication June 20, 2006.
As a matter of first impression, the Law Division applied the “diminished capacity” statute, N.J.S.A. 2C:4-2, to the case of a defendant who, while in a hallucinatory state, had reported an offense to the police
that had not occurred, and it concluded that the State had not proved that the defendant had acted with the “knowing” mental state required by the fictitious reports statute, N.J.S.A. 2C:28-4b(1). Source: Facts-on-Call Order No. 93068
6. Effective Business Succession Planning
By Saul Simon
Business owners invest significant amounts of time and financial resources to make their enterprises successful. Quite often, due to the quick pace of day-to-day operations, planning for succession of ownership is relegated to a low-priority task. But there comes a point in the life cycle of any business when the owner is no longer able to manage the firm that he or she founded.
Because the timing of death or disability is difficult to predict, it’s prudent to have a succession plan in place now to safeguard your family’s financial well being, and to provide your business with leadership during a transition period.
A Family Affair?
One logical solution—and one that most entrepreneurs may want to choose—is to turn the reins over to their children. However, despite its emotional and intuitive appeal, the odds are stacked squarely against a business surviving a transfer down the bloodline.
According to the U.S. Small Business Administration, two-thirds of family-run enterprises fail to make the successful transition to a second generation of ownership, and less than 15% survive into the third generation. Making a successful transition even trickier are issues brought on by divorce, blended families, or rivalries among children.
The best course of action may be either to identify strong candidates within your company who can continue to run the business and provide a source of financial security for your family, or to look at the potential for selling the business to an outside party.
“You have to be realistic,” says Jack Kaewpalug, Certified Financial PlannerTM Practitioner with Lincoln Financial Advisors Corp. in Irvine, Calif. “If you’re the person who is responsible for 80% of the firm’s sales, you’ll need to identify somebody who can assume that role if you want to keep the operation going.”
Transitional Steps
Whichever course you eventually decide is right for your business, there are steps you can take now that will ease the transition.
* Groom new management. Who is best able to run the business in your absence? Perhaps your children have spent years growing up in the business and have become capable managers in their own right. If not, look to your existing management team, and make your intentions known. Be sure that candidates are capable and interested in taking over.
* Determine a value. Work with a valuation specialist to get a fair assessment of what your business might be worth. While valuation analysis may be an art as much as it is a science, you should place a value on your business in the event you decide to sell. There are several valuation methods, including book value, discounted cash flow, or you could hire a professional appraiser. If you decide to transfer the business to your children, a professional appraisal is generally required to withstand IRS scrutiny.
* Draft a buy-sell agreement. Depending on the structure of ownership, this document will be a binding agreement detailing the terms of ownership transfer between you and your offspring, you and a non-family successor, or you and your partners. Be sure to specify how the agreement will be funded. “Proceeds from a life insurance policy are frequently used as a way to fund a buy-sell arrangement,” says Kaewpalug, “Other options include loans from a bank or company earnings that are paid back through an ‘earn-out’ arrangement with your successor, whereby the loan is paid back in regular installments.
* ESOPs. If you have a large number of employees, another option is an Employee Stock Ownership Plan (ESOP), whereby a bank lends money to the ESOP to purchase your interest in the business, and the employees then buy the shares through regular payroll deductions.
Planning for succession can be an unpleasant task, although the outcome can be even more unpleasant if you fail to plan. “You’ll have a lot more options if you start to plan when things are going great,” says Kaewpalug. “What you don’t want is a situation where your family is scrambling to salvage some value from the business after you’re gone.”
Simon Financial Group
399 Thornall Street, 12th Floor
Edison, NJ 08837
Phone: (732)623.2078
Fax: (732)623.2088
www.saulsimon.com
7. Major Changes in Municipal Court - DWI, Recent DWI and Criminal Cases and the New Alcotest Breath Machine
NJSBA Annual Meeting- Borgata Resort, Atlantic City
Thursday, May 17 10:30 a.m. - noon Studio III room
Discussion of new DWI law with .08 BAC; the new 7110 breathalyzer testing machine; recent cases involving DWI or drugs; the refusal law and pending legislation; court rules to limit plea bargaining; blood test admissibility in a DWI or drug case suppression and other pre-trial motions.
Speakers:
John Menzel, Esq.
Co-Counsel, State v Chun, State v Foley
Kenneth A. Vercammen, Esq.
Past Chair, NJSBA Municipal Court Section
Hon. Marilyn E. Williams
Newark Municipal Court
Richard M. Keil, Esq.
Oakhurst
Sponsors: Municipal Court Practice Section
Criminal Law Section
General Practice Section
Young Lawyers Division
ICLE
Certified Trial Attorneys: 1.5 criminal credits pending
PA CLE: 1.5 substantive credits pending
NY CLE (Transitional/Non-transitional): 1.5 professional practice credits
One speaker will also provide updated information on the 7100 Alcotest Mark III MK breath test machine that will replace the Breathalyzer Model 900 and 900A, used in New Jersey for the past thirty years. He will also discuss the science and operation of this new breath test machine, and consider its impact on breath testing in New Jersey. This information is critical for attorneys who represent plaintiffs or defendants in DWI matters.
Materials Provided to all Attendees:
Call NJSBA at 732-249-5000 for meeting registration details
_____________________________
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Friday, July 20, 2007
NJ Laws Newsletter E250 July 19, 2007
1. Reasons to prepare a Last Will and Testament and Property
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
6. Friends of Cynthia Vercammen are invited to her 50th party
Saturday July 28 - 7pm
1. Reasons to prepare a Last Will and Testament and Property
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as anyone who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
Most Americans spend more time preparing for vacation than for estate planning or emergency. Get your Will done now, before traveling on vacation.
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
When there is no governmental compulsion involved, the State may cross-examine a defendant concerning his pre-arrest silence to challenge his self-defense testimony.
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
The prosecutor's comments about inconsistencies in Tucker's statements did not constitute an unconstitutional comment on silence.
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
A prosecutor can cross-examine a defendant concerning inconsistencies between his or her post-Miranda statement to the police and his testimony at trial.
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
Twenty years after the murder of a 13-year-old girl, the Seattle police sent a letter to the lead suspect, posing as a law firm seeking to represent the suspect in a class action involving parking tickets. The suspect signed the enclosure and returned it to the "firm." The police then performed a DNA test on the saliva used to seal the envelope and used this evidence to assist in the successful prosecution of the suspect for second degree murder. On appeal, the Washington Supreme Court held that the saliva was not a "communication" protected by the attorney-client privilege; that the ruse used by the police did not violate the defendant's constitutional rights to privacy or due process; and that the conviction should be upheld.
6. Reminder: Friends of Cynthia Vercammen are invited to her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
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
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
6. Friends of Cynthia Vercammen are invited to her 50th party
Saturday July 28 - 7pm
1. Reasons to prepare a Last Will and Testament and Property
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as anyone who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
Most Americans spend more time preparing for vacation than for estate planning or emergency. Get your Will done now, before traveling on vacation.
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
When there is no governmental compulsion involved, the State may cross-examine a defendant concerning his pre-arrest silence to challenge his self-defense testimony.
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
The prosecutor's comments about inconsistencies in Tucker's statements did not constitute an unconstitutional comment on silence.
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
A prosecutor can cross-examine a defendant concerning inconsistencies between his or her post-Miranda statement to the police and his testimony at trial.
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
Twenty years after the murder of a 13-year-old girl, the Seattle police sent a letter to the lead suspect, posing as a law firm seeking to represent the suspect in a class action involving parking tickets. The suspect signed the enclosure and returned it to the "firm." The police then performed a DNA test on the saliva used to seal the envelope and used this evidence to assist in the successful prosecution of the suspect for second degree murder. On appeal, the Washington Supreme Court held that the saliva was not a "communication" protected by the attorney-client privilege; that the ruse used by the police did not violate the defendant's constitutional rights to privacy or due process; and that the conviction should be upheld.
6. Reminder: Friends of Cynthia Vercammen are invited to her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
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
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
NJ Laws Newsletter E249 July 11, 2007
In This Issue
1. Friends of Cynthia Vercammen are invited her 50th party Saturday July 28 7pm
2. Hearsay rule does not apply to Breathalyzer certification
3. Prior refusal to take Breathalyzer counts for enhanced penalty.
4. Alibi notice requirement may violate 5th Amendment.
5. Upcoming Charity races
6. New DWI testing machine faces Additional questions by the Court.
____________________________
1. Friends of Cynthia Vercammen are invited her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - fax back to Law Office Fax: (732) 572-0030
Name: _____________________________
E-mail: ____________________________
____________________________
2. Hearsay rule does not apply to breathalyzer certification. State v. Dorman 393 N.J. Super. 28 (App. Div. 2007)
In this DWI appeal, the court held that notwithstanding the Supreme Court's holding in Crawford v. Washington, 541 U.S. 36, 68-69, 124 S. Ct. 1354, 1374, 158 L. Ed. 2d 177, 203 (2004), a breathalyzer machine certificate of operability offered by the State to meet its burden of proof under State v. Garthe, 1 N.J. 1 (1996), remains admissible as a business record under N.J.R.E. 803(c)(6).
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3. Prior refusal to take breathalyzer counts for enhanced penalty. State v. Breslin __ N.J. Super. __ A-6074-05T3 5/9/07
Defendant appealed from a judgment convicting him of refusal to submit a breath sample, N.J.S.A. 39:4-50.2, and the imposition of a two-year suspension of his driving privileges as a second offender, N.J.S.A. 39:4-50.4a. Defendant argued that he should not be considered a second offender under N.J.S.A. 39:4-50.4a because his prior conviction for refusal to submit a breath sample was obtained when the burden of proof required for such a conviction was the preponderance of the evidence standard.
As to defendant's contention that he should not be considered a second offender under N.J.S.A. 39:4-50.4a, the court held that there is no just reason to nullify a prior refusal conviction based upon a lesser burden of proof from being considered in determining a defendant's second-offender status under N.J.S.A. 39:4-50.4a after a second conviction for the same refusal offense based upon the criminal standard of proof.
____________________________
4. Alibi notice requirement may violate 5th Amendment. State v. Bradshaw 392 N.J. Super. 425 (App. Div. 2007)
The court held that application of the notice of alibi rule, R. 3:12-2, to bar a defendant's own testimony as to his whereabouts at the time of a crime, because of his failure to comply with the Rule, unconstitutionally infringes on defendant's state and federal right to testify, a right emanating from the due process and compulsory process guarantees. The court disagreed with contrary rulings in State v. Francis, 128 N.J. Super. 346 (App. Div. 1974) and State v. Gonzalez, 223 N.J. Super. 377 (App. Div.), certif. denied, 111 N.J. 589 (1988).
____________________________
5. Upcoming Charity races:
7/14/07 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks. Play Volleyball at Bar A.
7/22/2007 Jersey State Triathlon USAT Sanctioned Mercer County Park
7/28/07 Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event. spend the rest of the day at the beach.
7/24/07 RVRR Summer 5k & kids races in New Brunswick. NEW FOR 2007!Due to continued construction at Donaldson Park (our home for 23 years, RVRR moved the races across the river. The races will begin at the south-center of the Buccleuch
Park near the Senior Center (on Huntington Street), and will be 2 loops of 2.5K each. There will be only one major hill each lap, but the course is accurately measured, and we'll have the usual traffic control, water at the finish line, and awards presented within 30 minutes of the finish.NEW LOCATION!! Buccleuch Park, New Brunswick NJ (Easton Avenue across from St. Peters Hospital http://www.rvrr.org/
7/29/2007 The Staten Island Flat as a PANCAKE Sprint TRI & LUMPY PANCAKE Olympic Distance Tri 1/4 mile swim or 2 mile run, 12 mile bike, 5k run or .93 swim, 24 mile bike, 10k run, 10am Staten Island NY 732-841-2558
7/29/2007 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028
8/4/07 Neptune City Day 5k, 8:00 Neptune City
8/5/07 Sea Girt 5K 8:30am Sea Girt
8/11/07 San Francisco Bay 5k
8/18/07 Bradley Beach 5k Bradley Beach
8/25/2007 Saturday Tri/Du the Wildwoods 1/4 mile swim, 11 mile bike, 3.1 mile run or 2 mile run, 11 mile bike, 3.1 mile run , 7:30am North Wildwood NJ 609-374-6495
More events at http://www.njlaws.com/calendar_of_community_events.htm
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6. New DWI testing machine faces additional questions by the Court.
For over the past several years, the courts have been faced with the question of whether the new DWI Alcotest 7110 breath testing machine is reliable. The NJ Supreme Court has directed further hearings into this new machine. The following is the State v CHUN TIMETABLE
IF NO TESTIMONIAL HEARINGS OF EXPERTS:
5/22/07 Amended Remand Orde
5/30/07 Source Codes due to respective software houses
(7 days from May 23)
8/28/07 Software Houses' reports due to Special Master
(90 days from receipt of source codes 5/31/07)
9/11/07 Special Master's report due to Supreme Court
(14 days from receipt of experts' reports)
IF TESTIMONIAL HEARINGS ARE HELD:
5/22/07 Amended Remand Order
5/30/07 Source Codes due to respective software houses
(7 days from May 23)
8/28/07 Software Houses' reports due to Special Master
(90 days from receipt of source codes 5/31/07)
10/12/07 Testimonial hearings to be completed
(45 days of receipt of experts' report)
10/26/07 Special Master's report due to Supreme Court
(14 days from conclusion of hearings)
After over two years of litigation in State v. Chun, approximately 21,000 pages of documents have been disclosed, a 41 day hearing has been held before Judge King spanning 8,500 pages of transcripts, Judge King issued a 268 page opinion, and the case has been briefed and argued before the Supreme Court. Ultimately, the Supreme Court ordered Dräger, the Alcotest manufacturer, to provide the software (source code) employed in the Alcotest, so that a defense selected software house can evaluate the source code to identify possible errors.
This was a hard fought battle for the defense attorneys. The defense attorneys have collectively expended in excess of six thousand uncompensated billing hours. They also have collectively spent in excess of $50,000 for experts, transcripts, brief printing, etc.
The Defense has retained a software expert, at its own expense, who tells them that based on industry averages and his vast experience, an analysis of the source code by a software house will likely produce numerous programming errors as well as the reasonable possibility that the readings may not be accurate for various programming shortcuts used in analyzing the breath samples.
Even Microsoft routinely sends out patches for its programs as it recognizes glitches in the programs. The Alcotest is produced by a small breath testing company that admitted during the hearing that it uses the same type of microprocessor chip that was used more than 15 years ago in video games.
The volunteer defense attorneys have requested that other defense Attorneys and anyone interested in the making sure this new machine is accurately tested to please contribute to the cost of the source code review and ask your affected clients to do the same. Such contributions will be used solely to fund the source code evaluation, and will not be used for any costs that have been already incurred. Municipal Court Attorneys and individuals interested in the "Innocent until proven Guilty" constitutional guarantee may be interested in making a small contribution. Please make any checks payable to the defense selected software house, "Base One Technologies", and please send them to:
SAMUEL LOUIS SACHS
Princeton Windsor Office Park
379 Princeton-Hightstown Road
P.O. Box 968
East Windsor, NJ 08520
(609) 448-2700
Fax: (609) 448-8883
If you would like to learn more about Base One, please visit their website at www.base-one.com.
____________________________
Thank you for reading our newsletter! God Bless America USA #1
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
____________________________
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
1. Friends of Cynthia Vercammen are invited her 50th party Saturday July 28 7pm
2. Hearsay rule does not apply to Breathalyzer certification
3. Prior refusal to take Breathalyzer counts for enhanced penalty.
4. Alibi notice requirement may violate 5th Amendment.
5. Upcoming Charity races
6. New DWI testing machine faces Additional questions by the Court.
____________________________
1. Friends of Cynthia Vercammen are invited her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - fax back to Law Office Fax: (732) 572-0030
Name: _____________________________
E-mail: ____________________________
____________________________
2. Hearsay rule does not apply to breathalyzer certification. State v. Dorman 393 N.J. Super. 28 (App. Div. 2007)
In this DWI appeal, the court held that notwithstanding the Supreme Court's holding in Crawford v. Washington, 541 U.S. 36, 68-69, 124 S. Ct. 1354, 1374, 158 L. Ed. 2d 177, 203 (2004), a breathalyzer machine certificate of operability offered by the State to meet its burden of proof under State v. Garthe, 1 N.J. 1 (1996), remains admissible as a business record under N.J.R.E. 803(c)(6).
____________________________
3. Prior refusal to take breathalyzer counts for enhanced penalty. State v. Breslin __ N.J. Super. __ A-6074-05T3 5/9/07
Defendant appealed from a judgment convicting him of refusal to submit a breath sample, N.J.S.A. 39:4-50.2, and the imposition of a two-year suspension of his driving privileges as a second offender, N.J.S.A. 39:4-50.4a. Defendant argued that he should not be considered a second offender under N.J.S.A. 39:4-50.4a because his prior conviction for refusal to submit a breath sample was obtained when the burden of proof required for such a conviction was the preponderance of the evidence standard.
As to defendant's contention that he should not be considered a second offender under N.J.S.A. 39:4-50.4a, the court held that there is no just reason to nullify a prior refusal conviction based upon a lesser burden of proof from being considered in determining a defendant's second-offender status under N.J.S.A. 39:4-50.4a after a second conviction for the same refusal offense based upon the criminal standard of proof.
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4. Alibi notice requirement may violate 5th Amendment. State v. Bradshaw 392 N.J. Super. 425 (App. Div. 2007)
The court held that application of the notice of alibi rule, R. 3:12-2, to bar a defendant's own testimony as to his whereabouts at the time of a crime, because of his failure to comply with the Rule, unconstitutionally infringes on defendant's state and federal right to testify, a right emanating from the due process and compulsory process guarantees. The court disagreed with contrary rulings in State v. Francis, 128 N.J. Super. 346 (App. Div. 1974) and State v. Gonzalez, 223 N.J. Super. 377 (App. Div.), certif. denied, 111 N.J. 589 (1988).
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5. Upcoming Charity races:
7/14/07 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks. Play Volleyball at Bar A.
7/22/2007 Jersey State Triathlon USAT Sanctioned Mercer County Park
7/28/07 Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event. spend the rest of the day at the beach.
7/24/07 RVRR Summer 5k & kids races in New Brunswick. NEW FOR 2007!Due to continued construction at Donaldson Park (our home for 23 years, RVRR moved the races across the river. The races will begin at the south-center of the Buccleuch
Park near the Senior Center (on Huntington Street), and will be 2 loops of 2.5K each. There will be only one major hill each lap, but the course is accurately measured, and we'll have the usual traffic control, water at the finish line, and awards presented within 30 minutes of the finish.NEW LOCATION!! Buccleuch Park, New Brunswick NJ (Easton Avenue across from St. Peters Hospital http://www.rvrr.org/
7/29/2007 The Staten Island Flat as a PANCAKE Sprint TRI & LUMPY PANCAKE Olympic Distance Tri 1/4 mile swim or 2 mile run, 12 mile bike, 5k run or .93 swim, 24 mile bike, 10k run, 10am Staten Island NY 732-841-2558
7/29/2007 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028
8/4/07 Neptune City Day 5k, 8:00 Neptune City
8/5/07 Sea Girt 5K 8:30am Sea Girt
8/11/07 San Francisco Bay 5k
8/18/07 Bradley Beach 5k Bradley Beach
8/25/2007 Saturday Tri/Du the Wildwoods 1/4 mile swim, 11 mile bike, 3.1 mile run or 2 mile run, 11 mile bike, 3.1 mile run , 7:30am North Wildwood NJ 609-374-6495
More events at http://www.njlaws.com/calendar_of_community_events.htm
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6. New DWI testing machine faces additional questions by the Court.
For over the past several years, the courts have been faced with the question of whether the new DWI Alcotest 7110 breath testing machine is reliable. The NJ Supreme Court has directed further hearings into this new machine. The following is the State v CHUN TIMETABLE
IF NO TESTIMONIAL HEARINGS OF EXPERTS:
5/22/07 Amended Remand Orde
5/30/07 Source Codes due to respective software houses
(7 days from May 23)
8/28/07 Software Houses' reports due to Special Master
(90 days from receipt of source codes 5/31/07)
9/11/07 Special Master's report due to Supreme Court
(14 days from receipt of experts' reports)
IF TESTIMONIAL HEARINGS ARE HELD:
5/22/07 Amended Remand Order
5/30/07 Source Codes due to respective software houses
(7 days from May 23)
8/28/07 Software Houses' reports due to Special Master
(90 days from receipt of source codes 5/31/07)
10/12/07 Testimonial hearings to be completed
(45 days of receipt of experts' report)
10/26/07 Special Master's report due to Supreme Court
(14 days from conclusion of hearings)
After over two years of litigation in State v. Chun, approximately 21,000 pages of documents have been disclosed, a 41 day hearing has been held before Judge King spanning 8,500 pages of transcripts, Judge King issued a 268 page opinion, and the case has been briefed and argued before the Supreme Court. Ultimately, the Supreme Court ordered Dräger, the Alcotest manufacturer, to provide the software (source code) employed in the Alcotest, so that a defense selected software house can evaluate the source code to identify possible errors.
This was a hard fought battle for the defense attorneys. The defense attorneys have collectively expended in excess of six thousand uncompensated billing hours. They also have collectively spent in excess of $50,000 for experts, transcripts, brief printing, etc.
The Defense has retained a software expert, at its own expense, who tells them that based on industry averages and his vast experience, an analysis of the source code by a software house will likely produce numerous programming errors as well as the reasonable possibility that the readings may not be accurate for various programming shortcuts used in analyzing the breath samples.
Even Microsoft routinely sends out patches for its programs as it recognizes glitches in the programs. The Alcotest is produced by a small breath testing company that admitted during the hearing that it uses the same type of microprocessor chip that was used more than 15 years ago in video games.
The volunteer defense attorneys have requested that other defense Attorneys and anyone interested in the making sure this new machine is accurately tested to please contribute to the cost of the source code review and ask your affected clients to do the same. Such contributions will be used solely to fund the source code evaluation, and will not be used for any costs that have been already incurred. Municipal Court Attorneys and individuals interested in the "Innocent until proven Guilty" constitutional guarantee may be interested in making a small contribution. Please make any checks payable to the defense selected software house, "Base One Technologies", and please send them to:
SAMUEL LOUIS SACHS
Princeton Windsor Office Park
379 Princeton-Hightstown Road
P.O. Box 968
East Windsor, NJ 08520
(609) 448-2700
Fax: (609) 448-8883
If you would like to learn more about Base One, please visit their website at www.base-one.com.
____________________________
Thank you for reading our newsletter! God Bless America USA #1
Our law blogs:
Vercammen NJLaw Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" 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 soda can holders available for all current and past clients. Please come into office.
____________________________
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
NJ Laws Newsletter E248 June 21, 2007
In This Issue
1. Preparing the Living Will is only the First Step
2. US Supreme Court Rules passengers in cars have search rights
3. Charity Running Races (Pine Beach - USTAF - Championship June 24)
____________________________
1. Preparing the Living Will is Only the First Step (By Christopher D. Reedy, Esquire of Begley & Bookbinder)
At the end of 2004 and the beginning of 2005, you could hardly open a newspaper, or watch the nightly news and not be confronted with the case of Terri Schiavo. In 1990, after collapsing in her home, Terri suffered brain damage and became dependant on a feeding tube. The legal battle to determine the fate of Terri lasted over seven years and involved both state and federal courts, as well as state and federal legislation. At issue amongst all of the legal battles was whether or not to continue the use of the feeding tube. Her husband stated that she had told him that she did not wish to be kept on life support with no hope of recovery. Terri's parents did not agree with this and this led to a trial where a judge was responsible for determining what Terri would have wanted to do. After 15 years of being institutionalized and being diagnosed with a persistent vegetative state, the battle to determine the fate of Terry was finally settled when her feeding tube was removed and she passed away on March 31, 2005. The Schiavo case brought national attention to the necessity of having a living will. Had Terri had a living will, her wishes would have been known and could have been followed without court intervention.
Because of the attention brought by the Schiavo case, more people are preparing living wills, so that there end of life decisions can be followed. However, too often people return from their attorney's office, with their newly created living will and stick it in a safe or a safety deposit box, without talking to anyone in their family about their decisions. It is definitely important to have a living will prepared for you that expresses your wishes, but the preparing of the living will should only be the starting point. After you have prepared your living will, you should sit down with your family and discuss what the document says and explain exactly what your wishes are. That way, your family will know what decisions you have made and can ensure that they are followed. The importance of discussing your decisions with your family can not be understated. You could very easily be presented with a situation where the hospital has misinterpreted one of the clauses of the living will, and is not following through with what your wishes are. If your family knows what your wishes are, they will be able to ensure that they are followed.
Discussing your decision with your family may also prevent fights later on. Without discussing your decision, you could have two different family members who believe they know what your intentions really are. This could lead to fights or resentment if your health care representative has to make a decision that one of the family members disagrees with. It is important to talk to all members of your family and not just your health care representative. By discussing your decision ahead of time, you can make sure that the entire family is on the same page and hopefully prevent disagreements in the future.
Discussing your decision will also help to prevent guilt on the part of your health care representative. Oftentimes, when a health care representative has to make a decision, they feel uncomfortable making the decision, or later feel guilty about the decision they made. By discussing this before hand, you can ensure that they understand that all you are asking them to do is carry out your wishes. You are not asking them to make a decision, just to ensure that the decision that you have already made gets carried out. Discussing it beforehand can make the health care representative's job easier at a very stressful time.
Our office would recommend to all of our clients who took their living will home and put them in a desk drawer without discussing the contents of it with their family, to schedule a family meeting and go over the document. Not only may it prevent fights down the road between family members, but it will also make sure that your decision is carried out and you will not have to end up in a lengthy legal battle like Terri Schiavo's family.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
____________________________
2. US Supreme Court Rules passengers in cars have search rights
Brendlin v. California No. 06-8120 Decided June 18, 2007
Police officers stopped a car to check its registration without reason to believe it was being operated unlawfully. One of the officers recognized petitioner Brendlin, a passenger in the car. The police verified that Brendlin was a parole violator and officers arrested Brendlin and searched him, the driver and the car finding methamphetamine paraphernalia. Brendlin was charged with possessing and manufacturing meth and moved to suppress the evidence obtained from the search of his person and the car, arguing that the officers lacked probable cause or reasonable suspicion to stop the car which made the seizure of his person unconstitutional. The unanimous opinion recognized that passengers in vehicles stopped by the police are covered by the fourth amendment and may challenge the legality of the stop if arrested.
Held: when the police make a traffic stop, a passenger in the car, like the driver, is seized for fourth amendment purposes and so may challenge the stop's constitutionality.
____________________________
3. Charity Running Races
June 24 - Pine Beach 5k & One Mile Riverside Run - 9am - 1 mile - 8:15am - Pine Beach, NJ (732 505 9554), http://www.pinebeach5k.com/
The 2007 event is the ninth annual race on this fast, scenic, USATF certified 3.1 mile course along the Toms River and through the quiet streets of Pine Beach.
All roads will be closed to traffic. There will be two water stops, and clocks at miles 1 and 2. Strollers and baby joggers are welcome.
After the race, there will be an awards ceremony on the Vista Park field. Cash awards ($150, $125, $100) will be given to the top three male and female runners, with a $100 bonus award for setting a new course record. A $75 award for the top male and female master runner. Additional age group awards will be given out along with other special awards. Check the awards page for a breakdown of all awards and categories.
Again this year will be the Team Challenge. Awards will be given to the first team in each category: male, female, and mixed. Teams will consist of three runners. Each team member must complete and sign a race application.
This race is now a USATF New Jersey Championship event for USATF Members. USATF Members will receive 700 points as well as a reduced pre-registration fee.
The Outback Steakhouse, Bricktown, will provide a post race BBQ for all race participants.
June 30- Frog Hollow 5k- Free food, use swim club for entire day
____________________________
The Kenneth Vercammen NJ Laws 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 soda can holders available for all current and past clients. Please come into office.
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
____________________________
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
1. Preparing the Living Will is only the First Step
2. US Supreme Court Rules passengers in cars have search rights
3. Charity Running Races (Pine Beach - USTAF - Championship June 24)
____________________________
1. Preparing the Living Will is Only the First Step (By Christopher D. Reedy, Esquire of Begley & Bookbinder)
At the end of 2004 and the beginning of 2005, you could hardly open a newspaper, or watch the nightly news and not be confronted with the case of Terri Schiavo. In 1990, after collapsing in her home, Terri suffered brain damage and became dependant on a feeding tube. The legal battle to determine the fate of Terri lasted over seven years and involved both state and federal courts, as well as state and federal legislation. At issue amongst all of the legal battles was whether or not to continue the use of the feeding tube. Her husband stated that she had told him that she did not wish to be kept on life support with no hope of recovery. Terri's parents did not agree with this and this led to a trial where a judge was responsible for determining what Terri would have wanted to do. After 15 years of being institutionalized and being diagnosed with a persistent vegetative state, the battle to determine the fate of Terry was finally settled when her feeding tube was removed and she passed away on March 31, 2005. The Schiavo case brought national attention to the necessity of having a living will. Had Terri had a living will, her wishes would have been known and could have been followed without court intervention.
Because of the attention brought by the Schiavo case, more people are preparing living wills, so that there end of life decisions can be followed. However, too often people return from their attorney's office, with their newly created living will and stick it in a safe or a safety deposit box, without talking to anyone in their family about their decisions. It is definitely important to have a living will prepared for you that expresses your wishes, but the preparing of the living will should only be the starting point. After you have prepared your living will, you should sit down with your family and discuss what the document says and explain exactly what your wishes are. That way, your family will know what decisions you have made and can ensure that they are followed. The importance of discussing your decisions with your family can not be understated. You could very easily be presented with a situation where the hospital has misinterpreted one of the clauses of the living will, and is not following through with what your wishes are. If your family knows what your wishes are, they will be able to ensure that they are followed.
Discussing your decision with your family may also prevent fights later on. Without discussing your decision, you could have two different family members who believe they know what your intentions really are. This could lead to fights or resentment if your health care representative has to make a decision that one of the family members disagrees with. It is important to talk to all members of your family and not just your health care representative. By discussing your decision ahead of time, you can make sure that the entire family is on the same page and hopefully prevent disagreements in the future.
Discussing your decision will also help to prevent guilt on the part of your health care representative. Oftentimes, when a health care representative has to make a decision, they feel uncomfortable making the decision, or later feel guilty about the decision they made. By discussing this before hand, you can ensure that they understand that all you are asking them to do is carry out your wishes. You are not asking them to make a decision, just to ensure that the decision that you have already made gets carried out. Discussing it beforehand can make the health care representative's job easier at a very stressful time.
Our office would recommend to all of our clients who took their living will home and put them in a desk drawer without discussing the contents of it with their family, to schedule a family meeting and go over the document. Not only may it prevent fights down the road between family members, but it will also make sure that your decision is carried out and you will not have to end up in a lengthy legal battle like Terri Schiavo's family.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
____________________________
2. US Supreme Court Rules passengers in cars have search rights
Brendlin v. California No. 06-8120 Decided June 18, 2007
Police officers stopped a car to check its registration without reason to believe it was being operated unlawfully. One of the officers recognized petitioner Brendlin, a passenger in the car. The police verified that Brendlin was a parole violator and officers arrested Brendlin and searched him, the driver and the car finding methamphetamine paraphernalia. Brendlin was charged with possessing and manufacturing meth and moved to suppress the evidence obtained from the search of his person and the car, arguing that the officers lacked probable cause or reasonable suspicion to stop the car which made the seizure of his person unconstitutional. The unanimous opinion recognized that passengers in vehicles stopped by the police are covered by the fourth amendment and may challenge the legality of the stop if arrested.
Held: when the police make a traffic stop, a passenger in the car, like the driver, is seized for fourth amendment purposes and so may challenge the stop's constitutionality.
____________________________
3. Charity Running Races
June 24 - Pine Beach 5k & One Mile Riverside Run - 9am - 1 mile - 8:15am - Pine Beach, NJ (732 505 9554), http://www.pinebeach5k.com/
The 2007 event is the ninth annual race on this fast, scenic, USATF certified 3.1 mile course along the Toms River and through the quiet streets of Pine Beach.
All roads will be closed to traffic. There will be two water stops, and clocks at miles 1 and 2. Strollers and baby joggers are welcome.
After the race, there will be an awards ceremony on the Vista Park field. Cash awards ($150, $125, $100) will be given to the top three male and female runners, with a $100 bonus award for setting a new course record. A $75 award for the top male and female master runner. Additional age group awards will be given out along with other special awards. Check the awards page for a breakdown of all awards and categories.
Again this year will be the Team Challenge. Awards will be given to the first team in each category: male, female, and mixed. Teams will consist of three runners. Each team member must complete and sign a race application.
This race is now a USATF New Jersey Championship event for USATF Members. USATF Members will receive 700 points as well as a reduced pre-registration fee.
The Outback Steakhouse, Bricktown, will provide a post race BBQ for all race participants.
June 30- Frog Hollow 5k- Free food, use swim club for entire day
____________________________
The Kenneth Vercammen NJ Laws 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 soda can holders available for all current and past clients. Please come into office.
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
____________________________
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
NJ Laws Newsletter E247 June 11, 2007
In This Issue
1. Upcoming events
2. Statute of Limitations in 1983 Civil Rights Suit Begins on Arrest.
3. No Legal Malpractice When Conviction Reversed.
4. DWI Stop Suppressed Where Police Did Not See Reasons to Believe Defendant Was Intoxicated.
_________________________
Greetings Kenneth Vercammen, We switched effective June 1, 2007 to an improved newsletter email service. We have been informed some your email addresses may be lost in the transfer process. Therefore, if you don't receive your next newsletter by June 15, please send us an email to advise us. Thank You. To unsubscribe, follow Constant Contact's button at the bottom.
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1. Upcoming events
June 11
ICLE Mun Ct - Handling Cases in the Busiest Courts MayFair Farm, West Orange. Call (732) 249-5100
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2. Statute of Limitations in 1983 Civil Rights Suit Begins on Arrest.
Wallace v. Kato U.S. Supreme Court (Decided February 21, 2007) 05-1240.
The statute of limitations on a 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process. Source: 187 N.J.L.J. 783. This case limits Civil Rights Suits.
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3. No Legal Malpractice When Conviction Reversed.
Newton v. Office of Essex County Public Defender (Appellate Division Decided February 20, 2007) 04-2-6533. Unpublished.
The Law Division judge properly dismissed plaintiff's legal-malpractice complaint, rejecting his argument that he was inadequately represented by counsel in his criminal proceedings, leading to an allegedly defective plea and an improper sentence. Inter alia, the judge justifiably relied on Alampi v. Russo, which denied recovery in a legal-malpractice case arising out of a guilty plea that was not vacated or reversed in the criminal appellate process. Source: 187 N.J.L.J. 785
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4. DWI Stop Suppressed Where Police Did Not See Reasons to Believe Defendant Was Intoxicated.
State v. Stongvila (Appellate Division Decided January 30, 2007) A-3582-04T3. Not Approved For Publication.
Conviction after a trial de novo of refusing to submit to a Breathalyzer test in violation of N.J.S.A. 39:4-50.2 reversed; a police officer was working undercover outside a liquor store; a liquor store employee told the officer that the defendant seemed to be intoxicated and was rude, loud, and boisterous while he was in the store; the officer saw the defendant leave the store, walk to his car, and drive away but did not see anything that indicated that the defendant was intoxicated; nonetheless, the officer asked his dispatcher to have a patrol car follow the defendant, and another officer stopped the defendant based solely on the dispatcher's report of a possible intoxicated driver; the State's evidence was insufficient to support the reasonable suspicion required to justify an investigatory stop, and the stop was illegal; furthermore, there was no probable cause for the request to submit to a Breathalyzer test because the request was based on evidence that was obtained after the illegal stop and that would have been suppressed if the State had proceeded on a charge of driving while intoxicated. Source: Facts-on-Call Order No. 20866
_________________________
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 soda can holders available for all current and past clients. Please come into office.
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
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Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
1. Upcoming events
2. Statute of Limitations in 1983 Civil Rights Suit Begins on Arrest.
3. No Legal Malpractice When Conviction Reversed.
4. DWI Stop Suppressed Where Police Did Not See Reasons to Believe Defendant Was Intoxicated.
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Greetings Kenneth Vercammen, We switched effective June 1, 2007 to an improved newsletter email service. We have been informed some your email addresses may be lost in the transfer process. Therefore, if you don't receive your next newsletter by June 15, please send us an email to advise us. Thank You. To unsubscribe, follow Constant Contact's button at the bottom.
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1. Upcoming events
June 11
ICLE Mun Ct - Handling Cases in the Busiest Courts MayFair Farm, West Orange. Call (732) 249-5100
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2. Statute of Limitations in 1983 Civil Rights Suit Begins on Arrest.
Wallace v. Kato U.S. Supreme Court (Decided February 21, 2007) 05-1240.
The statute of limitations on a 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process. Source: 187 N.J.L.J. 783. This case limits Civil Rights Suits.
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3. No Legal Malpractice When Conviction Reversed.
Newton v. Office of Essex County Public Defender (Appellate Division Decided February 20, 2007) 04-2-6533. Unpublished.
The Law Division judge properly dismissed plaintiff's legal-malpractice complaint, rejecting his argument that he was inadequately represented by counsel in his criminal proceedings, leading to an allegedly defective plea and an improper sentence. Inter alia, the judge justifiably relied on Alampi v. Russo, which denied recovery in a legal-malpractice case arising out of a guilty plea that was not vacated or reversed in the criminal appellate process. Source: 187 N.J.L.J. 785
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4. DWI Stop Suppressed Where Police Did Not See Reasons to Believe Defendant Was Intoxicated.
State v. Stongvila (Appellate Division Decided January 30, 2007) A-3582-04T3. Not Approved For Publication.
Conviction after a trial de novo of refusing to submit to a Breathalyzer test in violation of N.J.S.A. 39:4-50.2 reversed; a police officer was working undercover outside a liquor store; a liquor store employee told the officer that the defendant seemed to be intoxicated and was rude, loud, and boisterous while he was in the store; the officer saw the defendant leave the store, walk to his car, and drive away but did not see anything that indicated that the defendant was intoxicated; nonetheless, the officer asked his dispatcher to have a patrol car follow the defendant, and another officer stopped the defendant based solely on the dispatcher's report of a possible intoxicated driver; the State's evidence was insufficient to support the reasonable suspicion required to justify an investigatory stop, and the stop was illegal; furthermore, there was no probable cause for the request to submit to a Breathalyzer test because the request was based on evidence that was obtained after the illegal stop and that would have been suppressed if the State had proceeded on a charge of driving while intoxicated. Source: Facts-on-Call Order No. 20866
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Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
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