In This Issue
_______________
1. Memorial Day Remembrance
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com)
3. Will Appointments (New article on website www.njlaws.com)
4. Two step police interrogation invalid., State v. O'Neill (Recent case)
5. No trial without defendant unless defendant willfully absent., State v. Luna (Recent case)
6. Can't Be Convicted of "Attempt" to Commit a DP., State v. McGrath
7. This week's events
--------------------------------------------------------------------------------
1. Memorial Day Remembrance.
This week has been designated as Armed Forces week. Every American should pause for a moment and say a prayer for those brave men and women who are serving in our armed forces. Whether they are on the battlefield, or serving stateside, they are protecting the freedoms we hold so dear. Whether they are active, reserve or National Guard, they deserve our respect. Regardless of our own personal opinions on various policies and conflicts, we need to stand together and in one united voice say "THANK YOU."
This brings us to the final holiday in May. Memorial Day is an occasion where we once again honor our military, but in a different light. We pause on this day to remember those soldiers who paid the ultimate price for our freedom. I sincerely hope every person finds some way to participate in the Memorial Day ceremonies in their own communities.
The Edison Memorial Day Parade is Sunday.
The Metuchen Memorial Day Parade is Monday, starting on Main Street in Metuchen.
http://www.njlaws.com/GeneralWondrack.htm
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com).
New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.
More info at http://www.njlaws.com/fro.htm
3. Will Appointments (New article on website www.njlaws.com).
Please call our office during business hours to make an appointment for a confidential appointment.
To help provide better service and answer your questions, please fill out our Confidential Will Questionnaire on
http://www.njlaws.com/will_Questionnaire.htm
You may want to fax or mail the interview sheet to our office prior to the appointment.
You should bring to the appointment:
1. The completed Will Questionnaire Sheet
2. Your questions written out.
3. All papers you have in connection with your Will. (Prior Wills, Living Wills, Powers of Attorney, etc.)
4. If available, you may want to bring:
Deed to Real Estate, Copy of Real Estate Tax Bills, Health Insurance Policy, Existing Nursing Home Contract (if any), Existing Life Insurance Policies, Life insurance paperwork indicating the face value, death benefit, and cash value with respect to the policy, Copies of all current bank statements, Copies of all Series E or EE bonds, Most current statement from Stockbroker, Most current Mutual Fund statements, Most current statement for IRA account, Most current statement of Qualified Retirement Account (Non-IRA), Complete copies of any Annuities, Copies of any Notes or Mortgages Receivable by you.
The scope of the services we anticipate performing for you are as follows:
1. Will review and update, if appropriate.
2. Living Will review and update, if appropriate.
3. General Durable Power of Attorney review and update, if appropriate.
At our initial meeting, we will discuss the matter, and provide a written retainer statement. I will quote you a fixed fee for the projected legal work. This way you will know at the beginning what your costs will be. Clients can now pay fees by check, Visa, MasterCard, American Express, Discover, cash or money order. Once retained, we will represent your interest vigorously.
As you might imagine, we have many requests for appointments and our schedule is very full. Therefore, we ask that you make every effort to keep your appointment. If, for some reason, you are unable to do so, please notify us at least 48 hours in advance by calling 732-572-0500.
More information at
http://www.njlaws.com/will_Questionnaire.htm
4. Two step police interrogation invalid., State v. O'Neill __ NJ __ NJ Supreme Court (A-79-06) 12-20-07(Recent case).
As a matter of state law, when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination.
5. No trial without defendant unless defendant willfully absent State v. Luna __ NJ __ NJ Supreme Court (A-68-06) 12-19-07 (Recent Case).
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
6. Can't Be Convicted of "Attempt" to Commit a DP. State v. McGrath NJ Super. (App. Div. Decided August 3, 2007) A-3297-05T1. Not Approved For Publication.
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
7. This Week's Events:
Friday, May 23 Join Ken V and friends for the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns The Official start of summer! Call Ken V if attending 732-572-0500
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake Spring Lake NJ followed by volleyball at Bar A. Free food and discount drinks. Thank you Bar A.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter 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 2008. 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
Tuesday, May 20, 2008
Monday, May 12, 2008
NJ Laws Email Newsletter E273 - May 9, 2008
NJ Laws Email Newsletter E273 - May 9, 2008
In This Issue
_______________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
___________________________________________________________________________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter 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 2008. 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
In This Issue
_______________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
___________________________________________________________________________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter 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 2008. 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
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