2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 26, 2008

NJ Laws Email Newsletter E281 - August 26, 2008

In This Issue
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1. Recent Cases: Statement by Eye Witness not Admissible as Emergency investigation.

2. Statement to DYFS Worker Under Emergency is Admissible.

3. Handling Drug, DWI & Motor Vehicle Violations In Municipal Court - September 15, 2008 5:30 PM to 9:30 PM.

4. Marketing Survey for American Bar Association.

5. Upcoming Charity Running Races.

6. Estate Planning.

7. New Articles on www.NJLaws.com

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1. Recent Cases: Statement by Eye Witness not Admissible as Emergency investigation. State in the Interest of J.A. ___ NJ ___ (Decided 6-23-08) A-2-07.


The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger. The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the admissions of the statements violated J.A.'s Sixth Amendment right to confront the witnesses against him.


2. Statement to DYFS Worker Under Emergency is Admissible. State v. Buda ___ NJ ___ (Decided 6-23-08) A-4/5-07.


The trial court did not abuse its discretion in determining that the child's statements to his mother and the DYFS worker were properly admitted into evidence as "excited utterances" under N.J.R.E. 803(c) (2). The Child's statements were not testimonials and, hence, their admission at trial did not run afoul of the Confrontation Clause.
3. Handling Drug, DWI & Motor Vehicle Violations In Municipal Court - September 15, 2008 5:30 PM to 9:30 PM.


New Jersey Law Center, New Brunswick

Speakers include:

HON. JOAN ROBINSON GROSS
Presiding Judge, Union County

KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Editor: "New Jersey Municipal Court Review"
2006 NJSBA Municipal Court Practitioner of the Year
Kenneth Vercammen & Associates (Edison)

WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen, & Schneider (East Brunswick)

JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)

Dennis Driscoll
Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong)

Attendees receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines.

This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses.

Includes:

EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE IN SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING
· Lab reports in drug cases
· Driving while suspended and enhanced penalties
· Jurisdiction issues for serious motor vehicle accidents
· Increased refusal penalties
· Assault
· Defenses to no-insurance cases
· Drug recognition expert cross-examination
· How to impress the Court and not annoy the Court staff
· Forms, motions and demand letters
· Criminal case law developments during the past year
· Sentencing arguments in multiple offense cases
· What's new on the Alcotest 7110 breath testing machine
· New laws and pending legislation
and more

Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division
For registration costs and details, contact
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
732-249-5100
http://www.njicle.com/seminar.aspx?sid=362
program: S1507d-14380
4. Marketing Survey for American Bar Association.


Greetings professionals and business owners. I serve as the Deputy Chair of the American Bar Association's Criminal Law Committee General Practice Division. I am organizing an article on marketing and public relations for a professional or business owner. To help us, would you please fill out the below form and either fax, mail or email your response to my office.


1. Best sources of regular new business:
_____________________________________________
_____________________________________________

2. Your marketing home run. Something you did to try to get business that exceeded your expectations: _____________________________________________
_____________________________________________


3. Your marketing zero. Something you did marketing/ advertising that was not worth the time, money or effort: _____________________________________________
_____________________________________________

Other suggestions for young professionals starting their practice:
_____________________________________________
_____________________________________________


Please fill out and fax, mail or email back to Kenneth Vercammen, Esq. KenVnjlaws@verizon.net
5. Upcoming Charity Running Races:

9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am-Elizabeth NJ The Ultimate Beer Truck


9/14/2008 ECI School for Children Run/Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ


9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k, 8:30am


9/21/2008 "War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ


9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell

9/27/08 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am


9/27/2008 Carnegie 5k For team when you register, write RVRR


9/28/2008 Treasure Island Sprint Triathlon, 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ


9/28/08 Bishop Ahr HS 5k 11am
6. Estate Planning Law is Extremely Complex and Ever Changing.


Kenneth Vercammen and Associates represent many individuals to prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you.

Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would like to talk to you about your overall financial goals.

Our services are provided in an efficient manner and are reasonably priced.

Maybe it's time we get together. Our co-counsel Martin Spigner Esq. can assist you in the preparation of your income tax returns, in financial planning or in any other tax or accounting service. Please call for an appointment.

We look forward to hearing from you.
7. New Articles on www.NJLaws.com


Thank you for reading our newsletter! God Bless America USA #1

We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.

(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.

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
Posted by at

Tuesday, August 05, 2008

NJ Laws Email Newsletter E280 - August 5, 2008

In This Issue
_______________
1. Recent cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.
2. Parking garage is quasi-public area so refusal to take breath test can be charged.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.
4. Reasons to Join the Edison Elks or an Elks in your community.
5. Next month’s charity running races.

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1. Recent Cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.


An Eatontown man whose eyesight was damaged in May 2006 when a golf ball flew into his eye as he drove past Eagle Oaks Golf and Country Club in Farmingdale has settled his suit against the club, a neighboring homeowner and his landscaping contractor for a total $725,000. A driving-range ball left Eagle Oaks' property and struck his client in the eye, an account disputed by the golf course, which claimed the ball could have been launched from Carl Capoano's property that was getting mowed by a landscaping contractor at the same time. Under terms of the settlement, none of the parties admitted guilt, but Capoano and Canfield Lawn and Landscaping each paid $37,500, while Eagle Oaks was hit for the remaining $650,000. After the accident, Guhl's vision in the injured eye went from 20/20 to 20/100, and he most likely will need a corneal. Source NJ Lawyer Daily Briefing 8/1/08

2. Parking garage is quasi-public area so refusal to take breath test can be charged. State v. Bertrand Law Division, Hudson County, Municipal Appeal No. 58-07, December 4, 2007, not approved for publication.


Following a trial de novo, the Law Division determined that the defendant was guilty of refusal to submit to a Breathalyzer test in violation of N.J.S.A. 30:4-50.2; the police received a report of an intoxicated driver in the parking garage at a cooperative apartment complex; the officers found the defendant, who was a resident of the complex, sleeping on a bench about 40 feet from his vehicle, which matched the description of the vehicle in the report; §39:4-50.2 provides that any person who operates a vehicle "on any public road, street or highway or quasi-public area" is deemed to have given consent "to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood"; the parking garage was a "quasi-public area"; thus, the requirement that the defendant submit to a Breathalyzer test did not violate his constitutional rights.

Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.


SATURDAY, AUGUST 9, 2pm Elder Law 2008 -Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York

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
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
4. Reasons to Join the Edison Elks or an Elks in your community.


The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.

I have enjoyed my Community Elks membership in the Edison Elks for 15 years.

ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
1. New Years Eve Party
2. Lobster Night
3. St. Patty's Dinner
4. Good Friday Dinner
5. Officers Installation & Dinner
6. Easter Egg Hunt for Children
7. Wildwood Convention
8. Swim Club opening for Elks/YMCA Edison Pool
9. Family Pool Day
10. Beef & Brew
11. Family Pool Night
12. Nascar Night
13. Soccer Shoot out for Children
14. Halloween Party for Children
15. Ladies Auxiliary Christmas Party
16. Christmas Party for Children

Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.

Elks expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."

Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.

Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.

In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars.

In approximately 2,300 Elks Lodges throughout the United States, men prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
5. Next month's charity running races:

8/16/2008 Long Branch Sprint Triathlon Series-

8/16/2008 400 mtr swim,9.5 mile bike, 3 mile run 6:45am or 800 mtr swim, 18 mile bike, 5 mile run, 6:30am Time Trial Start Long Branch NJ

8/23/2008 Lacey Township Alliance 5k Run 5k,8:30am, 1 mile 8am, kiddie dashes following 5k Forked River NJ


9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am Elizabeth NJ The Ultimate Beer Truck


9/13/2008
The 17th Annual Bayshore Classic 5K Road Race 5k Run 9am Holmdel NJ


9/14/2008
ECI School for Children 5k Run / Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ

9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k,8:30am


9/21/2008
"War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ


9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell


9/27/2008 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am

9/27/2008 Carnegie 5k For team when you register, write RVRR

9/28/2008 Treasure Island Sprint Triathlon 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ


9/28/2008 Bishop Ahr HS 5k 11am




Thank you for reading our newsletter! God Bless America USA #1

We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.

(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)

Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.

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
Posted by at
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