NJ Laws Email Newsletter E252
August 2, 2007
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In This Issue
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1. What to do when you receive a power of attorney.
2. Police officer can testify on speed limit on street.
3. If warrant defective, all other evidence suppressed.
4. Suppression reversed where inconsistent stories by driver and passenger.
5. ABA Annual Meeting and Voting for House of Delegates in San Francisco.
6. Law Audiotapes Available.
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1. What to do When You Receive a Power of Attorney
A Power of Attorney is an appointment of another person as one's agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title "attorney-in-fact" to the agent who is given a Power of Attorney.
As attorney-in-fact, you have all of the powers which are set out in the attached Power of Attorney. If you ever have any questions regarding the powers under this Power of Attorney, please examine that document first.
Whenever you exercise any one or more of your powers under this Power of Attorney by signing a document, you should always sign your name as follows: " [your name] , as attorney-in-fact for [name of other person] " Naturally, you need not use the quotation marks.
As the attorney-in-fact, you do not become the owner of their property. The Power of Attorney merely grants to you as their attorney-in-fact the powers enumerated in the Power of Attorney, however, those powers may include the power to deal with the property of the principal. Because you have been entrusted with these powers by your principal, you must take great care to exercise those powers for the benefit of your principal only and not for your own benefit.
If anyone ever questions you when you exercise your powers under the Power of Attorney, please be sure to show such person a copy of your Power of Attorney. I do not recommend that you not give them the original signed Power of Attorney, however, you may give them a photo-copy of it. If you record the Power of Attorney, you may, of course, secure certified copies of it from the County Clerk.
2. Police officer can testify on speed limit on street. State v. Morgan 393 N.J. Super. 411 (App. Div. 2007)
The court considered whether the uncontroverted testimony of a law enforcement officer as to the lawful speed limit in an area is sufficient evidence upon which defendant may be found guilty of "speeding" in violation of N.J.S.A. 39:4-98. The court concluded that such testimony, if admissible and believed by the judge, is sufficient proof of the lawful speed and, thus, reaffirmed its holding in State v. Craig, 150 N.J. Super. 513 (App. Div. 1977). The court concluded the State need not introduce an enacted ordinance or regulation in order to prove the lawful speed and, thus disapprove the holding in State v. Miller, 59 N.J. Super. 538 (Law Div. 1959).
3. If warrant defective, all other evidence suppressed.State v. Dispoto 189 N.J. 108 (2007)
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.
The 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. Suppression reversed where inconsistent stories by driver and passenger. State v. Baum 393 N.J. Super. 275 (App. Div. 2007)
In this appeal, the court reversed the trial court's suppression of marijuana and cocaine seize in the course of a traffic stop for driving a vehicle with dark tinted windows and without an inspection sticker. The court approved the twenty-six minute roadside investigation that was expanded beyond the initial reason for the stop when the nervous driver failed to produce a license or insurance card and did not know who owned the car. In addition, the driver and passenger told inconsistent stories regarding whether they had traveled to New York by bus or in the car in which they had been stopped.
5. ABA Annual Meeting and Voting for House of Delegates is at San Francisco, Moscone Center West in Exhibit Hall, 1st Floor. Kenneth Vercammen is a Candidate.
Registration hours will be:
Thursday, August 9 8:00 a.m. to 6:00 p.m.
Friday, August 10 8:00 a.m. to 6:00 p.m.
Saturday, August 11 8:00 a.m. to 6:00 p.m.
Sunday, August 12 8:00 a.m. to 6:00 p.m.
Monday, August 13 8:00 a.m. to 5:00 p.m.
Tuesday, August 14 8:00 a.m. to 5:00 p.m.
Kenneth Vercammen is one of the candidates for the ABA House of Delegates. Six Delegates-at-Large are elected at each Annual Meeting to serve a three-year term in the House of Delegates. Any member of the Association is eligible to be a Delegate-at-Large, although of the six elected each year, no two may be accredited to the same state, territory or possession.
All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. Voting will commence on Thursday, August 9, and continue until 10:00 a.m. on Tuesday, August 14, adjacent to the ABA Registration Desk at The Moscone Center, West Hall, Level One.
Each year over 10,000 members and their families attend the ABA Annual Meeting for six days of programs, meetings, sightseeing, social events and meetings of the ABA's governing and policy-making bodies-the Board of Governors and House of Delegates.
The Sam Smith Award
will be awarded to Jay Foonberg, author of, How to Start and Build a Law Practice at the LPM Section Gathering on Friday, August 9 at the ABA Annual Meeting.
The LPM Section Gathering Reception will be held from 6:00 p.m. - 7:30 p.m. at The City Club of San Francisco, 155 Sansome, Bechtel Room, 10th Floor.
The Sam Smith Award, the highest honor bestowed by the ABA Law Practice Management Section, was established in 1999 on the occasion of the Section's 25th Anniversary. The award recognizes an individual who has demonstrated outstanding lifetime achievement in the field of law practice management.
The reception is free.
6. Law Audiotapes Available
We have numerous audiotapes on legal seminars Kenneth Vercammen either attended or served as a speaker. If you want to listen to any of these tapes, call the law office and make an appointment to pick them up.
CRIMINAL
Handling a Criminal Case
2006 Criminal Law Institute
Leading New Jersey Supreme Court Criminal Case: Update 2006
Technical Aspects of Handling DWI cases
PROBATE/ESTATE
Guide to Surrogate Court & Probate Proceedings
Estate Administration Basics
Estate Planning without Tax Considerations
Estate & Trust Litigation
Estate Planning for Special Situations
NJ Guardianship Practice
Guardianship Basics
Building a "Successful" Elder Law/ Estate Planning Practice
Advocacy For Seniors
Elder Law after OBRA: Revisited & Reevaluated
Building Profitable Trusts & Estates Elder Law Practice MEDICAID
Planning after Medicaid Reform
The Final Medicaid Regulations
Practical Medicaid Planning
CIVIL/PERSONAL INJURY
Defending Damages in Personal Injury Cases
Hot Tips in Torts
100 Days to Trial
Representing the Gay & Lesbian Client: Update 2001
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
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Edison, NJ 08817
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website: www.njlaws.com
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