2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, May 11, 2010

NJ Laws Email Newsletter E335

NJ Laws Email Newsletter E335
Kenneth Vercammen, Attorney at Law

May 12, 2010

In This Issue:

Recent Cases
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:
(732) 572-0500



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

Free Program

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

June 27

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