NJ Laws Email Newsletter E335
Kenneth Vercammen, Attorney at Law
May 12, 2010
In This Issue:
1. No Specific Words Required for Miranda Warnings.
2. OPRA Limits Copy Fees to Actual Costs.
3. Next Community Events
4. If You Are Hurt In an Accident, We Can Help.
Office Phone Number:
1. No Specific Words Required for Miranda Warnings. Florida v. Powell 175 L.Ed 1009 __ S. Ct. ___ (Dec. 7, 2009)
In a state prosecution for possession of a weapon by a convicted felon, a reversal of defendant's conviction on Miranda grounds is reversed where the police satisfied Miranda's requirements by informing defendant that he had "the right to talk to a lawyer before answering any of their questions," and that he had "the right to use any of his rights at any time he wanted during the interview.
Advice that a suspect has "the right to talk to a lawyer before answering any of [the law enforcement officers'] questions," and that he can invoke this right "at any time . . . during the interview," satisfies Miranda.
2. OPRA Limits Copy Fees to Actual Costs. Smith v. Hudson County __ NJ Super __ (A-1762-08T2 App. Div. February 10, 2010)
Judge Sabatino wrote: "We must bear in mind the public policies underlying the OPRA statute as a whole. The purpose of OPRA is "'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)(quoting Asbury Park Press v. Ocean County Prosecutor's Office, 374 N.J Super. 312, 329 (Law Div. 2004)). Toward that end, the Legislature declared in OPRA, as "the public policy of this State," that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest . . . [.]" N.J.S.A. 47:1A-1(emphasis added). "[Any limitations on the right of access accorded by [the former
RKL][,] as amended and supplemented, shall be construed in favor of the public's right of access." Ibid. These broad legislative findings in favor of "readily accessible" government records have been repeatedly recognized and applied in case law under OPRA. See, e.g., Burnett v. County of Bergen, 198 N.J. 408, 421-22 (2009); Mason, supra, 196 N.J. at 64-65; Times of Trenton Publ'g Corp. v. Lafayette Yard Cmty. Dev. Corp., 183 N.J. 519, 535 (2005); MAG Entm't LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 544 (App. Div. 2005).
These public policies in OPRA favoring reasonable citizen access to government records have long been part of our State's history and tradition. For example, in Moore, supra, 39 N.J. at 30, the Supreme Court acknowledged the "vital importance" of a citizen's right to inspect certain records maintained by the government. Slip op p 28- 29"
3. Next Community Events:
May 15, 2010
CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648
When you register, write down under the team category- "RVRR."
May 16, 2010
Jersey Shore Kick Off Sprint Triathlon Men [http://r20.rs6.net/tn.jsp?t=cwmwptdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.trifind.com%2Fre_10954%2FJerseyShoreKickOffSprintTriathlonWeekendMen.html&id=preview]
Only Berkeley Island County Park, Bayville (Exit 77 GSP) 6:50am [paid]
Thursday,May 20, 2010
Major Criminal and Traffic Cases Affecting Municipal Court
Borgata Hotel Casino & Spa, Atlantic City
Municipal Court Practice Section 8 - 9:30 a.m.
Up-to-the minute information on the newest cases and procedures affecting New Jersey
municipal court practice.
Hon. Roy McGeady,
PJMC Chair, Presiding Municipal Court Judges Conference
Kenneth Vercammen, Esq.
Past Chair, NJSBA Municipal Court Section, Edison, NJ
Past Municipal Court Attorney of the Year
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
CD with forms and Materials provided to all attendees!
NJ State Bar Association Annual Meeting and Convention
May 19 - 21, 2010
For Registration information, call the Meetings Department at 732-249-5000. NJSBA,
New Jersey Law Center, One Constitution Square, New Brunswick, NJ 08901-1520.
May 23, 2010
Highland Park 5k 9am
May 27, 2010 12-12:30PM
Avenel Wills and Power of Attorney Seminar
Golden Circle of Avenel
Held at St. Andrews, 244 Avenel St. Avenel, NJ 07001
Speaker: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
For additional information and registration, call Dolores 732-750-2822
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate",
Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
May 28, 2010
Legends of Belmar Night- . Join Ken V and friends the Friday night before Spring
Lake 5 race for "Legends Night" in Belmar at D'Jays, Bar A & Columns
Brendan Vercammen Graduation Party
5. 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