In this issue:
1. 20th Anniversary Party
"Celebrating 20 years of providing excellent service to clients"
1985-2005 Friday, September 16, 2005
2. Anti-noise ordinance is not violation of due process. State v Clarksburg Inn
3. Aggravated Assault upgrade not applicable to private school teachers
4. In Domestic-violence, no Miranda required prior to questioning.
5. Malicious prosecution can include filing of criminal complaint. Epperson v Wal-Mart Stores
6. Do You Have All Necessary Estate Planning Documents?
7. Photos added to njlaws.com website:
Olympic Champion Carl Lewis
8- Metuchen Annual Country Fair- booth space available
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1. You are invited!
Kenneth Vercammen
Attorney at Law
20th Anniversary Party
"Celebrating 20 years of providing excellent service to clients"
1985-2005
Friday, September 16, 2005
5-8PM
Client & Community Appreciation Social.
Food, Refreshments, T- shirts and special gifts
The Law office is located at 2053 Woodbridge Avenue, Edison, NJ 08817 near the Nixon Post Office, approximately 1/2 mile from Route 1/ Wick Plaza, and 1 mile from Middlesex County College. There is 50 parking spaces nearby on Russell Ave. and Lillian St. around the corner near Kal's Deli, on Woodbridge Ave. near the Green Derby Tavern, and across the street on School House Lane.
Visit our website at www.njlaws.com for Directions and other details or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500(Law office)
-Yes, We will be attending the party- fax back to Law Office Fax: 732-572-0030
Name: _____________________________
email: _____________________________________
2. Anti-noise ordinance is not violation of due process. State v Clarksburg Inn ___ NJ Super. ___ 868 A. 2d. 1120 (App. Div. 2005).
The Millstone Township Anti-Noise Ordinance is neither overboard nor vague and, therefore, does not violate the Fourteenth Amendment. This court reaffirms the holding in State v. Holland, 132 N.J. Super. 17 (App. Div. 1975), in which the court held that an anti-noise ordinance that regulates loud unnecessary noises that unreasonably annoy, disturb, injure, endanger and are audible may utilize general language to notify the public of the conduct that is proscribed. An anti-noise ordinance does not violate the due process clause of the Fourteenth Amendment as applied if, in balancing the reasonableness of the conduct against the rights of citizens to be free from the nuisance of excessive noise, the noise is found to be objectively unreasonable.
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3. Aggravated Assault upgrade not applicable to private school teachers State v Cannarella ___ NJ Super. ___ 868 A 2d. 1141 (App. Div., A-2226-03T4 decided March 4, 2005).
N.J.S.A. 2C:12-1b(5)(d), which elevates simple assault, to aggravated assault is inapplicable to private school employees.
4. In Domestic-violence, no Miranda required prior to questioning. State v Smith 374 NJ Super. 425 (App. Div. 2005).
A police officer responding to a domestic-violence call may question those present with out giving Miranda warnings, so long as the inquiries are reasonably related to confirming or dispelling suspicion and those questioned are not restrained to a degree associated with formal arrest. While police action subsequent to entry of the residence is likely to involve some restraint of the occupants' freedom of action, for purposes of Miranda warnings the situation is analogous to a field investigation or traffic stop, and the same standards apply. Neither the officer's statutory obligation to arrest nor the fact that the investigation takes place in a residence warrant a special rule requiring Miranda warnings absent the functional equivalent of an arrest.
5. Malicious prosecution can include filing of criminal complaint. Epperson v Wal-Mart Stores 373 NJ Super. 522 (App. Div. 2004).
In this malicious prosecution case, (1) the jury could infer that the defendant employer had "instituted" criminal proceedings, (2) malice could be inferred from the circumstances, and (3) the plaintiff could pursue her claim for wages lost as long as a result of her termination by the defendant, even though she was an at-will employee. Source 14 NJL 101
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6. Do You Have All Necessary Estate Planning Documents?
Estate planning is something we all must do. To properly plan your estate several tools should be considered, including Wills, Powers of Attorney and Living Wills. Having the right documents Will make sure your property is distributed the way you want after you die and that more is left to your family. It Will also help make sure your business and medical affairs are handled properly in the event you are ever incapacitated.
Call us for an estate planning consultation. We Will advise you of the tools that Will achieve your estate planning goals.
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7. Photos added to njlaws.com website:
Olympic Champion Carl Lewis with NJ State Champion Raritan Valley Road Runners Club Masters team member Ken Vercammen.
http://www.njlaws.com/Ken_Vercammen_and_Carl_Lewis.htm
What's New In Municipal Court:
A Municipal Court Symposium at the NJSBA Convention in Atlantic City
http://www.njlaws.com/what'snew.htm
North Brunswick Memorial Day 5K - RUN May 30, 2005
http://www.njlaws.com/NorthBrunswickMemorialDay5K.htm
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8- Metuchen Annual Country Fair- booth space available
Sat. Oct. 1 10-4 is the Metuchen Annual Country Fair Main Street will be closed and over 100 professionals, community groups and churches will have booths and food. We are seeking another Professional or business to partner with our law office on a booth. This year's theme is football. If interested, call Ken V.
9. New article on website
Domestic Partners in New Jersey- Rights and Obligations
Procedural Requirements & Eligibility under N.J.S.A. 26:8A-1
http://www.njlaws.com/domestic_partners.htm
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2005. 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.
