NJ Laws Email Newsletter E262
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
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1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
Thank you for reading our newsletter! God Bless America USA #1
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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/
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"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
