In this issue:
1. If Convicted of Simple Assault In DV-Related Case, Weapons Forfeited.
2. Tips in a Personal Injury case for Injured persons- Monthly Tip
3. Trenton Waterfront 5K WED, June 16, 2004
4. On Appeal, Law Division Must Determine By Reasonable Doubt and Can Reduce Sentence.
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1 If Convicted of Simple Assault In DV-Related Case, Weapons Forfeited. State v. Wahl ___ NJ Super. ___ A-5790-02T2 (App. Div. January 14, 2004).
In this domestic-violence weapons-forfeiture appeal, we held that the person convicted of simple assault in municipal court, contrary to N.J.S.A. 2C:12-1(a), against a person protected under the Prevention of Domestic Violence Act (i.e., a person within the definition of “victim” set forth in N.J.S.A. 2C:25-19e), has committed a “misdemeanor crime of domestic violence” as defined under the Lautenberg Amendment to the federal Gun Control Act (18 U.S.C.A. __ 922 (g)(9). Reading the weapons return and forfeiture provisions contained in N.J.S.A. 2C:25-21d(3) and 18 U.S.C.A. __ 922(g)(9) in pai materia, we conclude that a person convicted of a misdemeanor crime of domestic violence prohibited by New Jersey law from possession of firearms that have been, at any point, shipped in interstate or foreign commerce, even if, as here, the domestic-violence restraining order has been dismissed. _____________________________
2. Tips in a Personal Injury case for Injured persons- Monthly Tip
Submission of Bills to Car Insurance and Major Medical following a car accident
You should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. Please provide insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to your car insurance company. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow "Care Path". Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.
Doctor/ Treatment:
It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.
Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills therefor. Also save all bottles or containers of medicine.
Bills in a Personal Injury case:
Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
Evidence in a Personal Injury case:
Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
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3. Trenton Waterfront 5K WED, June 16, 2004
Ken Vercammen's team is the defending champion of the Trenton Waterfront 5K for Habitat for Humanity!
We need runners to help defend our title.
- Food, refreshments, music and family activities
There is also reduced price beers.
I WILL BE ON VACATION JUNE 21 AND WILL MISS PRESIDENT'S CUP. DRINK BEER WITH KEN VERCAMMEN AND GERRY FENNELLY. IF You plan on attending, please send me an email. Also, if you are taking Route 1 to Trenton, let me know.
More details:
x Awards to age-category and group team winners:
x Relatively flat course with water stops
x USATF Certified Course and Sanctioned race
x USATF-NJ Grand Prix Event: 500 points
x Group teams comprised of at least 4 participants are welcome *
KatManDu Waterfront Grille Race Date: June 16,2004 (Wednesday; rain or shine)
Riverview Executive Park Registration: 5:00 – 6::30 PM
Mercer County Waterfront Park, Trenton, NJ Race Start: 6:45 PM
Race Hotline: 609.631.9211 or fennelly@fennelly.com (Jerry Fennelly)
x CompuScore mailed results
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4. On Appeal, Law Division Must Determine By Reasonable Doubt and Can Reduce Sentence. State v. Zimmer A-2861-02T5 (App. Div. December 17, 2003). [Unpublished]
Conviction for shoplifting following a trial de novo in the Law Division reversed and remanded for retrial because, at the conclusion of the trial, the Law Division failed to properly impose sentence; by limiting its finding to the determination that there was prima facie evidence of concealment with intent to steal, the Law Division concluded only that there was a basis to draw an inference, and it appeared to treat the inference as conclusive; however, the Law Division also was required to evaluate the defense and to conclude whether the defendant was guilty beyond a reasonable doubt; furthermore, the Law Division cited the incorrect Court Rule when it held that it could not reduce or change the Municipal Court’s sentence; Rule 3:23-8(e) required that the Law Division impose a “sentence as provided by law,” and the case law required that it exercise “independent judgment” during sentencing. Source: 12 NJL 2510 [Unpublished] _____________________________
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
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