2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 26, 2008

NJ Laws Email Newsletter E281 - August 26, 2008

In This Issue
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


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:

Presiding Judge, Union County

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

Brigiani, Cohen, & Schneider (East Brunswick)

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.


· 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
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

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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.



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