2053 Woodbridge Avenue - Edison, NJ 08817

Friday, September 23, 2011

E376 NJ Laws Email Newsletter

NJ Laws Email Newsletter E376
Kenneth Vercammen, Attorney at Law

September 21, 2011

Office Phone Number:
(732) 572-0500
In This Issue:
1. County Surrogate Urges Seniors to Check Bank Safe Deposit Box Policies.
Recent Cases:
2. Expert can Testify to Lab Report if they Watched & Supervised Lab Test.
3. Private Citizen cannot Appeal Dismissal of Criminal Case Dismissed on No Probable Cause.
4. Fun Upcoming Running Races and Community Events.
5. Social Networking Websites for Networking and Fun.

1. County Surrogate Urges Seniors to Check Bank Safe Deposit Box Policies.
The Union County Surrogate is urging residents, seniors in particular, to make sure they understand their bank's policy should the need arise to remove their Last Will and Testament or other sensitive documents from a safe deposit box.
In New Jersey, the probate process can begin with the presentation of the original Will and a death certificate with a raised seal. Banks from out of state have implemented policies and procedures that disregard New Jersey's Probate practice. Prior to the large-scale acquisitions of local banks by larger out-of-state-banks, the practice in New Jersey was to allow surviving family members to remove three things from the safe deposit box prior to the appointment of an executor or administrator.
Those items are funeral or burial arrangements, insurance policies with a named beneficiary, and the decedent's Last Will and Testament. Recent bank mergers and acquisitions have made it increasingly difficult for the estate representative or family member to get the documents needed to have a Will probated or to determine if there is no Will.
"Out-of-state-banks are requiring people to acquire a document that is non-existent in the New Jersey Probate Code," Union County Surrogate, Mr. LaCorte said. "They have failed to give proper acknowledgement to what has always been the procedure in New Jersey in these times of hardship."
Before renting a safe deposit box, it is advised to check the policy and be clear on the process to remove items from the box. Make certain that these large banks will allow those documents to be removed without requiring an order from the Surrogate's Court. Smaller local community banks will probably serve the public better in this regard. If a safe deposit box is already rented and the bank has merged with another bank, it is advisable to review the bank's policies for any changes. If the policy makes it difficult to remove items, than the family should find another bank.
2. Recent Cases: Expert can Testify to Lab Report if they Watched & Supervised Lab Test. State v Rehmann 419 NJ Super. 451 (App. Div. 2011).
In seeking to prove defendant's blood alcohol content in this DWI prosecution, the State called an expert to testify in regards to the results of a laboratory test performed on the defendant's blood sample by another technician. In considering defendant's argument that the failure to produce the other technician violated the rights guaranteed him by the Confrontation Clause of the Sixth Amendment, the court held that in such circumstances the State must call a witness who has made an independent determination as to the results offered. The court concluded that a surrogate witness knowing nothing but what is stated in another's report will not satisfy a defendant's confrontation rights but nevertheless affirmed and found that the State called an appropriate witness because the witness supervised the testing process and signed the laboratory certificate.
3. Private Citizen cannot Appeal Dismissal of Criminal Case Dismissed on No Probable Cause. State v Bradley 420 NJ Super. 138 (2011).
A private citizen is not a "prosecuting attorney" as defined in Rule 3:23-9. Accordingly, if a municipal court administrator or municipal court judge finds no probable cause to issue a complaint at the request of a private citizen, that citizen lacks standing to appeal the decision.

4. Fun Upcoming Running Races and Community Events

If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events.
9/24 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park
9/25 Lavallette Sprint triathlon Swim ¼ mile, Bike 12 miles, Run 3.1 miles Boy Scout Troop #22 Jesse W. Anderson Sprint7:30 $40.00 +
Monday September 26, 2011 at 1:00 PM
Wills & Power of Attorney Seminar for St. Thomas Seniors Old Bridge
WHERE: St Thomas The Apostle Church
One St Thomas Plaza [off Route 18]
Old Bridge, NJ 08857
10/1 Metuchen Fair 9:00AM set up
10/1 Taste of Sea Bright
Saturday Noon to 5:30PM, rain or shine
Ticket cost: $40
Anjelica's Restaurant
Bagel Boys
Diamond Deck Tiki Bar
The Dockside
Driftwood Cabana Club & Catering
Kotobuki Japanese & Korean Cuisine
The Liquor Store at Sea Bright
The Mad Hatter
McLoone's Rum Runner
Philomenia's Italian Restaurant
Sea Bright Supermarket
Trattoria "G"
Windows on the Water
Waves Hair Studio
Woody's Ocean Grill
Yumi Neo-Asian Cuisine
(Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimited trolley/bus rides throughout the event
10/2 Jersey Shore Half Marathon & 5k 13.1 and 5k Sandy Hook 9am
5. Social Networking Websites for Networking and Fun.
Kenneth Vercammen was a speaker for the American Bar Association at its annual meeting. One of the programs recommended businesspersons join Facebook and other online social networking sites/
Visit some of the below social networking site for ideas. These are examples of Ken Vercammen's profiles:
1. Facebook:
2. Linkedin.com:
3. Myspace:
4. Twitter:
5. Meet the Elite:
6. Google:
7. Flickr:
8. Justia Lawyer Directory:
10. JD Supra:
11. Avvo Legal rating:
12. Athlinks: Running Race Results
13. Lawlink
14. Delicious
15. ActiveRain
16. Spoke
18 Friendfeed.com:
Kenneth Vercammen Video Sites:
V1. YouTube:
Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.