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
_________________________
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.
_________________________
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.
_________________________
1. Upcoming events
June 11
ICLE Mun Ct - Handling Cases in the Busiest Courts MayFair Farm, West Orange. Call (732) 249-5100
_________________________
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.
_________________________
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
_________________________
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
_________________________
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 E245 May 18, 2007
In this issue:
1. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O'Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O'Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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 E243 April 25, 2007
Kenneth Vercammen's NJ Laws email newsletter E243
April 25, 2007
In this issue:
1. Real Estate Sales
2. Yearly Insurance Review
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion."
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level
1. Real Estate Sales
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period. Mr. Vercammen is now also a licensed real estate agent, is affiliated with Century 21, John Anthony Agency on 1815 Oak Tree Rd., Edison, NJ. Century 21 is one of the largest real estate agencies in the country. http://www.century21johnanthony.com/
If you will be selling a house, please give Kenneth Vercammen a call. Do not pay a 6% commission, but also don't rely on a 2% agency that merely lists your home on the internet, then expects you to do all the work.
SELLERS INFORMATION SHEET
The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.
The Contract of Sale
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As is", make sure they are added to the Contract before signing.
The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Read and Understand the Contract Before Signing your Contract of Sale
Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:
1. read the entire contract
2. written down your questions and posed them to your realtor
3. made sure all your requested clauses are included, such as the house being sold "as is"
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
FEE AGREEMENT BY THE SELLER'S ATTORNEY
The seller's attorney should provide the seller with a written Fee Agreement in accordance with the requirements of the Rules of Professional Conduct. Please do not be put off by the formality of this letter as it is for your protection as a consumer of legal services.
Legal fees for sales vary. We still charge a flat rate of $800 plus any costs for a simple real estate house sale where the realtor prepares the contract.
We anticipate the following will be performed by your attorney in a real estate sale:
1. Review and analyze the contract of sale during attorney review after both buyer and seller sign the contract.
2. Recommend revisions to contract if needed. However, the seller should never sign the contract if it is missing clauses or language needed by the seller.
3. Initial Office consultation if requested with client after contract is signed by both buyer and seller;
4. Request from the Seller back title, including a photocopy of the Deed, survey, title policy and mortgage payoff statement.
5. Preparation of fax letter of representation to buyer's attorney
6. Opening of file
7. Prepare Representation statement to client with request for Seller's Information Sheet
8. Review old Deed, survey
9. Forward Deed, survey, title policy to the purchaser's attorney, thus expediting the search and survey process.
10. Three (3) free calls with client
11. Three (3) telephone calls with buyers attorney and other individuals
12. Three (3) correspondence to and from buyers attorney and clients
13. Review home inspection report
14. Review other documents supplied by client and buyer's attorney;
15. Work with the purchaser's attorney in resolving possession and closing date.
16. Remind the seller to contact their mortgage company and equity loan to obtain a written payoff/ balance due on their mortgage.
17. Review Title Binder and Judgment Searches, if applicable
18. Review RESPA pre-closing, if applicable
19. Preparation of Deed, fax to buyer's attorney
20. Preparation of Affidavit of Title, fax to buyer's attorney
21. Cooperate with the purchaser's attorney in preparing the final closing statement.
22. Review the Respa, which is the Federal Real Estate Settlement Procedure Statement/ Amounts paid and to be received
23. Represent you at the closing.
24. Attend closing, execute Deed, execute Affidavit of Title
25. Assist in Preparation of 1099 tax form
26. Offer sound legal advice to client;
27. Preparation of End of Case Letter and client questionnaire.
28. Make available to client in office upon request free client case folder, Real Estate brochure, Website brochure, and other information brochures on Wills and Power of Attorney;
29. Free Brochures provided on other legal topics such as Car Insurance Rights, Worker's Comp,
30. Free subscription to monthly e-mail newsletter. Provide your email address.
31. 3 free telephone calls during the 2 years after the closing on Probate, Wills and non real estate matters.
32. Invitation to client community events.
33. Free Magnet, Keychain, Pen upon request in the office
Costs are items such as filing and recording fees, Certified or Express postage and other out of pocket expenses.
This fee does not include costs or legal fees if there are judgments against the property, probate issues, defects in title or other work requested to be performed. If this closing does not take place, you will only be responsible for the legal fees and costs incurred.
Work with your Realtor
Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection. Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.
The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.
Closing date is approximate
You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.
If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.
SELLERS INFORMATION SHEET- To be filled out by seller and returned to seller's attorney
KENNETH VERCAMMEN & ASSOCIATES, PC
1. SELLERS NAME: (as it appears on deed)
___________________________________________________________
2. Real Estate being Sold: Lot No. _________ Block No. __________
Address: __________________________________________
3. Present Mortgage Company: _____________________________
Address: ___________________________________________
Loan No. ___________________ 800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: _____________________________
Address: __________________________________________
Loan No. __________________ 800 Telephone No. ____________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good enough)
5. Social Security Number: (H) ________________ (W) ___________
6. Is any Seller age 62 or over? If so, name and date of birth: _________
7. Name, Address, Telephone number of Condominium Association, if any
_______________________________________________________
8. Type of Fuel: Gas ___________________ Oil _______________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale: _____________________________
2. Yearly Insurance Review
By Ray Pavese & Mike McCormick
Every year you should review your insurance policies to make sure you still have a policy that
meets your needs, as well as the needs of your family members and
loved ones.
One of the policies that most often gets overlooked is the life
insurance policy. Since this is often a long-term policy, most
insured individuals assume they are stuck with the same policy,
no matter what. Usually this is not the case, although it will
depend on your policy and company as to whether you receive
penalties when changing your insurance.
Even if penalties occur, changing your life insurance policy may
be essential to keeping up with your family's financial needs for
the future.
If you don't review your life insurance policy every year, you
should at least review your policy under these circumstances:
* Marriage/Divorce - Needs change depending on your marital
status. Keep this in mind as things change in your life. Even if
you don't want to change the value of your policy, you probably
want to change the beneficiary.
* Children - If you ask the majority of life insurance agents,
the major reason for changing a life insurance policy is because
of children. This is because many adults never believe they will
need extra money after death until they realize that they will
have someone preceding them in death. Children will need money
for basic food and shelter until they are 18 and possibly for a
future college fund as well. Keep that in mind, and tell others
you know that may be affected.
* An Illness - Although waiting to change your insurance policy
until you have a long-term illness will mean paying higher
premiums, it is best to at least review your policy limitations
and make necessary changes if you find out you have a potentially
life threatening illness.
If you have questions regarding a change you would like to make
on your life insurance policy, feel free to contact me anytime.
Sincerely,
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
______________________________
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion." State v. Lord Appellate Division, A-3228-05T2, October 5, 2006, not approved for publication.
Law Division order granting the defendant’s motion to suppress evidence of the results of his sobriety tests affirmed; the police officer observed the defendant’s car cross both the shoulder and center lines, and he then activated his video recorder and followed the defendant’s car for about two and a half minutes; the officer testified that, during that time, the defendant came to a full stop several times, properly used his signals when executing turns, did not speed, and properly stopped his car when the officer signaled; there was no question that the initial motor vehicle violation allowed the officer to stop the defendant; however, the Law Division properly concluded that the reasons that the officer gave for ordering sobriety tests did not give rise to a “reasonable suspicion” that the defendant had been driving while intoxicated; although the defendant had been observed violating the motor vehicle laws, his behavior did not demonstrate any further violation, and he did not exhibit any physical impairment. Source: Facts-on-Call Order No. 20296
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level. State v. Pearson Appellate Division, A-1344-05T2, September 22, 2006, not approved for publication.
Conviction following a trial de novo of driving while intoxicated affirmed; the defendant registered blood-alcohol-content levels of 0.08 and 0.09 on two Breathalyzer tests; the defendant asserted that the State had not established that the Breathalyzer was in proper working order because it was calibrated for accuracy at a 0.10 blood-alcohol-content level rather than a 0.08 level; the State Police protocols were not changed when N.J.S.A. 39:4-50 was amended to reduce the blood-alcohol-content level needed to establish a per se violation from 0.10 to 0.08, and the protocols require periodic testing with a simulator solution to establish accuracy at the 0.10 level; there was no merit to the defendant’s argument in light of the well-established principle that a Breathalyzer that is tested pursuant to the protocols and satisfies them is in proper working order and thus satisfies the State’s burden of proving that the results from the Breathalyzer, if correctly operated by a qualified operator, are reliable. Source: Facts-on-Call Order No. 20227
_____________________________
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
April 25, 2007
In this issue:
1. Real Estate Sales
2. Yearly Insurance Review
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion."
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level
1. Real Estate Sales
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period. Mr. Vercammen is now also a licensed real estate agent, is affiliated with Century 21, John Anthony Agency on 1815 Oak Tree Rd., Edison, NJ. Century 21 is one of the largest real estate agencies in the country. http://www.century21johnanthony.com/
If you will be selling a house, please give Kenneth Vercammen a call. Do not pay a 6% commission, but also don't rely on a 2% agency that merely lists your home on the internet, then expects you to do all the work.
SELLERS INFORMATION SHEET
The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.
The Contract of Sale
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As is", make sure they are added to the Contract before signing.
The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Read and Understand the Contract Before Signing your Contract of Sale
Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:
1. read the entire contract
2. written down your questions and posed them to your realtor
3. made sure all your requested clauses are included, such as the house being sold "as is"
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
FEE AGREEMENT BY THE SELLER'S ATTORNEY
The seller's attorney should provide the seller with a written Fee Agreement in accordance with the requirements of the Rules of Professional Conduct. Please do not be put off by the formality of this letter as it is for your protection as a consumer of legal services.
Legal fees for sales vary. We still charge a flat rate of $800 plus any costs for a simple real estate house sale where the realtor prepares the contract.
We anticipate the following will be performed by your attorney in a real estate sale:
1. Review and analyze the contract of sale during attorney review after both buyer and seller sign the contract.
2. Recommend revisions to contract if needed. However, the seller should never sign the contract if it is missing clauses or language needed by the seller.
3. Initial Office consultation if requested with client after contract is signed by both buyer and seller;
4. Request from the Seller back title, including a photocopy of the Deed, survey, title policy and mortgage payoff statement.
5. Preparation of fax letter of representation to buyer's attorney
6. Opening of file
7. Prepare Representation statement to client with request for Seller's Information Sheet
8. Review old Deed, survey
9. Forward Deed, survey, title policy to the purchaser's attorney, thus expediting the search and survey process.
10. Three (3) free calls with client
11. Three (3) telephone calls with buyers attorney and other individuals
12. Three (3) correspondence to and from buyers attorney and clients
13. Review home inspection report
14. Review other documents supplied by client and buyer's attorney;
15. Work with the purchaser's attorney in resolving possession and closing date.
16. Remind the seller to contact their mortgage company and equity loan to obtain a written payoff/ balance due on their mortgage.
17. Review Title Binder and Judgment Searches, if applicable
18. Review RESPA pre-closing, if applicable
19. Preparation of Deed, fax to buyer's attorney
20. Preparation of Affidavit of Title, fax to buyer's attorney
21. Cooperate with the purchaser's attorney in preparing the final closing statement.
22. Review the Respa, which is the Federal Real Estate Settlement Procedure Statement/ Amounts paid and to be received
23. Represent you at the closing.
24. Attend closing, execute Deed, execute Affidavit of Title
25. Assist in Preparation of 1099 tax form
26. Offer sound legal advice to client;
27. Preparation of End of Case Letter and client questionnaire.
28. Make available to client in office upon request free client case folder, Real Estate brochure, Website brochure, and other information brochures on Wills and Power of Attorney;
29. Free Brochures provided on other legal topics such as Car Insurance Rights, Worker's Comp,
30. Free subscription to monthly e-mail newsletter. Provide your email address.
31. 3 free telephone calls during the 2 years after the closing on Probate, Wills and non real estate matters.
32. Invitation to client community events.
33. Free Magnet, Keychain, Pen upon request in the office
Costs are items such as filing and recording fees, Certified or Express postage and other out of pocket expenses.
This fee does not include costs or legal fees if there are judgments against the property, probate issues, defects in title or other work requested to be performed. If this closing does not take place, you will only be responsible for the legal fees and costs incurred.
Work with your Realtor
Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection. Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.
The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.
Closing date is approximate
You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.
If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.
SELLERS INFORMATION SHEET- To be filled out by seller and returned to seller's attorney
KENNETH VERCAMMEN & ASSOCIATES, PC
1. SELLERS NAME: (as it appears on deed)
___________________________________________________________
2. Real Estate being Sold: Lot No. _________ Block No. __________
Address: __________________________________________
3. Present Mortgage Company: _____________________________
Address: ___________________________________________
Loan No. ___________________ 800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: _____________________________
Address: __________________________________________
Loan No. __________________ 800 Telephone No. ____________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good enough)
5. Social Security Number: (H) ________________ (W) ___________
6. Is any Seller age 62 or over? If so, name and date of birth: _________
7. Name, Address, Telephone number of Condominium Association, if any
_______________________________________________________
8. Type of Fuel: Gas ___________________ Oil _______________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale: _____________________________
2. Yearly Insurance Review
By Ray Pavese & Mike McCormick
Every year you should review your insurance policies to make sure you still have a policy that
meets your needs, as well as the needs of your family members and
loved ones.
One of the policies that most often gets overlooked is the life
insurance policy. Since this is often a long-term policy, most
insured individuals assume they are stuck with the same policy,
no matter what. Usually this is not the case, although it will
depend on your policy and company as to whether you receive
penalties when changing your insurance.
Even if penalties occur, changing your life insurance policy may
be essential to keeping up with your family's financial needs for
the future.
If you don't review your life insurance policy every year, you
should at least review your policy under these circumstances:
* Marriage/Divorce - Needs change depending on your marital
status. Keep this in mind as things change in your life. Even if
you don't want to change the value of your policy, you probably
want to change the beneficiary.
* Children - If you ask the majority of life insurance agents,
the major reason for changing a life insurance policy is because
of children. This is because many adults never believe they will
need extra money after death until they realize that they will
have someone preceding them in death. Children will need money
for basic food and shelter until they are 18 and possibly for a
future college fund as well. Keep that in mind, and tell others
you know that may be affected.
* An Illness - Although waiting to change your insurance policy
until you have a long-term illness will mean paying higher
premiums, it is best to at least review your policy limitations
and make necessary changes if you find out you have a potentially
life threatening illness.
If you have questions regarding a change you would like to make
on your life insurance policy, feel free to contact me anytime.
Sincerely,
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
______________________________
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion." State v. Lord Appellate Division, A-3228-05T2, October 5, 2006, not approved for publication.
Law Division order granting the defendant’s motion to suppress evidence of the results of his sobriety tests affirmed; the police officer observed the defendant’s car cross both the shoulder and center lines, and he then activated his video recorder and followed the defendant’s car for about two and a half minutes; the officer testified that, during that time, the defendant came to a full stop several times, properly used his signals when executing turns, did not speed, and properly stopped his car when the officer signaled; there was no question that the initial motor vehicle violation allowed the officer to stop the defendant; however, the Law Division properly concluded that the reasons that the officer gave for ordering sobriety tests did not give rise to a “reasonable suspicion” that the defendant had been driving while intoxicated; although the defendant had been observed violating the motor vehicle laws, his behavior did not demonstrate any further violation, and he did not exhibit any physical impairment. Source: Facts-on-Call Order No. 20296
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level. State v. Pearson Appellate Division, A-1344-05T2, September 22, 2006, not approved for publication.
Conviction following a trial de novo of driving while intoxicated affirmed; the defendant registered blood-alcohol-content levels of 0.08 and 0.09 on two Breathalyzer tests; the defendant asserted that the State had not established that the Breathalyzer was in proper working order because it was calibrated for accuracy at a 0.10 blood-alcohol-content level rather than a 0.08 level; the State Police protocols were not changed when N.J.S.A. 39:4-50 was amended to reduce the blood-alcohol-content level needed to establish a per se violation from 0.10 to 0.08, and the protocols require periodic testing with a simulator solution to establish accuracy at the 0.10 level; there was no merit to the defendant’s argument in light of the well-established principle that a Breathalyzer that is tested pursuant to the protocols and satisfies them is in proper working order and thus satisfies the State’s burden of proving that the results from the Breathalyzer, if correctly operated by a qualified operator, are reliable. Source: Facts-on-Call Order No. 20227
_____________________________
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 E241 April 12, 2007
Kenneth Vercammen's NJ Laws email newsletter E241
April 12, 2007
In this issue:
1 Nurse may be required to testify in DWI
2. Customer not guilty of shoplifting if billing dispute
3. Eden 5k Running Race April 15, 2007
4. NUTS & BOLTS OF ELDER LAW Monday, April 23, 2007
1 Nurse may be required to testify in DWI
State of New Jersey v. Robert C. Renshaw A-0712-05T1 02-09-07
The Court that the admission in evidence of the Uniform Certification for Bodily Specimens Taken in a Medically Acceptable Manner, pursuant to N.J.S.A. 2A: 62A-11, without the opportunity for cross-examination of the nurse who drew the blood, and over the objection of defendant, runs afoul of the right of confrontation protected both by the United States and the New Jersey Constitutions.
2. Customer not guilty of shoplifting if billing dispute
State of New Jersey v. Adam Goodmann A-1447-05T1
02-02-07
The court held that a customer who, following a billing dispute with Walgreens regarding the cost of photo processing, takes the finished photographs without paying for them, but gives his name and address to the store manager, cannot be found guilty of shoplifting. Photo processing constitutes a service, and therefore, Walgreens was not acting as a "merchant" when it contracted to develop the customer's film. Further, the photographs that Walgreens produced were not "merchandise," because they lacked value to anyone other the customer and were not salable.
The court also held that a customer, engaged in a billing dispute, who left contact information so that the dispute could be settled, cannot be found to have "purposely" taken possession of the "merchandise" with the intention of converting the same to his own use without "paying to the merchant the full retail value thereof."
3. Eden 5k Running Race April 15, 2007
Sunday (rain or shine)
5K: 9:00 AM Start
USATF-NJ Grand Prix Event (500 points)
Princeton Forrestal Village
Rt. 1 & College Rd W,
100 College Rd E
Princeton, NJ 08540-6613
* Food and refreshments
* Awards to 5K age-category and group team winners: 1st, 2nd and 3rd place
JOIN THE CHAMPION RVRR/KEN VERCAMMEN TEAM!
New runners and slower runners invited. Maximum number of runners per team- 21. when
* Relatively flat course
* T-Shirts (while they last)
* Water stops
* Group teams comprised of at least 4 participants welcome *
* Walkers and families welcome!
* Baldasari and Leestma timers
* USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event (500 points)
RACE HOTLINE: 609.631.9211 or fennelly@fennelly.com (Jerry Fennelly)
http://www.raceforum.com/04/eden.pdf
Photo of Ken Vercammen/ RVRR Championship team
4. NUTS & BOLTS OF ELDER LAW Monday, April 23, 2007
Ideal for attorneys, accountants, financial planners and other professionals
A basic introduction to elder law, from wills, powers of attorney and living trusts, to tax considerations, estate administration, and long-term care insurance - featuring sample forms, documents, and checklists!
Presented in cooperation with the NJSBA Elder & Disability Law Section
and NJSBA Young Lawyers Section
Ideal for attorneys, accountants, financial planners and other professionals
Monday, April 23, 2007
5:30 PM to 9:30 PM
Hilton Garden Inn, Edison / S578i-13166
http://www.njicle.com/seminar.aspx?sid=234
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in todayÕs society.
This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. YouÕll also gain insight on how Federal Medicaid Reform will impact your practice. Register today!
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
¥ Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms
¥ Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
¥ Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
¥ Basic Tax Considerations
Jointly-held property; ÒI love youÓ Will; no Will at all; insurance owned by client; unlimited marital
deduction; estate planning in the testamentary document; sample forms/letters
¥ Estate Administration
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
¥ Medicaid Planning in Light of Federal Medicaid Reform
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
¥ Fair Hearing
¥ Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
¥ Guardianship
Sponsored by New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
, Rutgers - The State University of New Jersey,
Seton Hall University
One Constitution Square, New Brunswick, New Jersey 08901-1520
For costs and registration information, call
Phone: (732)214-8500
Fax: (732)249-0383 ¥ CustomerService@njicle.com ¥
_____________________________
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
Registration info or to purchase book & audiotape
------------------------------------------------------------------------
Kenneth Vercammen
2053 Woodbridge Ave.
2053 Woodbridge Ave.
Edison,NJ08817
Phone: 732-572-0500
Fax: 732-572-0500
Web site: http://www.njlaws.com/
E-mail: kenvnjlaws@verizon.net
April 12, 2007
In this issue:
1 Nurse may be required to testify in DWI
2. Customer not guilty of shoplifting if billing dispute
3. Eden 5k Running Race April 15, 2007
4. NUTS & BOLTS OF ELDER LAW Monday, April 23, 2007
1 Nurse may be required to testify in DWI
State of New Jersey v. Robert C. Renshaw A-0712-05T1 02-09-07
The Court that the admission in evidence of the Uniform Certification for Bodily Specimens Taken in a Medically Acceptable Manner, pursuant to N.J.S.A. 2A: 62A-11, without the opportunity for cross-examination of the nurse who drew the blood, and over the objection of defendant, runs afoul of the right of confrontation protected both by the United States and the New Jersey Constitutions.
2. Customer not guilty of shoplifting if billing dispute
State of New Jersey v. Adam Goodmann A-1447-05T1
02-02-07
The court held that a customer who, following a billing dispute with Walgreens regarding the cost of photo processing, takes the finished photographs without paying for them, but gives his name and address to the store manager, cannot be found guilty of shoplifting. Photo processing constitutes a service, and therefore, Walgreens was not acting as a "merchant" when it contracted to develop the customer's film. Further, the photographs that Walgreens produced were not "merchandise," because they lacked value to anyone other the customer and were not salable.
The court also held that a customer, engaged in a billing dispute, who left contact information so that the dispute could be settled, cannot be found to have "purposely" taken possession of the "merchandise" with the intention of converting the same to his own use without "paying to the merchant the full retail value thereof."
3. Eden 5k Running Race April 15, 2007
Sunday (rain or shine)
5K: 9:00 AM Start
USATF-NJ Grand Prix Event (500 points)
Princeton Forrestal Village
Rt. 1 & College Rd W,
100 College Rd E
Princeton, NJ 08540-6613
* Food and refreshments
* Awards to 5K age-category and group team winners: 1st, 2nd and 3rd place
JOIN THE CHAMPION RVRR/KEN VERCAMMEN TEAM!
New runners and slower runners invited. Maximum number of runners per team- 21. when
* Relatively flat course
* T-Shirts (while they last)
* Water stops
* Group teams comprised of at least 4 participants welcome *
* Walkers and families welcome!
* Baldasari and Leestma timers
* USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event (500 points)
RACE HOTLINE: 609.631.9211 or fennelly@fennelly.com (Jerry Fennelly)
http://www.raceforum.com/04/eden.pdf
Photo of Ken Vercammen/ RVRR Championship team
4. NUTS & BOLTS OF ELDER LAW Monday, April 23, 2007
Ideal for attorneys, accountants, financial planners and other professionals
A basic introduction to elder law, from wills, powers of attorney and living trusts, to tax considerations, estate administration, and long-term care insurance - featuring sample forms, documents, and checklists!
Presented in cooperation with the NJSBA Elder & Disability Law Section
and NJSBA Young Lawyers Section
Ideal for attorneys, accountants, financial planners and other professionals
Monday, April 23, 2007
5:30 PM to 9:30 PM
Hilton Garden Inn, Edison / S578i-13166
http://www.njicle.com/seminar.aspx?sid=234
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in todayÕs society.
This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. YouÕll also gain insight on how Federal Medicaid Reform will impact your practice. Register today!
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
¥ Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms
¥ Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
¥ Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
¥ Basic Tax Considerations
Jointly-held property; ÒI love youÓ Will; no Will at all; insurance owned by client; unlimited marital
deduction; estate planning in the testamentary document; sample forms/letters
¥ Estate Administration
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
¥ Medicaid Planning in Light of Federal Medicaid Reform
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
¥ Fair Hearing
¥ Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
¥ Guardianship
Sponsored by New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
, Rutgers - The State University of New Jersey,
Seton Hall University
One Constitution Square, New Brunswick, New Jersey 08901-1520
For costs and registration information, call
Phone: (732)214-8500
Fax: (732)249-0383 ¥ CustomerService@njicle.com ¥
_____________________________
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
Registration info or to purchase book & audiotape
------------------------------------------------------------------------
Kenneth Vercammen
2053 Woodbridge Ave.
2053 Woodbridge Ave.
Edison,NJ08817
Phone: 732-572-0500
Fax: 732-572-0500
Web site: http://www.njlaws.com/
E-mail: kenvnjlaws@verizon.net
NJ Laws Newsletter E245 May 18, 2007
In this issue:
1. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O’Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O’Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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 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
NJ Laws Newsletter E249 July 10, 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.
Quick Links
WWW.NJLAWS.COM
:: 732-572-0500
Greetings Ken Vercammen,
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.
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
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.
Quick Links
WWW.NJLAWS.COM
:: 732-572-0500
Greetings Ken Vercammen,
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.
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
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
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"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.
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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 E219 July 9, 2006
In this issue:
1 Undue Influence as Defense to Will or Power of Attorney
2 Right To Bail If Charged With A Criminal Offense
3. Recent cases: Strip Search Improper. State v Harris
4. new webpages: Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies
_____________________________________
1 Undue Influence as Defense to Will or Power of Attorney One of the major cases dealing with undue influence was Haynes v. First National State Bank of New Jersey, 87 N.J. 163, 75-76 (1981). Here the Supreme Court held that the burden of proof establishing undue influence shifts to the proponent when a will benefits a person who stood in a confidential relationship to the decedent and there are suspicious circumstances which need explanation. The suspicious circumstances need only be slight. Id. at 176. Moreover, when the evidence is almost entirely in the possession of one party and the evidence points to the proponent as asserting undue influence, a clear and convincing standard may be applied rather than the normal burden of proof of preponderance of the evidence. Id. at 183.
Furthermore, the Haynes analysis was extended to situations in which there is a transfer of property where the beneficiary of the property and an attorney is on one side and the donor on the other. See Oachs v. Stanton, 280 N.J. Super. 478, 483 (App. Div. 1995).
The court in Oachs determined that under circumstances such as these the donee bears the burden of proof to establish the validity of the gift, even in situations in which the donee did not dominate the decedent’s will. Id. at 485. This rule was established to protect a donor from making a decision induced by a confidential relationship the donee possesses with the donor. Id. Again, the burden is a clear and convincing standard. Id.
The Supreme Court in Pascale v. Pascale, 113 N.J. 20, 31 (1998), stated that when a donor makes a gift to a donee that he/she is dependent upon, a presumption arises that the donor did not understand the consequences of his/her act. In these situations the donee must demonstrate that the donor had disinterested and competent counsel. Id. Likewise, undue influence is conclusive, when a mentally or physically weakened donor makes a gift without advice or a means of support, to a donee upon whom he/she depends. Id.
A confidential relationship can be found to exist when one is certain that the parties dealt on unequal terms. In re Stroming’s Will, 12 N.J. Super. 217, 224 (1951). The appropriate inquiry is if a confidential relationship existed, did the parties deal on terms and conditions of equality? Blake v. Brennan, 1 N.J. Super. 446, 453 (1948).
Suspicious circumstances are not required to create a presumption of undue influence with regard to inter vivos gifts and the presumption of undue influence is more easily raised in an inter vivos transfer. See Pascale, supra, 113 N.J. at 31; Bronson v. Bronson, 218 N.J. Super. 389, 394 (App. Div. 1987).
Generally, an adult is presumed to be competent to make an inter vivos gift. See Conners v. Murphy, 100 N.J. Eq. 280, 282 (E. & A. 1926); Pascale v. Pascale, 113 N.J. 20, 29 (1988). However, when a party alleges undue influence with regard to an inter vivos gift, the contesting party must prove undue influence existed or that a presumption of undue influence should arise. Pascale, supra, 113 N.J. at 30.
A presumption of undue influence arises when a confidential relationship exists between the donor and donee or where the contestant proves the donee dominated the Will of the donor. Id.; see also Seylaz v. Bennett, 5 N.J. 168, 172 (1950); In re Dodge, 50 N.J. 192, 227 (1967); Mott v. Mott, 49 N.J. Eq. 192, 198 (Ch. 1891); Oachs v. Stanton, 280 N.J. Super. 478 (App. Div. 1995) (holding that where a confidential relationship existed and that the donor did not rely upon the donee, a shifting of the burden was still appropriate); In re Neuman’s Estate, 133 N.J. Eq. 532, 534-35 (E. & A. 1943) (stating in a will context “Such burden does not shift merely because of the existence of a confidential relationship, without more, as in the matter of gifts inter vivos.”)
The In re Dodge court explained why a presumption of undue influence arises in a confidential relationship and stated: “In the application of this rule it is not necessary that the donee occupy such a dominant position toward the donor as to create an inference that the donor was unable to assert his will in opposition to that of the donee.” In Re Dodge, 50 N.J. 192 (1967). The court referenced a much earlier case in explaining the rule’s application:
"Its purpose is not so much to afford protection to the donor against the consequences of undue influence exercised over him by the donee, as it is to afford him protection against the consequences voluntary action on his part induced by the existence of the relationship between them, the effect of which upon his own interests he may only partially understand or appreciate." In re Dodge, supra, 50 N.J. at 228 citing Slack v. Rees, 66 N.J. Eq. 447, 449 (E. & A. 1904).
In sum, once it is proven that a confidential relationship exists the burden shifts to the donee to show by clear and convincing evidence that no undue influence was used. Although the case law indicates suspicious circumstances need not be shown the donee must show all was fair, open and voluntary, no deception was practiced and that the transaction was well understood. Pascale, supra, 113 N.J. at 31; see also In re Dodge, supra, 50 N.J. at 227; Seylaz, supra, 5 N.J. at 173. Furthermore, confidential relationships arise in all types of relationships “whether legal, natural or conventional in their origin, in which confidence is naturally inspired, or, in fact, reasonably exists.” In re Fulper’s Estate, 99 N.J. Eq. 292, 314 (Prerog. Ct. 1926); see Pascale, supra, 113 N.J. at 34. It appears confidential relationships exist in all cases in which:
"The relations between the [contracting] parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from over-mastering influence; or on the other from weakness, dependence or trust justifiably reposed, unfair advantage is rendered probable." Pascale, supra, 113 N.J. at 34, quoting In re Fulper, supra, 99 N.J. Eq. at 314; see also In re Dodge, supra, 50 N.J. at 228.
In determining whether the Defendant was the dominant person in the relationship there is no clear cut rule and instead the court must look to the particular circumstances of the matter. In re Fulper, supra, 99 N.J. Eq. at 315; Giacobbi v. Anselmi, 18 N.J. Super. 600, 616 (Ch. Div. 1952). In Fulper the court determined that a confidential relationship existed in a father-son relationship in which the father was advanced in age, weak and physically depended upon the son. Moreover, since the father sought the son’s assistance on business matters, lived with the son during the winter months and gave the son joint and several power over his checking account an actual repose of trust and confidence in the son was demonstrated. In re Fulper, supra, 99 N.J. Eq. at 318.
In the Giacobbi case, supra, a confidential relationship was determined to exist between a mother and daughter, even though the mother did not suffer from mental or physical infirmity. There the mother was found to be alert, active, and somewhat independent. However, she turned to the daughter for small issues and problems when they occurred. Giacobbi, supra, 18 N.J. Super. at 617.
Therefore, the burden can shift to Defendant to prove by clear and convincing evidence the transaction was not unduly influenced. Furthermore, where a donor makes an “improvident” gift to the donee upon whom she depends that strips the donor of all or virtually all their assets, as here, a presumption arises that the donor did not understand the consequences of their act. Pascale, supra, 113 N.J. at 31, citing Vanderbach v. Vollinger, 1 N.J. 481, 489 (1949). Under those circumstances the donee must establish that the donor had the advice of competent and disinterested counsel. Id. citing Vanderback, supra, 1 N.J .at 488-89.
Similarly, when a mentally or physically weakened donor makes a gift to a donee whom the donor is dependent upon, without advice, and the gift leaves the donee without adequate means of support, a conclusive presumption of undue influence arises. Id. citing Seylaz, supra, 5 N.J. at 173. However, when a donor is not dependent upon the donee “independent advice is not a prerequisite to the validity of an improvident gift even though the relationship between the parties is one of trust and confidence.” Id. citing Seylaz, supra, 5 N.J. at 173.
More details at http://www.njlaws.com/Undue-Influence-of-Attorney.htm
___________________
2. Right To Bail If Charged With A Criminal Offense
As set forth in NJ Practice, Vol. 31, Criminal Practice and Procedure, (1997), Sec 292, the defendant has a right to bail before conviction except if he/she is charged with a crime punishable by death and the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed. 3 This means that absent exceptional circumstances the defendant has a right to pretrial liberty if the defendant provides surety in such amount as in the judgment of the court will insure the defendant's appearance at trial. 4 Stated in other terms, the right to bail means that in the absence of exceptional circumstances the defendant has the right to have the court set bail in an amount which does not exceed that which will insure defendant's appearance at trial, and if the defendant can "come up" with cash in that amount, or 10 percent of that amount if the defendant is eligible to be released on 10 percent cash bail, or a bond or other surety, then the defendant must be released.
BAIL PROCEDURES
Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge not later than the next day which is neither a Saturday, Sunday or legal holiday. A first motion for a reduction of bail shall be held by the Court no later than 7 days after it is filed.
More details at http://www.geocities.com/kenvnjlaw/bail_rightto.htm
__________________
3. Recent cases: Strip Search Improper. State v Harris 384 N.J. Super. 29 (App Div. 2006)
Police conduct up in the seizure of the baggies from defendant's mouth was lawful, but that the strip search at the police station was unreasonable and lacking in probable cause.
______________________
4. new webpages
Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies
In order to recover damages in most in a car Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories: 1. Death; 2. Dismemberment; 3. Significant disfigurement or significant scarring; 4. Displaced fracture; 5. Loss of a fetus; 6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
www.njlaws.com/disfigurement_or_permanent_injury_in_car_accident.htm
New webpage:
Court Rule 5:8. CUSTODY OF CHILDREN
http://www.njlaws.com/custody_of_children.htm
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
1 Undue Influence as Defense to Will or Power of Attorney
2 Right To Bail If Charged With A Criminal Offense
3. Recent cases: Strip Search Improper. State v Harris
4. new webpages: Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies
_____________________________________
1 Undue Influence as Defense to Will or Power of Attorney One of the major cases dealing with undue influence was Haynes v. First National State Bank of New Jersey, 87 N.J. 163, 75-76 (1981). Here the Supreme Court held that the burden of proof establishing undue influence shifts to the proponent when a will benefits a person who stood in a confidential relationship to the decedent and there are suspicious circumstances which need explanation. The suspicious circumstances need only be slight. Id. at 176. Moreover, when the evidence is almost entirely in the possession of one party and the evidence points to the proponent as asserting undue influence, a clear and convincing standard may be applied rather than the normal burden of proof of preponderance of the evidence. Id. at 183.
Furthermore, the Haynes analysis was extended to situations in which there is a transfer of property where the beneficiary of the property and an attorney is on one side and the donor on the other. See Oachs v. Stanton, 280 N.J. Super. 478, 483 (App. Div. 1995).
The court in Oachs determined that under circumstances such as these the donee bears the burden of proof to establish the validity of the gift, even in situations in which the donee did not dominate the decedent’s will. Id. at 485. This rule was established to protect a donor from making a decision induced by a confidential relationship the donee possesses with the donor. Id. Again, the burden is a clear and convincing standard. Id.
The Supreme Court in Pascale v. Pascale, 113 N.J. 20, 31 (1998), stated that when a donor makes a gift to a donee that he/she is dependent upon, a presumption arises that the donor did not understand the consequences of his/her act. In these situations the donee must demonstrate that the donor had disinterested and competent counsel. Id. Likewise, undue influence is conclusive, when a mentally or physically weakened donor makes a gift without advice or a means of support, to a donee upon whom he/she depends. Id.
A confidential relationship can be found to exist when one is certain that the parties dealt on unequal terms. In re Stroming’s Will, 12 N.J. Super. 217, 224 (1951). The appropriate inquiry is if a confidential relationship existed, did the parties deal on terms and conditions of equality? Blake v. Brennan, 1 N.J. Super. 446, 453 (1948).
Suspicious circumstances are not required to create a presumption of undue influence with regard to inter vivos gifts and the presumption of undue influence is more easily raised in an inter vivos transfer. See Pascale, supra, 113 N.J. at 31; Bronson v. Bronson, 218 N.J. Super. 389, 394 (App. Div. 1987).
Generally, an adult is presumed to be competent to make an inter vivos gift. See Conners v. Murphy, 100 N.J. Eq. 280, 282 (E. & A. 1926); Pascale v. Pascale, 113 N.J. 20, 29 (1988). However, when a party alleges undue influence with regard to an inter vivos gift, the contesting party must prove undue influence existed or that a presumption of undue influence should arise. Pascale, supra, 113 N.J. at 30.
A presumption of undue influence arises when a confidential relationship exists between the donor and donee or where the contestant proves the donee dominated the Will of the donor. Id.; see also Seylaz v. Bennett, 5 N.J. 168, 172 (1950); In re Dodge, 50 N.J. 192, 227 (1967); Mott v. Mott, 49 N.J. Eq. 192, 198 (Ch. 1891); Oachs v. Stanton, 280 N.J. Super. 478 (App. Div. 1995) (holding that where a confidential relationship existed and that the donor did not rely upon the donee, a shifting of the burden was still appropriate); In re Neuman’s Estate, 133 N.J. Eq. 532, 534-35 (E. & A. 1943) (stating in a will context “Such burden does not shift merely because of the existence of a confidential relationship, without more, as in the matter of gifts inter vivos.”)
The In re Dodge court explained why a presumption of undue influence arises in a confidential relationship and stated: “In the application of this rule it is not necessary that the donee occupy such a dominant position toward the donor as to create an inference that the donor was unable to assert his will in opposition to that of the donee.” In Re Dodge, 50 N.J. 192 (1967). The court referenced a much earlier case in explaining the rule’s application:
"Its purpose is not so much to afford protection to the donor against the consequences of undue influence exercised over him by the donee, as it is to afford him protection against the consequences voluntary action on his part induced by the existence of the relationship between them, the effect of which upon his own interests he may only partially understand or appreciate." In re Dodge, supra, 50 N.J. at 228 citing Slack v. Rees, 66 N.J. Eq. 447, 449 (E. & A. 1904).
In sum, once it is proven that a confidential relationship exists the burden shifts to the donee to show by clear and convincing evidence that no undue influence was used. Although the case law indicates suspicious circumstances need not be shown the donee must show all was fair, open and voluntary, no deception was practiced and that the transaction was well understood. Pascale, supra, 113 N.J. at 31; see also In re Dodge, supra, 50 N.J. at 227; Seylaz, supra, 5 N.J. at 173. Furthermore, confidential relationships arise in all types of relationships “whether legal, natural or conventional in their origin, in which confidence is naturally inspired, or, in fact, reasonably exists.” In re Fulper’s Estate, 99 N.J. Eq. 292, 314 (Prerog. Ct. 1926); see Pascale, supra, 113 N.J. at 34. It appears confidential relationships exist in all cases in which:
"The relations between the [contracting] parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from over-mastering influence; or on the other from weakness, dependence or trust justifiably reposed, unfair advantage is rendered probable." Pascale, supra, 113 N.J. at 34, quoting In re Fulper, supra, 99 N.J. Eq. at 314; see also In re Dodge, supra, 50 N.J. at 228.
In determining whether the Defendant was the dominant person in the relationship there is no clear cut rule and instead the court must look to the particular circumstances of the matter. In re Fulper, supra, 99 N.J. Eq. at 315; Giacobbi v. Anselmi, 18 N.J. Super. 600, 616 (Ch. Div. 1952). In Fulper the court determined that a confidential relationship existed in a father-son relationship in which the father was advanced in age, weak and physically depended upon the son. Moreover, since the father sought the son’s assistance on business matters, lived with the son during the winter months and gave the son joint and several power over his checking account an actual repose of trust and confidence in the son was demonstrated. In re Fulper, supra, 99 N.J. Eq. at 318.
In the Giacobbi case, supra, a confidential relationship was determined to exist between a mother and daughter, even though the mother did not suffer from mental or physical infirmity. There the mother was found to be alert, active, and somewhat independent. However, she turned to the daughter for small issues and problems when they occurred. Giacobbi, supra, 18 N.J. Super. at 617.
Therefore, the burden can shift to Defendant to prove by clear and convincing evidence the transaction was not unduly influenced. Furthermore, where a donor makes an “improvident” gift to the donee upon whom she depends that strips the donor of all or virtually all their assets, as here, a presumption arises that the donor did not understand the consequences of their act. Pascale, supra, 113 N.J. at 31, citing Vanderbach v. Vollinger, 1 N.J. 481, 489 (1949). Under those circumstances the donee must establish that the donor had the advice of competent and disinterested counsel. Id. citing Vanderback, supra, 1 N.J .at 488-89.
Similarly, when a mentally or physically weakened donor makes a gift to a donee whom the donor is dependent upon, without advice, and the gift leaves the donee without adequate means of support, a conclusive presumption of undue influence arises. Id. citing Seylaz, supra, 5 N.J. at 173. However, when a donor is not dependent upon the donee “independent advice is not a prerequisite to the validity of an improvident gift even though the relationship between the parties is one of trust and confidence.” Id. citing Seylaz, supra, 5 N.J. at 173.
More details at http://www.njlaws.com/Undue-Influence-of-Attorney.htm
___________________
2. Right To Bail If Charged With A Criminal Offense
As set forth in NJ Practice, Vol. 31, Criminal Practice and Procedure, (1997), Sec 292, the defendant has a right to bail before conviction except if he/she is charged with a crime punishable by death and the prosecutor presents proof that there is a likelihood of conviction and reasonable grounds to believe that the death penalty may be imposed. 3 This means that absent exceptional circumstances the defendant has a right to pretrial liberty if the defendant provides surety in such amount as in the judgment of the court will insure the defendant's appearance at trial. 4 Stated in other terms, the right to bail means that in the absence of exceptional circumstances the defendant has the right to have the court set bail in an amount which does not exceed that which will insure defendant's appearance at trial, and if the defendant can "come up" with cash in that amount, or 10 percent of that amount if the defendant is eligible to be released on 10 percent cash bail, or a bond or other surety, then the defendant must be released.
BAIL PROCEDURES
Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge not later than the next day which is neither a Saturday, Sunday or legal holiday. A first motion for a reduction of bail shall be held by the Court no later than 7 days after it is filed.
More details at http://www.geocities.com/kenvnjlaw/bail_rightto.htm
__________________
3. Recent cases: Strip Search Improper. State v Harris 384 N.J. Super. 29 (App Div. 2006)
Police conduct up in the seizure of the baggies from defendant's mouth was lawful, but that the strip search at the police station was unreasonable and lacking in probable cause.
______________________
4. new webpages
Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies
In order to recover damages in most in a car Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories: 1. Death; 2. Dismemberment; 3. Significant disfigurement or significant scarring; 4. Displaced fracture; 5. Loss of a fetus; 6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
www.njlaws.com/disfigurement_or_permanent_injury_in_car_accident.htm
New webpage:
Court Rule 5:8. CUSTODY OF CHILDREN
http://www.njlaws.com/custody_of_children.htm
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newletter E218 July 4, 2006
I hope you had an enjoyable 4th of July holiday. Many of our clients, Judges and Prosecutors see in the courtrooms year-round wearing my American Flag Ties. The runners at numerous charity races see my USA flag shorts. In the triathlon, my racing helmet is red , white and blue. On the 4th of July, we celebrate the USA. I remember 30 years ago celebrating the Bicentennial watching fireworks in Roosevelt Park in Edison. We continue to support our country. We purchased another supply of USA flag key chains. Stop in the office for a free USA flag key chain.
In this issue:
1- LANDMARK PERSONAL INJURY
MEDICAID CASE
2. recent cases: Domestic violence dismissed where no purpose to harass
3. new webpages
MEDICAID 2006 AND NURSING HOMES
4. Upcoming charity races - 7/8/2006 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ
_____________________________________
1- LANDMARK PERSONAL INJURY
MEDICAID CASE
By Thomas D. Begley, Jr., Esquire
On May 1, 2006, the United States Supreme Court decided a landmark case affecting the rights of injured parties.[1] Heidi Ahlborn was involved in an automobile accident. During the penance of her claim, Medicaid paid her medical bills in the amount of $215,645.30. There were significant issues as to liability and the case settled out of court for $550,000. Medicaid claimed the entire amount of its lien totaling $215,645.30.
The complaint was for past medical costs and other items, including pain and suffering, loss of earnings and working time, and permanent impairment of Heidi’s future earnings ability. The settlement did not allocate between categories of damages. However, as a part of the appeal process the parties stipulated that the settlement amounted to approximately one-sixth of the reasonable value of Ahlborn’s claim.
The Arkansas Medicaid Agency sought repayment in the amount of $215,645.30. Federal law[2] requires states to seek reimbursement for medical assistance to the extent of such legal liability of third parties. An applicant applying for Medicaid must, as a condition of eligibility, assign to the State rights to collect for payment of medical care from any third party. Any amount collected by the State under an assignment shall be retained by the state to reimburse it for Medicaid payments made on behalf of the recipient. The remainder of such amount collected shall be paid to the recipient.
The Supreme Court held that when the amount of the Medicaid lien exceeds the portion of the settlement representing medical costs, satisfaction of the State’s lien must be made on a pro rata basis. Medicaid may not require payment out of proceeds meant to compensate the recipient for damages distinct from medical costs, such as pain and suffering, lost wages, and loss of future earnings. The Court held that § 1396a(a)(25)(B)’s requirement that State’s “seek reimbursement for medical assistance to the extent of such legal liability” refers to the legal liability of third parties to pay for care and services available under the plan. Here, because the defendant accepted liability for one-sixth of Ahlborn’s overall damages, Medicaid is entitled to only one-sixth of its Medicaid claim.
In many cases attorneys were reluctant to take claims where the entire settlement would likely to be paid to Medicaid. Based on the Ahlborn ruling, plaintiffs now have more incentive to file claims to compensate them for their injuries.
The case makes clear that there must be an allocation between medical expenses and other causes of action, such as pain and suffering and loss of wages. While the Court did not say so, the allocation should be reasonable.
Thomas D. Begley, Jr. and Kenneth Vercammen spoke at a program for the Institute for Continuing Legal Education on May 11 on the subject of Medicaid Planning After the Deficit Reduction Act of 2005.
_____________________________
2. recent cases: Domestic violence dismissed where no purpose to harass.
Silva v. Ramos, Appellate Division, A-2950-04T1, November 17, 2005, not approved for publication.
Final domestic violence restraining order against the defendant based on harassment reversed; after the defendant did not arrive on a scheduled date to retrieve personal property from the plaintiff ex-girlfriend's garage, the plaintiff placed the property outside; when the defendant arrived the next day, he saw that his property had been damaged by snow, banged on the doors and windows of the plaintiff's house, called her "a chicken" and asked her repeatedly to come outside, left a voice mail message for her stating "you want f...ing war, you've got it," smashed some of his damaged property with a sledgehammer, and called the police; the defendant correctly argues that he had no purpose to harass, and his actions therefore did not qualify as harassment under N.J.S.A. 2C:33-4c.
CRIMINAL TRIALS
STATE v. WILLIAMS
Appellate Division, A-367-04T3, November 30, 2005, not approved for publication. Facts-on-Call Order No. 18895.
Convictions on six summonses for violating a municipal ordinance that regulates the hours of operation for businesses affirmed; in the Municipal Court, a municipal employee, who was an administrative officer and the principal planner, testified that the defendants barber shop had operated after the hours permitted in the ordinance and that the defendant also had violated the Zoning Boards resolution that set the hours of operation for barber shops; the Municipal Court found the employee credible, and the Law Division deferred to the Municipal Courts credibility findings; contrary to the defendants argument on appeal, the evidence was sufficient to support the verdict.
In M.J. v. G.D., an UNPUBLISHED decision in 2006, the Appellate Division reverses a Family Court finding of domestic violence based upon the trial judge's misunderstanding of the evidence needed to prove a charge of harassment under NJSA 2C:33-4. The Appellate Division ruled that although the defendant's words were likely to cause annoyance or alarm, there was no evidence to suggest that he had such a purpose. Since the "purposeful" element had not been proved by a preponderance of the evidence, no restraining order should have been entered.
______________________
3. new webpages
MEDICAID 2006 AND NURSING HOMES
http://www.geocities.com/kenvnjlaw/Medicaid2006NursingHomes.htm
Rule 1:7-1. Opening and Closing Statements in a Jury Trial
http://www.geocities.com/kenvnjlaw/OpeningandClosingStatement.htm
Undue Influence as Defense to Will or Power of Attorney
http://www.geocities.com/kenvnjlaw/UnderInfluence.htm
________________________
4. Upcoming charity races [more details at http://www.raceforum.com]
7/8/2006 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
Ken V needs a ride from the East Brunswick area to Belmar
July 11 Tuesday night Raritan Valley Road Runners RVRR cross-country 5k summer series
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
In this issue:
1- LANDMARK PERSONAL INJURY
MEDICAID CASE
2. recent cases: Domestic violence dismissed where no purpose to harass
3. new webpages
MEDICAID 2006 AND NURSING HOMES
4. Upcoming charity races - 7/8/2006 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ
_____________________________________
1- LANDMARK PERSONAL INJURY
MEDICAID CASE
By Thomas D. Begley, Jr., Esquire
On May 1, 2006, the United States Supreme Court decided a landmark case affecting the rights of injured parties.[1] Heidi Ahlborn was involved in an automobile accident. During the penance of her claim, Medicaid paid her medical bills in the amount of $215,645.30. There were significant issues as to liability and the case settled out of court for $550,000. Medicaid claimed the entire amount of its lien totaling $215,645.30.
The complaint was for past medical costs and other items, including pain and suffering, loss of earnings and working time, and permanent impairment of Heidi’s future earnings ability. The settlement did not allocate between categories of damages. However, as a part of the appeal process the parties stipulated that the settlement amounted to approximately one-sixth of the reasonable value of Ahlborn’s claim.
The Arkansas Medicaid Agency sought repayment in the amount of $215,645.30. Federal law[2] requires states to seek reimbursement for medical assistance to the extent of such legal liability of third parties. An applicant applying for Medicaid must, as a condition of eligibility, assign to the State rights to collect for payment of medical care from any third party. Any amount collected by the State under an assignment shall be retained by the state to reimburse it for Medicaid payments made on behalf of the recipient. The remainder of such amount collected shall be paid to the recipient.
The Supreme Court held that when the amount of the Medicaid lien exceeds the portion of the settlement representing medical costs, satisfaction of the State’s lien must be made on a pro rata basis. Medicaid may not require payment out of proceeds meant to compensate the recipient for damages distinct from medical costs, such as pain and suffering, lost wages, and loss of future earnings. The Court held that § 1396a(a)(25)(B)’s requirement that State’s “seek reimbursement for medical assistance to the extent of such legal liability” refers to the legal liability of third parties to pay for care and services available under the plan. Here, because the defendant accepted liability for one-sixth of Ahlborn’s overall damages, Medicaid is entitled to only one-sixth of its Medicaid claim.
In many cases attorneys were reluctant to take claims where the entire settlement would likely to be paid to Medicaid. Based on the Ahlborn ruling, plaintiffs now have more incentive to file claims to compensate them for their injuries.
The case makes clear that there must be an allocation between medical expenses and other causes of action, such as pain and suffering and loss of wages. While the Court did not say so, the allocation should be reasonable.
Thomas D. Begley, Jr. and Kenneth Vercammen spoke at a program for the Institute for Continuing Legal Education on May 11 on the subject of Medicaid Planning After the Deficit Reduction Act of 2005.
_____________________________
2. recent cases: Domestic violence dismissed where no purpose to harass.
Silva v. Ramos, Appellate Division, A-2950-04T1, November 17, 2005, not approved for publication.
Final domestic violence restraining order against the defendant based on harassment reversed; after the defendant did not arrive on a scheduled date to retrieve personal property from the plaintiff ex-girlfriend's garage, the plaintiff placed the property outside; when the defendant arrived the next day, he saw that his property had been damaged by snow, banged on the doors and windows of the plaintiff's house, called her "a chicken" and asked her repeatedly to come outside, left a voice mail message for her stating "you want f...ing war, you've got it," smashed some of his damaged property with a sledgehammer, and called the police; the defendant correctly argues that he had no purpose to harass, and his actions therefore did not qualify as harassment under N.J.S.A. 2C:33-4c.
CRIMINAL TRIALS
STATE v. WILLIAMS
Appellate Division, A-367-04T3, November 30, 2005, not approved for publication. Facts-on-Call Order No. 18895.
Convictions on six summonses for violating a municipal ordinance that regulates the hours of operation for businesses affirmed; in the Municipal Court, a municipal employee, who was an administrative officer and the principal planner, testified that the defendants barber shop had operated after the hours permitted in the ordinance and that the defendant also had violated the Zoning Boards resolution that set the hours of operation for barber shops; the Municipal Court found the employee credible, and the Law Division deferred to the Municipal Courts credibility findings; contrary to the defendants argument on appeal, the evidence was sufficient to support the verdict.
In M.J. v. G.D., an UNPUBLISHED decision in 2006, the Appellate Division reverses a Family Court finding of domestic violence based upon the trial judge's misunderstanding of the evidence needed to prove a charge of harassment under NJSA 2C:33-4. The Appellate Division ruled that although the defendant's words were likely to cause annoyance or alarm, there was no evidence to suggest that he had such a purpose. Since the "purposeful" element had not been proved by a preponderance of the evidence, no restraining order should have been entered.
______________________
3. new webpages
MEDICAID 2006 AND NURSING HOMES
http://www.geocities.com/kenvnjlaw/Medicaid2006NursingHomes.htm
Rule 1:7-1. Opening and Closing Statements in a Jury Trial
http://www.geocities.com/kenvnjlaw/OpeningandClosingStatement.htm
Undue Influence as Defense to Will or Power of Attorney
http://www.geocities.com/kenvnjlaw/UnderInfluence.htm
________________________
4. Upcoming charity races [more details at http://www.raceforum.com]
7/8/2006 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
Ken V needs a ride from the East Brunswick area to Belmar
July 11 Tuesday night Raritan Valley Road Runners RVRR cross-country 5k summer series
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newletter E217 June 19, 2006
In this issue:
1- Inadequate Security and Liability for Criminal Attack
2. Recent cases
Domestic violence dismissed where no danger to wife.
Factual basis required prior to guilty plea.
State v. Tutolo
3. new webpages
Job related and work site injuries
Alimony and child support in New Jersey
4. Upcoming charity races
_____________________________________
1- Inadequate Security and Liability for Criminal Attack
Many people are injured when attacked on a business property, when the property owner fails to provide adequate security. Injured persons may be able to recover damages plus payment of medical bills. The New Jersey Supreme Court in Kuzmicz v. Ivy Hill Park Apartments, 147 N.J. 510. (1997) reviewed liability for injuries suffered by people attacked. The duty of landowners for injuries that occur on their premises, the analysis no longer relies exclusively on the status of the injured party. Instead "[t]he issue is whether, 'in light of the actual relationship between the parties under all of the surrounding circumstances,' the imposition of a duty on the landowner is 'fair and just.'" Brett v. Great Am. Recreation, 144 N.J. 479, 509 (1996) (quoting Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 438 (1993)).
For off-premises liability, the issue is substantially the same. In both contexts, however, the analysis is fact-sensitive. Hopkins, supra, 132 N.J. at 439. Ultimately, the determination of the existence of a duty is a question of fairness and public policy. Snyder v. American Ass'n of Blood Banks, 144 N.J. 269, 292 (1996); Crawn v. Campo, 136 N.J. 494, 501 (1994); Dunphy v. Gregor, 136 N.J. 99, 108 (1994); Kelly v. Gwinnell, 96 N.J. 538, 544 (1984); Goldberg v. Housing Auth., 38 N.J. 578, 583 (1962). Foreseeability of injury to another is important, but not dispositive. Snyder, supra, 144 N.J. at 292; Carter Lincoln-Mercury v. EMOR Group, 135 N.J. 182, 194 (1994). Fairness, not foreseeability alone, is the test. Relevant to the determination of the fairness of the imposition of a duty on a landowner is the nature of the risk, the relationship of the parties, the opportunity to exercise care, and the effect on the public of the imposition of the duty. Dunphy, supra, 136 N.J. at 108; Hopkins, supra, 132 N.J. at 439; Goldberg, supra, 38 N.J. at 583.
More information at:
http://www.njlaws.com/inadequate_security.htm
_____________________________
2. Recent cases
Domestic violence dismissed where no danger to wife.
Litton v. Litton (Appellate Division, A-2054-04T2, October 6, 2005, Not approved for publication.)
Order dismissing the plaintiff wife's domestic violence complaint against the defendant affirmed; the wife's complaint alleged that, on the date in question, her husband grabbed and threw her into a wall, that he kept her from leaving the house, and that he harassed and verbally abused her; the Family Part had concluded that, although the husband acted inappropriately, his isolated actions on the date in question did not endanger the wife's life, health, or well-being, and did not pose a danger of domestic violence; the Family Part's findings of fact and conclusions of law were supported by the evidence and did not offend the interests of justice. Source: Facts On Call Order No. 18627.
14. Factual basis required prior to guilty plea.
State v. Tutolo (Appellate Division, A-1825-04T1. November 3, 2005, not approved for publication.)
Law Division order that granted the defendant's petition for post-conviction relief, that vacated her guilty plea to driving while intoxicated, and that remanded the matter to the Municipal Court for trial affirmed; the plaintiff, appearing pro se, had pleaded guilty in the Municipal Court and the Municipal court later denied her petition for post-relief to vacate the plea due to a lack of a factual basis for the plea; the Appellate Division agreed with the Law Division's determination on de novo review that there was an adequate factual basis for the plea, but it disagreed with the Law Division's conclusion that the plea was not voluntary - for the Municipal Court's failure to advise the defendant of the fundamental rights that she was waiving - because that normally is not required in the Municipal Courts; nonetheless, although it disagreed with the Law Division's rationale, the Appellate Division concluded that the plea in this case did not satisfy constitutional requirements because the municipal Court had not elicited a knowing waiver of the defendant's right to counsel.
______________________
3. new webpages
Job related and work site injuries
http://www.njlaws.com/job_related_work_site_injuries.htm
Alimony and child support in New Jersey
http://www.njlaws.com/alimony_and_child_support_in_NJ.htm
________________________
4. Upcoming charity races [more details at http://www.raceforum.com]
6/19 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (NBGP-700pts) Free beer, big post race party
June 24- Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Applications available in Ken V office.
6/25 Sunday, Pine Beach 5k [near Toms River] Very well run shore area event. 732-505-9554
June 27 Tuesday night Raritan Valley Road Runners RVRR cross-country 5k summer series
______________________________
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
1- Inadequate Security and Liability for Criminal Attack
2. Recent cases
Domestic violence dismissed where no danger to wife.
Factual basis required prior to guilty plea.
State v. Tutolo
3. new webpages
Job related and work site injuries
Alimony and child support in New Jersey
4. Upcoming charity races
_____________________________________
1- Inadequate Security and Liability for Criminal Attack
Many people are injured when attacked on a business property, when the property owner fails to provide adequate security. Injured persons may be able to recover damages plus payment of medical bills. The New Jersey Supreme Court in Kuzmicz v. Ivy Hill Park Apartments, 147 N.J. 510. (1997) reviewed liability for injuries suffered by people attacked. The duty of landowners for injuries that occur on their premises, the analysis no longer relies exclusively on the status of the injured party. Instead "[t]he issue is whether, 'in light of the actual relationship between the parties under all of the surrounding circumstances,' the imposition of a duty on the landowner is 'fair and just.'" Brett v. Great Am. Recreation, 144 N.J. 479, 509 (1996) (quoting Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 438 (1993)).
For off-premises liability, the issue is substantially the same. In both contexts, however, the analysis is fact-sensitive. Hopkins, supra, 132 N.J. at 439. Ultimately, the determination of the existence of a duty is a question of fairness and public policy. Snyder v. American Ass'n of Blood Banks, 144 N.J. 269, 292 (1996); Crawn v. Campo, 136 N.J. 494, 501 (1994); Dunphy v. Gregor, 136 N.J. 99, 108 (1994); Kelly v. Gwinnell, 96 N.J. 538, 544 (1984); Goldberg v. Housing Auth., 38 N.J. 578, 583 (1962). Foreseeability of injury to another is important, but not dispositive. Snyder, supra, 144 N.J. at 292; Carter Lincoln-Mercury v. EMOR Group, 135 N.J. 182, 194 (1994). Fairness, not foreseeability alone, is the test. Relevant to the determination of the fairness of the imposition of a duty on a landowner is the nature of the risk, the relationship of the parties, the opportunity to exercise care, and the effect on the public of the imposition of the duty. Dunphy, supra, 136 N.J. at 108; Hopkins, supra, 132 N.J. at 439; Goldberg, supra, 38 N.J. at 583.
More information at:
http://www.njlaws.com/inadequate_security.htm
_____________________________
2. Recent cases
Domestic violence dismissed where no danger to wife.
Litton v. Litton (Appellate Division, A-2054-04T2, October 6, 2005, Not approved for publication.)
Order dismissing the plaintiff wife's domestic violence complaint against the defendant affirmed; the wife's complaint alleged that, on the date in question, her husband grabbed and threw her into a wall, that he kept her from leaving the house, and that he harassed and verbally abused her; the Family Part had concluded that, although the husband acted inappropriately, his isolated actions on the date in question did not endanger the wife's life, health, or well-being, and did not pose a danger of domestic violence; the Family Part's findings of fact and conclusions of law were supported by the evidence and did not offend the interests of justice. Source: Facts On Call Order No. 18627.
14. Factual basis required prior to guilty plea.
State v. Tutolo (Appellate Division, A-1825-04T1. November 3, 2005, not approved for publication.)
Law Division order that granted the defendant's petition for post-conviction relief, that vacated her guilty plea to driving while intoxicated, and that remanded the matter to the Municipal Court for trial affirmed; the plaintiff, appearing pro se, had pleaded guilty in the Municipal Court and the Municipal court later denied her petition for post-relief to vacate the plea due to a lack of a factual basis for the plea; the Appellate Division agreed with the Law Division's determination on de novo review that there was an adequate factual basis for the plea, but it disagreed with the Law Division's conclusion that the plea was not voluntary - for the Municipal Court's failure to advise the defendant of the fundamental rights that she was waiving - because that normally is not required in the Municipal Courts; nonetheless, although it disagreed with the Law Division's rationale, the Appellate Division concluded that the plea in this case did not satisfy constitutional requirements because the municipal Court had not elicited a knowing waiver of the defendant's right to counsel.
______________________
3. new webpages
Job related and work site injuries
http://www.njlaws.com/job_related_work_site_injuries.htm
Alimony and child support in New Jersey
http://www.njlaws.com/alimony_and_child_support_in_NJ.htm
________________________
4. Upcoming charity races [more details at http://www.raceforum.com]
6/19 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (NBGP-700pts) Free beer, big post race party
June 24- Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Applications available in Ken V office.
6/25 Sunday, Pine Beach 5k [near Toms River] Very well run shore area event. 732-505-9554
June 27 Tuesday night Raritan Valley Road Runners RVRR cross-country 5k summer series
______________________________
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E217 June 4, 2006
In this issue:
1- Spine Injuries in Accidents
2. Recent cases- DOMESTIC VIOLENCE- PARCEL v. PARCEL
STATE v. ZYSK Improper behavior for refusal to submit bag to security check
3. new webpages
INJURIES WHILE RIDING A BICYCLE
MEDICAID 2006 AND NURSING HOMES
Court rules on Visitation of children
4. - BRENDAN VERCAMMEN PARTY- JUN 10 3PM
5. FOR LEASE: OFFICE SPACE
_____________________________________
1- Spine Injuries in Accidents
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a spine injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Even in a low impact accident, there can be a back injury. According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma.
The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."
More information at: Spine Injuries in Accidents
http://www.njlaws.com/spine_injuries_in_accidents.htm
_____________________________
2. Recent cases
DOMESTIC VIOLENCE- PARCEL v. PARCEL
Appellate Division, A-6658-04T1, June 2, 2006, not approved for publication.
Final domestic violence restraining order against the defendant husband based on a finding of harassment affirmed; the parties were in the process of divorcing; the defendant called the plaintiff wife five times to ask her whether she would go to the shore; the plaintiff told the defendant to stop calling because she was going to a concert that evening instead; when the plaintiff returned home from the concert, she discovered that the defendant had called about 64 more times; based on the defendant’s history of “controlling, obsessive, and annoying behavior,” his first five calls by themselves might qualify as harassment, and the 64 more calls “unmistakably” established harassing conduct that constituted domestic violence.
Source: (3 pages). Facts-on-Call Order No. 19738 .
CRIMINAL TRIALS - STATE v. ZYSK Improper behavior for refusal to submit bag to security check
Appellate Division, A-6084-04T2, May 31, 2006, not approved for publication.
Conviction following a trial de novo of the petty disorderly persons offense of improper behavior in violation of N.J.S.A. 2C:33-2a(1) affirmed; the defendant refused to submit his binocular case to a security check at the Meadowlands Racetrack, became belligerent while in the presence of other patrons, and fled into the Racetrack before he was apprehended; the record supported the conviction because the defendant had recklessly risked public inconvenience, annoyance, or alarm and had created a physically dangerous condition for himself, security personnel, and the general public nearby; the defendant argued on appeal that his conviction had to be vacated on procedural grounds because the complaint, which had been signed by a person who was not a law enforcement officer, should not have been issued until a Municipal Court judge or administrator made a finding of probable cause; however, the complaint was not legally deficient to warrant its dismissal and the reversal of the conviction.
Source: Facts-on-Call Order No. 19727 .
______________________
3. new webpages
INJURIES WHILE RIDING A BICYCLE
http://www.njlaws.com/injuries_while_riding_a_bicycle.htm
MEDICAID 2006 AND NURSING HOMES
http://www.njlaws.com/medicade.htm
Court rules on Visitation of children
http://www.njlaws.com/visitation_of_children.htm
________________________
4. reminder- FRIENDS OF VERCAMMEN FAMILY
- BRENDAN VERCAMMEN PARTY- JUN 10 3PM
TO CELEBRATE BRENDAN'S MIDDLE SCHOOL GRADUATION, CONFIRMATION AND WINNING THE COUNTY WRESTLING CHAMPIONSHIP.
______________________________
5. FOR LEASE: OFFICE SPACE
PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE. The building is suitable for two to three tenants.
The offices are located on the 1st floor of the building .
Front window office 12.1 x 7.5 - 90 square feet
connecting office 12.4 x 9.4 - 116 square feet
plus client use of reception room 16.6 x 7.2
$500 per month
Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury, Elder Law, Criminal Law.
The following is included with rental:
1. Lighting/ Utilities
2. Bathroom Supplies
3. Landscaping / Snow Removal
4. Cleaning of Common Area
5. cold water, hot water, municipal water/sewer charges
6. Use of conference table for meetings or depositions
7. Permit you to put a sign in the front window
8. Use of our audio tape and video library.
9. Use of the front room reception area
Location is on high traffic street near Route 1 and Raritan Center.
Provides a great opportunity for referrals to Attorney, Financial Planners, Accountants, Insurance Agents, and other Business Professionals.
We also have available additional approximately 700 square feet of office space for $1,000.00 per month
Call Kenneth Vercammen Law Office at 732-572-0500 to schedule an appointment
Tenant and clients/ customers must use adjacent off street parking.
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
1- Spine Injuries in Accidents
2. Recent cases- DOMESTIC VIOLENCE- PARCEL v. PARCEL
STATE v. ZYSK Improper behavior for refusal to submit bag to security check
3. new webpages
INJURIES WHILE RIDING A BICYCLE
MEDICAID 2006 AND NURSING HOMES
Court rules on Visitation of children
4. - BRENDAN VERCAMMEN PARTY- JUN 10 3PM
5. FOR LEASE: OFFICE SPACE
_____________________________________
1- Spine Injuries in Accidents
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a spine injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Even in a low impact accident, there can be a back injury. According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma.
The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."
More information at: Spine Injuries in Accidents
http://www.njlaws.com/spine_injuries_in_accidents.htm
_____________________________
2. Recent cases
DOMESTIC VIOLENCE- PARCEL v. PARCEL
Appellate Division, A-6658-04T1, June 2, 2006, not approved for publication.
Final domestic violence restraining order against the defendant husband based on a finding of harassment affirmed; the parties were in the process of divorcing; the defendant called the plaintiff wife five times to ask her whether she would go to the shore; the plaintiff told the defendant to stop calling because she was going to a concert that evening instead; when the plaintiff returned home from the concert, she discovered that the defendant had called about 64 more times; based on the defendant’s history of “controlling, obsessive, and annoying behavior,” his first five calls by themselves might qualify as harassment, and the 64 more calls “unmistakably” established harassing conduct that constituted domestic violence.
Source: (3 pages). Facts-on-Call Order No. 19738
CRIMINAL TRIALS - STATE v. ZYSK Improper behavior for refusal to submit bag to security check
Appellate Division, A-6084-04T2, May 31, 2006, not approved for publication.
Conviction following a trial de novo of the petty disorderly persons offense of improper behavior in violation of N.J.S.A. 2C:33-2a(1) affirmed; the defendant refused to submit his binocular case to a security check at the Meadowlands Racetrack, became belligerent while in the presence of other patrons, and fled into the Racetrack before he was apprehended; the record supported the conviction because the defendant had recklessly risked public inconvenience, annoyance, or alarm and had created a physically dangerous condition for himself, security personnel, and the general public nearby; the defendant argued on appeal that his conviction had to be vacated on procedural grounds because the complaint, which had been signed by a person who was not a law enforcement officer, should not have been issued until a Municipal Court judge or administrator made a finding of probable cause; however, the complaint was not legally deficient to warrant its dismissal and the reversal of the conviction.
Source: Facts-on-Call Order No. 19727
______________________
3. new webpages
INJURIES WHILE RIDING A BICYCLE
http://www.njlaws.com/injuries_while_riding_a_bicycle.htm
MEDICAID 2006 AND NURSING HOMES
http://www.njlaws.com/medicade.htm
Court rules on Visitation of children
http://www.njlaws.com/visitation_of_children.htm
________________________
4. reminder- FRIENDS OF VERCAMMEN FAMILY
- BRENDAN VERCAMMEN PARTY- JUN 10 3PM
TO CELEBRATE BRENDAN'S MIDDLE SCHOOL GRADUATION, CONFIRMATION AND WINNING THE COUNTY WRESTLING CHAMPIONSHIP.
______________________________
5. FOR LEASE: OFFICE SPACE
PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE. The building is suitable for two to three tenants.
The offices are located on the 1st floor of the building .
Front window office 12.1 x 7.5 - 90 square feet
connecting office 12.4 x 9.4 - 116 square feet
plus client use of reception room 16.6 x 7.2
$500 per month
Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury, Elder Law, Criminal Law.
The following is included with rental:
1. Lighting/ Utilities
2. Bathroom Supplies
3. Landscaping / Snow Removal
4. Cleaning of Common Area
5. cold water, hot water, municipal water/sewer charges
6. Use of conference table for meetings or depositions
7. Permit you to put a sign in the front window
8. Use of our audio tape and video library.
9. Use of the front room reception area
Location is on high traffic street near Route 1 and Raritan Center.
Provides a great opportunity for referrals to Attorney, Financial Planners, Accountants, Insurance Agents, and other Business Professionals.
We also have available additional approximately 700 square feet of office space for $1,000.00 per month
Call Kenneth Vercammen Law Office at 732-572-0500 to schedule an appointment
Tenant and clients/ customers must use adjacent off street parking.
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E215 May 29, 2006
In this issue:
1- Fractures and broken bones in Accidents
2. Federal Health Privacy Law (HIPAA)- Prepare a new Power of Attorney and Living Will
3 Recent cases "Unconditional" guilty plea barred appeal
4. new webpage School Random Drug Permissible. Joye v. Hunterdon Central Bd. of Educ.
_____________________________________
1- Fractures and broken bones in Accidents
New article on website www.njlaws.com:
Fracture vs a Break? Despite what you may have heard, a broken bone is not worse than a fracture, they both mean the same thing. In fact, the word fracture, according to the Oxford English Dictionary is defined as "the act of being broken." There are different types of fractures and broken bones, but these words mean the same thing!. See http://orthopedics.about.com/cs/otherfractures/a/fracture.htm
Fractures happen because an area of bone is not able to support the energy placed on it (quite obvious, but it becomes more complicated). Therefore, there are two critical factors in determining why a fracture occurs: * the energy of the event
* the strength of the bone
Treatment of Broken Bones
Fracture Treatment Bone is constantly in a state of turnover, even when not damaged or injured. We continually absorb and replace the cells that make up our bones. Because of this natural turnover, the process of healing bone also comes about quite naturally.
However, in order for a fracture to heal as well as possible, a good reduction, or placement, of the bones must be attained.
According to http://orthopedics.about.com, when doctors talk about reduction or a fracture, or reducing the broken bone, they are talking about improving the alignment of the broken ends of the bone. In most cases reducing a fracture involves placing the broken bone in a cast, often after a little pulling and tugging to achieve improved alignment. If the reduction cannot be satisfactorily achieved (meaning the alignment is either not adequate or not sufficiently stable), then a further procedure may be necessary.
This usually means surgery with fixation of the bone with pins, plates, screws or rods.
One potential complication of fracture treatment is either a mal-union or non-union of bone. This problem is more common in elderly individuals and in people who sustain more severe fractures. In the case of some fractures (e.g. hip fracture in elderly) the rate of non-union is high enough that instead of trying to heal the bone, the damaged segment of bone is replaced (e.g. hip replacement). See http://orthopedics.about.com/cs/otherfractures/a/fracture_2.htm
The treatment of a specific fracture is too complicated to be discussed in a general overview of broken bones, but depends on factors such as:
* Location of the fracture * Severity of angulation or deformity * Potential for healing * Other injuries * Age and activity level of the patient * And many more factors.... In order to understand your treatment, and the options you may have for treatment, you need to discuss your fracture with your doctor. Because treatments are individualized based on the patient, the x-ray appearance of the fracture, and the other factors mentioned, each case must be treated individually.
Underlying Problems The most common cause of fractures is due to trauma.
More information on our new article: Fractures and broken bones in Accidents
http://www.njlaws.com/fractures_and_broken_bones_in_accidents.htm
Kenneth Vercammen's Law Office handles accident cases involving broken bones.
_____________________________
2. Federal Health Privacy Law (HIPAA)- Prepare a new Power of Attorney and Living Will
The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well.
Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.
The following information was provided by the American Medical Association (AMA).
Today, state and federal laws also attempt to ensure the confidentiality of this sensitive information.
The federal government recently published regulations designed to protect the privacy of your health information. This “privacy rule” protects health information that is maintained by physicians, hospitals, other health care providers and health plans. As of 2003, your physician will need to comply with the privacy rule’s standards for protecting the confidentiality of your health information.
This new regulation protects virtually all patients regardless of where they live or where they receive their health care. Every time you see a physician, are admitted to the hospital, fill a prescription, or send a claim to a health plan, your physician, the hospital and health plan will need to consider the privacy rule. All health information including paper records, oral communications, and electronic formats (such as e-mail) are protected by the privacy rule.
New national health information privacy standards have been issued by the U.S. Department of Health and Human Services (DHHS), pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The new regulations provide protection for the privacy of certain individually identifiable health data, referred to as Protected Health Information (PHI).
Powers of attorneys and Living Wills should be updated to reference this New law.
In Personal Injury cases, medical authorizations should:
* specifically identify the protected privacy to be used or disclosed;
* provide the names of persons or organizations, or classes of persons or organizations, who will receive, use, or disclose the protected privacy;
* state the purpose for each request;
* notify individuals of their right to refuse to sign the authorization without negative consequences to treatment, payment, or health plan enrollment or benefit eligibility, except under specific circumstances;
* be signed and dated by the individual or the individual's personal representative;
* be written in plain language;
* include an expiration date or event;
* notify the individual of the right to revoke authorization at any time in writing, and how to exercise that right, and any applicable exceptions to that right under the Privacy Rule; and
* explain the potential for the information to be subject to redisclosure by recipient and no longer protected by the Privacy Rule.
Other information on the HIPAA law at http://www.njlaws.com/hipaa.htm
3 Recent cases "Unconditional" guilty plea barred appeal. State v. Ackerman, Appellate Division, A-759-04T2, October 18, 2005, not approved for publication.
Conviction entered in the Law Division following the defendant's unconditional guilty plea in the Municipal Court to driving while intoxicated and following a trial de novo affirmed; after a motor vehicle chase on July 21, 2001, the defendant was charged in the municipality with the indictable offense of eluding and with seven motor vehicle offenses, including DWI and reckless driving; the eluding and reckless driving charges were dismissed on March 9, 2004 after the defendant completed the Pretrial Intervention Program; the prosecution of the remaining charges in the Municipal Court was adjourned at the defendant's request on October 15, 2003 and, after several adjournments at the State's request, led to the defendant's unconditional plea to DWI on May 19, 2004 and the merger and dismissal of the other charges; contrary to the defendant's arguments on appeal, (1) she waived her right to assert a speedy trial claim when she entered an unconditional plea, and, even if the claim was addressed on the merits, her speedy trial rights were not violated and (2) jeopardy did not attach to the eluding charge, and, even if it did, her prosecution in the Municipal Court was not barred by constitutional double jeopardy principles. Not approved for publication.
source Facts-on-Call Order No. 18679.
4. new webpage School Random Drug Permissible. Joye v. Hunterdon Central Bd. of Educ.
http://www.geocities.com/kenvnjlaw/JoyeVHunterdonCentral.html
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
1- Fractures and broken bones in Accidents
2. Federal Health Privacy Law (HIPAA)- Prepare a new Power of Attorney and Living Will
3 Recent cases "Unconditional" guilty plea barred appeal
4. new webpage School Random Drug Permissible. Joye v. Hunterdon Central Bd. of Educ.
_____________________________________
1- Fractures and broken bones in Accidents
New article on website www.njlaws.com:
Fracture vs a Break? Despite what you may have heard, a broken bone is not worse than a fracture, they both mean the same thing. In fact, the word fracture, according to the Oxford English Dictionary is defined as "the act of being broken." There are different types of fractures and broken bones, but these words mean the same thing!. See http://orthopedics.about.com/cs/otherfractures/a/fracture.htm
Fractures happen because an area of bone is not able to support the energy placed on it (quite obvious, but it becomes more complicated). Therefore, there are two critical factors in determining why a fracture occurs: * the energy of the event
* the strength of the bone
Treatment of Broken Bones
Fracture Treatment Bone is constantly in a state of turnover, even when not damaged or injured. We continually absorb and replace the cells that make up our bones. Because of this natural turnover, the process of healing bone also comes about quite naturally.
However, in order for a fracture to heal as well as possible, a good reduction, or placement, of the bones must be attained.
According to http://orthopedics.about.com, when doctors talk about reduction or a fracture, or reducing the broken bone, they are talking about improving the alignment of the broken ends of the bone. In most cases reducing a fracture involves placing the broken bone in a cast, often after a little pulling and tugging to achieve improved alignment. If the reduction cannot be satisfactorily achieved (meaning the alignment is either not adequate or not sufficiently stable), then a further procedure may be necessary.
This usually means surgery with fixation of the bone with pins, plates, screws or rods.
One potential complication of fracture treatment is either a mal-union or non-union of bone. This problem is more common in elderly individuals and in people who sustain more severe fractures. In the case of some fractures (e.g. hip fracture in elderly) the rate of non-union is high enough that instead of trying to heal the bone, the damaged segment of bone is replaced (e.g. hip replacement). See http://orthopedics.about.com/cs/otherfractures/a/fracture_2.htm
The treatment of a specific fracture is too complicated to be discussed in a general overview of broken bones, but depends on factors such as:
* Location of the fracture * Severity of angulation or deformity * Potential for healing * Other injuries * Age and activity level of the patient * And many more factors.... In order to understand your treatment, and the options you may have for treatment, you need to discuss your fracture with your doctor. Because treatments are individualized based on the patient, the x-ray appearance of the fracture, and the other factors mentioned, each case must be treated individually.
Underlying Problems The most common cause of fractures is due to trauma.
More information on our new article: Fractures and broken bones in Accidents
http://www.njlaws.com/fractures_and_broken_bones_in_accidents.htm
Kenneth Vercammen's Law Office handles accident cases involving broken bones.
_____________________________
2. Federal Health Privacy Law (HIPAA)- Prepare a new Power of Attorney and Living Will
The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well.
Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.
The following information was provided by the American Medical Association (AMA).
Today, state and federal laws also attempt to ensure the confidentiality of this sensitive information.
The federal government recently published regulations designed to protect the privacy of your health information. This “privacy rule” protects health information that is maintained by physicians, hospitals, other health care providers and health plans. As of 2003, your physician will need to comply with the privacy rule’s standards for protecting the confidentiality of your health information.
This new regulation protects virtually all patients regardless of where they live or where they receive their health care. Every time you see a physician, are admitted to the hospital, fill a prescription, or send a claim to a health plan, your physician, the hospital and health plan will need to consider the privacy rule. All health information including paper records, oral communications, and electronic formats (such as e-mail) are protected by the privacy rule.
New national health information privacy standards have been issued by the U.S. Department of Health and Human Services (DHHS), pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The new regulations provide protection for the privacy of certain individually identifiable health data, referred to as Protected Health Information (PHI).
Powers of attorneys and Living Wills should be updated to reference this New law.
In Personal Injury cases, medical authorizations should:
* specifically identify the protected privacy to be used or disclosed;
* provide the names of persons or organizations, or classes of persons or organizations, who will receive, use, or disclose the protected privacy;
* state the purpose for each request;
* notify individuals of their right to refuse to sign the authorization without negative consequences to treatment, payment, or health plan enrollment or benefit eligibility, except under specific circumstances;
* be signed and dated by the individual or the individual's personal representative;
* be written in plain language;
* include an expiration date or event;
* notify the individual of the right to revoke authorization at any time in writing, and how to exercise that right, and any applicable exceptions to that right under the Privacy Rule; and
* explain the potential for the information to be subject to redisclosure by recipient and no longer protected by the Privacy Rule.
Other information on the HIPAA law at http://www.njlaws.com/hipaa.htm
3 Recent cases "Unconditional" guilty plea barred appeal. State v. Ackerman, Appellate Division, A-759-04T2, October 18, 2005, not approved for publication.
Conviction entered in the Law Division following the defendant's unconditional guilty plea in the Municipal Court to driving while intoxicated and following a trial de novo affirmed; after a motor vehicle chase on July 21, 2001, the defendant was charged in the municipality with the indictable offense of eluding and with seven motor vehicle offenses, including DWI and reckless driving; the eluding and reckless driving charges were dismissed on March 9, 2004 after the defendant completed the Pretrial Intervention Program; the prosecution of the remaining charges in the Municipal Court was adjourned at the defendant's request on October 15, 2003 and, after several adjournments at the State's request, led to the defendant's unconditional plea to DWI on May 19, 2004 and the merger and dismissal of the other charges; contrary to the defendant's arguments on appeal, (1) she waived her right to assert a speedy trial claim when she entered an unconditional plea, and, even if the claim was addressed on the merits, her speedy trial rights were not violated and (2) jeopardy did not attach to the eluding charge, and, even if it did, her prosecution in the Municipal Court was not barred by constitutional double jeopardy principles. Not approved for publication.
source Facts-on-Call Order No. 18679.
4. new webpage School Random Drug Permissible. Joye v. Hunterdon Central Bd. of Educ.
http://www.geocities.com/kenvnjlaw/JoyeVHunterdonCentral.html
__________________________
Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. 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 line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E214 May 21, 2006
In this issue:
1. Problems if you have no Will
2 .Recent cases: Sarcastic comment not a violation of domestic violence provisions. State v. Haas
3. Failure to charge harassment in complaint warrants reversal of domestic violence complaint despite harassing and abusive language
4. Rubbing crotch not lewdness. State v. Pinto
5. Upcoming events -Free Estate/ Financial Planning Seminar- Wednesday, May 24, 2006
_____________________________________
1. Problems if you have no Will
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator- Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns.
Who dont you want to receive your assets
Who is not the best choice to raise your children, or safeguard your children's money for college. Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
A will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
I already have a Will. Why do I need a new one?
The Will you signed in 1977?
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will
*Significant changes in the value of your total assets or in any particular assets which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
*Annual changes in tax law
* Changes in who you like
MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
2 Recent cases:
Sarcastic comment not a violation of domestic violence provisions. State v. Haas, Appellate Division, (14-2-1822, Decided Oct. 21, 2005). Unpublished.
The court reverses defendant's conviction on a charge of domestic violence contempt, N.J.S.A. 2C:29-9b, for allegedly violating the terms of a domestic violence final restraining order. The comment made to the complainant-ex-wife during a cell phone conversation, as she waited for him to return and bring her daughter for visitation - to wit, "Why don't you go have another martini, you drunk. You like them up and straight" - did not constitute harassment. Moreover, the restraining order expressly permitted telephone contact between defendant and his ex-wife to address parenting and visitation issues, and the call - the second during the time period in question, wanting to know where defendant was - was initiated by the complainant. Defendant's sarcastic comments, made during a permitted call, cannot constitute the basis for a knowing violation of the restraining order. Source: New Jersey Law Journal October 31, 2005. Page 63.
3. Failure to charge harassment in complaint warrants reversal of domestic violence complaint despite harassing and abusive language. State v. Kolenda, Appellate Division, (14-2-1823, Decided Oct. 21, 2005). Unpublished.
In another case illustrating the difficulties of attempting to enforce restraining orders when the parties in a volatile relationship are permitted to speak with respect to parenting and visitation issues, the court reverses defendant's conviction in a charge of domestic-violence contempt, N.J.S.A. 2C:29-9b, for allegedly violating the terms of a domestic-violence final restraining order. Defendant, who had pulled into plaintiff's driveway for the purpose of picking up his children for visitation, became angry when plaintiff did not send out the children until the exact hour of scheduled visitation, and cursed and yelled at plaintiff in a brief cell phone call. The trial judge found that defendant's language was "harassing" and "abusive" in nature, thereby violating the restraining order. The panel reverses, agreeing with defendant's contentions that the trial court erred in (1) failing to advise him of his right to counsel; (2) allowing the testimony of one of plaintiff's friends, who was not previously disclosed by the prosecutor as a potential witness; (3) failing to advise the defendant that he had the right to remain silent; (4) concluding that the defendant was guilty of domestic violence harassment, when that specific offense was not charged in the complaint. [Source: New Jersey Law Journal October 31, 2005, Page 63.]
4. Rubbing crotch not lewdness. State v. Pinto, Appellate Division, A-1944-04T5, November 7, 2005, not approved for publication.
Conviction in the Law Division following a trial de novo of the disorderly persons offense of lewdness under N.J.S.A. 2C:14-4a reversed and remanded for entry of an order vacating the judgment of conviction and for entry of a judgment of acquittal; the defendant was observed "vigorously" moving his hand in his front pants pocket near his groin while standing in a store aisle behind two girls who had their backs to him; the evidence did not support a conviction under 2C:14-4a, which requires the commission of "any flagrantly lewd and offensive act," because there was no physical indicia of masturbation and because the "mere" touching or rubbing oneself, "however vigorous," near an intimate body part that is clothed is not "flagrantly lewd," even if it occurs on public. Source: Facts On Call Order No. 18781.
_____________________________
5. Upcoming events
Free Estate/ Financial Planning Seminar- Wednesday, May 24, 2006
What Happens When I’m Gone!!!??
JFK Medical Center– Conference Center
James Street, Edison New Jersey
Wednesday, May 24, 2006
2:30 p.m. – 4:00 p.m.
Refreshments will be served
Overview
How many times have you heard the following statements or something like them? “I don’t need a will, I have nothing to leave anybody!” “I want to do everything in my power to avoid probate!” “Probate is expensive, that’s why I have a Living Trust…to avoid it!” “If you don’t have a will everything goes right to the State.” Each of these statements is based on a misconception that can be very costly and create serious problems for both the deceased and those who are the surviving heirs. Additionally, if a person dies without a will the truth of the matter is that they do actually have one, and it is drawn up by the State in the form of the Laws of Intestacy. This “Will” is probably not going to satisfy the wishes of the family and it too may cause everyone involved serious problems. This workshop will deal with all of the questions, facts and misunderstandings associated with the Probate process and with the passing of assets to the next of kin. It will be instructive and help clarify how this process can be done correctly to satisfy all of the parties involve.
Purpose
To inform and educate participants in the use of the various legal processes and devices to plan for the passing of assets to the next generation. It will also deal with the issues of properly planning for the care of children by appointing guardians, etc. Finally, it will also cover various ways of leaving something of significance behind which can benefit others for years to come. This discussion of philanthropic planned giving will demonstrate how a family can actually set up its own Foundation without being as ‘rich as Rockefeller.’
Faculty
Robert J. Goellner CSA, CFP, ChFC, CLU
Joseph Bernheimer, CFP, ChFC
Lonnie Gietter, Financial Advisor
Attorney – Kenneth A. Vercammen, Esq.
◊ To reserve a seat contact the JFK Foundation at 732-632-1540
_______________________
Ken V broke his collarbone while biking to train for triathlon. no running or karate for two- 4 weeks.
On May 27 I will cheer on runners at the Spring Lake 5
June 2,3,4 Elks Convention- Patriotism Parade; Pens, Matches, Cups
June 12 ICLE Mun Ct
June 16-18 Scranton-Reunion
June 11 Girl's Soccer ice-cream
June 24 Frog Hollow 5K Race
June 24 Elks Picnic - Can Holders
FRIENDS OF VERCAMMEN FAMILY
- BRENDAN VERCAMMEN PARTY- JUN 10 3PM
TO CELEBRATE BRENDAN'S MIDDLE SCHOOL GRADUATION, CONFIRMATION AND WINNING THE COUNTY WRESTLING CHAMPIONSHIP.
6. New webpages:
Video Voyeurism Not Peeping Violation. State v. Burke
http://www.geocities.com/kenvnjlaw/StateVBurke.html
Nurse Certificate Admissible with DWI Even Though No Notary. State v. DeFrank http://www.geocities.com/kenvnjlaw/StateVDeFrank.html
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Problems if you have no Will
2 .Recent cases: Sarcastic comment not a violation of domestic violence provisions. State v. Haas
3. Failure to charge harassment in complaint warrants reversal of domestic violence complaint despite harassing and abusive language
4. Rubbing crotch not lewdness. State v. Pinto
5. Upcoming events -Free Estate/ Financial Planning Seminar- Wednesday, May 24, 2006
_____________________________________
1. Problems if you have no Will
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator- Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns.
Who dont you want to receive your assets
Who is not the best choice to raise your children, or safeguard your children's money for college. Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games.
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
A will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.
I already have a Will. Why do I need a new one?
The Will you signed in 1977?
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will
*Significant changes in the value of your total assets or in any particular assets which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
*Annual changes in tax law
* Changes in who you like
MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
2 Recent cases:
Sarcastic comment not a violation of domestic violence provisions. State v. Haas, Appellate Division, (14-2-1822, Decided Oct. 21, 2005). Unpublished.
The court reverses defendant's conviction on a charge of domestic violence contempt, N.J.S.A. 2C:29-9b, for allegedly violating the terms of a domestic violence final restraining order. The comment made to the complainant-ex-wife during a cell phone conversation, as she waited for him to return and bring her daughter for visitation - to wit, "Why don't you go have another martini, you drunk. You like them up and straight" - did not constitute harassment. Moreover, the restraining order expressly permitted telephone contact between defendant and his ex-wife to address parenting and visitation issues, and the call - the second during the time period in question, wanting to know where defendant was - was initiated by the complainant. Defendant's sarcastic comments, made during a permitted call, cannot constitute the basis for a knowing violation of the restraining order. Source: New Jersey Law Journal October 31, 2005. Page 63.
3. Failure to charge harassment in complaint warrants reversal of domestic violence complaint despite harassing and abusive language. State v. Kolenda, Appellate Division, (14-2-1823, Decided Oct. 21, 2005). Unpublished.
In another case illustrating the difficulties of attempting to enforce restraining orders when the parties in a volatile relationship are permitted to speak with respect to parenting and visitation issues, the court reverses defendant's conviction in a charge of domestic-violence contempt, N.J.S.A. 2C:29-9b, for allegedly violating the terms of a domestic-violence final restraining order. Defendant, who had pulled into plaintiff's driveway for the purpose of picking up his children for visitation, became angry when plaintiff did not send out the children until the exact hour of scheduled visitation, and cursed and yelled at plaintiff in a brief cell phone call. The trial judge found that defendant's language was "harassing" and "abusive" in nature, thereby violating the restraining order. The panel reverses, agreeing with defendant's contentions that the trial court erred in (1) failing to advise him of his right to counsel; (2) allowing the testimony of one of plaintiff's friends, who was not previously disclosed by the prosecutor as a potential witness; (3) failing to advise the defendant that he had the right to remain silent; (4) concluding that the defendant was guilty of domestic violence harassment, when that specific offense was not charged in the complaint. [Source: New Jersey Law Journal October 31, 2005, Page 63.]
4. Rubbing crotch not lewdness. State v. Pinto, Appellate Division, A-1944-04T5, November 7, 2005, not approved for publication.
Conviction in the Law Division following a trial de novo of the disorderly persons offense of lewdness under N.J.S.A. 2C:14-4a reversed and remanded for entry of an order vacating the judgment of conviction and for entry of a judgment of acquittal; the defendant was observed "vigorously" moving his hand in his front pants pocket near his groin while standing in a store aisle behind two girls who had their backs to him; the evidence did not support a conviction under 2C:14-4a, which requires the commission of "any flagrantly lewd and offensive act," because there was no physical indicia of masturbation and because the "mere" touching or rubbing oneself, "however vigorous," near an intimate body part that is clothed is not "flagrantly lewd," even if it occurs on public. Source: Facts On Call Order No. 18781.
_____________________________
5. Upcoming events
Free Estate/ Financial Planning Seminar- Wednesday, May 24, 2006
What Happens When I’m Gone!!!??
JFK Medical Center– Conference Center
James Street, Edison New Jersey
Wednesday, May 24, 2006
2:30 p.m. – 4:00 p.m.
Refreshments will be served
Overview
How many times have you heard the following statements or something like them? “I don’t need a will, I have nothing to leave anybody!” “I want to do everything in my power to avoid probate!” “Probate is expensive, that’s why I have a Living Trust…to avoid it!” “If you don’t have a will everything goes right to the State.” Each of these statements is based on a misconception that can be very costly and create serious problems for both the deceased and those who are the surviving heirs. Additionally, if a person dies without a will the truth of the matter is that they do actually have one, and it is drawn up by the State in the form of the Laws of Intestacy. This “Will” is probably not going to satisfy the wishes of the family and it too may cause everyone involved serious problems. This workshop will deal with all of the questions, facts and misunderstandings associated with the Probate process and with the passing of assets to the next of kin. It will be instructive and help clarify how this process can be done correctly to satisfy all of the parties involve.
Purpose
To inform and educate participants in the use of the various legal processes and devices to plan for the passing of assets to the next generation. It will also deal with the issues of properly planning for the care of children by appointing guardians, etc. Finally, it will also cover various ways of leaving something of significance behind which can benefit others for years to come. This discussion of philanthropic planned giving will demonstrate how a family can actually set up its own Foundation without being as ‘rich as Rockefeller.’
Faculty
Robert J. Goellner CSA, CFP, ChFC, CLU
Joseph Bernheimer, CFP, ChFC
Lonnie Gietter, Financial Advisor
Attorney – Kenneth A. Vercammen, Esq.
◊ To reserve a seat contact the JFK Foundation at 732-632-1540
_______________________
Ken V broke his collarbone while biking to train for triathlon. no running or karate for two- 4 weeks.
On May 27 I will cheer on runners at the Spring Lake 5
June 2,3,4 Elks Convention- Patriotism Parade; Pens, Matches, Cups
June 12 ICLE Mun Ct
June 16-18 Scranton-Reunion
June 11 Girl's Soccer ice-cream
June 24 Frog Hollow 5K Race
June 24 Elks Picnic - Can Holders
FRIENDS OF VERCAMMEN FAMILY
- BRENDAN VERCAMMEN PARTY- JUN 10 3PM
TO CELEBRATE BRENDAN'S MIDDLE SCHOOL GRADUATION, CONFIRMATION AND WINNING THE COUNTY WRESTLING CHAMPIONSHIP.
6. New webpages:
Video Voyeurism Not Peeping Violation. State v. Burke
http://www.geocities.com/kenvnjlaw/StateVBurke.html
Nurse Certificate Admissible with DWI Even Though No Notary. State v. DeFrank http://www.geocities.com/kenvnjlaw/StateVDeFrank.html
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E213 May 8, 2006
In this issue:
1. THE NEW JERSEY DOMESTIC PARTNERSHIP ACT
-WHY AN ACT FOR SAME SEX COUPLES IS IMPORTANT TO SENIOR CITIZENS
Recent cases:
2 Litigation privilege protects special counsel. Loigman v. Township Committee of Middletown
3. Trial de novo judge erred in "affirming" the municipal court guilty finding. State v. Stepongzi
4. Suppression of evidence where no reason for police to believe defendant armed. State v. Potter
5. New webpages:
DWI Affirmed on Appeal Based on Observations, Only, Not BAC Even though No Guilty Finding on Observation at Trial
_____________________________________
1. THE NEW JERSEY DOMESTIC PARTNERSHIP ACT
-WHY AN ACT FOR SAME SEX COUPLES IS IMPORTANT TO SENIOR CITIZENS
By Neil A. Derman, Esquire
In 2003, New Jersey judicial system upheld the state's ban on same sex marriages. In 2004, the Domestic Partnership Act was adopted giving same sex couple limited rights in areas they were not provided for before. The Act provides for formal recognition of domestic partnerships, without recognizing a right to same sex marriages. The New Jersey Domestic Partnership Act offers certain financial rights that recognized marriages currently enjoy.
On the surface, the act seems to be a positive step forward in the rights of same sex couples, wishing to achieve equal status in the state of New Jersey. But how does such an Act affect opposite sex senior citizen couples?
Actually, the New Jersey's Domestic Partnership Act is applicable not only to same sex couples, but to opposite sex couples over the age of 62. Why would the act be applicable to opposite sex couples over age 62?
Senior Citizens or retired individuals are provided with additional tax benefits. Many of these senior citizens are widowed, or single, and are supported by their retirement benefits. These retirement benefits often come with certain stipulations. One of these stipulations involves re-marriage, and a potential reduction in your retirement income. The potential loss of retirement benefits for senior couples may deter marriage, despite a devoted relationship.
Allowing opposite-sex couples over the age of 62 the benefit of the Domestic Partnership allows them the ability to enjoy the status they would have received had they married without affecting their retirement income status.
To qualify under the Domestic Partnership act both persons must have a common residence within the state of New Jersey and both persons are jointly responsible for each others common welfare (evidenced by joint financial arrangements or ownership of real or personal property). Both persons must also agree to be jointly responsible for each others basic living expenses and neither person must be in a recognizable marriage according to New Jersey law. Finally both persons have chosen to share in each others lives in a committed relationship of mutual caring.
However, it must be noted that the New Jersey Domestic Partnership act falls short of marriage. It does not extend certain rights which may be considered a central aspect of marriage. For example, there is no equivalent of alimony or division of marital assets for domestic partners.
But most importantly a domestic partner has not been included in the recent New Jersey intestate succession scheme. Therefore if one partner dies without a will, the other partner may still receive nothing at all, whereas a spouse would be entitled to a large share of the estate. It is imperative that those couples that enter into a Domestic Partnership update their estate planning documents to comply with their current situation.
If you are over the age of 62, and involved in a long term relationship, the New Jersey Domestic Partnership act may be helpful in ensuring that you are able to receive most of the benefits of marriage without losing any of your retirement income. A domestic partnership agreement can be obtained from a Local Registrar of Vital Statistics in any municipality throughout the State of New Jersey. Also, bet sure to check and update your estate planning documents, making sure you provide for your partner.
Begley & Bookbinder, P.C. is 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.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Tom Begley Jr. at 800-533-7227.
Recent cases:
2 Litigation privilege protects special counsel. Loigman v. Township Committee of Middletown 185 NJ 566 (2006).
The litigation privilege protects Township’s special counsel Savage and the Township from being haled into a civil court to face a damages judgment as a result of Savage’s sequestration motion. In addition, Savage’s role as special counsel for the Township at the administrative hearing did not transform him into a municipal “policy maker” under § 1983.
3. Trial de novo judge erred in "affirming" the municipal court guilty finding. State v. Stepongzi, Appellate Division 14-2-2638, Decided Jan. 19, 2006 unpublished
The Appellate Division held because defendant raises the "affirmation" of the Municipal Court judge's conviction, the court reversed and remanded to require the Law Division judge to make independent findings based upon the evidence in the Municipal Court record giving due regard to the Municipal Court judge's opportunity to determine the credibility of the witness.
In a trial de novo, rather than using the substantial credible evidence standard of review, the judge is required to determine the case anew on the Municipal Court record, giving due regard to the opportunity of the Municipal Court judge to pass upon the credibility of the witnesses. State v. Johnson, 42 N.J. 146, 157 (1964); State v. Cerefice, 335 N.J. Super 374, 383 (App. Div. 2000); State v. Avena, 281 N.J. Super. 327, 333 (App. Div. 1995); State v. Ross, 189 N.J. Super. 67, 75 (App. Div.) certif. denied, 95 N.J. 197 (1983).
4. Suppression of evidence where no reason for police to believe defendant armed. State v. Potter Appellate Division, A-2683-04T4, December 16, 2005, not approved for publication.
The Defendant, according to Officer Pangaro, made a sudden and furtive movement to his pocket, thereby increasing Pangaro's concern for his own safety and that of his fellow officers. However, the court found it significant that the pat-down had commenced when the furtive movement was made, and it occurred in response to that pat-down, not as its prelude. When the pat-down began, any suspicion of weapons possession could only have been premised upon the observation by Pangaro that defendant stood up abruptly when the police entered the room and thereafter appeared to be nervous. At no point prior to the pat-down did defendant engage in any conduct of a threatening nature or fail to comply with police commands.
The court found in these circumstances that evidence that defendant stood in the presence of police and then exhibited nervousness does not provide a legally sufficient basis for the search of his clothing. State v. Dangerfield, 171 N.J. 446, 464 (2002) (flight on bicycle upon seeing police will not support a Terry frisk); cf. State v. Carty, 170 N.J. 632, 648 (Under the New Jersey Constitution, the appearance of nervousness is not sufficient grounds for the reasonable and articulable suspicion necessary to extend the scope of a detention beyond the reason for the original stop."), mod. on other gr. 174 N.J. 351 (2002); State v. Costa, 327 N.J. Super. 22, 32 (App. Div. 1999) ("A Terry stop must be supported by more than just an awkward reaction to police presence.").
_____________________________
5. New webpages:
DWI Affirmed on Appeal Based on Observations, Only, Not BAC Even though No Guilty Finding on Observation at Trial. State v. Reiner
http://www.geocities.com/kenvnjlaw/StateVReiner.html
Law Enforcement Cannot Fabricate Evidence to Get Confession. State v. Patton
http://www.geocities.com/kenvnjlaw/StateVPatton.html
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. THE NEW JERSEY DOMESTIC PARTNERSHIP ACT
-WHY AN ACT FOR SAME SEX COUPLES IS IMPORTANT TO SENIOR CITIZENS
Recent cases:
2 Litigation privilege protects special counsel. Loigman v. Township Committee of Middletown
3. Trial de novo judge erred in "affirming" the municipal court guilty finding. State v. Stepongzi
4. Suppression of evidence where no reason for police to believe defendant armed. State v. Potter
5. New webpages:
DWI Affirmed on Appeal Based on Observations, Only, Not BAC Even though No Guilty Finding on Observation at Trial
_____________________________________
1. THE NEW JERSEY DOMESTIC PARTNERSHIP ACT
-WHY AN ACT FOR SAME SEX COUPLES IS IMPORTANT TO SENIOR CITIZENS
By Neil A. Derman, Esquire
In 2003, New Jersey judicial system upheld the state's ban on same sex marriages. In 2004, the Domestic Partnership Act was adopted giving same sex couple limited rights in areas they were not provided for before. The Act provides for formal recognition of domestic partnerships, without recognizing a right to same sex marriages. The New Jersey Domestic Partnership Act offers certain financial rights that recognized marriages currently enjoy.
On the surface, the act seems to be a positive step forward in the rights of same sex couples, wishing to achieve equal status in the state of New Jersey. But how does such an Act affect opposite sex senior citizen couples?
Actually, the New Jersey's Domestic Partnership Act is applicable not only to same sex couples, but to opposite sex couples over the age of 62. Why would the act be applicable to opposite sex couples over age 62?
Senior Citizens or retired individuals are provided with additional tax benefits. Many of these senior citizens are widowed, or single, and are supported by their retirement benefits. These retirement benefits often come with certain stipulations. One of these stipulations involves re-marriage, and a potential reduction in your retirement income. The potential loss of retirement benefits for senior couples may deter marriage, despite a devoted relationship.
Allowing opposite-sex couples over the age of 62 the benefit of the Domestic Partnership allows them the ability to enjoy the status they would have received had they married without affecting their retirement income status.
To qualify under the Domestic Partnership act both persons must have a common residence within the state of New Jersey and both persons are jointly responsible for each others common welfare (evidenced by joint financial arrangements or ownership of real or personal property). Both persons must also agree to be jointly responsible for each others basic living expenses and neither person must be in a recognizable marriage according to New Jersey law. Finally both persons have chosen to share in each others lives in a committed relationship of mutual caring.
However, it must be noted that the New Jersey Domestic Partnership act falls short of marriage. It does not extend certain rights which may be considered a central aspect of marriage. For example, there is no equivalent of alimony or division of marital assets for domestic partners.
But most importantly a domestic partner has not been included in the recent New Jersey intestate succession scheme. Therefore if one partner dies without a will, the other partner may still receive nothing at all, whereas a spouse would be entitled to a large share of the estate. It is imperative that those couples that enter into a Domestic Partnership update their estate planning documents to comply with their current situation.
If you are over the age of 62, and involved in a long term relationship, the New Jersey Domestic Partnership act may be helpful in ensuring that you are able to receive most of the benefits of marriage without losing any of your retirement income. A domestic partnership agreement can be obtained from a Local Registrar of Vital Statistics in any municipality throughout the State of New Jersey. Also, bet sure to check and update your estate planning documents, making sure you provide for your partner.
Begley & Bookbinder, P.C. is 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.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Tom Begley Jr. at 800-533-7227.
Recent cases:
2 Litigation privilege protects special counsel. Loigman v. Township Committee of Middletown 185 NJ 566 (2006).
The litigation privilege protects Township’s special counsel Savage and the Township from being haled into a civil court to face a damages judgment as a result of Savage’s sequestration motion. In addition, Savage’s role as special counsel for the Township at the administrative hearing did not transform him into a municipal “policy maker” under § 1983.
3. Trial de novo judge erred in "affirming" the municipal court guilty finding. State v. Stepongzi, Appellate Division 14-2-2638, Decided Jan. 19, 2006 unpublished
The Appellate Division held because defendant raises the "affirmation" of the Municipal Court judge's conviction, the court reversed and remanded to require the Law Division judge to make independent findings based upon the evidence in the Municipal Court record giving due regard to the Municipal Court judge's opportunity to determine the credibility of the witness.
In a trial de novo, rather than using the substantial credible evidence standard of review, the judge is required to determine the case anew on the Municipal Court record, giving due regard to the opportunity of the Municipal Court judge to pass upon the credibility of the witnesses. State v. Johnson, 42 N.J. 146, 157 (1964); State v. Cerefice, 335 N.J. Super 374, 383 (App. Div. 2000); State v. Avena, 281 N.J. Super. 327, 333 (App. Div. 1995); State v. Ross, 189 N.J. Super. 67, 75 (App. Div.) certif. denied, 95 N.J. 197 (1983).
4. Suppression of evidence where no reason for police to believe defendant armed. State v. Potter Appellate Division, A-2683-04T4, December 16, 2005, not approved for publication.
The Defendant, according to Officer Pangaro, made a sudden and furtive movement to his pocket, thereby increasing Pangaro's concern for his own safety and that of his fellow officers. However, the court found it significant that the pat-down had commenced when the furtive movement was made, and it occurred in response to that pat-down, not as its prelude. When the pat-down began, any suspicion of weapons possession could only have been premised upon the observation by Pangaro that defendant stood up abruptly when the police entered the room and thereafter appeared to be nervous. At no point prior to the pat-down did defendant engage in any conduct of a threatening nature or fail to comply with police commands.
The court found in these circumstances that evidence that defendant stood in the presence of police and then exhibited nervousness does not provide a legally sufficient basis for the search of his clothing. State v. Dangerfield, 171 N.J. 446, 464 (2002) (flight on bicycle upon seeing police will not support a Terry frisk); cf. State v. Carty, 170 N.J. 632, 648 (Under the New Jersey Constitution, the appearance of nervousness is not sufficient grounds for the reasonable and articulable suspicion necessary to extend the scope of a detention beyond the reason for the original stop."), mod. on other gr. 174 N.J. 351 (2002); State v. Costa, 327 N.J. Super. 22, 32 (App. Div. 1999) ("A Terry stop must be supported by more than just an awkward reaction to police presence.").
_____________________________
5. New webpages:
DWI Affirmed on Appeal Based on Observations, Only, Not BAC Even though No Guilty Finding on Observation at Trial. State v. Reiner
http://www.geocities.com/kenvnjlaw/StateVReiner.html
Law Enforcement Cannot Fabricate Evidence to Get Confession. State v. Patton
http://www.geocities.com/kenvnjlaw/StateVPatton.html
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E212 May 1, 2006
In this issue:
1. Recent cases: Confidential informant tip plus police observation permitted stop of car. State v Birkenmeier
2. Expert can testify regarding drug sales. State v. Nesbitt
3. Statement suppressed where Miranda not re-issued after arrest. State v Dispoto
4. NUTS & BOLTS OF ELDER LAW Thursday, May 11, 2006
5. Upcoming charity races: 5/13 Edison Family Day 5k
6. Brendan Vercammen wins wrestling championship
_____________________________________
1. Recent cases: Confidential informant tip plus police observation permitted stop of car. State v Birkenmeier 185 NJ 552 (2006).
Under the circumstances presented, the confidential informant’s information, once corroborated by the observations of the police, provided the reasonable and articulable suspicion required for an investigatory stop of Birkenmeier’s car. Once the car was stopped lawfully and the odor of marijuana detected by the police, probable cause and exigent circumstances existed so as to trigger the automobile exception to the warrant requirement and permit the lawful search of the passenger compartment. Once the police lawfully discovered the marijuana in the passenger compartment, there was a sufficient basis to support the request for Birkenmeier’s consent to a search of his home, which consent, by Birkenmeier’s own admission, was freely and voluntarily given.
2. Expert can testify regarding drug sales. State v. Nesbitt 185 NJ 504 (2006).
There was no error in allowing the expert to testify about methods used by confederates in street-level drug sales. Although the expert’s answer elicited by the hypothetical question improperly relied on terminology from the criminal statute, it did not constitute plain error.
3. Statement suppressed where Miranda not re-issued after arrest. State v Dispoto __ NJ Super. __ (App. Div. 2006) A-146-05T5, decided February 17, 2006.
In a prosecution for CDS offenses, the defendant's post-arrest inculpatory statement and the drugs and drug paraphernalia that the police seized pursuant to a search warrant were properly suppressed. The statement had to be excluded because the Miranda warnings that were issued to the defendant in circumstances that did not constitute custodial interrogation or formal arrest did not vitiate the need to reissue the warnings when he was arrested hours later. In light of the evidence developed at the Miranda hearing, the trial court did not err by reconsidering its decision that there was probable cause for the search warrant, and the drugs and paraphernalia were fruits of the poisonous tree because the only evidence that the police relied on to obtain the search warrant was the defendant's inculpatory statement.
Source: Facts-on-Call Order No. 92860.
_______________________________
4. NUTS & BOLTS OF ELDER LAW
Thursday, May 11, 2006 - 5:00 PM to 9:00 PM
Hilton Garden Inn, Edison
Featuring timely discussion of planning opportunities under the New Medicaid Law & 2006 changes to Will & Probate Law
Speakers:
THOMAS D. BEGLEY, JR., ESQ.
Begley & Bookbinder, PC (Moorestown)
KATHLEEN BROWNING SHERIDAN, ESQ.
Law Offices of Kathleen Browning Sheridan (Ship Bottom)
MARTIN A. SPIGNER, ESQ.
Law Offices of Martin A. Spigner (Cranbury)
KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Elder Law Committee
NJSBA General Practitioner of the Year
Law Offices of Kenneth A. Vercammen (Edison) (Moderator)
SEMINAR FEES - Range between $119-$139. Call New Jersey Institute for Continuing Legal Education (732) 214-8500
Tuition includes dinner and seminar materials with CD-ROM.
Elder law continues to offer professionals a booming opportunity for growth. As your current clients continue to grow older, professionals need to position themselves to be able to offer them and their families the services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice.
This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice. Register today!
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries;
protective clauses; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Basic Tax Considerations
Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Estate Administration & 2006 New Probate Code
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Planning Opportunities Under the New Medicaid Law
Transfer of assets; annuities; when does the penalty start and how does it work?; planning opportunities - lost & gained
• Guardianship changes in 2006
…and more
Presented in cooperation with the NJSBA Young Lawyers Division and the NJSBA Elder & Disability Law Section
NUTS & BOLTS OF ELDER LAW
Thurs., May 11, 2006
5:00 PM to 9:00 PM
Hilton Garden Inn, Edison
Seminar # S578h-12191
DOOR REGISTRATIONS
$179
Can't Attend?
Audio Cassette Tapes/Materials Item No. CP57806
$189
$149*
CD/Materials Item No. CDP57806
$189
$149* (Only Audio CD package can be used for NY CLE credits – non-refundable)
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com
__________________________
5. Upcoming charity races:
5/13 Edison Family Day 5k 9:30am Edison 732-248-7361
5/19, 5/20, 5/21 Commotion By The Ocean $60.00 (by March 1st) - $70.00 (March 2nd – May 1st) - $75.00 Rumson Hash- Neptune, NJ
What You Get: 1st Annual Give-A-Ways, i.e., Commemorative T-Shirt and more. Continuous flow of assorted premium draft beers throughout the weekend (including Guinness, Smithwicks, Anchor Steam, and Pilsner Urquell, just to name a few. Fri. – Sun)
Three incredible events. Scenic Runs, Great Reggae Band, Sun-set Cruise, Train ride, Munchies galore.
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
5/27/2006 The Spring Lake Five Mile Run 5mi, 8:30am Spring Lake NJ 732-449-3544 Register early. Post race party at Bar Anticipation
6. Brendan Vercammen wins wrestling championship
Brendan Vercammen of the South Brunswick Crossroads Middle School won the Middlesex County Large School Championship at 144 pounds. He also won the overall Middlesex County Championship. He defeated the Monmouth County Champion, and was crowned the Tri- County Champ by defeating the Ocean County champ from Toms River.
He qualified for the NJ State Championship held on March 19 in Atlantic County. Other Middlesex County Large school champions were Mike MacMurrary and Sarah Dorsey.
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Recent cases: Confidential informant tip plus police observation permitted stop of car. State v Birkenmeier
2. Expert can testify regarding drug sales. State v. Nesbitt
3. Statement suppressed where Miranda not re-issued after arrest. State v Dispoto
4. NUTS & BOLTS OF ELDER LAW Thursday, May 11, 2006
5. Upcoming charity races: 5/13 Edison Family Day 5k
6. Brendan Vercammen wins wrestling championship
_____________________________________
1. Recent cases: Confidential informant tip plus police observation permitted stop of car. State v Birkenmeier 185 NJ 552 (2006).
Under the circumstances presented, the confidential informant’s information, once corroborated by the observations of the police, provided the reasonable and articulable suspicion required for an investigatory stop of Birkenmeier’s car. Once the car was stopped lawfully and the odor of marijuana detected by the police, probable cause and exigent circumstances existed so as to trigger the automobile exception to the warrant requirement and permit the lawful search of the passenger compartment. Once the police lawfully discovered the marijuana in the passenger compartment, there was a sufficient basis to support the request for Birkenmeier’s consent to a search of his home, which consent, by Birkenmeier’s own admission, was freely and voluntarily given.
2. Expert can testify regarding drug sales. State v. Nesbitt 185 NJ 504 (2006).
There was no error in allowing the expert to testify about methods used by confederates in street-level drug sales. Although the expert’s answer elicited by the hypothetical question improperly relied on terminology from the criminal statute, it did not constitute plain error.
3. Statement suppressed where Miranda not re-issued after arrest. State v Dispoto __ NJ Super. __ (App. Div. 2006) A-146-05T5, decided February 17, 2006.
In a prosecution for CDS offenses, the defendant's post-arrest inculpatory statement and the drugs and drug paraphernalia that the police seized pursuant to a search warrant were properly suppressed. The statement had to be excluded because the Miranda warnings that were issued to the defendant in circumstances that did not constitute custodial interrogation or formal arrest did not vitiate the need to reissue the warnings when he was arrested hours later. In light of the evidence developed at the Miranda hearing, the trial court did not err by reconsidering its decision that there was probable cause for the search warrant, and the drugs and paraphernalia were fruits of the poisonous tree because the only evidence that the police relied on to obtain the search warrant was the defendant's inculpatory statement.
Source: Facts-on-Call Order No. 92860.
_______________________________
4. NUTS & BOLTS OF ELDER LAW
Thursday, May 11, 2006 - 5:00 PM to 9:00 PM
Hilton Garden Inn, Edison
Featuring timely discussion of planning opportunities under the New Medicaid Law & 2006 changes to Will & Probate Law
Speakers:
THOMAS D. BEGLEY, JR., ESQ.
Begley & Bookbinder, PC (Moorestown)
KATHLEEN BROWNING SHERIDAN, ESQ.
Law Offices of Kathleen Browning Sheridan (Ship Bottom)
MARTIN A. SPIGNER, ESQ.
Law Offices of Martin A. Spigner (Cranbury)
KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Elder Law Committee
NJSBA General Practitioner of the Year
Law Offices of Kenneth A. Vercammen (Edison) (Moderator)
SEMINAR FEES - Range between $119-$139. Call New Jersey Institute for Continuing Legal Education (732) 214-8500
Tuition includes dinner and seminar materials with CD-ROM.
Elder law continues to offer professionals a booming opportunity for growth. As your current clients continue to grow older, professionals need to position themselves to be able to offer them and their families the services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice.
This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice. Register today!
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries;
protective clauses; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Basic Tax Considerations
Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Estate Administration & 2006 New Probate Code
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Planning Opportunities Under the New Medicaid Law
Transfer of assets; annuities; when does the penalty start and how does it work?; planning opportunities - lost & gained
• Guardianship changes in 2006
…and more
Presented in cooperation with the NJSBA Young Lawyers Division and the NJSBA Elder & Disability Law Section
NUTS & BOLTS OF ELDER LAW
Thurs., May 11, 2006
5:00 PM to 9:00 PM
Hilton Garden Inn, Edison
Seminar # S578h-12191
DOOR REGISTRATIONS
$179
Can't Attend?
Audio Cassette Tapes/Materials Item No. CP57806
$189
$149*
CD/Materials Item No. CDP57806
$189
$149* (Only Audio CD package can be used for NY CLE credits – non-refundable)
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com
__________________________
5. Upcoming charity races:
5/13 Edison Family Day 5k 9:30am Edison 732-248-7361
5/19, 5/20, 5/21 Commotion By The Ocean $60.00 (by March 1st) - $70.00 (March 2nd – May 1st) - $75.00 Rumson Hash- Neptune, NJ
What You Get: 1st Annual Give-A-Ways, i.e., Commemorative T-Shirt and more. Continuous flow of assorted premium draft beers throughout the weekend (including Guinness, Smithwicks, Anchor Steam, and Pilsner Urquell, just to name a few. Fri. – Sun)
Three incredible events. Scenic Runs, Great Reggae Band, Sun-set Cruise, Train ride, Munchies galore.
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
5/27/2006 The Spring Lake Five Mile Run 5mi, 8:30am Spring Lake NJ 732-449-3544 Register early. Post race party at Bar Anticipation
6. Brendan Vercammen wins wrestling championship
Brendan Vercammen of the South Brunswick Crossroads Middle School won the Middlesex County Large School Championship at 144 pounds. He also won the overall Middlesex County Championship. He defeated the Monmouth County Champion, and was crowned the Tri- County Champ by defeating the Ocean County champ from Toms River.
He qualified for the NJ State Championship held on March 19 in Atlantic County. Other Middlesex County Large school champions were Mike MacMurrary and Sarah Dorsey.
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E211 April 18, 2006
In this issue:
1. New Real Estate Services are offered
2. Expungement/Erase criminal charges
3. Long-term care insurance (LTC) to pay nursing home costs
4 New web articles
5. Upcoming charity races: Eden Family 5K is Sunday April 23
________________________
1. New Real Estate Services are offered
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period. Mr. Vercammen as a licensed real estate agent, is affiliated with Century 21, Cirri Germain on Amboy Avenue in Edison. Century 21 is one of the largest real estate agencies in the country.
If you will be selling a house, please give Kenneth Vercammen a call. Do not pay a 6% commission, but also don't rely on a 2% agency that merely lists your home on the internet, then expects you to do all the work. www.c21cirrigermain.com.
2. Expungement/Erase criminal charges
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.
3. Long-term care insurance (LTC) to pay nursing home costs
By Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
Here are a few of the important things to know about long-term
care insurance:
Cost-of-Living Adjustment (COLA):
Make sure your policy provides automatic increases in the maximum
daily benefit to keep up with inflation. This is especially
important if you are likely to have the policy for a while. The
cost of care is going to be much more 10 or 15 years from now
than it is today.
Home Care:
The policy should cover custodial care expenses incurred in your
home. The greater the coverage the better. More and more
professional long-term care services are being provided in the
patient's home. As this trend continues, you'll be happy you
have the coverage when you need it.
No Hospitalization Requirement:
Make sure the policy does not require a hospital stay before the
benefits kick in. More than 60% of nursing home residents aren't
hospitalized prior to being admitted to a long-term care facility.
Benefit Triggers:
The policy should go into effect if you are unable to perform one
or more "activities of daily living" (ADLs.)
Dementia Included:
Make sure your policy provides coverage for "cognitive
impairment," whether it is because of Alzheimer's or some other
form of dementia.
When choosing a long-term care policy, you must consider your
financial situation and whether you can afford the policy you
want/need. If you have any questions about long-term care
insurance, please call our office.
4. Recent cases:
Juvenile Cannot Be Delinquent For Contempt of Court if conduct not prohibited by statute
http://www.geocities.com/kenvnjlaw/StateinInterestofSS.html
Weapons seized during defective DV search not admissible in criminal case.
http://www.geocities.com/kenvnjlaw/StateVCassidy.html
5. Upcoming charity races: Eden Family 5K is Sunday April 23
Just a reminder that the annual Eden Family 5K is Sunday April 23 in Plainsboro [next to South Brunswick] - Kenneth Vercammen is putting together another team!
When you register, write down under the team category- "RVRR Ken V."
Large trophies, Join the Vercammen team as we seek to repeat as team champions Nearly 200 runners and walkers have already signed up for the 5K and 1 mile Fun Run, and we hope that you too will want to participate in this fun and healthful event benefiting children and adults with autism.
RVRR/ Ken V team won the team competition at the Eden 5k in 2004 and 2005.
WHO: The Eden Family of Services, a Princeton-based nonprofit organization providing a comprehensive continuum of life span services to children and adults with autism
WHAT: 5 kilometer road race (runners and walkers welcome!) and 1 mile Fun Run.
WHEN: Sunday, April 23(rain or shine)
• Fun Run: 7:30-8:15 AM – Registration
8:30 AM – Start
• 5K Race: 7:30-8:45 AM – Registration
9:00 AM - Start
WHERE: Doral Forrestal Conference Center & Spa
100 College Road East, Plainsboro [next to South Brunswick] Princeton, NJ
WHY: Provides runners, walkers, families, sponsors and others the opportunity to support Eden’s mission while also enjoying the camaraderie and friendly competition of a 5K race
DISTINCTIVE
FEATURES: 5K road race and 1 mile fun run on a relatively flat, USATF Certified course • Walkers and families welcome! • T-shirts (while they last) • Refreshments • Awards to 5K age-category and group team winners • Door prizes
Race Director: Gerard Fennelly
Race Hotline: 609-631-9211 or fennelly@fennelly.com
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. New Real Estate Services are offered
2. Expungement/Erase criminal charges
3. Long-term care insurance (LTC) to pay nursing home costs
4 New web articles
5. Upcoming charity races: Eden Family 5K is Sunday April 23
________________________
1. New Real Estate Services are offered
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period. Mr. Vercammen as a licensed real estate agent, is affiliated with Century 21, Cirri Germain on Amboy Avenue in Edison. Century 21 is one of the largest real estate agencies in the country.
If you will be selling a house, please give Kenneth Vercammen a call. Do not pay a 6% commission, but also don't rely on a 2% agency that merely lists your home on the internet, then expects you to do all the work. www.c21cirrigermain.com.
2. Expungement/Erase criminal charges
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.
3. Long-term care insurance (LTC) to pay nursing home costs
By Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
Here are a few of the important things to know about long-term
care insurance:
Cost-of-Living Adjustment (COLA):
Make sure your policy provides automatic increases in the maximum
daily benefit to keep up with inflation. This is especially
important if you are likely to have the policy for a while. The
cost of care is going to be much more 10 or 15 years from now
than it is today.
Home Care:
The policy should cover custodial care expenses incurred in your
home. The greater the coverage the better. More and more
professional long-term care services are being provided in the
patient's home. As this trend continues, you'll be happy you
have the coverage when you need it.
No Hospitalization Requirement:
Make sure the policy does not require a hospital stay before the
benefits kick in. More than 60% of nursing home residents aren't
hospitalized prior to being admitted to a long-term care facility.
Benefit Triggers:
The policy should go into effect if you are unable to perform one
or more "activities of daily living" (ADLs.)
Dementia Included:
Make sure your policy provides coverage for "cognitive
impairment," whether it is because of Alzheimer's or some other
form of dementia.
When choosing a long-term care policy, you must consider your
financial situation and whether you can afford the policy you
want/need. If you have any questions about long-term care
insurance, please call our office.
4. Recent cases:
Juvenile Cannot Be Delinquent For Contempt of Court if conduct not prohibited by statute
http://www.geocities.com/kenvnjlaw/StateinInterestofSS.html
Weapons seized during defective DV search not admissible in criminal case.
http://www.geocities.com/kenvnjlaw/StateVCassidy.html
5. Upcoming charity races: Eden Family 5K is Sunday April 23
Just a reminder that the annual Eden Family 5K is Sunday April 23 in Plainsboro [next to South Brunswick] - Kenneth Vercammen is putting together another team!
When you register, write down under the team category- "RVRR Ken V."
Large trophies, Join the Vercammen team as we seek to repeat as team champions Nearly 200 runners and walkers have already signed up for the 5K and 1 mile Fun Run, and we hope that you too will want to participate in this fun and healthful event benefiting children and adults with autism.
RVRR/ Ken V team won the team competition at the Eden 5k in 2004 and 2005.
WHO: The Eden Family of Services, a Princeton-based nonprofit organization providing a comprehensive continuum of life span services to children and adults with autism
WHAT: 5 kilometer road race (runners and walkers welcome!) and 1 mile Fun Run.
WHEN: Sunday, April 23(rain or shine)
• Fun Run: 7:30-8:15 AM – Registration
8:30 AM – Start
• 5K Race: 7:30-8:45 AM – Registration
9:00 AM - Start
WHERE: Doral Forrestal Conference Center & Spa
100 College Road East, Plainsboro [next to South Brunswick] Princeton, NJ
WHY: Provides runners, walkers, families, sponsors and others the opportunity to support Eden’s mission while also enjoying the camaraderie and friendly competition of a 5K race
DISTINCTIVE
FEATURES: 5K road race and 1 mile fun run on a relatively flat, USATF Certified course • Walkers and families welcome! • T-shirts (while they last) • Refreshments • Awards to 5K age-category and group team winners • Door prizes
Race Director: Gerard Fennelly
Race Hotline: 609-631-9211 or fennelly@fennelly.com
__________________________
Thank You! Thank You! Thank You! Thank You!
Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E210 March 30, 2006
In this issue:
1. No warrantless search of auto after occupants are out.
State v. Eckel
2. Suppression granted where defendant already secured and out of car. State v. Johnel Dunlap
3. new web articles
4 Upcoming charity races
________________________
1. No warrantless search of auto after occupants are out.
State v. Eckel 185 NJ 523 (2006).
A warrantless search of an automobile based not on probable cause but solely on the arrest of a person unable to endanger police or destroy evidence cannot be justified under any exception to the warrant requirement and is unreasonable. Once the occupant of a vehicle has been arrested, removed and secured elsewhere, the considerations informing the search incident to arrest exception are absent and the exception in inapplicable. If the occupant has been arrested but not removed and secured, the court will have to determine on a case-by-case basis whether the suspect was in a position to compromise police safety or evidence to justify resort to the search incident to arrest exception.
2. Suppression granted where defendant already secured and out of car. State v. Johnel Dunlap 185 NJ 543 (2006).
The Supreme Court held, in light of State v. Eckel the search incident to arrest exception is inapplicable here because Dunlap had been secured at a distance from his vehicle and was not a threat to the officers’ safety or to the preservation of the evidence. In addition, the Appellate Division properly held that, although the police clearly had probable cause to search Dunlap’s car, exigent circumstances did not justify the warrantless intrusion, thus obviating resort to the automobile exception to the warrant requirement.
3. new web articles
Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'
http://www.geocities.com/kenvnjlaw/BresocnikVGallegos.html
Increased penalty for drug distribution near public housing constitutional. State v. Brooks
http://www.geocities.com/kenvnjlaw/StateVBrooks.html
Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea. State v. Rucki
http://www.geocities.com/kenvnjlaw/StateVRucki.html
Police Chief even in Minor Discipline matters entitled to representation by counsel. Fraternal Order of Police Lodge #1 v. City of Camden Police Department
http://www.geocities.com/kenvnjlaw/FOPVCamdenPolice.html
4 Upcoming charity races:
4/2/2006 Indian Trails 15k Road Race & 3 Mile Run 9am Middletown NJ 732-842-4317 nice views of Bay, well organized event -Ken is the two time defending champion
4/9 CHERRY BLOSSOM RUN, 10K, 10am, Branch Brook Park, Newark, 973-268-3500, (NBGP-700pts)
4/15- Titusville, Florida 8K, Space Walk of Fame, ROY, 8:00 AM, Spaceview Park, Nancy, 321-749-4494, runningal@cfl.rr.com near Cocoa Beach
4/22 Jersey Shore Relay 732-542-6090 If not running, you can still donate and enjoy the post run party at the Stone Pony
4/23 Eden 5k Princeton area When you register, write down under the team category- "RVRR Ken V."
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can help stop the wrongful conduct and obtain damages for it.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. No warrantless search of auto after occupants are out.
State v. Eckel
2. Suppression granted where defendant already secured and out of car. State v. Johnel Dunlap
3. new web articles
4 Upcoming charity races
________________________
1. No warrantless search of auto after occupants are out.
State v. Eckel 185 NJ 523 (2006).
A warrantless search of an automobile based not on probable cause but solely on the arrest of a person unable to endanger police or destroy evidence cannot be justified under any exception to the warrant requirement and is unreasonable. Once the occupant of a vehicle has been arrested, removed and secured elsewhere, the considerations informing the search incident to arrest exception are absent and the exception in inapplicable. If the occupant has been arrested but not removed and secured, the court will have to determine on a case-by-case basis whether the suspect was in a position to compromise police safety or evidence to justify resort to the search incident to arrest exception.
2. Suppression granted where defendant already secured and out of car. State v. Johnel Dunlap 185 NJ 543 (2006).
The Supreme Court held, in light of State v. Eckel the search incident to arrest exception is inapplicable here because Dunlap had been secured at a distance from his vehicle and was not a threat to the officers’ safety or to the preservation of the evidence. In addition, the Appellate Division properly held that, although the police clearly had probable cause to search Dunlap’s car, exigent circumstances did not justify the warrantless intrusion, thus obviating resort to the automobile exception to the warrant requirement.
3. new web articles
Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'
http://www.geocities.com/kenvnjlaw/BresocnikVGallegos.html
Increased penalty for drug distribution near public housing constitutional. State v. Brooks
http://www.geocities.com/kenvnjlaw/StateVBrooks.html
Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea. State v. Rucki
http://www.geocities.com/kenvnjlaw/StateVRucki.html
Police Chief even in Minor Discipline matters entitled to representation by counsel. Fraternal Order of Police Lodge #1 v. City of Camden Police Department
http://www.geocities.com/kenvnjlaw/FOPVCamdenPolice.html
4 Upcoming charity races:
4/2/2006 Indian Trails 15k Road Race & 3 Mile Run 9am Middletown NJ 732-842-4317 nice views of Bay, well organized event -Ken is the two time defending champion
4/9 CHERRY BLOSSOM RUN, 10K, 10am, Branch Brook Park, Newark, 973-268-3500, (NBGP-700pts)
4/15- Titusville, Florida 8K, Space Walk of Fame, ROY, 8:00 AM, Spaceview Park, Nancy, 321-749-4494, runningal@cfl.rr.com near Cocoa Beach
4/22 Jersey Shore Relay 732-542-6090 If not running, you can still donate and enjoy the post run party at the Stone Pony
4/23 Eden 5k Princeton area When you register, write down under the team category- "RVRR Ken V."
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can help stop the wrongful conduct and obtain damages for it.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E209 March 19, 2006
In this issue:
1. Alcotest breath machine use stopped in certain counties
2. Refusal to provide name to officer not criminal obstructing
3. Car can be searched in prison parking lot.
4. Juvenile Touching of another's buttocks during inappropriate horseplay not a violation of criminal sexual contact
5. Conviction for possession controlled dangerous substances in park zone permissible despite defendant's being outside of the 500 foot limit
6. If You Are Hurt In An Accident, We Can Help
_____________________________
1. Alcotest breath machine use stopped in certain counties
The Supreme Court on March 15 ordered the State to halt any further expansion of the Alcotest roll out in the state pending their decision. The hearing is now scheduled for 9/18/06 thru 10/20/06 and then there must be an opinion from the special master and then briefs to the Supreme Court before any decision. Many counties will use the old breathalyzer machine. The Attorney General had planned to implement the new Alcotest 7110 MkIIIc as the case proceeding, but the court said "no further expansion of the Alcotest should be undertaken without obtaining prior authorization from the Supreme Court...(and) it is not likely that such a request... will be ...granted."
___________________
2. Refusal to provide name to officer not criminal obstructing. State v. Camillo ___ NJ Super. ___ (App. Div. 2005.) A-2189-04T3 Decided December 27, 2005
Defendant's refusal to provide his name, date of birth, and Social Security number to a state trooper who required the information to complete an incident report was not a violation of the obstruction statute, N.J.S.A. 2C:29-1a, which requires, among other things, that the obstruction or interference with the administration of law be "any means of flight, intimidation, force, violence, or physical interference or obstacle," none of which were present here.
3. Car can be searched in prison parking lot. State v. Daniels ___ NJ Super ___ (App. Div. 2005.) A-7023-03T4 Decided December 16, 2005
The trial court properly denied the defendant's motion to suppress the heroin seized from the interior of her vehicle pursuant to a Department of Corrections policy for searching prison visitors.
4. Juvenile Touching of another's buttocks during inappropriate horseplay not a violation of criminal sexual contact. In Re D.W. ___ NJ Super. ___ (2005.) A-1980-04T4 Decided October 8, 2005
While the evidence supported the trial judge's finding that the juvenile had touched the victim's buttocks, and caused her embarrassment, the court determined that the evidence was insufficient to warrant a finding that the juvenile's purpose was to degrade or humiliate her in violation of N.J.S.A. 2C:14-3(b). Common sense required a rejection of the state's claim that the juvenile engaged in criminal sexual contact because the juvenile's conduct only amounted to inappropriate horseplay between classmates.
5. Conviction for possession controlled dangerous substances in park zone permissible despite defendant's being outside of the 500 foot limit. State v. Lewis 182 NJ 428 (2005.)
A defendant who constructively possesses a controlled dangerous substance may be convicted under N.J.S.A. 2C:35-7.1 for possessing with intent to distribute a CDS within 500 feet of a public park, even though the CDS are beyond the 500-foot limit; here, the evidence that the nearby stash contained both marijuana and cocaine supported the reasonable inference that, depending on the drug requested by the buyer, defendant intended to distribute both drugs within the park zone. Source: 182 N.J.L.J. 1113
6. If You Are Hurt In An Accident, We Can Help
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Alcotest breath machine use stopped in certain counties
2. Refusal to provide name to officer not criminal obstructing
3. Car can be searched in prison parking lot.
4. Juvenile Touching of another's buttocks during inappropriate horseplay not a violation of criminal sexual contact
5. Conviction for possession controlled dangerous substances in park zone permissible despite defendant's being outside of the 500 foot limit
6. If You Are Hurt In An Accident, We Can Help
_____________________________
1. Alcotest breath machine use stopped in certain counties
The Supreme Court on March 15 ordered the State to halt any further expansion of the Alcotest roll out in the state pending their decision. The hearing is now scheduled for 9/18/06 thru 10/20/06 and then there must be an opinion from the special master and then briefs to the Supreme Court before any decision. Many counties will use the old breathalyzer machine. The Attorney General had planned to implement the new Alcotest 7110 MkIIIc as the case proceeding, but the court said "no further expansion of the Alcotest should be undertaken without obtaining prior authorization from the Supreme Court...(and) it is not likely that such a request... will be ...granted."
___________________
2. Refusal to provide name to officer not criminal obstructing. State v. Camillo ___ NJ Super. ___ (App. Div. 2005.) A-2189-04T3 Decided December 27, 2005
Defendant's refusal to provide his name, date of birth, and Social Security number to a state trooper who required the information to complete an incident report was not a violation of the obstruction statute, N.J.S.A. 2C:29-1a, which requires, among other things, that the obstruction or interference with the administration of law be "any means of flight, intimidation, force, violence, or physical interference or obstacle," none of which were present here.
3. Car can be searched in prison parking lot. State v. Daniels ___ NJ Super ___ (App. Div. 2005.) A-7023-03T4 Decided December 16, 2005
The trial court properly denied the defendant's motion to suppress the heroin seized from the interior of her vehicle pursuant to a Department of Corrections policy for searching prison visitors.
4. Juvenile Touching of another's buttocks during inappropriate horseplay not a violation of criminal sexual contact. In Re D.W. ___ NJ Super. ___ (2005.) A-1980-04T4 Decided October 8, 2005
While the evidence supported the trial judge's finding that the juvenile had touched the victim's buttocks, and caused her embarrassment, the court determined that the evidence was insufficient to warrant a finding that the juvenile's purpose was to degrade or humiliate her in violation of N.J.S.A. 2C:14-3(b). Common sense required a rejection of the state's claim that the juvenile engaged in criminal sexual contact because the juvenile's conduct only amounted to inappropriate horseplay between classmates.
5. Conviction for possession controlled dangerous substances in park zone permissible despite defendant's being outside of the 500 foot limit. State v. Lewis 182 NJ 428 (2005.)
A defendant who constructively possesses a controlled dangerous substance may be convicted under N.J.S.A. 2C:35-7.1 for possessing with intent to distribute a CDS within 500 feet of a public park, even though the CDS are beyond the 500-foot limit; here, the evidence that the nearby stash contained both marijuana and cocaine supported the reasonable inference that, depending on the drug requested by the buyer, defendant intended to distribute both drugs within the park zone. Source: 182 N.J.L.J. 1113
6. If You Are Hurt In An Accident, We Can Help
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
_____________________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E208 March 12, 2006
In this issue:
1. Living trust does not minimize estate taxes
2 Recent Personal Injury cases
3. NJ Municipal Court Law Review
4. The "New Jersey Smoke-Free Air Act
5 Municipal ordinance fines can be increased from $1,250 to $2,000
6. DRUNK DRIVING- community care-taking permitted questioning parked car
_____________________________
1. Living trust does not minimize estate taxes
One of the most controversial topics in New Jersey estate planning is the incorporation of a living trust. A popular and well publicized technique nationally; the living trust is not as useful a technique in a New Jersey estate plan. A living trust does not minimize estate taxes due. Rather, it is a technique used to avoid the other expense of death, probate costs. Furthermore, it is somewhat successful at keeping an estate private.
However, New Jersey's probate costs are relatively inexpensive. New Jersey has the privilege of being one of the cheapest states in the country when it comes to probate fees. The average estate in New Jersey only costs a few hundred dollars to probate. So, if you are not concerned about the privacy of your estate, why would one use a living trust in New Jersey? The answer to that question is Real Estate. If you own real property in a state, say for example New Jersey, you are required to probate your estate in that state. An estate that has real estate in multiple states, for example a Pennsylvania resident who owns a New Jersey shore home, you must probate your will in multiple states. That means you are not only subject to Pennsylvania probate costs, but New Jersey costs as well. The need for a living trust becomes more apparent
Take Jim for example. Jim visits his estate-planning attorney this year. He discloses all of his assets to his attorney, including his home in Cherry Hill, New Jersey, and his shore home in Margate, New Jersey. Jim is not interested in keeping his estate private. He informs his attorney that he has heard that a living trust is a great estate planning technique, and all his friends are incorporating them into their estate plan. Jim's attorney informs him that all estate plans are different and that may be an appropriate technique for his friend's estates, but after careful consideration, it is not a good technique for him. Such a technique would only result in a higher legal fee and avoid a minimal probate cost. For more information on Medicaid and trusts, call Tom Begley Jr., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey. He can be contacted at 800-533-7227.
2 Recent Personal Injury cases:
Pardo v. Omar Dominguez (A-3388-04T3)
Herniated disc in car accident satisfies the verbal threshold.
Afram v. Heller (A-4840-03T3)- Under N.J.S.A. 39:6A-8a car insurance law, chiropractors are qualified to render opinions on causation and permanency in respect of the types of injuries they treat. The rationales of the trial court opinions in Pensabene v. Straus, 342 N.J. Super. 196 (Law Div. 2001) and Olarte v. Crocker, ___ N.J. Super. ___ (Law Div. 2002)(2002 WL 32086768; 2002 N.J. Super. Lexis 541) are substantially adopted.
3. NJ Municipal Court Law Review - subscription info
Kenneth Vercammen served as a Municipal Prosecutor for nine years. To better provide other prosecutors, police, attorneys and judges with updates in criminal and traffic law, he established the NJ Municipal Court Law Review in 1995.
Police and Courts find the new cases helpful on issues of traffic law and search and seizure. Attorneys and Prosecutors who practice in the Municipal Court and Criminal Courts will want to receive quarterly updates on cases, selected revised motor vehicle laws, and information on Municipal Court practice. For a subscription, please send $20.00
______________________
4. The "New Jersey Smoke-Free Air Act," effective April 15, 2006 prohibits smoking in workplaces and indoor public places throughout the State, except for certain specifically exempted establishments, and also prohibits smoking in any area of any public or nonpublic elementary or secondary school, whether in the buildings or on the grounds of the school.
"indoor public place" to mean a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public. (This term is explicitly defined to include the following as examples: commercial office buildings, retail establishments, government offices, schools, sporting arenas, bars, restaurants, public libraries, museums, public conveyances, hotels and motels, child care centers, health care facilities, waiting rooms in physicians' and other health care providers' offices, recreational facilities and passenger elevators.)
_____________________
5 Municipal ordinance fines can be increased from $1,250 to $2,000
This new law NJSA. 40:49-5 amend the laws governing municipal fines to increase the maximum fine that may be imposed for the first violation of a municipal ordinance from $1,250 to $2,000. The maximum fine was last changed in 2001, when it was increased from $1,000 to $1,250.
Under the law, prior to imposing a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes a municipality would be required to provide a 30-day period in which the owner would be afforded: 1) an opportunity to cure or abate the condition and 2) an opportunity for a judicial hearing for an independent determination concerning the violation. Once the 30-day period has run, a municipality could impose a fine greater than $1,250 if the abatement has not been substantially completed unless a court has determined otherwise.
Approved January 5, 2006.
6. DRUNK DRIVING- community care-taking permitted questioning parked car
STATE v. CORBOSIERO
Appellate Division, A-2110-04T1, October 18, 2005, not approved for publication. Facts-on-Call Order No. 18678
Conviction of driving while intoxicated after a trial de novo in the Law Division affirmed; a police officer on routine patrol at 2:30 a.m. observed the defendant's motor vehicle parked with its engine and its lights on in the parking lot of a store that had closed at 9 p.m.; the officer approached the vehicle because he was concerned about the intentions and the well-being of its occupants; the defendant was unable to produce a driver's license, and the officer's observations led him to conduct field sobriety tests, which resulted in the defendant's arrest; contrary to the defendant's argument on appeal, the Law Division did not err by denying his motion to suppress evidence of his intoxication because the officer was acting within the scope of his community care-taking function when he approached the defendant's vehicle.
Upcoming events:
March 20 Edison Will seminar Edison HS
March 27 Edison Chamber - Taste of Middlesex- Pines
April 1 - Edison Elks Officer Installation
New articles on the internet:
PRENUPTIAL AGREEMENTS TO PROTECT YOUR ASSETS IN CASE OF DIVORCE
http://www.geocities.com/kenvnjlaw/PrenuptialAgreement.html
NJ Standard Refusal Warning to DWI Drivers
http://www.geocities.com/kenvnjlaw/NJStandardRefusalWarning.htm
___________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Living trust does not minimize estate taxes
2 Recent Personal Injury cases
3. NJ Municipal Court Law Review
4. The "New Jersey Smoke-Free Air Act
5 Municipal ordinance fines can be increased from $1,250 to $2,000
6. DRUNK DRIVING- community care-taking permitted questioning parked car
_____________________________
1. Living trust does not minimize estate taxes
One of the most controversial topics in New Jersey estate planning is the incorporation of a living trust. A popular and well publicized technique nationally; the living trust is not as useful a technique in a New Jersey estate plan. A living trust does not minimize estate taxes due. Rather, it is a technique used to avoid the other expense of death, probate costs. Furthermore, it is somewhat successful at keeping an estate private.
However, New Jersey's probate costs are relatively inexpensive. New Jersey has the privilege of being one of the cheapest states in the country when it comes to probate fees. The average estate in New Jersey only costs a few hundred dollars to probate. So, if you are not concerned about the privacy of your estate, why would one use a living trust in New Jersey? The answer to that question is Real Estate. If you own real property in a state, say for example New Jersey, you are required to probate your estate in that state. An estate that has real estate in multiple states, for example a Pennsylvania resident who owns a New Jersey shore home, you must probate your will in multiple states. That means you are not only subject to Pennsylvania probate costs, but New Jersey costs as well. The need for a living trust becomes more apparent
Take Jim for example. Jim visits his estate-planning attorney this year. He discloses all of his assets to his attorney, including his home in Cherry Hill, New Jersey, and his shore home in Margate, New Jersey. Jim is not interested in keeping his estate private. He informs his attorney that he has heard that a living trust is a great estate planning technique, and all his friends are incorporating them into their estate plan. Jim's attorney informs him that all estate plans are different and that may be an appropriate technique for his friend's estates, but after careful consideration, it is not a good technique for him. Such a technique would only result in a higher legal fee and avoid a minimal probate cost. For more information on Medicaid and trusts, call Tom Begley Jr., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey. He can be contacted at 800-533-7227.
2 Recent Personal Injury cases:
Pardo v. Omar Dominguez (A-3388-04T3)
Herniated disc in car accident satisfies the verbal threshold.
Afram v. Heller (A-4840-03T3)- Under N.J.S.A. 39:6A-8a car insurance law, chiropractors are qualified to render opinions on causation and permanency in respect of the types of injuries they treat. The rationales of the trial court opinions in Pensabene v. Straus, 342 N.J. Super. 196 (Law Div. 2001) and Olarte v. Crocker, ___ N.J. Super. ___ (Law Div. 2002)(2002 WL 32086768; 2002 N.J. Super. Lexis 541) are substantially adopted.
3. NJ Municipal Court Law Review - subscription info
Kenneth Vercammen served as a Municipal Prosecutor for nine years. To better provide other prosecutors, police, attorneys and judges with updates in criminal and traffic law, he established the NJ Municipal Court Law Review in 1995.
Police and Courts find the new cases helpful on issues of traffic law and search and seizure. Attorneys and Prosecutors who practice in the Municipal Court and Criminal Courts will want to receive quarterly updates on cases, selected revised motor vehicle laws, and information on Municipal Court practice. For a subscription, please send $20.00
______________________
4. The "New Jersey Smoke-Free Air Act," effective April 15, 2006 prohibits smoking in workplaces and indoor public places throughout the State, except for certain specifically exempted establishments, and also prohibits smoking in any area of any public or nonpublic elementary or secondary school, whether in the buildings or on the grounds of the school.
"indoor public place" to mean a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public. (This term is explicitly defined to include the following as examples: commercial office buildings, retail establishments, government offices, schools, sporting arenas, bars, restaurants, public libraries, museums, public conveyances, hotels and motels, child care centers, health care facilities, waiting rooms in physicians' and other health care providers' offices, recreational facilities and passenger elevators.)
_____________________
5 Municipal ordinance fines can be increased from $1,250 to $2,000
This new law NJSA. 40:49-5 amend the laws governing municipal fines to increase the maximum fine that may be imposed for the first violation of a municipal ordinance from $1,250 to $2,000. The maximum fine was last changed in 2001, when it was increased from $1,000 to $1,250.
Under the law, prior to imposing a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes a municipality would be required to provide a 30-day period in which the owner would be afforded: 1) an opportunity to cure or abate the condition and 2) an opportunity for a judicial hearing for an independent determination concerning the violation. Once the 30-day period has run, a municipality could impose a fine greater than $1,250 if the abatement has not been substantially completed unless a court has determined otherwise.
Approved January 5, 2006.
6. DRUNK DRIVING- community care-taking permitted questioning parked car
STATE v. CORBOSIERO
Appellate Division, A-2110-04T1, October 18, 2005, not approved for publication. Facts-on-Call Order No. 18678
Conviction of driving while intoxicated after a trial de novo in the Law Division affirmed; a police officer on routine patrol at 2:30 a.m. observed the defendant's motor vehicle parked with its engine and its lights on in the parking lot of a store that had closed at 9 p.m.; the officer approached the vehicle because he was concerned about the intentions and the well-being of its occupants; the defendant was unable to produce a driver's license, and the officer's observations led him to conduct field sobriety tests, which resulted in the defendant's arrest; contrary to the defendant's argument on appeal, the Law Division did not err by denying his motion to suppress evidence of his intoxication because the officer was acting within the scope of his community care-taking function when he approached the defendant's vehicle.
Upcoming events:
March 20 Edison Will seminar Edison HS
March 27 Edison Chamber - Taste of Middlesex- Pines
April 1 - Edison Elks Officer Installation
New articles on the internet:
PRENUPTIAL AGREEMENTS TO PROTECT YOUR ASSETS IN CASE OF DIVORCE
http://www.geocities.com/kenvnjlaw/PrenuptialAgreement.html
NJ Standard Refusal Warning to DWI Drivers
http://www.geocities.com/kenvnjlaw/NJStandardRefusalWarning.htm
___________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E207 February 26, 2006
In this issue:
1. Resource and Income Limitations for Spouses of Medicaid Applicants
2. STATE v. KRONFELD Guilty on No insurance if expired
3. Stuck accelerator defense rejected in careless driving STATE v. HAWLEY
4. Medical report rejected in DWI STATE v. KOLIBABA
5 Upcoming events: NJSBA Municipal Court Practice Section Monday, February 27
_____________________________
1. Resource and Income Limitations for Spouses of Medicaid Applicants
by Dana E. Bookbinder, Esquire
Now that the President has signed the Deficit Reduction Act of 2005, it is even more crucial for families to be proactive in protecting their loved one’s health care options and financial savings. Often individuals are lulled into thinking that the government will not aggressively pursue their assets if they don’t engage in legal planning, but the opposite is in fact true. In cases of married couples, the healthier spouse often mistakenly believes that his or her assets are safe while only the ill spouse’s assets have to be paid to a nursing facility for that spouse’s care. Again, this is incorrect, and early legal planning can save the family much grief in addition to substantial assets. While both married and single individuals can substantially benefit from early legal planning, under Congress’ new budget saving scheme, married couples, in particular, would be passing up the opportunity to protect their savings if they failed to seek legal counsel since the asset and income limitations they would face for Medicaid eligibility are low.
The resource allowance permitted to be retained by the spouse of a benefits recipient is known as the “Community Spouse Resource Allowance” (CSRA). This allowance was established by the Medicaid Coverage Catastrophic Act (MCCA), enacted to apply to individuals institutionalized on or after September 30,1989 to protect spouses against impoverishment.
The amount of the community spouse resource allowance is generally based on one half (1/2) of the couple’s combined total countable resources as of the first period of continuous institutionalization. A resource assessment of the couple’s countable assets as of the first period of continuous institutionalization of one of the spouses will be undertaken when a Medicaid application is filed. By law, it must also be done upon the request of the Medicaid applicant, the applicant’s spouse, or the personal representative of the applicant or the spouse. A continuous period of institutionalization is broken by absences from the institution for thirty consecutive days. For 2006, the CSRA is subject to a maximum of $99,540 and a minimum of $19,908. These numbers are adjusted on an annual basis.
In addition to a resource allowance, the spouse of a Medicaid recipient is entitled to a monthly income allowance. Generally, the income of an individual who is institutionalized must be forwarded to his nursing home on a monthly basis. However, this spouse is allowed to retain her own income plus, depending on the amount of her income, a monthly allowance to be taken from the institutionalized spouse’s income. This allowance is called the Minimum Monthly Maintenance Needs Allowance (MMMNA). Currently, the amount is based upon the difference between $1,604 and the community spouse’s income plus an additional amount to cover shelter expenses for the community spouse. The shelter expenses are based upon the actual mortgage and real estate taxes that must be paid plus certain allowances for utilities. These figures upon which the MMMNA calculation are based are adjusted annually.
Failure to plan ahead for the long-term care costs of a spouse can severely impact the healthy spouse’s financial status. However, elder law attorneys can increase both the spouse’s resource and income allowances through agency hearings. Additionally without a hearing, elder law attorneys can help their clients maintain their standards of living, enabling them to continue living independently in their homes.
For Medicaid Planning, schedule an appointment with Tom Begley Jr.
Begley & Bookbinder, P.C. is 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 Recent cases:
MOTOR VEHICLES- STATE v. KRONFELD Guilty on No insurance if expired
Appellate Division, A-1535-04T5, November 9, 2005, not approved for publication. Source: Facts-on-Call Order No. 18790.
Convictions after a trial de novo in the Law Division of operating a motor vehicle as an uninsured motorist and driving an unregistered vehicle affirmed; after issuing the defendant a warning for parking her vehicle illegally, the police officer learned from his computer that the vehicle's registration was expired, and the defendant produced an expired registration and an expired insurance card; the Municipal Court found that the officer had testified credibly that the defendant had admitted knowing that she did not have insurance or a valid registration, and the Law Division found that the officer's testimony was truthful and was corroborated by a notice of cancellation from the defendant's insurer; the conviction of operating a motor vehicle as an uninsured motorist was supported by the defendant's admissions and the documentary evidence, and the defendant's argument that the State had not proved that she had failed to maintain her vehicle registration lacked merit.
3. Stuck accelerator defense rejected in careless driving STATE v. HAWLEY
Appellate Division, A-2299-04T3, November 10, 2005, not approved for publication. (5 pages).
Conviction of careless driving after a trial de novo in the Law Division affirmed; the defendant was backing up his pickup truck at the municipal waste disposal facility when his truck struck and killed a woman who was emptying her trash into a garbage truck; the defendant claimed that his accelerator stuck, but the Municipal Court did not find the defendant or his experts credible, and it credited the testimony of the State's experts; the Law Division agreed with the Municipal Court's findings as to credibility and concluded that the accident was caused by the defendant's use of the accelerator instead of the brake; the record, including eyewitness and expert testimony, supported the Law Division's conclusions. Source: Facts-on-Call Order No. 18801.
4. Medical report rejected in DWI STATE v. KOLIBABA
Appellate Division, A-511-04T1, November 14, 2005, not approved for publication.
Denial of the defendant's application for post-conviction relief after she pleaded guilty to driving while intoxicated affirmed; the PCR application asserted claims of newly discovered evidence and ineffective assistance of counsel based on the defendant's claim that she suffered from a medical condition that causes reduced blood-sugar levels, mimics the signs of alcohol ingestion, and artificially elevates Breathalyzer results; the Law Division properly concluded (1) that the defendant knew of her medical condition before her plea, (2) that no evidence supported the conclusion that defense counsel's failure to raise the defendant's medical condition as a defense was a deviation from the relevant standard of performance, and (3) that the report that the defendant submitted to support her PCR application lacked the capacity to change the outcome. Source: Facts-on-Call Order No. 18809.
_____________________
5 Upcoming events:
NJSBA Municipal Court Practice Section
Date: Monday, February 27 - Drug Cases in Municipal Court
Speaker: Robert Ramsey, Esq., Author
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Sunday March 5 Belmar St Patricks parade Ken Vercammen is seeking a ride from South Brunswick/ North Brunswick/ Edison Belmar for the St Patricks Belmar parade. Also hoping to get a ride back.
March 12 St Patrick Parade - Woodbridge
March 15 Middlesex Bar Awards Dinner - Law Center
March 20 Edison Will seminar Edison HS
March 27 Edison Chamber - Taste of Middlesex- Pines
April 1 - Edison Elks Officer Installation
April 10- NJ Bar Municipal Court meeting
___________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Resource and Income Limitations for Spouses of Medicaid Applicants
2. STATE v. KRONFELD Guilty on No insurance if expired
3. Stuck accelerator defense rejected in careless driving STATE v. HAWLEY
4. Medical report rejected in DWI STATE v. KOLIBABA
5 Upcoming events: NJSBA Municipal Court Practice Section Monday, February 27
_____________________________
1. Resource and Income Limitations for Spouses of Medicaid Applicants
by Dana E. Bookbinder, Esquire
Now that the President has signed the Deficit Reduction Act of 2005, it is even more crucial for families to be proactive in protecting their loved one’s health care options and financial savings. Often individuals are lulled into thinking that the government will not aggressively pursue their assets if they don’t engage in legal planning, but the opposite is in fact true. In cases of married couples, the healthier spouse often mistakenly believes that his or her assets are safe while only the ill spouse’s assets have to be paid to a nursing facility for that spouse’s care. Again, this is incorrect, and early legal planning can save the family much grief in addition to substantial assets. While both married and single individuals can substantially benefit from early legal planning, under Congress’ new budget saving scheme, married couples, in particular, would be passing up the opportunity to protect their savings if they failed to seek legal counsel since the asset and income limitations they would face for Medicaid eligibility are low.
The resource allowance permitted to be retained by the spouse of a benefits recipient is known as the “Community Spouse Resource Allowance” (CSRA). This allowance was established by the Medicaid Coverage Catastrophic Act (MCCA), enacted to apply to individuals institutionalized on or after September 30,1989 to protect spouses against impoverishment.
The amount of the community spouse resource allowance is generally based on one half (1/2) of the couple’s combined total countable resources as of the first period of continuous institutionalization. A resource assessment of the couple’s countable assets as of the first period of continuous institutionalization of one of the spouses will be undertaken when a Medicaid application is filed. By law, it must also be done upon the request of the Medicaid applicant, the applicant’s spouse, or the personal representative of the applicant or the spouse. A continuous period of institutionalization is broken by absences from the institution for thirty consecutive days. For 2006, the CSRA is subject to a maximum of $99,540 and a minimum of $19,908. These numbers are adjusted on an annual basis.
In addition to a resource allowance, the spouse of a Medicaid recipient is entitled to a monthly income allowance. Generally, the income of an individual who is institutionalized must be forwarded to his nursing home on a monthly basis. However, this spouse is allowed to retain her own income plus, depending on the amount of her income, a monthly allowance to be taken from the institutionalized spouse’s income. This allowance is called the Minimum Monthly Maintenance Needs Allowance (MMMNA). Currently, the amount is based upon the difference between $1,604 and the community spouse’s income plus an additional amount to cover shelter expenses for the community spouse. The shelter expenses are based upon the actual mortgage and real estate taxes that must be paid plus certain allowances for utilities. These figures upon which the MMMNA calculation are based are adjusted annually.
Failure to plan ahead for the long-term care costs of a spouse can severely impact the healthy spouse’s financial status. However, elder law attorneys can increase both the spouse’s resource and income allowances through agency hearings. Additionally without a hearing, elder law attorneys can help their clients maintain their standards of living, enabling them to continue living independently in their homes.
For Medicaid Planning, schedule an appointment with Tom Begley Jr.
Begley & Bookbinder, P.C. is 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 Recent cases:
MOTOR VEHICLES- STATE v. KRONFELD Guilty on No insurance if expired
Appellate Division, A-1535-04T5, November 9, 2005, not approved for publication. Source: Facts-on-Call Order No. 18790.
Convictions after a trial de novo in the Law Division of operating a motor vehicle as an uninsured motorist and driving an unregistered vehicle affirmed; after issuing the defendant a warning for parking her vehicle illegally, the police officer learned from his computer that the vehicle's registration was expired, and the defendant produced an expired registration and an expired insurance card; the Municipal Court found that the officer had testified credibly that the defendant had admitted knowing that she did not have insurance or a valid registration, and the Law Division found that the officer's testimony was truthful and was corroborated by a notice of cancellation from the defendant's insurer; the conviction of operating a motor vehicle as an uninsured motorist was supported by the defendant's admissions and the documentary evidence, and the defendant's argument that the State had not proved that she had failed to maintain her vehicle registration lacked merit.
3. Stuck accelerator defense rejected in careless driving STATE v. HAWLEY
Appellate Division, A-2299-04T3, November 10, 2005, not approved for publication. (5 pages).
Conviction of careless driving after a trial de novo in the Law Division affirmed; the defendant was backing up his pickup truck at the municipal waste disposal facility when his truck struck and killed a woman who was emptying her trash into a garbage truck; the defendant claimed that his accelerator stuck, but the Municipal Court did not find the defendant or his experts credible, and it credited the testimony of the State's experts; the Law Division agreed with the Municipal Court's findings as to credibility and concluded that the accident was caused by the defendant's use of the accelerator instead of the brake; the record, including eyewitness and expert testimony, supported the Law Division's conclusions. Source: Facts-on-Call Order No. 18801.
4. Medical report rejected in DWI STATE v. KOLIBABA
Appellate Division, A-511-04T1, November 14, 2005, not approved for publication.
Denial of the defendant's application for post-conviction relief after she pleaded guilty to driving while intoxicated affirmed; the PCR application asserted claims of newly discovered evidence and ineffective assistance of counsel based on the defendant's claim that she suffered from a medical condition that causes reduced blood-sugar levels, mimics the signs of alcohol ingestion, and artificially elevates Breathalyzer results; the Law Division properly concluded (1) that the defendant knew of her medical condition before her plea, (2) that no evidence supported the conclusion that defense counsel's failure to raise the defendant's medical condition as a defense was a deviation from the relevant standard of performance, and (3) that the report that the defendant submitted to support her PCR application lacked the capacity to change the outcome. Source: Facts-on-Call Order No. 18809.
_____________________
5 Upcoming events:
NJSBA Municipal Court Practice Section
Date: Monday, February 27 - Drug Cases in Municipal Court
Speaker: Robert Ramsey, Esq., Author
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Sunday March 5 Belmar St Patricks parade Ken Vercammen is seeking a ride from South Brunswick/ North Brunswick/ Edison Belmar for the St Patricks Belmar parade. Also hoping to get a ride back.
March 12 St Patrick Parade - Woodbridge
March 15 Middlesex Bar Awards Dinner - Law Center
March 20 Edison Will seminar Edison HS
March 27 Edison Chamber - Taste of Middlesex- Pines
April 1 - Edison Elks Officer Installation
April 10- NJ Bar Municipal Court meeting
___________________
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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E206 February 20, 2006
In this issue:
1. Long-term Care Insurance (LTC).
2 Recent cases: Confidential statements may be subject to criminal subpoenas.
3 DMV surcharge not subject to discharge.
4. Flight from illegal stop not a crime.
5- New articles on website NJlaws:
Summons, Complaint & Answer in family cases
Parole
Going to Court
New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist.
5:3-4. Counsel: Appearance; Prosecutor in Family Court cases
Rule 5:1-4. Differentiated Case Management in Civil Family Actions
RULE 5:5. Pretrial Procedures and Discovery in family cases
_____________________________
1. Long-term Care Insurance (LTC).
The following information has been suggested by the Pavese-McCormick Agency, Inc.:
Here are a few of the important things to know about long-term
care insurance:
Cost-of-Living Adjustment (COLA)
Make sure your policy provides automatic increases in the
maximum daily benefit to keep up with inflation. This is
especially important if you are likely to have the policy for a
while. The cost of care is going to be much more 10 or 15 years
from now than it is today.
Home Care
The policy should cover custodial care expenses incurred in your
home. The more coverage the better. More and more, professional
long-term care services are being provided in the patient's home.
As this trend continues, you'll be happy you have the coverage
when you need it.
No Hospitalization Requirement
Make sure the policy does not require a hospital stay before the
benefits kick in. More than 60% of nursing home residents aren't
hospitalized prior to being admitted to a long-term care facility.
Benefit Triggers
The policy should go into effect if you are unable to perform one
or more "activities of daily living" (Addles.)
Dementia Included
Make sure your policy provides coverage for "cognitive
impairment," whether it is because of Alzheimer's or some other
form of dementia.
When choosing a long-term care policy, you must consider your
financial situation and whether you can afford the policy you
want/need. If you have any questions about long-term care
insurance, please call our office.
Have a great day!
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
_______________________
2 Recent cases: Confidential statements may be subject to criminal subpoenas. State v. Joseph Clark 381 NJ Super. 41 (App. Div. 2005).
Defendants, one of whom is a retired municipal court judge, are charged with tampering with public records, N.J.S.A. 2C:28-7a(2), and falsifying or tampering with records, N.J.S.A. 2C:21-4a. The state is entitle to subpoena the statements of three defendants provided to the Advisory Committee on Judicial Conduct, notwithstanding the confidentiality provisions of R. 2:15-20. The defendants presented no objections to the subpoena; only the ACJC sought to have it quashed.
3 DMV surcharge not subject to discharge. In Re Schick 418 F. 3d. 321 (3rd Cir. 2005).
The circuit panel considers whether, under the Bankruptcy Code, a lien held by the N.J. Motor Vehicles Commission for unpaid motor vehicle surcharges and interest constitutes a judicial lien -- which may be avoided by the debtor to the extent that it impairs her entitlement to a homestead exemption -- or a statutory lien, which may not be avoided. Noting the split among the district courts on this issue, the panel holds that the lien is statutory, and affirms the decision of the District Court in this case.
4. Flight from illegal stop not a crime. State v. Williams ___ NJ Super. ___ (App. Div. 2005.) A-596-03T4
The defendant Marcellus Williams' motion to suppress evidence should have been granted because the police lacked a reasonable and articulable suspicion to conduct an investigatory stop that was based on an anonymous tip which described the readily observable location and appearance of the subject but which alleged criminal activity that was never corroborated. Furthermore, the search that followed the defendant's flight could not be legitimized as incidental to his arrest because his nonviolent flight from the unreasonable search and seizure could not be validly criminalized.
__________________________________
5- New articles on website NJlaws:
Summons, Complaint & Answer in family cases
http://www.njlaws.com/complaint-answer-in-family-cases.htm
Parole
http://www.njlaws.com/parole.htm
Going to Court
http://www.njlaws.com/going_to_court.htm
New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist.
http://www.njlaws.com/refrain-from-imposing-license-suspension.htm
5:3-4. Counsel: Appearance; Prosecutor in Family Court cases
http://www.njlaws.com/counsel_appearance_prosecutor.htm
Rule 5:1-4. Differentiated Case Management in Civil Family Actions
http://www.njlaws.com/differentiated-case-management.htm
RULE 5:5. Pretrial Procedures and Discovery in family cases
http://www.njlaws.com/pretrial-procedures-and-discovery-family-cases.htm
___________________
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
The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Long-term Care Insurance (LTC).
2 Recent cases: Confidential statements may be subject to criminal subpoenas.
3 DMV surcharge not subject to discharge.
4. Flight from illegal stop not a crime.
5- New articles on website NJlaws:
Summons, Complaint & Answer in family cases
Parole
Going to Court
New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist.
5:3-4. Counsel: Appearance; Prosecutor in Family Court cases
Rule 5:1-4. Differentiated Case Management in Civil Family Actions
RULE 5:5. Pretrial Procedures and Discovery in family cases
_____________________________
1. Long-term Care Insurance (LTC).
The following information has been suggested by the Pavese-McCormick Agency, Inc.:
Here are a few of the important things to know about long-term
care insurance:
Cost-of-Living Adjustment (COLA)
Make sure your policy provides automatic increases in the
maximum daily benefit to keep up with inflation. This is
especially important if you are likely to have the policy for a
while. The cost of care is going to be much more 10 or 15 years
from now than it is today.
Home Care
The policy should cover custodial care expenses incurred in your
home. The more coverage the better. More and more, professional
long-term care services are being provided in the patient's home.
As this trend continues, you'll be happy you have the coverage
when you need it.
No Hospitalization Requirement
Make sure the policy does not require a hospital stay before the
benefits kick in. More than 60% of nursing home residents aren't
hospitalized prior to being admitted to a long-term care facility.
Benefit Triggers
The policy should go into effect if you are unable to perform one
or more "activities of daily living" (Addles.)
Dementia Included
Make sure your policy provides coverage for "cognitive
impairment," whether it is because of Alzheimer's or some other
form of dementia.
When choosing a long-term care policy, you must consider your
financial situation and whether you can afford the policy you
want/need. If you have any questions about long-term care
insurance, please call our office.
Have a great day!
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
_______________________
2 Recent cases: Confidential statements may be subject to criminal subpoenas. State v. Joseph Clark 381 NJ Super. 41 (App. Div. 2005).
Defendants, one of whom is a retired municipal court judge, are charged with tampering with public records, N.J.S.A. 2C:28-7a(2), and falsifying or tampering with records, N.J.S.A. 2C:21-4a. The state is entitle to subpoena the statements of three defendants provided to the Advisory Committee on Judicial Conduct, notwithstanding the confidentiality provisions of R. 2:15-20. The defendants presented no objections to the subpoena; only the ACJC sought to have it quashed.
3 DMV surcharge not subject to discharge. In Re Schick 418 F. 3d. 321 (3rd Cir. 2005).
The circuit panel considers whether, under the Bankruptcy Code, a lien held by the N.J. Motor Vehicles Commission for unpaid motor vehicle surcharges and interest constitutes a judicial lien -- which may be avoided by the debtor to the extent that it impairs her entitlement to a homestead exemption -- or a statutory lien, which may not be avoided. Noting the split among the district courts on this issue, the panel holds that the lien is statutory, and affirms the decision of the District Court in this case.
4. Flight from illegal stop not a crime. State v. Williams ___ NJ Super. ___ (App. Div. 2005.) A-596-03T4
The defendant Marcellus Williams' motion to suppress evidence should have been granted because the police lacked a reasonable and articulable suspicion to conduct an investigatory stop that was based on an anonymous tip which described the readily observable location and appearance of the subject but which alleged criminal activity that was never corroborated. Furthermore, the search that followed the defendant's flight could not be legitimized as incidental to his arrest because his nonviolent flight from the unreasonable search and seizure could not be validly criminalized.
__________________________________
5- New articles on website NJlaws:
Summons, Complaint & Answer in family cases
http://www.njlaws.com/complaint-answer-in-family-cases.htm
Parole
http://www.njlaws.com/parole.htm
Going to Court
http://www.njlaws.com/going_to_court.htm
New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist.
http://www.njlaws.com/refrain-from-imposing-license-suspension.htm
5:3-4. Counsel: Appearance; Prosecutor in Family Court cases
http://www.njlaws.com/counsel_appearance_prosecutor.htm
Rule 5:1-4. Differentiated Case Management in Civil Family Actions
http://www.njlaws.com/differentiated-case-management.htm
RULE 5:5. Pretrial Procedures and Discovery in family cases
http://www.njlaws.com/pretrial-procedures-and-discovery-family-cases.htm
___________________
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
The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
"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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E205 February 12, 2006
In this issue:
1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
2. Details on State’s guardianship law
3. Estate and Gift Tax Rates and Unified Credit Exemption Amounts
4. Wills, The New Probate Law, Estate Administration & Elder Law Seminar
_________________________
1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
If you are injured, after seeking medical treatment and advising the store/ mall, CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 For an Appointment
_________________________
2. Details on State’s guardianship law
This new law, effective January 11, 2006, clarifies the court's authority with regard to addressing the immediate needs of an incapacitated person. The new law establishes procedures for the appointment of a general guardian, a limited guardian of the person, estate or of both, a special guardian or a temporary "pendente lite" guardian who would act on behalf of the incapacitated person with regard to his medical, financial, educational, legal or vocational needs. It sets forth the powers and duties of the guardian, when a bond must be furnished by a guardian and when reasonable compensation for services would be granted. The new law expands the current reporting procedures for guardians. In addition, the new law revises various sections throughout chapter 12 of Title 3B by deleting all references to "mental incompetent" and replacing them with "incapacitated or alleged incapacitated" to provide uniformity and consistency in these sections.
The pertinent provisions in the new law are as follows:
Section 4: N.J.S.A. 3B:12-4. (Appointment of special guardian) Current law authorizes the court to appoint a special guardian to assist the court in providing for any protective arrangements. This provision remains unchanged by the new law. The new law provides that if a special guardian is appointed, the guardian is entitled to reasonable fees for services as well as reimbursement for reasonable expenses.
Section 7: N.J.S.A. 3B:12-11. (Affidavit of receipt) This section requires filing of an affidavit by the recipient for money or property in connection with the guardianship of a minor. If the minor resides outside the State, the filing is in the county which has jurisdiction over the property.
Section 12: (New section). (Determination by the court of need for guardianship services) This section of the new law supplements the current law by specifically outlining the different types of guardians and their powers and duties.
General Guardian -If the court finds that an individual is incapacitated and is without capacity to govern himself or manage his affairs, the court may appoint a general guardian who will exercise all rights and powers of the incapacitated person. The general guardian must furnish a bond unless relieved by the court.
Limited Guardian. If the court finds a person is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself, the court can appoint a limited guardian of the person, limited guardian of the estate, or limited guardian of both. The court must make specific findings as to the person's decision making capacity with regard to residential, education, medical, legal, vocational and financial decisions. A judgment of limited guardianship may specify the limitations upon the authority or the areas of decision making retained by the person. The limited guardian must furnish a bond unless relieved by the court.
Pendente lite; Temporary Guardian. Whenever a complaint is filed in court to declare a person incapacitated and to appoint a guardian, the complaint may also request the appointment of a temporary guardian of the person or estate, or both, pendente lite. Pending a hearing for the appointment of a guardian, the court may for good cause shown appoint a pendente lite temporary guardian upon a finding that there is a critical need or risk of substantial harm. If appointed the temporary guardian may be granted authority to arrange interim services or temporary accommodations.
Payments for such services may be made from the estate of the alleged incapacitated person. A pendente lite temporary guardian appointed is limited to act for the alleged incapacitated person only for those services determined by the court to be necessary to deal with critical needs or risk of substantial harm to the alleged incapacitated person. Pendente lite temporary guardians are not designed to act as special medical guardians appointed under Rules of Court to authorize emergent medical or surgical intervention needed to deal with substantial threat to a person's life or health.
The attorney for the alleged incapacitated person is given notice of the appointment. The pendente lite temporary guardian is required to advise the attorney of all actions and the attorney would have the right to object.
A pendente lite temporary guardian appointment does not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order.
The pendente lite temporary guardian, upon application to the court, would be entitled to receive reasonable fees for his services, as well as reimbursement of his reasonable expenses, which would be payable by the estate of the alleged incapacitated person or minor. The pendente lite temporary guardian would be required to furnish a bond, unless the court relieves him of doing so.
This sections also addresses the following: disclosure of information; court appearance; communication; enlarging or limiting guardianship powers.
Section 13: N.J.S.A. 3B:12-25. (Appointment of guardian) Clarifies that letters of guardianship may be granted to the spouse or registered domestic partner if the person is living with the alleged incapacitated person or his heirs, or if none of them will accept letters thereafter to the Office of Public Guardian for Elderly Adults. Consideration may be given to the surrogate decision-makers, if any, chosen by the incapacitated person by way of a durable power of attorney, health care proxy or advance directive.
Section 16: N.J.S.A. 3B:12-28. (Return to competency) Clarifies that the court may, on a summary action filed by the person adjudicated incapacitated or the guardian, adjudicate that the person has returned to full or partial competency and restore his civil rights and estate.
Section 28: N.J.S.A. 3B:12-41. (Guardian of ward's person entitled to reimbursement for expenses) Clarifies that the guardian will receive reasonable reimbursement and fees for his services.
Section 29: N.J.S.A. 3B:12-42. (Reporting condition of ward's person and property to court) Expands the reporting requirements for guardians in order to provide uniformity and consistency. This section sets forth when the report should be made and what it must contain. Exempts from this reporting requirement the Bureau of Guardianship Services in the Division of Developmental Disabilities, the Public Guardian, and public officials appointed as limited guardians for individuals in psychiatric facilities for medical purposes.
Section 30: N.J.S.A. 3B:12-43. (Expenditures to be made by guardian out of ward's estate.) Requires a guardian to follow the requirements of the "Prudent Investor Act" when dealing with the assets of the ward.
Section 35: N.J.S.A. 3B:12-48. (Powers conferred upon a guardian) Clarifies that the guardian has the power to file or defend any litigation on behalf of the ward, including but not limited to, the right to bring an action for divorce or annulment on any grounds authorized by law.
Section 36: N.J.S.A. 3B:12-49. (Powers conferred upon a court) Clarifies that among the court's powers with regard to a ward and his estate is the power to exercise the ward's right to an elective share in the estate of the ward's deceased spouse or registered domestic partner and to engage in planning the use of public assistance programs.
Section 38: N.J.S.A. 3B:12-56. (Powers, rights and duties of a guardian of a ward) Clarifies the powers, rights and duties of a guardian of a ward. Provides that a guardian is not legally obligated to provide for the ward from his own funds and is not liable to a third person for acts of the ward solely by reason of the relationship and is not liable to the ward for injury resulting from wrongful conduct of a third person. A guardian is required to act consistently with a previously executed valid power of attorney for health care or advance directive. To the extent ordered by a court, the guardian can initiate the voluntary admission of a ward to a psychiatric facility with all of the rights of a voluntarily admitted patient. If the ward objects, the State's procedures for involuntary commitment apply.
Section 39: N.J.S.A. 3B:12-57. (Powers and duties of a guardian of a person) Clarifies that a guardian of the person of a ward is required to exercise authority over matters relating to the ward's personal needs only to the extent ordered by the court. Provides that a guardian is required to give due regard to the preferences of the ward. The guardian shall exercise care to conserve any excess funds. The guardian may institute an action that could be maintained by the ward including actions alleging fraud, abuse, undue influence and exploitation.
Section 45: N.J.S.A. 3B:12-64. Clarifies that the guardian may make final burial and funeral arrangements if the body remains unclaimed for five days and may pay for these costs and surrogate fees.
Section 46: N.J.S.A. 3B:12-66. Clarifies that the Superior Court, or the Surrogate's court in the case of a minor, shall have jurisdiction to fill a vacancy by the appointment of a substituted guardian.
Section 47: N.J.S.A. 3B:22-2. Provides an order of payment if the applicable assets of the estate are insufficient to pay all claims in full. Clarifies that the debts for the reasonable value of services rendered to the decedent by the Office of the Public Guardian will be paid before certain other claims.
New sections 48 and 49. These sections establish procedures for transfer of guardianship services when a guardian in this State is seeking to move to another state and when a guardian in another state is seeking to transfer services into New Jersey.
Other provisions of the new law. The remaining sections of the new law replace the term "mental incompetent" with "incapacitated or alleged incapacitated" person.
Sections 18, 20, 21, 36, 39 (N.J.S.A. 3B:12-30, N.J.S.A. 3B:12-32, N.J.S.A. 3B:12-33, N.J.S.A. 3B:12-49, N.J.S.A. 3B:12-57) include the reference to "domestic partner" where appropriate.
______________
3. Estate and Gift Tax Rates and Unified Credit Exemption Amounts
Calendar Year Estate and GST Tax Transfer Exemption Highest Estate & Gift Tax Rates
2002 $1,000,000* 50%
2003 $1,000,000* 49%
2004 $1,500,000 48%
2005 $1,500,000 47%
2006 $ 2,000,000 46%
2007 $ 2,000,000 45%
2008 $ 2,000,000 45%
2009 $ 3,500,000 45%
2010 No estate tax if you die in 2010 only, but 35% (gift taxes only)
2011 $1,000,000 55%
2012 -???
*For 2002 and 2003, the GST tax exemption indexed for inflation.
the GST exemption is $1,060,000.
New Jersey has an Estate Tax on amounts over $675,000
__________________________________________
4. Wills, The New Probate Law, Estate Administration & Elder Law Seminar
New Probate Law Effective 2006!
WHERE: Edison High School Community Adult Education
WHEN: Monday, March 20, 2006 7 - 8:30 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "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 and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
EDISON COMMUNITY ADULT SCHOOL.
EDISON HIGH SCHOOL, Room 193, 50 Blvd. of Eagles, Edison, NJ
732-452-4574 John Russell, Director
$25 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732-452-4574
-Free for Edison Seniors who pre register
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.njlaws.com
___________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
2. Details on State’s guardianship law
3. Estate and Gift Tax Rates and Unified Credit Exemption Amounts
4. Wills, The New Probate Law, Estate Administration & Elder Law Seminar
_________________________
1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
If you are injured, after seeking medical treatment and advising the store/ mall, CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 For an Appointment
_________________________
2. Details on State’s guardianship law
This new law, effective January 11, 2006, clarifies the court's authority with regard to addressing the immediate needs of an incapacitated person. The new law establishes procedures for the appointment of a general guardian, a limited guardian of the person, estate or of both, a special guardian or a temporary "pendente lite" guardian who would act on behalf of the incapacitated person with regard to his medical, financial, educational, legal or vocational needs. It sets forth the powers and duties of the guardian, when a bond must be furnished by a guardian and when reasonable compensation for services would be granted. The new law expands the current reporting procedures for guardians. In addition, the new law revises various sections throughout chapter 12 of Title 3B by deleting all references to "mental incompetent" and replacing them with "incapacitated or alleged incapacitated" to provide uniformity and consistency in these sections.
The pertinent provisions in the new law are as follows:
Section 4: N.J.S.A. 3B:12-4. (Appointment of special guardian) Current law authorizes the court to appoint a special guardian to assist the court in providing for any protective arrangements. This provision remains unchanged by the new law. The new law provides that if a special guardian is appointed, the guardian is entitled to reasonable fees for services as well as reimbursement for reasonable expenses.
Section 7: N.J.S.A. 3B:12-11. (Affidavit of receipt) This section requires filing of an affidavit by the recipient for money or property in connection with the guardianship of a minor. If the minor resides outside the State, the filing is in the county which has jurisdiction over the property.
Section 12: (New section). (Determination by the court of need for guardianship services) This section of the new law supplements the current law by specifically outlining the different types of guardians and their powers and duties.
General Guardian -If the court finds that an individual is incapacitated and is without capacity to govern himself or manage his affairs, the court may appoint a general guardian who will exercise all rights and powers of the incapacitated person. The general guardian must furnish a bond unless relieved by the court.
Limited Guardian. If the court finds a person is incapacitated and lacks the capacity to do some, but not all, of the tasks necessary to care for himself, the court can appoint a limited guardian of the person, limited guardian of the estate, or limited guardian of both. The court must make specific findings as to the person's decision making capacity with regard to residential, education, medical, legal, vocational and financial decisions. A judgment of limited guardianship may specify the limitations upon the authority or the areas of decision making retained by the person. The limited guardian must furnish a bond unless relieved by the court.
Pendente lite; Temporary Guardian. Whenever a complaint is filed in court to declare a person incapacitated and to appoint a guardian, the complaint may also request the appointment of a temporary guardian of the person or estate, or both, pendente lite. Pending a hearing for the appointment of a guardian, the court may for good cause shown appoint a pendente lite temporary guardian upon a finding that there is a critical need or risk of substantial harm. If appointed the temporary guardian may be granted authority to arrange interim services or temporary accommodations.
Payments for such services may be made from the estate of the alleged incapacitated person. A pendente lite temporary guardian appointed is limited to act for the alleged incapacitated person only for those services determined by the court to be necessary to deal with critical needs or risk of substantial harm to the alleged incapacitated person. Pendente lite temporary guardians are not designed to act as special medical guardians appointed under Rules of Court to authorize emergent medical or surgical intervention needed to deal with substantial threat to a person's life or health.
The attorney for the alleged incapacitated person is given notice of the appointment. The pendente lite temporary guardian is required to advise the attorney of all actions and the attorney would have the right to object.
A pendente lite temporary guardian appointment does not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order.
The pendente lite temporary guardian, upon application to the court, would be entitled to receive reasonable fees for his services, as well as reimbursement of his reasonable expenses, which would be payable by the estate of the alleged incapacitated person or minor. The pendente lite temporary guardian would be required to furnish a bond, unless the court relieves him of doing so.
This sections also addresses the following: disclosure of information; court appearance; communication; enlarging or limiting guardianship powers.
Section 13: N.J.S.A. 3B:12-25. (Appointment of guardian) Clarifies that letters of guardianship may be granted to the spouse or registered domestic partner if the person is living with the alleged incapacitated person or his heirs, or if none of them will accept letters thereafter to the Office of Public Guardian for Elderly Adults. Consideration may be given to the surrogate decision-makers, if any, chosen by the incapacitated person by way of a durable power of attorney, health care proxy or advance directive.
Section 16: N.J.S.A. 3B:12-28. (Return to competency) Clarifies that the court may, on a summary action filed by the person adjudicated incapacitated or the guardian, adjudicate that the person has returned to full or partial competency and restore his civil rights and estate.
Section 28: N.J.S.A. 3B:12-41. (Guardian of ward's person entitled to reimbursement for expenses) Clarifies that the guardian will receive reasonable reimbursement and fees for his services.
Section 29: N.J.S.A. 3B:12-42. (Reporting condition of ward's person and property to court) Expands the reporting requirements for guardians in order to provide uniformity and consistency. This section sets forth when the report should be made and what it must contain. Exempts from this reporting requirement the Bureau of Guardianship Services in the Division of Developmental Disabilities, the Public Guardian, and public officials appointed as limited guardians for individuals in psychiatric facilities for medical purposes.
Section 30: N.J.S.A. 3B:12-43. (Expenditures to be made by guardian out of ward's estate.) Requires a guardian to follow the requirements of the "Prudent Investor Act" when dealing with the assets of the ward.
Section 35: N.J.S.A. 3B:12-48. (Powers conferred upon a guardian) Clarifies that the guardian has the power to file or defend any litigation on behalf of the ward, including but not limited to, the right to bring an action for divorce or annulment on any grounds authorized by law.
Section 36: N.J.S.A. 3B:12-49. (Powers conferred upon a court) Clarifies that among the court's powers with regard to a ward and his estate is the power to exercise the ward's right to an elective share in the estate of the ward's deceased spouse or registered domestic partner and to engage in planning the use of public assistance programs.
Section 38: N.J.S.A. 3B:12-56. (Powers, rights and duties of a guardian of a ward) Clarifies the powers, rights and duties of a guardian of a ward. Provides that a guardian is not legally obligated to provide for the ward from his own funds and is not liable to a third person for acts of the ward solely by reason of the relationship and is not liable to the ward for injury resulting from wrongful conduct of a third person. A guardian is required to act consistently with a previously executed valid power of attorney for health care or advance directive. To the extent ordered by a court, the guardian can initiate the voluntary admission of a ward to a psychiatric facility with all of the rights of a voluntarily admitted patient. If the ward objects, the State's procedures for involuntary commitment apply.
Section 39: N.J.S.A. 3B:12-57. (Powers and duties of a guardian of a person) Clarifies that a guardian of the person of a ward is required to exercise authority over matters relating to the ward's personal needs only to the extent ordered by the court. Provides that a guardian is required to give due regard to the preferences of the ward. The guardian shall exercise care to conserve any excess funds. The guardian may institute an action that could be maintained by the ward including actions alleging fraud, abuse, undue influence and exploitation.
Section 45: N.J.S.A. 3B:12-64. Clarifies that the guardian may make final burial and funeral arrangements if the body remains unclaimed for five days and may pay for these costs and surrogate fees.
Section 46: N.J.S.A. 3B:12-66. Clarifies that the Superior Court, or the Surrogate's court in the case of a minor, shall have jurisdiction to fill a vacancy by the appointment of a substituted guardian.
Section 47: N.J.S.A. 3B:22-2. Provides an order of payment if the applicable assets of the estate are insufficient to pay all claims in full. Clarifies that the debts for the reasonable value of services rendered to the decedent by the Office of the Public Guardian will be paid before certain other claims.
New sections 48 and 49. These sections establish procedures for transfer of guardianship services when a guardian in this State is seeking to move to another state and when a guardian in another state is seeking to transfer services into New Jersey.
Other provisions of the new law. The remaining sections of the new law replace the term "mental incompetent" with "incapacitated or alleged incapacitated" person.
Sections 18, 20, 21, 36, 39 (N.J.S.A. 3B:12-30, N.J.S.A. 3B:12-32, N.J.S.A. 3B:12-33, N.J.S.A. 3B:12-49, N.J.S.A. 3B:12-57) include the reference to "domestic partner" where appropriate.
______________
3. Estate and Gift Tax Rates and Unified Credit Exemption Amounts
Calendar Year Estate and GST Tax Transfer Exemption Highest Estate & Gift Tax Rates
2002 $1,000,000* 50%
2003 $1,000,000* 49%
2004 $1,500,000 48%
2005 $1,500,000 47%
2006 $ 2,000,000 46%
2007 $ 2,000,000 45%
2008 $ 2,000,000 45%
2009 $ 3,500,000 45%
2010 No estate tax if you die in 2010 only, but 35% (gift taxes only)
2011 $1,000,000 55%
2012 -???
*For 2002 and 2003, the GST tax exemption indexed for inflation.
the GST exemption is $1,060,000.
New Jersey has an Estate Tax on amounts over $675,000
__________________________________________
4. Wills, The New Probate Law, Estate Administration & Elder Law Seminar
New Probate Law Effective 2006!
WHERE: Edison High School Community Adult Education
WHEN: Monday, March 20, 2006 7 - 8:30 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "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 and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
EDISON COMMUNITY ADULT SCHOOL.
EDISON HIGH SCHOOL, Room 193, 50 Blvd. of Eagles, Edison, NJ
732-452-4574 John Russell, Director
$25 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732-452-4574
-Free for Edison Seniors who pre register
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.njlaws.com
___________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E200 December 16, 2005
Season's greetings from the K. Vercammen family and Frizby the dog.
See photo below
The Holiday / Christmas time is the Season for giving. Therefore, instead
of mailing out Calendar cards, we have purchased numerous gifts for friends
and clients.
Our 2005 Holiday gifts to friends such as you and clients:
T-Shirts "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
Calling Card with USA logo
Coffee Travel Mug with God Bless America USA Logo
Stadium Cups
Wallet Size "What to do in accident"
USA lighter [light birthday candles]
Clients Only
- Desk Clock with alarm
- Knit collared shirt
Our gift to you. You will need to come to our office in Edison to pick
them up. Please call the office and let our legal assistants know the date
and time you will be coming in to pick up your free holiday gifts.
After December 25th, we will have some additional American Flag 2006
Calendar Cards available, and small pocket 2006 calendars. If you would
like additional copies to give to friends, family, co-workers stop in our
office. Share our Flag and support the USA - America is #1!
See photo below
The Holiday / Christmas time is the Season for giving. Therefore, instead
of mailing out Calendar cards, we have purchased numerous gifts for friends
and clients.
Our 2005 Holiday gifts to friends such as you and clients:
T-Shirts "My attorney fights to win"
Can Coozies
Water Bottles
USA Key Chains
Refrigerator Magnet Clips
Calling Card with USA logo
Coffee Travel Mug with God Bless America USA Logo
Stadium Cups
Wallet Size "What to do in accident"
USA lighter [light birthday candles]
Clients Only
- Desk Clock with alarm
- Knit collared shirt
Our gift to you. You will need to come to our office in Edison to pick
them up. Please call the office and let our legal assistants know the date
and time you will be coming in to pick up your free holiday gifts.
After December 25th, we will have some additional American Flag 2006
Calendar Cards available, and small pocket 2006 calendars. If you would
like additional copies to give to friends, family, co-workers stop in our
office. Share our Flag and support the USA - America is #1!
NJ Laws Newsletter E199 December 4, 2005
In this issue:
1. Prior uncounselled DWI guilty plea may not increase jail time. State v. Hrycak
2. NJ can suspend DL for NY DWI
3. DWI stop dismissed because error by officer. State v. Puzio
4. A Unique Holiday Gift Idea! ........Gift Certificates for
Wills or Power of Attorney
5. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
6. Holly Jolly Christmas
__________________________________
1. Prior uncounselled DWI guilty plea may not increase jail time. State v. Hrycak 184 NJ 351 (2005). The court reaffirmed the decision in Laurick that in the context of repeat DWI offenses, the enhanced administrative penalties and fines may constitutionally be imposed but that in the case of repeat DWI convictions based on uncounselled prior convictions, the actual period of incarceration imposed may not exceed that for any counseled DWI convictions. 2. NJ can suspend DL for NY DWI. State v. Pepe ___ NJ Super. ___ (App. Div. A-176-04T2, decided on August 1, 2005). Pursuant to N.J.S.A. 39:5D-4, the Interstate Driver License Compact, New Jersey, as the home state of a person convicted of driving while under the influence of alcohol in another party state, is expressly authorized to suspend the driver's license of such person. Even though double jeopardy principles apply to quasi-criminal offenses such as driving while under the influence of alcohol, the double jeopardy clause does not bar the suspension of license in the home state after the driver's reciprocal driving privileges have been suspended in the state where the offense occurred because, under the doctrine of dual sovereignty, the same conduct violates the sovereignty of both states.
3. DWI stop dismissed because error by officer. State v. Puzio 379 NJ Super. 378 (App. Div. 2005).
The court held that a police officer effectuating an automobile stop for a violation of the motor vehicle laws must have an objectively reasonable belief that the law has been violated. Such an objectively reasonable belief cannot be predicated on a erroneous understanding of the statute.
___________________________
4. A Unique 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 $200.00! -
Call 732-572-0500 for the Gift Certificate
____________________________________
5. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
___________________________
6. Holly Jolly Christmas
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
__________________________________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Prior uncounselled DWI guilty plea may not increase jail time. State v. Hrycak
2. NJ can suspend DL for NY DWI
3. DWI stop dismissed because error by officer. State v. Puzio
4. A Unique Holiday Gift Idea! ........Gift Certificates for
Wills or Power of Attorney
5. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
6. Holly Jolly Christmas
__________________________________
1. Prior uncounselled DWI guilty plea may not increase jail time. State v. Hrycak 184 NJ 351 (2005). The court reaffirmed the decision in Laurick that in the context of repeat DWI offenses, the enhanced administrative penalties and fines may constitutionally be imposed but that in the case of repeat DWI convictions based on uncounselled prior convictions, the actual period of incarceration imposed may not exceed that for any counseled DWI convictions. 2. NJ can suspend DL for NY DWI. State v. Pepe ___ NJ Super. ___ (App. Div. A-176-04T2, decided on August 1, 2005). Pursuant to N.J.S.A. 39:5D-4, the Interstate Driver License Compact, New Jersey, as the home state of a person convicted of driving while under the influence of alcohol in another party state, is expressly authorized to suspend the driver's license of such person. Even though double jeopardy principles apply to quasi-criminal offenses such as driving while under the influence of alcohol, the double jeopardy clause does not bar the suspension of license in the home state after the driver's reciprocal driving privileges have been suspended in the state where the offense occurred because, under the doctrine of dual sovereignty, the same conduct violates the sovereignty of both states.
3. DWI stop dismissed because error by officer. State v. Puzio 379 NJ Super. 378 (App. Div. 2005).
The court held that a police officer effectuating an automobile stop for a violation of the motor vehicle laws must have an objectively reasonable belief that the law has been violated. Such an objectively reasonable belief cannot be predicated on a erroneous understanding of the statute.
___________________________
4. A Unique 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 $200.00! -
Call 732-572-0500 for the Gift Certificate
____________________________________
5. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
___________________________
6. Holly Jolly Christmas
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
__________________________________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E198 November 26, 2005
In this issue:
1. New Jersey Transfer Inheritance Tax
2. Car Ignition Interlock devices to prevent DWI
3. refusal to submit to chemical test for DWI arrest must be proven beyond a reasonable doubt
4. Reduced DWI penalty of license suspension from six months to three months does not apply retroactively
5. New articles this month on website www.njlaws.com:
-Family Court Rules
-Child support in New Jersey
-Motions in Child Support, Divorce and Family Actions in NewJersey
-Divorce, alimony and child support in New Jersey
6. Coins prior to 1969 wanted
7. Upcoming events: HANDLING DRUG, & SERIOUS TRAFFIC VIOLATIONS IN MUNICIPAL COURT- November 28 5:00-9:00 PM NJ Law Center
__________________________________
1. 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
_____________________________
2. 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
____________________________
3. refusal to submit to chemical test for DWI arrest must be proven beyond a reasonable doubt State v. Cummings ___ NJ ___, (A-65-04) (2005).
Because a Breathalyzer refusal case is properly a quasi-criminal matter, the constitutionally required burden of proof is the one applicable to criminal cases: proof beyond a reasonable doubt. This ruling shall have "pipeline retroactivity" effect. The case is remanded to the municipal court, where Cummings is to be afforded the opportunity either to withdraw his plea and proceed to trial under the proof beyond a reasonable doubt standard or to accept his earlier conviction and sentence.
4. Reduced DWI penalty of license suspension from six months to three months does not apply retroactively. State v. Slavin ___ NJ Super. ___ (App. Div. 2005). [unreported]
Conviction of driving while intoxicated and sentence of a six-month revocation of driving privileges affirmed; at the time of the defendant’s arrest, N.J.S.A. 39:4-50(a)(1) provided that the penalty for a first offense was the loss of driving privileges “for a period of not less than six months”; by the time of the defendant’s trial, §39:4-50(a)(1) had been amended to provide that the penalty for some first offenses is a three-month loss of driving privileges; the defendant was correctly sentenced according to the penalty provisions that were in effect at the time of his offense because nothing in the amended statute makes it apply retroactively to offenses that were committed before its effective date and because there was not “the slightest suggestion in the legislative history” that the legislative intent was to apply the more lenient sentence to offenses that were committed while the former statute was in effect. [unreported] Source: NJ Facts-on-Call Order No. 17984
5. New articles this month on website www.njlaws.com:
Family Court Rules
http://www.njlaws.com/family_court_rules.htm
Child support in New Jersey
http://www.njlaws.com/child_support.htm
Motions in Child Support, Divorce and Family Actions in New Jersey
www.njlaws.com/motions-in-child-support.htm
Divorce, alimony and child support in New Jersey
www.njlaws.com/divorce.htm
________________
6. Coins prior to 1969 wanted
Ken's middle school son Brendan is collecting silver coins prior to 1969, and pennies prior to 1958. Christmas present for Brendan
call Ken 732-572-0500
____________________________
7. Upcoming events:
HANDLING DRUG, & SERIOUS TRAFFIC VIOLATIONS IN MUNICIPAL COURT-
Monday, November 28 5:00-9:00 PM NJ Law Center
5:05-5:50 KENNETH A. VERCAMMEN, ESQ. [Power point]
• Criminal case law developments during the past year
• Forms motions and demand letters
• The Rules of Professional Conduct-retainer agreements and professionalism
• Mandatory Lab Reports in Drug cases
• Pending Legislation
5:50-6:35 NORMA MURGADO, ESQ.
Chief Prosecutor, Elizabeth
Assistant Prosecutor, Woodbridge
Murgado & Carroll (Elizabeth)
• What not to expect the Prosecutor to do in DWI and no insurance
• Recent directives from Attorney General, County Prosecutor and Legislature
• Revised rule on plea agreements in drug cases
• Plea Bargaining
• Double Jeopardy issues
6:35-7:20 HON. MARK APOSTOLOU
Municipal Court Judge (Manasquan, Asbury Park, Eatontown, and 5 other towns.
• Expert Arguments that may hold water
• Don't waste your time with these arguments
• Important Court Rules not to ignore
• Common Errors by defense attorneys and Prosecutors
• How to impress the Court and not annoy the Court staff!
7:20-7:25 5 minute break [attendees can write down their questions]
7:30- 8:10 WILLIAM G. BRIGIANI, ESQ.
• Driving while suspended and reading Motor Vehicle abstracts
• Defenses to no-insurance cases
• Assault
• Merger and sentencing arguments
8:10-9 JOHN MENZEL, ESQ.
• Update on decisions on Alcotest 7110 breath test machine - State v. Foley
• New DWI statute
• Increased refusal penalties
• Drug recognition expert cross-examination
• Alternatives to jail in 3rd offense- Is parole an option?
9pm Official end of program. Informal "ask the Experts"
and team photo, followed by snacks at Houlihans restaurant, compliments of Ken V. John Menzel will continue to speak on DWI matters and the 7110 machine at Houlihans, which is behind the Law Center.
__________________________________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. New Jersey Transfer Inheritance Tax
2. Car Ignition Interlock devices to prevent DWI
3. refusal to submit to chemical test for DWI arrest must be proven beyond a reasonable doubt
4. Reduced DWI penalty of license suspension from six months to three months does not apply retroactively
5. New articles this month on website www.njlaws.com:
-Family Court Rules
-Child support in New Jersey
-Motions in Child Support, Divorce and Family Actions in NewJersey
-Divorce, alimony and child support in New Jersey
6. Coins prior to 1969 wanted
7. Upcoming events: HANDLING DRUG, & SERIOUS TRAFFIC VIOLATIONS IN MUNICIPAL COURT- November 28 5:00-9:00 PM NJ Law Center
__________________________________
1. 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
_____________________________
2. 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
____________________________
3. refusal to submit to chemical test for DWI arrest must be proven beyond a reasonable doubt State v. Cummings ___ NJ ___, (A-65-04) (2005).
Because a Breathalyzer refusal case is properly a quasi-criminal matter, the constitutionally required burden of proof is the one applicable to criminal cases: proof beyond a reasonable doubt. This ruling shall have "pipeline retroactivity" effect. The case is remanded to the municipal court, where Cummings is to be afforded the opportunity either to withdraw his plea and proceed to trial under the proof beyond a reasonable doubt standard or to accept his earlier conviction and sentence.
4. Reduced DWI penalty of license suspension from six months to three months does not apply retroactively. State v. Slavin ___ NJ Super. ___ (App. Div. 2005). [unreported]
Conviction of driving while intoxicated and sentence of a six-month revocation of driving privileges affirmed; at the time of the defendant’s arrest, N.J.S.A. 39:4-50(a)(1) provided that the penalty for a first offense was the loss of driving privileges “for a period of not less than six months”; by the time of the defendant’s trial, §39:4-50(a)(1) had been amended to provide that the penalty for some first offenses is a three-month loss of driving privileges; the defendant was correctly sentenced according to the penalty provisions that were in effect at the time of his offense because nothing in the amended statute makes it apply retroactively to offenses that were committed before its effective date and because there was not “the slightest suggestion in the legislative history” that the legislative intent was to apply the more lenient sentence to offenses that were committed while the former statute was in effect. [unreported] Source: NJ Facts-on-Call Order No. 17984
5. New articles this month on website www.njlaws.com:
Family Court Rules
http://www.njlaws.com/family_court_rules.htm
Child support in New Jersey
http://www.njlaws.com/child_support.htm
Motions in Child Support, Divorce and Family Actions in New Jersey
www.njlaws.com/motions-in-child-support.htm
Divorce, alimony and child support in New Jersey
www.njlaws.com/divorce.htm
________________
6. Coins prior to 1969 wanted
Ken's middle school son Brendan is collecting silver coins prior to 1969, and pennies prior to 1958. Christmas present for Brendan
call Ken 732-572-0500
____________________________
7. Upcoming events:
HANDLING DRUG, & SERIOUS TRAFFIC VIOLATIONS IN MUNICIPAL COURT-
Monday, November 28 5:00-9:00 PM NJ Law Center
5:05-5:50 KENNETH A. VERCAMMEN, ESQ. [Power point]
• Criminal case law developments during the past year
• Forms motions and demand letters
• The Rules of Professional Conduct-retainer agreements and professionalism
• Mandatory Lab Reports in Drug cases
• Pending Legislation
5:50-6:35 NORMA MURGADO, ESQ.
Chief Prosecutor, Elizabeth
Assistant Prosecutor, Woodbridge
Murgado & Carroll (Elizabeth)
• What not to expect the Prosecutor to do in DWI and no insurance
• Recent directives from Attorney General, County Prosecutor and Legislature
• Revised rule on plea agreements in drug cases
• Plea Bargaining
• Double Jeopardy issues
6:35-7:20 HON. MARK APOSTOLOU
Municipal Court Judge (Manasquan, Asbury Park, Eatontown, and 5 other towns.
• Expert Arguments that may hold water
• Don't waste your time with these arguments
• Important Court Rules not to ignore
• Common Errors by defense attorneys and Prosecutors
• How to impress the Court and not annoy the Court staff!
7:20-7:25 5 minute break [attendees can write down their questions]
7:30- 8:10 WILLIAM G. BRIGIANI, ESQ.
• Driving while suspended and reading Motor Vehicle abstracts
• Defenses to no-insurance cases
• Assault
• Merger and sentencing arguments
8:10-9 JOHN MENZEL, ESQ.
• Update on decisions on Alcotest 7110 breath test machine - State v. Foley
• New DWI statute
• Increased refusal penalties
• Drug recognition expert cross-examination
• Alternatives to jail in 3rd offense- Is parole an option?
9pm Official end of program. Informal "ask the Experts"
and team photo, followed by snacks at Houlihans restaurant, compliments of Ken V. John Menzel will continue to speak on DWI matters and the 7110 machine at Houlihans, which is behind the Law Center.
__________________________________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E197 October 18, 2005
In this issue:
1. Duties of an Executor under a Will
2. To bring a car accident lawsuit, no need to prove serious life impact
3. Plaintiff need only prove he suffered injury described in limitation on lawsuit threshold to recover injury damages in car accident
4. Totality of circumstances applies to confession and guilty plea bars constitutional challenges
__________________________________
1. 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.
____________________________
2. To bring a car accident lawsuit, no need to prove serious life impact standard contained in N.J.S.A. 39:6A-8(a). DiProspero v. Penn ___ NJ ___, (A-66-03) (Decided June 14, 2005).
The plain language of N.J.S.A. 39:6A-8(a) does not contain a serious life impact standard. Nothing in AICRA's preamble, its legislative history, or its policy suggests that the Legislature intended the Court to write in that standard. The Appellate Division judgment is reversed and the matter is remanded for proceedings consistent with this opinion.
3. Plaintiff need only prove he suffered injury described in limitation on lawsuit threshold to recover injury damages in car accident. Serrano v. Serrano ___ NJ ___, (A-99-03) (Decided June 14, 2005).
The Legislature considered the injuries enumerated in N.J.S.A. 39:6A-8(a) to be serious by definition. A plaintiff need only prove that he suffered an injury described in N.J.S.A. 39:6A-8(a)'s limitation on lawsuit threshold to recover noneconomic damages. In this case, Serrano must prove that he suffers from a permanent injury to a body part or organ. The court remands to the trial court for proceedings consistent with this opinion.
4. Totality of circumstances applies to confession and guilty plea bars constitutional challenges. State v. Knight ___ NJ ___, WL 1334640 (2005).
The Supreme Court ruled that the totality of the circumstances test is to be used when deciding whether a confession has been given freely, knowingly, and voluntarily. Among the relevant factors in this case were: age, education (some college), intelligence level, Miranda warnings, previous encounters with law enforcement, familiarity with criminal justice system, length of interrogation, nature of the questioning, time between Miranda warnings and confession, use of non-coercive psychological techniques.
Procedurally, the Court prohibited the defendant from challenging the voluntariness of his confessions related to the robberies because he had pled guilty to these offenses unconditionally. A plea of guilty acts as a bar to raising constitutional challenges with three narrow exceptions: 1. Denial of a motion to suppress physical evidence; 2. Denial of admittance into PTI; 3. Any other denial of a pre-trial motion that is reserved through the use of a conditional plea of guilty. Source: Muni-mail, June 8, 2005.
________________________
5- Reminder- Charity races this month
10/23/2004 East Brunswick Road Races 5k, 10k 732-839-2129 1:05 pm: John Ragone 5K 1:20 pm: East Brunswick 10K RVRR well run event Road closed to traffic http://www.ebrr.org/raceinfo.html
Oct. 30 10am South Brunswick Run with Vikings 5k
Benefiting the South Brunswick High School Vikings Athletic Club & the Athletes Race Director Bob Tona 732 940 3111
-Food, refreshments, and music
__________________________________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1. Duties of an Executor under a Will
2. To bring a car accident lawsuit, no need to prove serious life impact
3. Plaintiff need only prove he suffered injury described in limitation on lawsuit threshold to recover injury damages in car accident
4. Totality of circumstances applies to confession and guilty plea bars constitutional challenges
__________________________________
1. 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.
____________________________
2. To bring a car accident lawsuit, no need to prove serious life impact standard contained in N.J.S.A. 39:6A-8(a). DiProspero v. Penn ___ NJ ___, (A-66-03) (Decided June 14, 2005).
The plain language of N.J.S.A. 39:6A-8(a) does not contain a serious life impact standard. Nothing in AICRA's preamble, its legislative history, or its policy suggests that the Legislature intended the Court to write in that standard. The Appellate Division judgment is reversed and the matter is remanded for proceedings consistent with this opinion.
3. Plaintiff need only prove he suffered injury described in limitation on lawsuit threshold to recover injury damages in car accident. Serrano v. Serrano ___ NJ ___, (A-99-03) (Decided June 14, 2005).
The Legislature considered the injuries enumerated in N.J.S.A. 39:6A-8(a) to be serious by definition. A plaintiff need only prove that he suffered an injury described in N.J.S.A. 39:6A-8(a)'s limitation on lawsuit threshold to recover noneconomic damages. In this case, Serrano must prove that he suffers from a permanent injury to a body part or organ. The court remands to the trial court for proceedings consistent with this opinion.
4. Totality of circumstances applies to confession and guilty plea bars constitutional challenges. State v. Knight ___ NJ ___, WL 1334640 (2005).
The Supreme Court ruled that the totality of the circumstances test is to be used when deciding whether a confession has been given freely, knowingly, and voluntarily. Among the relevant factors in this case were: age, education (some college), intelligence level, Miranda warnings, previous encounters with law enforcement, familiarity with criminal justice system, length of interrogation, nature of the questioning, time between Miranda warnings and confession, use of non-coercive psychological techniques.
Procedurally, the Court prohibited the defendant from challenging the voluntariness of his confessions related to the robberies because he had pled guilty to these offenses unconditionally. A plea of guilty acts as a bar to raising constitutional challenges with three narrow exceptions: 1. Denial of a motion to suppress physical evidence; 2. Denial of admittance into PTI; 3. Any other denial of a pre-trial motion that is reserved through the use of a conditional plea of guilty. Source: Muni-mail, June 8, 2005.
________________________
5- Reminder- Charity races this month
10/23/2004 East Brunswick Road Races 5k, 10k 732-839-2129 1:05 pm: John Ragone 5K 1:20 pm: East Brunswick 10K RVRR well run event Road closed to traffic http://www.ebrr.org/raceinfo.html
Oct. 30 10am South Brunswick Run with Vikings 5k
Benefiting the South Brunswick High School Vikings Athletic Club & the Athletes Race Director Bob Tona 732 940 3111
-Food, refreshments, and music
__________________________________________
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E177 February 9, 2005
In this issue:
1- Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
2- CAR INSURANCE- LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
3. The Word "Lawyer" in Foreign Languages
__________________________
1- Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
If a driver in New Jersey receives too many points after traffic violations or commits a moving violation while suspended, the Motor Vehicle Commission or "MVC" [formerly the Division of Motor Vehicles or "DMV"], will mail the driver a Scheduled Suspension Notice. The MVC/DMV notice will set forth the date the suspension is scheduled to start as well as the length of suspension. In addition, if you received a moving violation ticket while your drivers license was suspended, the MVC/DMV usually also schedules a suspension. If you receive a Scheduled Suspension Notice, it is important to immediately retain an experienced Criminal/Traffic Attorney to discuss possible ways to reduce the suspension.
A written request for hearing must be served on the MVC/DMV. If the written request for hearing is not received prior to the scheduled suspension, the MVC/DMV will automatically suspend your driver's license for the maximum period permitted.
Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Hiring an attorney to reduce license suspension often ranges in costs between $1,000.00-$1,500.00. There is no Public Defender or free attorney in MVC/DMV hearings. Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with driving while intoxicated, refusal and on driving while suspended.
After you retain an attorney, they will usually serve a written "Opposition to Suspension AND REQUEST FOR ALJ HEARING." Your attorney will request a hearing on any proposed suspensions or other administrative actions.
Demand will be made that the Motor Vehicle Commission/Division of Motor Vehicles provide your attorney with discovery pursuant to the New Jersey Administrative Code, NJAC 1:1-1 et seq. and NJAC 1:13-10. Your attorney’s letter needs to set forth legal issues and defenses he or she intends on raising at the hearing.
More information at our new article on our website: Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
http://www.njlaws.com/contesting_motor_vehicle_conviction_MVC_suspensions.htm
_____________________________
2- CAR INSURANCE- LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
In order to recover damages in most car accident Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories:
1. Death;
2. Dismemberment;
3. Significant disfigurement or significant scarring;
4. Displaced fracture;
5. Loss of a fetus;
6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
If the injuries caused by the accident do not come within one of these categories, the jury verdict must be for the defendant. If the injuries caused by the accident do come within one of these categories, the verdict must be for the plaintiff.
B. Permanent Injury (Type 6)
In this case, the plaintiff alleges that he/she suffered a permanent injury as a result of the motor vehicle accident. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.
C. Serious Activity Impact
In addition to proving an injury and permanency, the plaintiff must also prove that the injury has had a serious impact on their life.
This means that the plaintiff must prove that the injury has seriously affected one or more activities, which were a significant and important component of the plaintiff's way of life. In other words, the injury must be such that the plaintiff is no longer able to attend to [his] [her] regular routine activities, whatever they may be. [He] [She] must be deprived of the physical ability to engage in a social or recreational activity, which had previously been important to their way of life.
D. Sample Interrogatories to Jurors (Limitation on Lawsuit Option)
(Category 4) Has the plaintiff sustained a displaced fracture as a result of this accident?
___ Yes ___ No
(Category 5) Has the plaintiff sustained the loss of a fetus as a result of this accident?
___ Yes ___ No
(Category 6) Has the plaintiff sustained a permanent injury as a result of this accident?
___ Yes ___ No
(Damages) What amount of money will fairly and reasonably compensate plaintiff for pain and suffering, disability and impairment, and loss of enjoyment of life due to injuries proven to be proximately caused by this accident?
$______________________
See N.J.S.A. 39:6A-8a. Though not numbered in the statute, the Limitation on Lawsuit Option within the Automobile Insurance Cost Reduction Act of 1998 (L.1998, c. 21 and c. 22), the categories are: (1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. The effective date of this provision of AICRA is March 22, 1999. Therefore, the Limitation on Lawsuit Option shall apply to individuals who are insured under automobile liability insurance policies issued after March 22, 1999 who seek compensatory damages for non-economic losses for injuries sustained in a motor vehicle collision which occurs after the AICRA policy was issued. By way of example, if an individual is involved in a motor vehicle collision on March 23, 1999 but is still covered under a policy issued before the effective date of the statute, he or she will be subject to the verbal threshold charge applicable to L.1988, c.119 effective January 1, 1989.
Conclusion
For clients who suffer an injury in a car accident such as a herniated disc, pinched nerve, or protrusion/slipped disc, we want to provide assistance and instructions. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.
More information on our new website article: CAR INSURANCE LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
http://www.njlaws.com/CAR_INSURANCE_LIMITATION_ON_LAWSUIT_OPTION.htm
_______________________________
3. The Word "Lawyer" in Foreign Languages
Language Spelling
English lawyer
Afrikaans procureer
Bulgarian advokat
Czech pravnik
Danish advokat
Dutch avocaat
Farsi/Persian vakil
Finnish asianajaja
Flemish/Belgian advocat
French avocat
German rechtsanwalt
Greek dixnyoqos
Hungarian jogasz or ugyesz
Indonesian abugado
Italian avvocato (m)/avvocatessa (f)
Korean pyenho-sa
Norwegian jurist
Philippino abugado
Polish advokatas
Portuguese advogado
Romanian avocat
Russian jurist
Serbo-Croatian advokat
Spanish abogado
Swedish advokat
Turkish avukat
Ukrainian adokat
Vietnamese luat su
__________________________________________
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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1- Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
2- CAR INSURANCE- LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
3. The Word "Lawyer" in Foreign Languages
__________________________
1- Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
If a driver in New Jersey receives too many points after traffic violations or commits a moving violation while suspended, the Motor Vehicle Commission or "MVC" [formerly the Division of Motor Vehicles or "DMV"], will mail the driver a Scheduled Suspension Notice. The MVC/DMV notice will set forth the date the suspension is scheduled to start as well as the length of suspension. In addition, if you received a moving violation ticket while your drivers license was suspended, the MVC/DMV usually also schedules a suspension. If you receive a Scheduled Suspension Notice, it is important to immediately retain an experienced Criminal/Traffic Attorney to discuss possible ways to reduce the suspension.
A written request for hearing must be served on the MVC/DMV. If the written request for hearing is not received prior to the scheduled suspension, the MVC/DMV will automatically suspend your driver's license for the maximum period permitted.
Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Hiring an attorney to reduce license suspension often ranges in costs between $1,000.00-$1,500.00. There is no Public Defender or free attorney in MVC/DMV hearings. Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with driving while intoxicated, refusal and on driving while suspended.
After you retain an attorney, they will usually serve a written "Opposition to Suspension AND REQUEST FOR ALJ HEARING." Your attorney will request a hearing on any proposed suspensions or other administrative actions.
Demand will be made that the Motor Vehicle Commission/Division of Motor Vehicles provide your attorney with discovery pursuant to the New Jersey Administrative Code, NJAC 1:1-1 et seq. and NJAC 1:13-10. Your attorney’s letter needs to set forth legal issues and defenses he or she intends on raising at the hearing.
More information at our new article on our website: Contesting Motor Vehicle Conviction MVC Suspensions [DMV Suspensions]
http://www.njlaws.com/contesting_motor_vehicle_conviction_MVC_suspensions.htm
_____________________________
2- CAR INSURANCE- LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
In order to recover damages in most car accident Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories:
1. Death;
2. Dismemberment;
3. Significant disfigurement or significant scarring;
4. Displaced fracture;
5. Loss of a fetus;
6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
If the injuries caused by the accident do not come within one of these categories, the jury verdict must be for the defendant. If the injuries caused by the accident do come within one of these categories, the verdict must be for the plaintiff.
B. Permanent Injury (Type 6)
In this case, the plaintiff alleges that he/she suffered a permanent injury as a result of the motor vehicle accident. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment.
C. Serious Activity Impact
In addition to proving an injury and permanency, the plaintiff must also prove that the injury has had a serious impact on their life.
This means that the plaintiff must prove that the injury has seriously affected one or more activities, which were a significant and important component of the plaintiff's way of life. In other words, the injury must be such that the plaintiff is no longer able to attend to [his] [her] regular routine activities, whatever they may be. [He] [She] must be deprived of the physical ability to engage in a social or recreational activity, which had previously been important to their way of life.
D. Sample Interrogatories to Jurors (Limitation on Lawsuit Option)
(Category 4) Has the plaintiff sustained a displaced fracture as a result of this accident?
___ Yes ___ No
(Category 5) Has the plaintiff sustained the loss of a fetus as a result of this accident?
___ Yes ___ No
(Category 6) Has the plaintiff sustained a permanent injury as a result of this accident?
___ Yes ___ No
(Damages) What amount of money will fairly and reasonably compensate plaintiff for pain and suffering, disability and impairment, and loss of enjoyment of life due to injuries proven to be proximately caused by this accident?
$______________________
See N.J.S.A. 39:6A-8a. Though not numbered in the statute, the Limitation on Lawsuit Option within the Automobile Insurance Cost Reduction Act of 1998 (L.1998, c. 21 and c. 22), the categories are: (1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. The effective date of this provision of AICRA is March 22, 1999. Therefore, the Limitation on Lawsuit Option shall apply to individuals who are insured under automobile liability insurance policies issued after March 22, 1999 who seek compensatory damages for non-economic losses for injuries sustained in a motor vehicle collision which occurs after the AICRA policy was issued. By way of example, if an individual is involved in a motor vehicle collision on March 23, 1999 but is still covered under a policy issued before the effective date of the statute, he or she will be subject to the verbal threshold charge applicable to L.1988, c.119 effective January 1, 1989.
Conclusion
For clients who suffer an injury in a car accident such as a herniated disc, pinched nerve, or protrusion/slipped disc, we want to provide assistance and instructions. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.
More information on our new website article: CAR INSURANCE LIMITATION ON LAWSUIT OPTION- THE BAD SELECTION
http://www.njlaws.com/CAR_INSURANCE_LIMITATION_ON_LAWSUIT_OPTION.htm
_______________________________
3. The Word "Lawyer" in Foreign Languages
Language Spelling
English lawyer
Afrikaans procureer
Bulgarian advokat
Czech pravnik
Danish advokat
Dutch avocaat
Farsi/Persian vakil
Finnish asianajaja
Flemish/Belgian advocat
French avocat
German rechtsanwalt
Greek dixnyoqos
Hungarian jogasz or ugyesz
Indonesian abugado
Italian avvocato (m)/avvocatessa (f)
Korean pyenho-sa
Norwegian jurist
Philippino abugado
Polish advokatas
Portuguese advogado
Romanian avocat
Russian jurist
Serbo-Croatian advokat
Spanish abogado
Swedish advokat
Turkish avukat
Ukrainian adokat
Vietnamese luat su
__________________________________________
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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E179 March 12, 2005
In this issue:
1.
__________________________
1.
Back Injuries in Accidents
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies often will not help. Don't give up! If Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a back injury.
Even in a low impact accident, there can be a back injury. According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma.
The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."
It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important."
Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.
4) "The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury."
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p. 69.
See our new website article: Back Injuries in Accidents
http://www.njlaws.com/back_injuries_in_accidents.htm
Cynthia Vercammen Birthday Party - Cancelled until April ?
3/20- Equinox 20k- 9:30 Johnson Park, Piscataway, NJ Well organized, sponsored by RVRR. Dana Gross recommends this race. Post event food.
4/3/2005 Indian Trails 15k Road Race & 3 Mile Run 9am Middletown NJ 732-842-4317 nice views of Bay, well organized event
4/17/2005 Eden Family 5k 9am, Plainsboro NJ 609-631-9211 Large trophies, Join the Vercammen team as we seek to repeat as team champions
________________
5. REPRESENTING YOUR CLIENTS IN MUNICIPAL COURT
Thursday, April 7, 2005 - 5:30 PM to 9:30 PM
Clarion Hotel, Edison
Presented in cooperation with the NJSBA Municipal Court Section
Moderator:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Kenneth Vercammen & Associates (Edison)
Speakers include:
HON. MARK T. APOSTOLOU, SR.
Municipal Court Judge (Manasquan, Asbury Park, Eatontown, Briele, Shrewsbury Twp, Deal, Neptune City, Fair Haven, Lake Como [South Belmar]
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
Past President, Middlesex County Bar Association (East Brunswick)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
NORMA MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll (Elizabeth)
This “nuts and bolts” guide to municipal court practice and procedure will prepare attorneys to represent clients in all types of cases that are heard in municipal court. An authoritative panel of experienced attorneys will be joined by a Municipal Court Judge to delve into a wide variety of matters that you are likely to encounter in Municipal Court.
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE & PROCEDURE INCLUDING…
• New laws and pending legislation
• Drunk driving (DWI)-State v. Foley and the Alcotest 7110 breath test machine
• License suspension
• Plea agreements in drug cases
• Driving while suspended
• Increased refusal penalties
• Assault
• Defenses to no-insurance cases
• How to impress the Court and not annoy the Court staff
• Forms motions and demand letters
• Criminal case law developments during the past year
• The rules of Professional Conduct-retainer agreements and professionalism
…and more
SEMINAR FEES
Tuition includes dinner and seminar materials.
CREDITS
• Trial Attorney Certification: 3.75 criminal credits pending
• PA CLE: 3.0 substantive and 0.5 ethics credits pending ($16 fee – separate check payable to ICLE must be submitted at the end of the program)
• NY CLE (Transitional): 4.0 professional practice and 0.5 ethics credits
DOOR REGISTRATIONS
$149
Can't Attend?
Audio Cassette Tapes/Materials Item No. CP52505
$159
$129*
CD/Materials Item No. CDP52505
$159
$129*
*NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member # at the time you place your order. If you place your order without providing your NJSBA Member #, you will be charged the regular price.
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com
S525g-10997
____________________________________
6.
__________________________________________
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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
1.
__________________________
1.
Back Injuries in Accidents
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies often will not help. Don't give up! If Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a back injury.
Even in a low impact accident, there can be a back injury. According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.
3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma.
The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."
It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important."
Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.
4) "The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury."
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p. 69.
See our new website article: Back Injuries in Accidents
http://www.njlaws.com/back_injuries_in_accidents.htm
Cynthia Vercammen Birthday Party - Cancelled until April ?
3/20- Equinox 20k- 9:30 Johnson Park, Piscataway, NJ Well organized, sponsored by RVRR. Dana Gross recommends this race. Post event food.
4/3/2005 Indian Trails 15k Road Race & 3 Mile Run 9am Middletown NJ 732-842-4317 nice views of Bay, well organized event
4/17/2005 Eden Family 5k 9am, Plainsboro NJ 609-631-9211 Large trophies, Join the Vercammen team as we seek to repeat as team champions
________________
5. REPRESENTING YOUR CLIENTS IN MUNICIPAL COURT
Thursday, April 7, 2005 - 5:30 PM to 9:30 PM
Clarion Hotel, Edison
Presented in cooperation with the NJSBA Municipal Court Section
Moderator:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Kenneth Vercammen & Associates (Edison)
Speakers include:
HON. MARK T. APOSTOLOU, SR.
Municipal Court Judge (Manasquan, Asbury Park, Eatontown, Briele, Shrewsbury Twp, Deal, Neptune City, Fair Haven, Lake Como [South Belmar]
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
Past President, Middlesex County Bar Association (East Brunswick)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
NORMA MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll (Elizabeth)
This “nuts and bolts” guide to municipal court practice and procedure will prepare attorneys to represent clients in all types of cases that are heard in municipal court. An authoritative panel of experienced attorneys will be joined by a Municipal Court Judge to delve into a wide variety of matters that you are likely to encounter in Municipal Court.
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE & PROCEDURE INCLUDING…
• New laws and pending legislation
• Drunk driving (DWI)-State v. Foley and the Alcotest 7110 breath test machine
• License suspension
• Plea agreements in drug cases
• Driving while suspended
• Increased refusal penalties
• Assault
• Defenses to no-insurance cases
• How to impress the Court and not annoy the Court staff
• Forms motions and demand letters
• Criminal case law developments during the past year
• The rules of Professional Conduct-retainer agreements and professionalism
…and more
SEMINAR FEES
Tuition includes dinner and seminar materials.
CREDITS
• Trial Attorney Certification: 3.75 criminal credits pending
• PA CLE: 3.0 substantive and 0.5 ethics credits pending ($16 fee – separate check payable to ICLE must be submitted at the end of the program)
• NY CLE (Transitional): 4.0 professional practice and 0.5 ethics credits
DOOR REGISTRATIONS
$149
Can't Attend?
Audio Cassette Tapes/Materials Item No. CP52505
$159
$129*
CD/Materials Item No. CDP52505
$159
$129*
*NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member # at the time you place your order. If you place your order without providing your NJSBA Member #, you will be charged the regular price.
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com
S525g-10997
____________________________________
6.
__________________________________________
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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E178 February 14, 2005
Ken Vercammen's NJ Laws email newsletter February 14, 2005 #178
In this issue:
1. Recent cases-In receiving stolen property, state must prove
2. Nerve injuries
3. Akhila Naik, Esq. is our "Of Counsel" Attorney
4. Free Law books
5. Upcoming Charity events
6. If A Loved One Is A Victim Of Nursing Home Abuse, call
__________________________
1. Recent cases-In receiving stolen property, state must prove item stolen. State v. Hodde 181 NJ 375 (2004).
Whenever the state seeks a conviction for the crime of receiving stolen property, it must prove that the property in question was actually stolen.
D'Aloia v George - Do not select "limitation on lawsuit option" on your car insurance policy. If you are in an accident and are injured you may not be able to recover medical deductible and uncompensated medical expenses under the decision of D'Aloia v George __ NJ Super. __ (App. Div. decided October 12, 2004)
_____________________
2. Nerve injuries- Persons who fall down or are in car accidents often do not feel pain in their neck or pain until the next day. Testing for nerve damage/involvement, could include nerve conduction tests, muscle conduction tests, MRI, CT scan, and blood work. A person concerned about nerve damage should probably consult a neurologist (who can administer most of the above tests)
See our new article at http://www.njlaws.com/nerve_damage_from_accident.htm
----------------------
3. Akhila Naik, Esq. is our "Of Counsel" Attorney. She assists clients who speak the following Languages : Hindi, Malayalam, Kannada, Marathi, Tulu. She is in the office by appointment only.
She previously was a legal interpreter with an online interpretation service to non-English speakers throughout the world on various matters such as initial police custody and interrogation, insurance claims, 911 calls, social security offices, emergency room situations, hospital clinic calls and customer service calls.
More information on Akhila Naik, Esq. is on our website:
http://www.njlaws.com/staff.htm
_____________________________
4. Free Law books:
We now use online services and are offering over one thousand books for free.
Atlantic Reporter Vol 1-410 (to 1979)
Am Jur 2nd (Supp to 1982)
Atlantic Digest to 1982
First to pick up gets the books. They are boxed in our office garage. Our law office needs more space for staff. Call our office.
5. Upcoming Charity events
March 6 - Belmar St Patrick Parade March with the Jersey Shore Running Club
March 11 - Friendly Sons of St. Patrick. Black Tie. Somerset Double Tree Hotel Friday night event
[If you can give Ken V a ride from South Brunswick/ East Brunswick, call 732-572-0500]
6. If A Loved One Is A Victim Of Nursing Home Abuse, call
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can help stop the wrongful conduct and obtain damages for it.
___________________
New article on website this week: Driving While Revoked
http://www.njlaws.com/driving_while_revoked.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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
In this issue:
1. Recent cases-In receiving stolen property, state must prove
2. Nerve injuries
3. Akhila Naik, Esq. is our "Of Counsel" Attorney
4. Free Law books
5. Upcoming Charity events
6. If A Loved One Is A Victim Of Nursing Home Abuse, call
__________________________
1. Recent cases-In receiving stolen property, state must prove item stolen. State v. Hodde 181 NJ 375 (2004).
Whenever the state seeks a conviction for the crime of receiving stolen property, it must prove that the property in question was actually stolen.
D'Aloia v George - Do not select "limitation on lawsuit option" on your car insurance policy. If you are in an accident and are injured you may not be able to recover medical deductible and uncompensated medical expenses under the decision of D'Aloia v George __ NJ Super. __ (App. Div. decided October 12, 2004)
_____________________
2. Nerve injuries- Persons who fall down or are in car accidents often do not feel pain in their neck or pain until the next day. Testing for nerve damage/involvement, could include nerve conduction tests, muscle conduction tests, MRI, CT scan, and blood work. A person concerned about nerve damage should probably consult a neurologist (who can administer most of the above tests)
See our new article at http://www.njlaws.com/nerve_damage_from_accident.htm
----------------------
3. Akhila Naik, Esq. is our "Of Counsel" Attorney. She assists clients who speak the following Languages : Hindi, Malayalam, Kannada, Marathi, Tulu. She is in the office by appointment only.
She previously was a legal interpreter with an online interpretation service to non-English speakers throughout the world on various matters such as initial police custody and interrogation, insurance claims, 911 calls, social security offices, emergency room situations, hospital clinic calls and customer service calls.
More information on Akhila Naik, Esq. is on our website:
http://www.njlaws.com/staff.htm
_____________________________
4. Free Law books:
We now use online services and are offering over one thousand books for free.
Atlantic Reporter Vol 1-410 (to 1979)
Am Jur 2nd (Supp to 1982)
Atlantic Digest to 1982
First to pick up gets the books. They are boxed in our office garage. Our law office needs more space for staff. Call our office.
5. Upcoming Charity events
March 6 - Belmar St Patrick Parade March with the Jersey Shore Running Club
March 11 - Friendly Sons of St. Patrick. Black Tie. Somerset Double Tree Hotel Friday night event
[If you can give Ken V a ride from South Brunswick/ East Brunswick, call 732-572-0500]
6. If A Loved One Is A Victim Of Nursing Home Abuse, call
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can help stop the wrongful conduct and obtain damages for it.
___________________
New article on website this week: Driving While Revoked
http://www.njlaws.com/driving_while_revoked.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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.
NJ Laws Newsletter E176 January 30, 2005
In this issue:
1- Fractures and broken bones in Accidents
2. New Health Privacy Law (HIPAA)
3. Upcoming events: New Probate Law Seminar - Tuesday, February 1, 2005 12:30- 1:15 P.M.
__________________________
1- Fractures and broken bones in Accidents
New article on website www.njlaws.com:
Fracture vs a Break? Despite what you may have heard, a broken bone is not worse than a fracture, they both mean the same thing. In fact, the word fracture, according to the Oxford English Dictionary is defined as "the act of being broken." There are different types of fractures and broken bones, but these words mean the same thing!. See http://orthopedics.about.com/cs/otherfractures/a/fracture.htm
Fractures happen because an area of bone is not able to support the energy placed on it (quite obvious, but it becomes more complicated). Therefore, there are two critical factors in determining why a fracture occurs: * the energy of the event
* the strength of the bone
Treatment of Broken Bones
Fracture Treatment Bone is constantly in a state of turnover, even when not damaged or injured. We continually absorb and replace the cells that make up our bones. Because of this natural turnover, the process of healing bone also comes about quite naturally.
However, in order for a fracture to heal as well as possible, a good reduction, or placement, of the bones must be attained.
According to http://orthopedics.about.com, when doctors talk about reduction or a fracture, or reducing the broken bone, they are talking about improving the alignment of the broken ends of the bone. In most cases reducing a fracture involves placing the broken bone in a cast, often after a little pulling and tugging to achieve improved alignment. If the reduction cannot be satisfactorily achieved (meaning the alignment is either not adequate or not sufficiently stable), then a further procedure may be necessary.
This usually means surgery with fixation of the bone with pins, plates, screws or rods.
One potential complication of fracture treatment is either a mal-union or non-union of bone. This problem is more common in elderly individuals and in people who sustain more severe fractures. In the case of some fractures (e.g. hip fracture in elderly) the rate of non-union is high enough that instead of trying to heal the bone, the damaged segment of bone is replaced (e.g. hip replacement). See http://orthopedics.about.com/cs/otherfractures/a/fracture_2.htm
The treatment of a specific fracture is too complicated to be discussed in a general overview of broken bones, but depends on factors such as:
* Location of the fracture * Severity of angulation or deformity * Potential for healing * Other injuries * Age and activity level of the patient * And many more factors.... In order to understand your treatment, and the options you may have for treatment, you need to discuss your fracture with your doctor. Because treatments are individualized based on the patient, the x-ray appearance of the fracture, and the other factors mentioned, each case must be treated individually.
Underlying Problems The most common cause of fractures is due to trauma.
More information on our new article: Fractures and broken bones in Accidents
http://www.njlaws.com/fractures_and_broken_bones_in_accidents.htm
_____________________________
2. New Health Privacy Law (HIPAA)
A federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was recently adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well. Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.
The following information was provided by the American Medical Association (AMA).
Today, state and federal laws also attempt to ensure the confidentiality of this sensitive information.
The federal government recently published regulations designed to protect the privacy of your health information. This “privacy rule” protects health information that is maintained by physicians, hospitals, other health care providers and health plans. As of April 14, 2003, your physician will need to comply with the privacy rule’s standards for protecting the confidentiality of your health information.
This new regulation protects virtually all patients regardless of where they live or where they receive their health care. Every time you see a physician, are admitted to the hospital, fill a prescription, or send a claim to a health plan, your physician, the hospital and health plan will need to consider the privacy rule. All health information including paper records, oral communications, and electronic formats (such as e-mail) are protected by the privacy rule.
Patient: When my family member comes to pick me up from the hospital, the doctor will still be able to explain my condition and tell him what to expect when I return home. Right?
True! The Rule permits doctors to discuss a patient’s condition with family or friends involved in the person’s care, unless the patient objects.
Patient: The privacy rule prevents a friend or family member from picking up prescriptions for me. Now I’ll have to get out of my sick bed to get my medicine.
False! The Rule allows a pharmacist to use professional judgment and experience with common practice to make reason-able inferences of the patient’s best interest in allowing a person, other than the patient, to pick up a prescription.
Family The Privacy Rule would have prevented me from finding out information about my son Member: in a hospital in New York on September 11.
False! The Rule permits hospitals and disaster relief agencies to notify family members that a loved one has been admitted to a hospital or has been involved in a disaster.
New national health information privacy standards have been issued by the U.S. Department of Health and Human Services (DHHS), pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The new regulations provide protection for the privacy of certain individually identifiable health data, referred to as Protected Health Information (PHI).
The shift of medical records from paper to electronic formats has increased the potential for individuals to access, use, and disclose sensitive personal health data. Although protecting individual privacy is a long-standing tradition among health-care providers and public health practitioners in the United States, previous legal protections at the federal, tribal, state, and local levels were inconsistent and inadequate. A patchwork of laws provided narrow privacy protections for selected health data and certain keepers of that data
Among other provisions, the Privacy Rule
* gives patients more control over their health information;
* sets boundaries on the use and release of health records;
* establishes appropriate safeguards that the majority of health-care providers and others must achieve to protect the privacy of health information;
* holds violators accountable with civil and criminal penalties that can be imposed if they violate patients' privacy rights;
* strikes a balance when public health responsibilities support disclosure of certain forms of data;
* enables patients to make informed choices based on how individual health information may be used;
* enables patients to find out how their information may be used and what disclosures of their information have been made;
* generally limits release of information to the minimum reasonably needed for the purpose of the disclosure;
* generally gives patients the right to obtain a copy of their own health records and request corrections; and
* empowers individuals to control certain uses and disclosures of their health information.
Powers of attorneys and Living Wills should be updated to reference this New law.
In Personal Injury cases, medical authorizations should:
* specifically identify the protected privacy to be used or disclosed;
* provide the names of persons or organizations, or classes of persons or organizations, who will receive, use, or disclose the protected privacy;
* state the purpose for each request;
* notify individuals of their right to refuse to sign the authorization without negative consequences to treatment, payment, or health plan enrollment or benefit eligibility, except under specific circumstances;
* be signed and dated by the individual or the individual's personal representative;
* be written in plain language;
* include an expiration date or event;
* notify the individual of the right to revoke authorization at any time in writing, and how to exercise that right, and any applicable exceptions to that right under the Privacy Rule; and
* explain the potential for the information to be subject to redisclosure by recipient and no longer protected by the Privacy Rule.
Other information on the HIPAA law at http://www.njlaws.com/hipaa.htm
_______________________
Other New articles this week on website:
Bus Company Liability for Injuries
http://www.njlaws.com/bus_company_liability_for_injuries.htm
_________________________
3. Upcoming events:
Middlesex County Bar Association, Municipal Court Practice Committee
Meeting: January 31 5:30 at my new office in Edison. Speaker:
Des Abazia, Middlesex County Bar President
New Probate Law Seminar - Tuesday, February 1, 2005 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)
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. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
_________________________________
If You Are In An Auto Accident, We Can Help
If you've been in a car accident, you need someone to fight for your rights. Don't rely on an insurance adjuster to tell you your rights or how much money you're entitled to receive. Insurance adjusters work for the insurance company, not you.
Call us if you've been in an auto accident. Studies show accident victims who use a lawyer receive more money than those who don't. We've helped hundreds of accident victims, and we Will fight to get you the maximum recovery.
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
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster lonekeep once per month.
1- Fractures and broken bones in Accidents
2. New Health Privacy Law (HIPAA)
3. Upcoming events: New Probate Law Seminar - Tuesday, February 1, 2005 12:30- 1:15 P.M.
__________________________
1- Fractures and broken bones in Accidents
New article on website www.njlaws.com:
Fracture vs a Break? Despite what you may have heard, a broken bone is not worse than a fracture, they both mean the same thing. In fact, the word fracture, according to the Oxford English Dictionary is defined as "the act of being broken." There are different types of fractures and broken bones, but these words mean the same thing!. See http://orthopedics.about.com/cs/otherfractures/a/fracture.htm
Fractures happen because an area of bone is not able to support the energy placed on it (quite obvious, but it becomes more complicated). Therefore, there are two critical factors in determining why a fracture occurs: * the energy of the event
* the strength of the bone
Treatment of Broken Bones
Fracture Treatment Bone is constantly in a state of turnover, even when not damaged or injured. We continually absorb and replace the cells that make up our bones. Because of this natural turnover, the process of healing bone also comes about quite naturally.
However, in order for a fracture to heal as well as possible, a good reduction, or placement, of the bones must be attained.
According to http://orthopedics.about.com, when doctors talk about reduction or a fracture, or reducing the broken bone, they are talking about improving the alignment of the broken ends of the bone. In most cases reducing a fracture involves placing the broken bone in a cast, often after a little pulling and tugging to achieve improved alignment. If the reduction cannot be satisfactorily achieved (meaning the alignment is either not adequate or not sufficiently stable), then a further procedure may be necessary.
This usually means surgery with fixation of the bone with pins, plates, screws or rods.
One potential complication of fracture treatment is either a mal-union or non-union of bone. This problem is more common in elderly individuals and in people who sustain more severe fractures. In the case of some fractures (e.g. hip fracture in elderly) the rate of non-union is high enough that instead of trying to heal the bone, the damaged segment of bone is replaced (e.g. hip replacement). See http://orthopedics.about.com/cs/otherfractures/a/fracture_2.htm
The treatment of a specific fracture is too complicated to be discussed in a general overview of broken bones, but depends on factors such as:
* Location of the fracture * Severity of angulation or deformity * Potential for healing * Other injuries * Age and activity level of the patient * And many more factors.... In order to understand your treatment, and the options you may have for treatment, you need to discuss your fracture with your doctor. Because treatments are individualized based on the patient, the x-ray appearance of the fracture, and the other factors mentioned, each case must be treated individually.
Underlying Problems The most common cause of fractures is due to trauma.
More information on our new article: Fractures and broken bones in Accidents
http://www.njlaws.com/fractures_and_broken_bones_in_accidents.htm
_____________________________
2. New Health Privacy Law (HIPAA)
A federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was recently adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well. Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.
The following information was provided by the American Medical Association (AMA).
Today, state and federal laws also attempt to ensure the confidentiality of this sensitive information.
The federal government recently published regulations designed to protect the privacy of your health information. This “privacy rule” protects health information that is maintained by physicians, hospitals, other health care providers and health plans. As of April 14, 2003, your physician will need to comply with the privacy rule’s standards for protecting the confidentiality of your health information.
This new regulation protects virtually all patients regardless of where they live or where they receive their health care. Every time you see a physician, are admitted to the hospital, fill a prescription, or send a claim to a health plan, your physician, the hospital and health plan will need to consider the privacy rule. All health information including paper records, oral communications, and electronic formats (such as e-mail) are protected by the privacy rule.
Patient: When my family member comes to pick me up from the hospital, the doctor will still be able to explain my condition and tell him what to expect when I return home. Right?
True! The Rule permits doctors to discuss a patient’s condition with family or friends involved in the person’s care, unless the patient objects.
Patient: The privacy rule prevents a friend or family member from picking up prescriptions for me. Now I’ll have to get out of my sick bed to get my medicine.
False! The Rule allows a pharmacist to use professional judgment and experience with common practice to make reason-able inferences of the patient’s best interest in allowing a person, other than the patient, to pick up a prescription.
Family The Privacy Rule would have prevented me from finding out information about my son Member: in a hospital in New York on September 11.
False! The Rule permits hospitals and disaster relief agencies to notify family members that a loved one has been admitted to a hospital or has been involved in a disaster.
New national health information privacy standards have been issued by the U.S. Department of Health and Human Services (DHHS), pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The new regulations provide protection for the privacy of certain individually identifiable health data, referred to as Protected Health Information (PHI).
The shift of medical records from paper to electronic formats has increased the potential for individuals to access, use, and disclose sensitive personal health data. Although protecting individual privacy is a long-standing tradition among health-care providers and public health practitioners in the United States, previous legal protections at the federal, tribal, state, and local levels were inconsistent and inadequate. A patchwork of laws provided narrow privacy protections for selected health data and certain keepers of that data
Among other provisions, the Privacy Rule
* gives patients more control over their health information;
* sets boundaries on the use and release of health records;
* establishes appropriate safeguards that the majority of health-care providers and others must achieve to protect the privacy of health information;
* holds violators accountable with civil and criminal penalties that can be imposed if they violate patients' privacy rights;
* strikes a balance when public health responsibilities support disclosure of certain forms of data;
* enables patients to make informed choices based on how individual health information may be used;
* enables patients to find out how their information may be used and what disclosures of their information have been made;
* generally limits release of information to the minimum reasonably needed for the purpose of the disclosure;
* generally gives patients the right to obtain a copy of their own health records and request corrections; and
* empowers individuals to control certain uses and disclosures of their health information.
Powers of attorneys and Living Wills should be updated to reference this New law.
In Personal Injury cases, medical authorizations should:
* specifically identify the protected privacy to be used or disclosed;
* provide the names of persons or organizations, or classes of persons or organizations, who will receive, use, or disclose the protected privacy;
* state the purpose for each request;
* notify individuals of their right to refuse to sign the authorization without negative consequences to treatment, payment, or health plan enrollment or benefit eligibility, except under specific circumstances;
* be signed and dated by the individual or the individual's personal representative;
* be written in plain language;
* include an expiration date or event;
* notify the individual of the right to revoke authorization at any time in writing, and how to exercise that right, and any applicable exceptions to that right under the Privacy Rule; and
* explain the potential for the information to be subject to redisclosure by recipient and no longer protected by the Privacy Rule.
Other information on the HIPAA law at http://www.njlaws.com/hipaa.htm
_______________________
Other New articles this week on website:
Bus Company Liability for Injuries
http://www.njlaws.com/bus_company_liability_for_injuries.htm
_________________________
3. Upcoming events:
Middlesex County Bar Association, Municipal Court Practice Committee
Meeting: January 31 5:30 at my new office in Edison. Speaker:
Des Abazia, Middlesex County Bar President
New Probate Law Seminar - Tuesday, February 1, 2005 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)
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. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
_________________________________
If You Are In An Auto Accident, We Can Help
If you've been in a car accident, you need someone to fight for your rights. Don't rely on an insurance adjuster to tell you your rights or how much money you're entitled to receive. Insurance adjusters work for the insurance company, not you.
Call us if you've been in an auto accident. Studies show accident victims who use a lawyer receive more money than those who don't. We've helped hundreds of accident victims, and we Will fight to get you the maximum recovery.
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
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.
Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster lonekeep once per month.
NJ Laws Newsletter E173 January 1, 2005
In this issue:
1 CONSTRUCTION SITE ACCIDENTS- WORKERS' COMPENSATION and INJURIES ON JOB SITES; BASIC RIGHTS AND OBLIGATIONS
2. Recent cases- DV order not permitted if no intent to annoy or harass.
3. Court can object to DWI dismissal
4. Elective share of surviving spouse
5. Discovery and Police Records in Criminal cases
6. OxyContin, Percodan, Percocet, and Tylox- controlled, illegal Schedule II Narcotic
7. FREEZING COLD HASH 4 mile run - Sat. Jan. 8, 2005
__________________________
1 CONSTRUCTION SITE ACCIDENTS- WORKERS' COMPENSATION and INJURIES ON JOB SITES; BASIC RIGHTS AND OBLIGATIONS
No one plans on being injured in an accident, whether it is a fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The businesses are responsible for the maintenance of their premises. It is the duty of the site manager to inspect and keep the construction site in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon.
When the Workers' Compensation Act was passed many years ago it was probably the first true "no fault" law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In worker's comp, employees can bring a claim against their employers' worker' comp carrier. However, employees cannot file a formal lawsuit against their employer. Financial recovery is limited by state law in worker's comp cases.
If their injury at the construction site was caused by negligence of someone who is not your employer or another employee, a civil lawsuit in Superior Court. In lawsuits, negligence must be proved against someone other than the employer. It is the duty of the owner to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as an employee or business invitee in the exercise of due care on your part. If severely injured, and the negligence was of someone other than your employer, you can retain an attorney to file a lawsuit for damages, together with costs of suit. Injured people in lawsuits can demand trial by jury. Jury trials are not permitted in worker's compensation cases.
The Appellate Division court in RAIMO v. FISCHERA __ NJ Super. __ docket 2201-03T5A held contractor's duty of care for persons who come onto a construction site is governed by general negligence principles, which require a contractor to exercise reasonable care to maintain the site in a safe condition for any persons who the contractor may reasonably expect to come onto the site, rather than by the common law doctrine of premises liability, under which the landowner's tort liability is determined by the injured person's classification as a business invitee, licensee, or trespasser.
More information at our new article at http://www.njlaws.com/CONSTRUCTION_SITE_ACCIDENTS.htm
2. Recent cases- DV order not permitted if no intent to annoy or harass. Sperratore v. Sperratore ___ NJ Super. ___ A-4761-02T3 [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
3. Court can object to DWI dismissal State v. Lautezenheiser ___ NJ Super. ___ Appellate Division A-1579-03T2, September 16, 2004 [unreported]
Conviction for driving while intoxicated affirmed; the defendant, who had been found guilty of DWI in Municipal Court, was then found guilty of DWI after a Law Division trial de novo; the defendant contended that the Municipal Court had erred by preventing the municipal prosecutor from dismissing the DWI charge, that the prosecutor had intended to dismiss because the proofs were insufficient, and that the prosecutor was not trying to avoid the prohibition against plea bargaining in DWI cases; the Municipal Court record did not support the contention that the prosecutor had sought dismissal, and the Law Division's inquiry revealed that any dismissal contemplated by the prosecutor would have been part of an impermissible plea bargain. [unreported] Source: NJ Lawyer Facts-on-Call Order No. 17061.
_________________
4. Elective share of surviving spouse
If a spouse dies and their Will does not make bequests to the surviving spouse, there is a method to challenge or "elect against the Will". The spouse can fight to receive one third of the decedent's estate. This provides some protection so a spouse is not left penniless.
More information at http://www.njlaws.com/elective_share_of_surviving_spouse.htm
__________________
5. Discovery and Police Records in Criminal cases
Under the New Jersey Court Rules, a New Jersey Attorney can obtain discovery and police reports from the Prosecutor.
The law entitles criminal and drunk driving defendants to pretrial discovery. R.3:133; R.7:42(h); State v. Young, 242 N.J. Super. 467, 470 (App. Div. 1990); State v. Ford, 240 N.J. Super. 44, 48 (App. Div. 1990); State v. Utsch, 184 N.J. Super. 575, 579 (App. Div. 1982). Due process requires the State disclose evidence that is material to either guilt or punishment; indeed, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise reasonable doubt about a defendant's guilt. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
More information in our new article at http://www.njlaws.com/discovery_and_obtaining_police_reports_in_criminal_cases.htm
___________________
6. OxyContin, Percodan, Percocet, and Tylox- controlled, illegal Schedule II Narcotic - New article at: http://www.njlaws.com/oxycontin_percodan_percocet_and_tylox.htm
OxyContin® is a brand name for a specific formulation of oxycodone, a prescription analgesic (pain reliever) that is derived from opium. Oxycodone is a cousin of morphine, a drug used for severe pain relief -- and abused by addicts -- for almost 200 years. In the past, oxycodone has been sold under the brand names Percodan®, Percocet®, and Tylox®.
In New Jersey, it is illegal to possess or use these drugs without a prescription. drugs. New Jersey does not call serious drug offense "felonies". They are called "crimes"
___________________
7. FREEZING COLD HASH RUN
Sat. Jan. 8, 2005 10:17am
4 -6 MILE GROUP RUN
START: NJ Personal Injury Law Center, Kenneth Vercammen, Esq. 2053 Woodbridge Ave., Edison, NJ [near the Nixon Post Office]
The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
COST: NO FEE TO RUN. FREE BEER FOR WOMEN 21-69
$5.00 FOR THE ON-ON BREWS. Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
They are real hashers and run through snow, cold, storms, wind and rain. Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. Do you have a sense of humor? See the swamps and wooded areas saved from development.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 8- http://www.njlaws.com/
Directions to other weekly hashes held every Saturday at 10:17 at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information but not directions call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days www.njlaws.com.
____________________
New articles on website:
Truck and Commercial Vehicle Liability for Injuries
http://www.njlaws.com/truck_and_commercial_vehicle_liability_for_injuries.htm
-Driving While Revoked
http://www.njlaws.com/driving_while_revoked.htm
-Gay and Lesbians - Living Will / Advance Directives
http://www.njlaws.com/gay_and_lesbians_living_will_advance_directives.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
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 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 CONSTRUCTION SITE ACCIDENTS- WORKERS' COMPENSATION and INJURIES ON JOB SITES; BASIC RIGHTS AND OBLIGATIONS
2. Recent cases- DV order not permitted if no intent to annoy or harass.
3. Court can object to DWI dismissal
4. Elective share of surviving spouse
5. Discovery and Police Records in Criminal cases
6. OxyContin, Percodan, Percocet, and Tylox- controlled, illegal Schedule II Narcotic
7. FREEZING COLD HASH 4 mile run - Sat. Jan. 8, 2005
__________________________
1 CONSTRUCTION SITE ACCIDENTS- WORKERS' COMPENSATION and INJURIES ON JOB SITES; BASIC RIGHTS AND OBLIGATIONS
No one plans on being injured in an accident, whether it is a fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The businesses are responsible for the maintenance of their premises. It is the duty of the site manager to inspect and keep the construction site in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon.
When the Workers' Compensation Act was passed many years ago it was probably the first true "no fault" law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In worker's comp, employees can bring a claim against their employers' worker' comp carrier. However, employees cannot file a formal lawsuit against their employer. Financial recovery is limited by state law in worker's comp cases.
If their injury at the construction site was caused by negligence of someone who is not your employer or another employee, a civil lawsuit in Superior Court. In lawsuits, negligence must be proved against someone other than the employer. It is the duty of the owner to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as an employee or business invitee in the exercise of due care on your part. If severely injured, and the negligence was of someone other than your employer, you can retain an attorney to file a lawsuit for damages, together with costs of suit. Injured people in lawsuits can demand trial by jury. Jury trials are not permitted in worker's compensation cases.
The Appellate Division court in RAIMO v. FISCHERA __ NJ Super. __ docket 2201-03T5A held contractor's duty of care for persons who come onto a construction site is governed by general negligence principles, which require a contractor to exercise reasonable care to maintain the site in a safe condition for any persons who the contractor may reasonably expect to come onto the site, rather than by the common law doctrine of premises liability, under which the landowner's tort liability is determined by the injured person's classification as a business invitee, licensee, or trespasser.
More information at our new article at http://www.njlaws.com/CONSTRUCTION_SITE_ACCIDENTS.htm
2. Recent cases- DV order not permitted if no intent to annoy or harass. Sperratore v. Sperratore ___ NJ Super. ___ A-4761-02T3 [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
3. Court can object to DWI dismissal State v. Lautezenheiser ___ NJ Super. ___ Appellate Division A-1579-03T2, September 16, 2004 [unreported]
Conviction for driving while intoxicated affirmed; the defendant, who had been found guilty of DWI in Municipal Court, was then found guilty of DWI after a Law Division trial de novo; the defendant contended that the Municipal Court had erred by preventing the municipal prosecutor from dismissing the DWI charge, that the prosecutor had intended to dismiss because the proofs were insufficient, and that the prosecutor was not trying to avoid the prohibition against plea bargaining in DWI cases; the Municipal Court record did not support the contention that the prosecutor had sought dismissal, and the Law Division's inquiry revealed that any dismissal contemplated by the prosecutor would have been part of an impermissible plea bargain. [unreported] Source: NJ Lawyer Facts-on-Call Order No. 17061.
_________________
4. Elective share of surviving spouse
If a spouse dies and their Will does not make bequests to the surviving spouse, there is a method to challenge or "elect against the Will". The spouse can fight to receive one third of the decedent's estate. This provides some protection so a spouse is not left penniless.
More information at http://www.njlaws.com/elective_share_of_surviving_spouse.htm
__________________
5. Discovery and Police Records in Criminal cases
Under the New Jersey Court Rules, a New Jersey Attorney can obtain discovery and police reports from the Prosecutor.
The law entitles criminal and drunk driving defendants to pretrial discovery. R.3:133; R.7:42(h); State v. Young, 242 N.J. Super. 467, 470 (App. Div. 1990); State v. Ford, 240 N.J. Super. 44, 48 (App. Div. 1990); State v. Utsch, 184 N.J. Super. 575, 579 (App. Div. 1982). Due process requires the State disclose evidence that is material to either guilt or punishment; indeed, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise reasonable doubt about a defendant's guilt. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
More information in our new article at http://www.njlaws.com/discovery_and_obtaining_police_reports_in_criminal_cases.htm
___________________
6. OxyContin, Percodan, Percocet, and Tylox- controlled, illegal Schedule II Narcotic - New article at: http://www.njlaws.com/oxycontin_percodan_percocet_and_tylox.htm
OxyContin® is a brand name for a specific formulation of oxycodone, a prescription analgesic (pain reliever) that is derived from opium. Oxycodone is a cousin of morphine, a drug used for severe pain relief -- and abused by addicts -- for almost 200 years. In the past, oxycodone has been sold under the brand names Percodan®, Percocet®, and Tylox®.
In New Jersey, it is illegal to possess or use these drugs without a prescription. drugs. New Jersey does not call serious drug offense "felonies". They are called "crimes"
___________________
7. FREEZING COLD HASH RUN
Sat. Jan. 8, 2005 10:17am
4 -6 MILE GROUP RUN
START: NJ Personal Injury Law Center, Kenneth Vercammen, Esq. 2053 Woodbridge Ave., Edison, NJ [near the Nixon Post Office]
The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
COST: NO FEE TO RUN. FREE BEER FOR WOMEN 21-69
$5.00 FOR THE ON-ON BREWS. Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
They are real hashers and run through snow, cold, storms, wind and rain. Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. Do you have a sense of humor? See the swamps and wooded areas saved from development.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 8- http://www.njlaws.com/
Directions to other weekly hashes held every Saturday at 10:17 at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information but not directions call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days www.njlaws.com.
____________________
New articles on website:
Truck and Commercial Vehicle Liability for Injuries
http://www.njlaws.com/truck_and_commercial_vehicle_liability_for_injuries.htm
-Driving While Revoked
http://www.njlaws.com/driving_while_revoked.htm
-Gay and Lesbians - Living Will / Advance Directives
http://www.njlaws.com/gay_and_lesbians_living_will_advance_directives.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
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 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 E170 November 30, 2004
In this issue:
1. Car accident injury must have serious impact on life of plaintiff in order to bring a claim in most cases
2. Liability for Animal Attacks
3. A guilty plea did not estop an insured's assertion that he did not commit assault for the purpose of insurance coverage
4. Surcharges are Judicial liens
5. New articles: Power of Attorney and Estate Planning for Gay and Lesbian Couples
__________________________
1. Car accident injury must have serious impact on life of plaintiff in order to bring a claim in most cases 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
-------------
2. Liability for Animal Attacks
Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
If bitten, it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
More information on Liability for Animal Attacks at http://www.njlaws.com/liability_for_animal_attacks.htm
3. A guilty plea did not estop an insured's assertion that he did not commit assault for the purpose of insurance coverage. State Farm & Casualty Co. v. Connolly 371 N.J. Super 119 (App. Div. 2004).
In a declaratory judgment action dealing with a policy exclusion for injuries intended or expected by the insured, summary judgment should not have been granted based only on the fact that the insured had pleaded guilty to third degree aggravated assault where the insured denied committing the assault and the insured's prior inconsistent statement was admissible to impeach his credibility, but judicial estoppel did not bar the insured from attempting to rebut or explain the circumstances surrounding his guilty plea.
4. Surcharges are Judicial liens. In re James, etc. ___ BR ___ 00-15864 (Bank NJ Decided January 30, 2004).
Motor vehicle insurance surcharges imposed under N.J.S.A. 17:29A-35(b)(2) on high-risk drivers are judicial liens and, therefore, are avoidable under 11 U.S.C. § 522(f) to the extent they impair the debtors' exemptions. Source: New Jersey Law Journal February 23, 2004 p. 62
Pardon permits expungement. In Re Petition of L.B. For Expungement of Criminal Records 369 NJ Super. 354 (Law Div. 2004).
A pardon granted by the Governor permits expungement of a criminal record that would otherwise be barred by statute. Source: New Jersey Lawyer May 31, 2004 p. 18
_____________________________
New articles:
5. Power of Attorney and Estate Planning for Gay and Lesbian Couples
http://www.njlaws.com/estate_planning_for_gay_and_lesbian_couples.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
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 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. Car accident injury must have serious impact on life of plaintiff in order to bring a claim in most cases
2. Liability for Animal Attacks
3. A guilty plea did not estop an insured's assertion that he did not commit assault for the purpose of insurance coverage
4. Surcharges are Judicial liens
5. New articles: Power of Attorney and Estate Planning for Gay and Lesbian Couples
__________________________
1. Car accident injury must have serious impact on life of plaintiff in order to bring a claim in most cases 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
-------------
2. Liability for Animal Attacks
Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
If bitten, it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
More information on Liability for Animal Attacks at http://www.njlaws.com/liability_for_animal_attacks.htm
3. A guilty plea did not estop an insured's assertion that he did not commit assault for the purpose of insurance coverage. State Farm & Casualty Co. v. Connolly 371 N.J. Super 119 (App. Div. 2004).
In a declaratory judgment action dealing with a policy exclusion for injuries intended or expected by the insured, summary judgment should not have been granted based only on the fact that the insured had pleaded guilty to third degree aggravated assault where the insured denied committing the assault and the insured's prior inconsistent statement was admissible to impeach his credibility, but judicial estoppel did not bar the insured from attempting to rebut or explain the circumstances surrounding his guilty plea.
4. Surcharges are Judicial liens. In re James, etc. ___ BR ___ 00-15864 (Bank NJ Decided January 30, 2004).
Motor vehicle insurance surcharges imposed under N.J.S.A. 17:29A-35(b)(2) on high-risk drivers are judicial liens and, therefore, are avoidable under 11 U.S.C. § 522(f) to the extent they impair the debtors' exemptions. Source: New Jersey Law Journal February 23, 2004 p. 62
Pardon permits expungement. In Re Petition of L.B. For Expungement of Criminal Records 369 NJ Super. 354 (Law Div. 2004).
A pardon granted by the Governor permits expungement of a criminal record that would otherwise be barred by statute. Source: New Jersey Lawyer May 31, 2004 p. 18
_____________________________
New articles:
5. Power of Attorney and Estate Planning for Gay and Lesbian Couples
http://www.njlaws.com/estate_planning_for_gay_and_lesbian_couples.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
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 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 E169 November 21, 2004
In this issue:
1. Methamphetamine- A criminal offense in New Jersey
2. How To Choose a Lawyer
3. Police officers observation of passing of cigarette pack in high crime area may permit investigation
4. Police officers seeing currency passing and small items passing may permit search
5. Photo- Giants Super Bowl Pro Bowl Center Bart Oates
6. Directions to the Middlesex County Courthouse and other County Courthouses
__________________________
1. Methamphetamine- A criminal offense in New Jersey
Methamphetamine ("meth") can take a novice user and transform him or her into a speed freak in record time. Methamphetamine tempts users with dramatic bursts of energy, talkativeness, and excitement. On meth, users don’t need sleep or food, and they can keep going and going for hours. Meth "energy" lasts a few hours, and then slams the user into an exhausted, weak, drug-craving crash.
Under the influence of meth, users feel "wired" and edgy. They are often unpredictable, acting friendly and sociable, and then suddenly lashing out in suspicion and violence. Many users compulsively repeat meaningless tasks for hours or pick at imaginary bugs on their skin until it bleeds.
The methamphetamine crash makes users feel depressed, anxious, paranoid, and aggressive. They are typically exhausted and shaking. Above all, they usually crave more methamphetamine. When users begin to crash, they start looking for more meth. Even first-timers will binge and crash on the drug until they run out of money or become too mentally disorganized to continue.
Criminal charges can cost persons. If convicted, you can face prison, fines over $10,000, jail, probation over 18 months, and other penalties. Methamphetamine is a Controlled Substance, Schedule III drug.
Our new website article sets forth more detail on Methamphetamine http://www.njlaws.com/methamphetamine_a_criminal_offense_in_NJ.htm
____________________
2. How To Choose a Lawyer
You want to hire the right lawyer.
REPUTATION COUNTS
There’s fear in hiring a lawyer. You’re stepping into the unknown. Our firm is a well known and respected one in criminal, probate and civil trial practice. We’re known as being fair, reasonable, tough and professional. Ask around about us.
CRIMINAL LAW
Some lawyers talk a great game. But once retained, you never hear from them again until the trial. That’s not good. No matter how experienced an attorney is, it won’t help if he isn’t willing to work your case. Knowing the system is one thing, but doing what it takes to make it work for you is another.
We start with straight talk about the law, your chances in court and whether or not you’re facing jail. Next we talk to witnesses, prosecutors, the court- anyone who impacts your case. If expert witnesses are needed, we know the best ones to call. You get a defense, not someone who just takes your money and holds your hand while you plead guilty. We handle everything from serious crimes to traffic and juvenile matters.
DRUNK DRIVING
The worst thing to do in a DUI case is to rush in and plead guilty, or go to court with an attorney who doesn’t really handle DUI cases. We’ve been in the DUI defense for over 17 years, and have handled hundreds of cases. Along the way we’ve helped a lot of people who thought they were beyond help.
Even if you think your case is a lost cause, we can often make a bad case better. But you must act almost immediately after your arrest, or you lose an important chance to challenge your arrest and any breath test or refusal. Whether you’re facing your second or third DUI, or driving while license suspended, chances are we’ve handled cases like it before successfully.
PERSONAL INJURY
A serious injury or wrongful death claim is a one-time thing. Settle or go to trial, what you get is all you’re ever going to get. No matter the pain and suffering.
A lot of “personal injury mills” will gladly sign you up. At these big, impersonal firms, you hardly ever see a lawyer. Once you’re committed, you sit and wait. And wait. Why? Because there are dozens of cases ahead of yours - big ones and small ones - all more likely to be settled than tried.
If we take your case, we’ll take it seriously. We’ll work it and keep you informed. And we won’t be afraid to try it, if you aren’t offered the money you deserve. No Recovery...No Fee*
So you have a choice. You can be a number with somebody else, or a real client with us.
Our Philosophy
“We are not in the practice of law solely to make money. We share a commitment to helping others and believe that by doing our best for each client we help elevate our profession.”
Surviving Your Drunk Driving Case
Start with what’s at stake: If you’re not worried about jail time, you’re worried about protecting your driver’s license and your job. Next, avoid cut-rate lawyers. The less a lawyer charges, the less he can work your case. And, you don’t need the “help” of an attorney who doesn’t do a lot of DUI work.
The sooner you call, the sooner we can help.
How Much Does a Good Criminal Lawyer Cost?
Good lawyers get their reputations by working hard for every client. It stands to reason, then, that the less you pay a lawyer, the less time he can afford to spend on your case.
Bring your case to us and we’ll start with an in-depth discussion not about fees, but about the charges and the facts surrounding your case. We’ll discuss possible defenses, sentencing guidelines and whether or not jail is a realistic possibility. Only then do we talk about fees.
We have over 18 years of criminal law experience.
_____________
3. Police officers observation of passing of cigarette pack in high crime area may permit investigation. State v. Pineiro 181 NJ 13 (2004.) The totality of the circumstances failed to support a finding of probable cause to search Pineiro's co-defendant without a warrant.
4. Police officers seeing currency passing and small items passing may permit search State v. Moore 181 NJ 40 (2004)
Law enforcement officers had probable cause to arrest and to search and seize evidence from Moore.
____________________
5. Photo- Giants Super Bowl Pro Bowl Center Bart Oates with Kenneth Vercammen at the NJ State Bar Association Annual Meeting in Atlantic City
http://www.njlaws.com/bart_oates.htm
_____________________________
New articles:
6. Directions to the Middlesex County Courthouse- Main Courthouse with Civil and Criminal Courts
http://www.njlaws.com/directions_to_middlesex_court.htm
Directions to other Superior Courts in New Jersey from Kenneth Vercammen's Law Office in Edison
http://www.njlaws.com/directions_to_courts_superior.htm
ESSEX
HUDSON
HUNTERDON
MERCER
MONMOUTH
OCEAN
SOMERSET
UNION
Estate Planning for Cancer Patients
Compiled by Kenneth Vercammen, Past Vice-Chair, ABA Elder Law Committee, GP Section
http://www.njlaws.com/estate_planning_for_cancer_patients.htm
Schedule III Narcotics- An Indictable Drug Charges
http://www.njlaws.com/schedule_3_narcotic.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
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 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. Methamphetamine- A criminal offense in New Jersey
2. How To Choose a Lawyer
3. Police officers observation of passing of cigarette pack in high crime area may permit investigation
4. Police officers seeing currency passing and small items passing may permit search
5. Photo- Giants Super Bowl Pro Bowl Center Bart Oates
6. Directions to the Middlesex County Courthouse and other County Courthouses
__________________________
1. Methamphetamine- A criminal offense in New Jersey
Methamphetamine ("meth") can take a novice user and transform him or her into a speed freak in record time. Methamphetamine tempts users with dramatic bursts of energy, talkativeness, and excitement. On meth, users don’t need sleep or food, and they can keep going and going for hours. Meth "energy" lasts a few hours, and then slams the user into an exhausted, weak, drug-craving crash.
Under the influence of meth, users feel "wired" and edgy. They are often unpredictable, acting friendly and sociable, and then suddenly lashing out in suspicion and violence. Many users compulsively repeat meaningless tasks for hours or pick at imaginary bugs on their skin until it bleeds.
The methamphetamine crash makes users feel depressed, anxious, paranoid, and aggressive. They are typically exhausted and shaking. Above all, they usually crave more methamphetamine. When users begin to crash, they start looking for more meth. Even first-timers will binge and crash on the drug until they run out of money or become too mentally disorganized to continue.
Criminal charges can cost persons. If convicted, you can face prison, fines over $10,000, jail, probation over 18 months, and other penalties. Methamphetamine is a Controlled Substance, Schedule III drug.
Our new website article sets forth more detail on Methamphetamine http://www.njlaws.com/methamphetamine_a_criminal_offense_in_NJ.htm
____________________
2. How To Choose a Lawyer
You want to hire the right lawyer.
REPUTATION COUNTS
There’s fear in hiring a lawyer. You’re stepping into the unknown. Our firm is a well known and respected one in criminal, probate and civil trial practice. We’re known as being fair, reasonable, tough and professional. Ask around about us.
CRIMINAL LAW
Some lawyers talk a great game. But once retained, you never hear from them again until the trial. That’s not good. No matter how experienced an attorney is, it won’t help if he isn’t willing to work your case. Knowing the system is one thing, but doing what it takes to make it work for you is another.
We start with straight talk about the law, your chances in court and whether or not you’re facing jail. Next we talk to witnesses, prosecutors, the court- anyone who impacts your case. If expert witnesses are needed, we know the best ones to call. You get a defense, not someone who just takes your money and holds your hand while you plead guilty. We handle everything from serious crimes to traffic and juvenile matters.
DRUNK DRIVING
The worst thing to do in a DUI case is to rush in and plead guilty, or go to court with an attorney who doesn’t really handle DUI cases. We’ve been in the DUI defense for over 17 years, and have handled hundreds of cases. Along the way we’ve helped a lot of people who thought they were beyond help.
Even if you think your case is a lost cause, we can often make a bad case better. But you must act almost immediately after your arrest, or you lose an important chance to challenge your arrest and any breath test or refusal. Whether you’re facing your second or third DUI, or driving while license suspended, chances are we’ve handled cases like it before successfully.
PERSONAL INJURY
A serious injury or wrongful death claim is a one-time thing. Settle or go to trial, what you get is all you’re ever going to get. No matter the pain and suffering.
A lot of “personal injury mills” will gladly sign you up. At these big, impersonal firms, you hardly ever see a lawyer. Once you’re committed, you sit and wait. And wait. Why? Because there are dozens of cases ahead of yours - big ones and small ones - all more likely to be settled than tried.
If we take your case, we’ll take it seriously. We’ll work it and keep you informed. And we won’t be afraid to try it, if you aren’t offered the money you deserve. No Recovery...No Fee*
So you have a choice. You can be a number with somebody else, or a real client with us.
Our Philosophy
“We are not in the practice of law solely to make money. We share a commitment to helping others and believe that by doing our best for each client we help elevate our profession.”
Surviving Your Drunk Driving Case
Start with what’s at stake: If you’re not worried about jail time, you’re worried about protecting your driver’s license and your job. Next, avoid cut-rate lawyers. The less a lawyer charges, the less he can work your case. And, you don’t need the “help” of an attorney who doesn’t do a lot of DUI work.
The sooner you call, the sooner we can help.
How Much Does a Good Criminal Lawyer Cost?
Good lawyers get their reputations by working hard for every client. It stands to reason, then, that the less you pay a lawyer, the less time he can afford to spend on your case.
Bring your case to us and we’ll start with an in-depth discussion not about fees, but about the charges and the facts surrounding your case. We’ll discuss possible defenses, sentencing guidelines and whether or not jail is a realistic possibility. Only then do we talk about fees.
We have over 18 years of criminal law experience.
_____________
3. Police officers observation of passing of cigarette pack in high crime area may permit investigation. State v. Pineiro 181 NJ 13 (2004.) The totality of the circumstances failed to support a finding of probable cause to search Pineiro's co-defendant without a warrant.
4. Police officers seeing currency passing and small items passing may permit search State v. Moore 181 NJ 40 (2004)
Law enforcement officers had probable cause to arrest and to search and seize evidence from Moore.
____________________
5. Photo- Giants Super Bowl Pro Bowl Center Bart Oates with Kenneth Vercammen at the NJ State Bar Association Annual Meeting in Atlantic City
http://www.njlaws.com/bart_oates.htm
_____________________________
New articles:
6. Directions to the Middlesex County Courthouse- Main Courthouse with Civil and Criminal Courts
http://www.njlaws.com/directions_to_middlesex_court.htm
Directions to other Superior Courts in New Jersey from Kenneth Vercammen's Law Office in Edison
http://www.njlaws.com/directions_to_courts_superior.htm
ESSEX
HUDSON
HUNTERDON
MERCER
MONMOUTH
OCEAN
SOMERSET
UNION
Estate Planning for Cancer Patients
Compiled by Kenneth Vercammen, Past Vice-Chair, ABA Elder Law Committee, GP Section
http://www.njlaws.com/estate_planning_for_cancer_patients.htm
Schedule III Narcotics- An Indictable Drug Charges
http://www.njlaws.com/schedule_3_narcotic.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
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 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 E152 April 25, 2004
In this issue:
1.
_______________________________________
Special meeting of Municipal Court Section NJ State Bar Association permitted to attend Monday, April 26
Speaker- NJSBA President Karol Corbin Walker
Topic: Meetings with Supreme Court and pending Legislation
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Members of NJ State Bar Association NJSBA permitted to attend
1. NUTS & BOLTS OF ELDER LAW 2004
1. WILLS
2. POWER OF ATTORNEY
3. LIVING WILLS
4. LIVING TRUSTS
5. TAX CONCERNS
6. ADMINISTRATION OF ESTATES
7. MEDICAID PLANNING
8. CONTESTED PROBATE
9. LONG TERM CARE INSURANCE/ ASSET PROTECTION
10. GUARDIANSHIP
SPEAKERS:
Martin A. Spigner, Esq.
Kenneth A. Vercammen, Esq.:
Authors: "Answers to Questions About Probate"
Thomas Begley, Jr.
Kathleen Browning, Esq.
Kathleen Burns, Esq
Date: Wednesday, May 5, 2004
5-9 P.M. Mt. Laurel
Recommended for Attorneys, Accountants, Life Insurance Agents, Financial Planners and Elder Law Professionals
Sponsored by New Jersey Institute for Continuing Legal Education & NJ State Bar Assoc. 732-214-8500
Tuition includes dinner and 300 plus page Book
For fees and registration, Call ICLE 732-214-8500
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice.
This practical program is designed to provide the nuts and bolts of elder law A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own.
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations Jointly-held property;
“I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
• Contested Probate
• Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
• Guardianship
Registration fees range between $85-120
Contact New Jersey Institute for Continuing Legal Education ICLE ®
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com
http://www.njicle.com
COOPERATING & WORKING WITH YOUR ATTORNEY
When do I need a lawyer?
This really depends on your situation. Generally, you should think about obtaining legal advice regarding:
* Serious accidents
* Deaths
* Business transactions
* Starting or terminating a business
* Being accused of a crime
* When someone sues you
* Planning for distribution of your property and/or care of your young children after your death
* Writing a will
* Retirement planning
* Appearances, applications or appeals to courts
If a problem like one of these faces you, call my office as soon as you can. Many simple problems get more complicated as time passes.
When in doubt, talk with me. A brief consultation can help you decide if a lawyer’s assistance is needed.
When I get a lawyer, what can I expect?
In most cases, my representation follows a careful step-by-step process that may include:
* Conferring with you, the client to pinpoint the situation and determine what you wish to accomplish
* Gathering and analyzing all available facts and information
* Interviewing everyone involved with the case
* Studying laws and previous decisions that may apply to your situation
* Offering advice and preparing contracts or other appropriate documents (such as wills, incorporation papers).
* Preparing legal arguments for contested matters, and representing you in any negotiations for settlement and court appearances.
Don’t Try To Cut Corners When Facing Crucial Issues in Your Life.
It might be dangerous for you to choose a lawyer purely on an estimate of fees. “Shopping around" for the "cheapest " lawyer may not be the best approach because that lawyer may not be the most qualified to handle the case. You also want to be certain an attorney is doing most of the work, rather than an inexperienced new lawyer or legal secretaries or clerks.
What Should I Do at my First Meeting Concerning Legal Advice?
* Be prepared to give a brief explanation of your legal problem — and what ultimate result you would like the lawyer to help you achieve.
* Bring copies of any written records that explain your problem.
*Write down questions you want the lawyer to answer.
How Do I Insure a Good Lawyer-Client Relationship?
Remember, good legal assistance is not a one-way street. You have to cooperate with my office if you really want to be helped.
The attorney-client relationship is confidential except, according to the Rules of Professional Conduct, if it is necessary for the lawyer to disclose information to the proper authorities in order to prevent a client from committing a criminal, illegal or fraudulent act likely to perpetrate a fraud upon a tribunal. Here are some important tips to follow:
* Please provide me with an objective statement of all the facts. According to the Rules of Professional Conduct, a lawyer may “counsel or assist a client in a good faith effort to determine the validity, scope, meaning or application of the law.” However, an attorney is not permitted to “counsel or assist in conduct that the lawyer knows is illegal, criminal or fraudulent, or in the preparation of a written instrument containing terms the lawyer knows are expressly prohibited by law.”
* Don’t look for simple, quick answers to complex questions. Lawyers are justifiably cautious in drawing conclusions or answering questions about complicated legal problems. Attorneys and judges know that cases are rarely “open and shut.”
* Let the law office know about any new developments in your case.
* Don’t hesitate to ask questions about any matter relevant to your case. Remember, though, I am not a doctor, psychiatrist, marriage counselor or financial advisor.
* Work with my office. If you don’t understand why something should be done or have doubts about some action recommended, ask questions and get an explanation.
* Be patient - Don’t look for instant results. Trust my office and I to follow through on the case but don’t hesitate to ask for progress reports from time to time.
About Legal Fees, What Can I Expect?
The time, study, experience and attention your attorney gives your problem all determines the legal fees. I have invested tens of thousands of dollars on such things as education, staff, books, journals, rent, office equipment, and insurance. Consequently, a lawyer must set a charge for his services th
1.
_______________________________________
Special meeting of Municipal Court Section NJ State Bar Association permitted to attend Monday, April 26
Speaker- NJSBA President Karol Corbin Walker
Topic: Meetings with Supreme Court and pending Legislation
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Members of NJ State Bar Association NJSBA permitted to attend
1. NUTS & BOLTS OF ELDER LAW 2004
1. WILLS
2. POWER OF ATTORNEY
3. LIVING WILLS
4. LIVING TRUSTS
5. TAX CONCERNS
6. ADMINISTRATION OF ESTATES
7. MEDICAID PLANNING
8. CONTESTED PROBATE
9. LONG TERM CARE INSURANCE/ ASSET PROTECTION
10. GUARDIANSHIP
SPEAKERS:
Martin A. Spigner, Esq.
Kenneth A. Vercammen, Esq.:
Authors: "Answers to Questions About Probate"
Thomas Begley, Jr.
Kathleen Browning, Esq.
Kathleen Burns, Esq
Date: Wednesday, May 5, 2004
5-9 P.M. Mt. Laurel
Recommended for Attorneys, Accountants, Life Insurance Agents, Financial Planners and Elder Law Professionals
Sponsored by New Jersey Institute for Continuing Legal Education & NJ State Bar Assoc. 732-214-8500
Tuition includes dinner and 300 plus page Book
For fees and registration, Call ICLE 732-214-8500
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice.
This practical program is designed to provide the nuts and bolts of elder law A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own.
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations Jointly-held property;
“I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
• Contested Probate
• Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
• Guardianship
Registration fees range between $85-120
Contact New Jersey Institute for Continuing Legal Education ICLE ®
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com
http://www.njicle.com
COOPERATING & WORKING WITH YOUR ATTORNEY
When do I need a lawyer?
This really depends on your situation. Generally, you should think about obtaining legal advice regarding:
* Serious accidents
* Deaths
* Business transactions
* Starting or terminating a business
* Being accused of a crime
* When someone sues you
* Planning for distribution of your property and/or care of your young children after your death
* Writing a will
* Retirement planning
* Appearances, applications or appeals to courts
If a problem like one of these faces you, call my office as soon as you can. Many simple problems get more complicated as time passes.
When in doubt, talk with me. A brief consultation can help you decide if a lawyer’s assistance is needed.
When I get a lawyer, what can I expect?
In most cases, my representation follows a careful step-by-step process that may include:
* Conferring with you, the client to pinpoint the situation and determine what you wish to accomplish
* Gathering and analyzing all available facts and information
* Interviewing everyone involved with the case
* Studying laws and previous decisions that may apply to your situation
* Offering advice and preparing contracts or other appropriate documents (such as wills, incorporation papers).
* Preparing legal arguments for contested matters, and representing you in any negotiations for settlement and court appearances.
Don’t Try To Cut Corners When Facing Crucial Issues in Your Life.
It might be dangerous for you to choose a lawyer purely on an estimate of fees. “Shopping around" for the "cheapest " lawyer may not be the best approach because that lawyer may not be the most qualified to handle the case. You also want to be certain an attorney is doing most of the work, rather than an inexperienced new lawyer or legal secretaries or clerks.
What Should I Do at my First Meeting Concerning Legal Advice?
* Be prepared to give a brief explanation of your legal problem — and what ultimate result you would like the lawyer to help you achieve.
* Bring copies of any written records that explain your problem.
*Write down questions you want the lawyer to answer.
How Do I Insure a Good Lawyer-Client Relationship?
Remember, good legal assistance is not a one-way street. You have to cooperate with my office if you really want to be helped.
The attorney-client relationship is confidential except, according to the Rules of Professional Conduct, if it is necessary for the lawyer to disclose information to the proper authorities in order to prevent a client from committing a criminal, illegal or fraudulent act likely to perpetrate a fraud upon a tribunal. Here are some important tips to follow:
* Please provide me with an objective statement of all the facts. According to the Rules of Professional Conduct, a lawyer may “counsel or assist a client in a good faith effort to determine the validity, scope, meaning or application of the law.” However, an attorney is not permitted to “counsel or assist in conduct that the lawyer knows is illegal, criminal or fraudulent, or in the preparation of a written instrument containing terms the lawyer knows are expressly prohibited by law.”
* Don’t look for simple, quick answers to complex questions. Lawyers are justifiably cautious in drawing conclusions or answering questions about complicated legal problems. Attorneys and judges know that cases are rarely “open and shut.”
* Let the law office know about any new developments in your case.
* Don’t hesitate to ask questions about any matter relevant to your case. Remember, though, I am not a doctor, psychiatrist, marriage counselor or financial advisor.
* Work with my office. If you don’t understand why something should be done or have doubts about some action recommended, ask questions and get an explanation.
* Be patient - Don’t look for instant results. Trust my office and I to follow through on the case but don’t hesitate to ask for progress reports from time to time.
About Legal Fees, What Can I Expect?
The time, study, experience and attention your attorney gives your problem all determines the legal fees. I have invested tens of thousands of dollars on such things as education, staff, books, journals, rent, office equipment, and insurance. Consequently, a lawyer must set a charge for his services th