NJ Laws Email Newsletter E317

NJ Laws Email Newsletter E317
Kenneth Vercammen, Attorney at Law

October 14, 2009

In This Issue:
Recent Important Cases:
1. Mirror Obstruction Should Obstruct Driver's View for Violation.
2. After Bail and Released, Police Could Question Defendant.
3. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
4. Community Events Reminder

RECENT IMPORTANT CASES:

1. Mirror Obstruction Should Obstruct Driver's View for Violation. State v. Barrow
408 NJ Super. 509 (App. Div. 2009)
A police officer stopping a motor vehicle for violating N.J.S.A. 39:3-74 must provide
articulable facts showing that he or she reasonably believed that an object hanging
from a rearview mirror obstructed the driver's view.
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2. After Bail and Released, Police Could Question Defendant. State v. Wessells
408 NJ Super. 188 (App. Div. 2009)
In this appeal the court holds that, pursuant to both the federal and New Jersey
Constitutions, a person who has asserted the right to counsel during a police custodial
interrogation and is subsequently released may be interrogated again if the break
in custody afforded a reasonable opportunity to consult an attorney.
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3. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
State v. Nunez-Valdez 200 NJ 129 (2009)
There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
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4. Community Events Reminder:

Saturday, October 17, 2009
9:00 AM to 12:30PM

Magic Show 2
Location: Broadway Theatre
For More Information Contact the Gloucester County Bar Association at phone number:
856-848-4071or Visit Website:
Magic Show 2 [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.gcbanj.org%2Fseminareventcalendar.html&id=preview]
Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.njicle.com%2Fdirection.aspx%3Flcid%3D126&id=preview],
Mt. Laurel
Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.njicle.com%2Fdirection.aspx%3Flcid%3D125&id=preview],
Edison (Raritan Center)
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Monday October 19 7 - 8:30 P.M.
WILLS, PROBATE AND ELDER LAW-
Adult and Community Education
East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Fee: $29
For additional information, call the East Brunswick Adult Education Office for registration
information 732- 613-6989 Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr.
Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NJ Laws Email Newsletter E318

NJ Laws Email Newsletter E318
Kenneth Vercammen, Attorney at Law

Happy Halloween Week!

October 27, 2009

In This Issue:

1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the
Criminal Law- DWI section

RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
3. Police Can Arrest Juvenile if Curfew Violation and No ID.
4. Connect with us on Facebook Social Networking Websites for People and Businesses.
5. If You Are Hurt On The Job, We Can Help.

1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the Criminal Law- DWI Section for the Second Year in a Row.

Of over 79,000 attorneys in New Jersey, only three were selected as Super Lawyers
in the Criminal Law- DWI category.

HOW SUPER LAWYERS ARE SELECTED
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers.

http://www.njlaws.com/superlawyer.htm [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation. State v. Nunez-Valdez 200 NJ 129 (2009)

There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Police Can Arrest Juvenile if Curfew Violation and No ID. State in the Interest of R.M. 408 NJ Super. 304 (App. Div. 2009)

A juvenile who is found on the streets in violation of a municipal curfew ordinance
and is unable to produce any identification may be arrested and detained until identification can be produced and the juvenile released to the custody of his or her parents.

A juvenile who is arrested for a curfew violation may be searched incident to that
arrest before being transported to police headquarters.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Connect with us on Facebook Social Networking Websites for People and Businesses

Kenneth Vercammen was a speaker for the American Bar Association at the Defending
Internet Related Crimes Seminar at the ABA Annual Meeting in Chicago July 31st and
with Jay Foonberg of Beverly Hills for Estate Planning & Probate on August 1st.
A newer way to connect with friends and other business owners is become active in
online social networking websites. At the American Bar Association Annual meeting
the ABA Elder Law Committee of the GP Solo Division included details in this program
which also looks at online social networking.

Visit some of the below Social networking site for ideas. These are examples of
Ken Vercammen's profiles:

1. Facebook:
http://www.facebook.com/kenneth.vercammen?ref=name [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]

2. Linkedin.com:
http://www.linkedin.com/in/kennethvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.linkedin.com%2Fin%2Fkennethvercammen&id=preview]

3. Myspace:
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4. Twitter:
http://twitter.com/kenvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Ftwitter.com%2Fkenvercammen&id=preview]

5. Meet the Elite:
http://www.MeetTheElite.net/vercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.meettheelite.net%2Fvercammen&id=preview]

6. Google:
http://www.google.com/profiles/kenvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.google.com%2Fprofiles%2Fkenvercammen&id=preview]

7. Flickr:
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8. Justia Lawyer Directory:
http://lawyers.justia.com/lawyer/mr-kenneth-albert-vercammen-esq-1171249/ [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Flawyers.justia.com%2Flawyer%2Fmr-kenneth-albert-vercammen-esq-1171249%2F&id=preview]

9. Yahoo:
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10. JD Supra:
http://www.jdsupra.com/profile/KennethVercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.jdsupra.com%2Fprofile%2FKennethVercammen&id=preview]

11. Avvo Legal rating:
http://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html?edit=true [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.avvo.com%2Fattorneys%2F08817-nj-kenneth-vercammen-571594.html%3Fedit%3Dtrue&id=preview]

12. Athlinks: Running Race Results:
http://www.athlinks.com/racer.aspx?rid=23481836 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.athlinks.com%2Fracer.aspx%3Frid%3D23481836&id=preview]

13. Lawlink:
http://www.lawlink.com/profile.aspx?networkProfileId=3841 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.lawlink.com%2Fprofile.aspx%3FnetworkProfileId%3D3841&id=preview]

14. Delicious:
http://delicious.com/kenvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fdelicious.com%2Fkenvercammen&id=preview]

15. ActiveRain:
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16. Spoke:
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17. Eons NJLaws Newsletters & Legal Seminar Photos:
http://www.eons.com/members/profile/743858 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.eons.com%2Fmembers%2Fprofile%2F743858&id=preview]

18. Legally Minded- ABA
http://be.legallyminded.com/profile_view.aspx?CustomerID=vercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fbe.legallyminded.com%2Fprofile_view.aspx%3FCustomerID%3Dvercammen&id=preview]

19. Friendfeed.com:
http://friendfeed.com/vercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Ffriendfeed.com%2Fvercammen&id=preview]

Kenneth Vercammen Video sites:

V1. YouTube:
http://www.youtube.com/user/kvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen&id=preview]

V5. Metacafe:
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V6. Revver:
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V8. Windows Live Space:
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V10. Bebo:
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V11. Digg
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V12. Hi5:
http://hi5.com/friend/p164548434--Kenneth_Vercammen--html [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fhi5.com%2Ffriend%2Fp164548434--Kenneth_Vercammen--html&id=preview]

V13. Orkut:
http://www.orkut.com/Main#Profile?uid=17513593040289518671 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.orkut.com%2FMain%23Profile%3Fuid%3D17513593040289518671&id=preview]

V14. Mixx:
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V15. Veoh:
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V16. Virb.com:
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V17. Gather:
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V19. Plaxo:
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V19. Motionbox:
Others cannot view profile unless they have an account themselves.

V20. BlipTv:
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V21. MyYearBook:
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V23. StumbleUpon:
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V24. Crackle:
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TubeMogul:
Others cannot view profile unless they have account themselves.
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5. If You Are Hurt On The Job, We Can Help

On the job injuries are common. If you have an injury or illness due to your job,
you may be entitled to receive money under workers' compensation laws.

If you are hurt on the job or suffer a job-related illness, call us to find out
about obtaining workers' compensation benefits. They can be vital in providing for
your medical care and the care of you and your family while you are not working.

Call promptly so you do not risk losing benefits because you waited too long. Don't
get hurt twice, let us help you get the maximum award you deserve.
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Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr. Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.

NJ Laws Email Newsletter E316

NJ Laws Email Newsletter E316 Kenneth Vercammen, Attorney at Law

October 7, 2009

In This Issue:

Recent Important Cases:

1. Condo Parking Garage is Quasi-public for Refusal Violation.

2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance

for Another Underage Person who has Consumed Alcoholic Beverages.

3. Community Events

4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning

5. Wills, Probate and Elder Law-- Adult and Community Education

6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a Discussion on the Newly Released Court Rules

7. Next Non-Profit Races

8. Recent NJ Laws Tube on YouTube

RECENT IMPORTANT CASES:

1. Condo Parking Garage is Quasi-public for Refusal Violation. State v. Bertrand ___ NJ Super. ___ (App. Div. 2009) A-2378-07T4 Defendant's conviction for refusing to provide breath samples, N.J.S.A. 39:4-50.2, is affirmed. The parking garage of a high-rise condominium that held 354 cars, and the use of which was restricted to residents of that building, constituted a "quasi-public area" for purposes of the statute.

2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance for Another Underage Person who has Consumed Alcoholic Beverages. Governor Jon S. Corzine signed ACS for A-3160/S-2748 which grants immunity to certain underage persons for unlawful possession or consumption of alcoholic beverages. This is an amendment to NJSA 2C:33-15 that will provide statutory immunity to certain individuals who consume alcoholic beverages while under the legal age to do so. This law establishes "9-1-1: Lifeline Legislation," to grant immunity to underage drinkers who unlawfully consume or possess alcoholic beverages, whether on public or private property, if they call for medical assistance for another underage person who has consumed alcoholic beverages. The law also provides immunity to an underage person who receives such medical assistance. NJSA 2C:33-15 generally prohibits either the consumption or possession of an alcoholic beverage by a person under the age of 21. Under current law, a person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage on public property is guilty of a disorderly persons offense. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. If the offense is committed in a motor vehicle, the offender's driver's license is also suspended for six months. Current law also authorizes municipalities to enact ordinances to make it an offense for underage persons to possess or consume alcoholic beverages on private property. A violation of such a municipal ordinance is punishable by a fine of $250 for a first offense and a fine of $350 for subsequent offenses. The court also may suspend the offender's driver's license for six months. Under the new law, an underage person and one or two other persons are immune from prosecution under these underage drinking laws if: (1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption; (2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator; (3) the underage person was the first person to make the 9-1-1 report; and (4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. The law also provides immunity for the underage person who receives medical assistance. (Sponsors Angelini,Johnson, Bramnick,Evans/S. Kean,Girgenti)

3. Community Events: Metuchen Fair rescheduled to: October 10, 2009 10am-4pm

4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning WHEN: Wednesday, October 14, 2009 TIME: 12:15-1:00 PM WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison, NJ Invited: CPA's, Financial Planners, Insurance Producers, Nursing Home Administrators, Hospital and Nursing Home Social Workers, Medicaid Workers, Office on Aging Personnel, Senior Club Presidents, and Accountants The cost for this program previously at Middlesex County College was $29.00. If you email back prior to October 10 you can attend for free. COST: Free if you pre-register. This program is limited to 15 people Complimentary Sandwiches to pre-registered persons at 12:10 SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)

5. Wills, Probate and Elder Law-- Adult and Community Education WHEN: Monday October 19 7 - 8:30 P.M. WHERE: East Brunswick Adult & Community Education Program, East Brunswick High School, Cranbury Rd COST: $29 For additional information, call the East Brunswick Adult Education Office for registration information at 732-613-6989. INSTRUCTOR: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate) COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of "Answer to questions about Probate" will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions. 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.CentralJerseyElderLaw.com [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.centraljerseyelderlaw.com%2F&id=preview]. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to: Kenv@njlaws.com.

6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a discussion on the newly released court rules. Monday, October 26, 2009; 6:00PM to 9:30PM Sheraton Edison, Edison (Raritan Center) Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Section Gain a thorough understanding of Municipal Court practice, procedure, & recent developments; Criminal Case Law and Legislative Update The Prosecutor's Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Judicial Perspective : Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff; New Court Rules Recent developments in traffic law, merged traffic tickets and more DWI and Chun A special Q&A session: Ask the Experts Speakers include: KENNETH A. VERCAMMEN, ESQ. Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee K. Vercammen & Associates (at Mt. Laurel & Edison) HON. ROBERT J. ZANE, III, PJMC (Camden) (at Mt. Laurel) WILLIAM G. BRIGIANI, ESQ. (at Mt. Laurel & Edison) ROBERT A. GLEANER, ESQ. Prosecutor in Audubon and Stratford (Camden County) (at Mt. Laurel) JOHN MENZEL, ESQ. (at Mt. Laurel & Edison) HON. JOHN J. COYLE, JR. JSC (Belvidere) (at Edison) HON. JOAN ROBINSON GROSS, PJMC (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) NORMA M. MURGADO, ESQ. Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge)

7. Next Non-Profit Races If you are attending, call Ken V to car pool from East Brunswick area.

October 11, 2009 Deal 5 miler 5k Deal hot dogs & free beer October 18, 2009 Sunday East Brunswick 1pm 5k & 10k RVRR Well run event Road closed to traffic www.ebrr.org [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.ebrr.org%2F&id=preview] October 25, 2009 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run -- discount beer November 1, 2009 Viking 5K, South Brunswick November 8, 2009 Cocoa Beach Florida 2 mile [Ken V is defending champion] November 21, 2009 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer November 27, 2009 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am November 29, 2009 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event with Race Director: Dave Z. Free food and discount beer at Outback December 6, 2009 Arthritis 5k Metuchen

8. Recent NJ Laws Tube on YouTube: Simple Assault and Aggravated Assault: Simple Assault and Aggravated Assault YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview] Self Defense Law and Defense Against Assault Charges: Self Defense Law and Defense Against Assault Charges YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview] Back & Neck Injury in Accident: Back & Neck Injury in Accident YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dlh5bZjFP1fY%26feature%3Dchannel_page&id=preview] Prohibited Weapons & Possession of Weapons for Unlawful Purpose: Prohibited Weapons & Possession of Weapons YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DHwJlayuLEEw%26feature%3Dchannel_page&id=preview] Conspiracy 2C:5- 2: Conspiracy 2C:5-2 YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D13_DFORQY0c%26feature%3Dchannel_page&id=preview] Theft of Movable Property 2C:20-3: Theft of Movable Property YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DB4dl-4h-ris%26feature%3Dchannel_page&id=preview] Law on Refusal to provide breath samples after arrested for DWI/DUI: Refusal DWI/DUI YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dl1uh1Ahyevs%26feature%3Dchannel_page&id=preview] Speeding and Radar: Speeding and Radar YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DtdVk8nmJJis%26feature%3Dchannel_page&id=preview] PTI Pre Trial Intervention to Stop and Dismiss Criminal Charges: PTI Pre Trial Intervention to Stop and Dismiss Criminal Charge YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DQfkLbQ-GgUY%26feature%3Dchannel_page&id=preview] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Thank you for reading our newsletter! God Bless America USA #1

NJ Laws Email Newsletter E315

NJ Laws Email Newsletter E315

Kenneth Vercammen, Attorney at Law

September 23, 2009

In This Issue:

1. If Emergency Call, Police Can Enter and Seize Item in Plain View.

2. School Officials Cannot Search Child's Underwear for Drugs.

3. Judge Can Suspend DL for Traffic Offense.

4. MotionFor Termination of Child Support UponEmancipation in New Jersey.

5. Next CommunityEvents and Races.

IMPORTANT CASES:1. If Emergency Call, Police Can Enter and Seize Item in Plain View. State v. O'Donnell408NJ Super. 177 (App. Div. 2009)Evidence observed in plain view during a police entry into a residence to provideemergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officersresponsible for processing the crime scene

2. School Officials Cannot Search Child's Underwear for Drugs. Safford Unified School. Dist. No. 1. v. Redding 129 S.Ct. 2633 (2009)In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the searchof Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear

3. Judge Can Suspend DL for Traffic Offense. State v. Moran 408 NJ Super. 412 (AppDiv. 2009)The Court rejects the constitutional challenges to N.J.S.A. 39:5-31, which authorizes,without standards or limits, driver's license suspensions for willful motor vehicle violations.

4. Motion for Termination of Child Support upon Emancipation in New JerseyChild support is usually paid through a wage withholding garnishment at the parent'sjob. Child support orders and wage withholding continue forever against you untila Superior Court Judge signs a Formal Court Order terminating or modifying support.It is not sufficient for you to simply wait for a child to finish school. Many Divorcedecrees and Property Settlement Agreements state that child support will end uponemancipation. For example, the term "emancipation" is sometimes defined as follows:(i) The completion of the child's formal education on a matriculated basis, whetherit be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing gradesthe child shall not be considered emancipated. (ii) Upon the completion of any ofthe aforesaid segments of the child's education, and upon the failure to commencethe next segment of his education, or upon leaving school, the child shall be deemedemancipated unless failure to continue on with his education has resulted from injuryor illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papersincluding a copy of the Final Judgment for Divorce, any other Child Support Orders,copy of birth certificate if available, proof of graduation from school or workingfull time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in theCounty Superior Court where the child support Order was entered.The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates highschool. Most child support Order continue child support if the child is in collegefull time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child supportonly for the period of time the child was not residing at college.More information at: http://www.njlaws.com/term_of_child_support_upon_emancipation.

5. Next Community Events and Races

September 26 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park

September 26 Monroe 5k September 26 Edison Fall Festival

September 26 Jersey Shore JSRC Relay

September 27 Treasure Island Sprint Triathlon 600 meter swim,10.5-mile bike, 3 mile run, Pt Pleasant NJ

September 27 Bishop Ahr HS 5k 12 noon 1 Tingley Ln, Edison

September 27 Oysterfest Asbury Park

October 3 Metuchen Fair 10am

October 3 Sea Bright The TASTE OF SEA BRIGHT(Trolley Hop), as this event will sell out quickly.Only 1000 tickets will be sold.Eventgoers ride the trolley and hop to 20 different stopsfor samplings of food, drinks, cocktails, door prizedrawings, and incredible free giveaways!

EVENT DATE: Saturday, Oct. 3, 2009 TIME: 11:30 a.m. - 5:30 p.m.(Trolley and busses will run until 6:30)Ticket cost: $40 - ALL INCLUSIVE.Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimitedtrolley/bus rides throughout the event - and you'll even get a complimentary SBBAbackpack to carry all the goodies you'll receive from the stops on the map!On the day of the event, park in Sea Bright (designated parking areas are indicatedon your map/passport) and visit the stops in ANY order you wish , at any time between11:30 and 5:30 p.m. on the day of the event. This year, we will have a trolley and2 busses continuously loop the course, dropping you off and picking you back up at each stop. By the time you've had a complimentary drink and food sampling, thetrolley/bus will be back around to pick you up and take you to your next stop. Whereelse can you spend an entire afternoon eating, drinking, receiving free give-awaysand having fun with your friends for only $40? The event ends at 5:30 pm, but thetrolley and busses will continue to provide free transportation until 6:30 p.m.

www.visitseabright.com/taste-of-sea-bright-trolley-hop.html

October 4 Clamman Triathlon Berkeley Twp TriathlonJersey Shore Tri Club 7AM

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