1. Testimony for State by Defendant's Investigator Violated Right to Counsel. State v. Nunez 436 NJ Super. 70 (App. Div. 2014)
2. Judge must Recuse from case if involved as prosecutor. State v. Presley 436 N.J. Super. 440 (App. Div. 2014)
3. Protective sweep permitted where shots fired in high crime neighborhood. State v. Gamble 218 N.J 412 (2014)
4. Free Office Space for New Attorney and go to Court & Mentor program- Edison, NJ available October 1
5. Next community events
6. Welcome our Fall 2015 Law Clerks
1. Testimony for State by Defendant's Investigator Violated Right to Counsel. State v. Nunez 436 NJ Super. 70 (App. Div. 2014)
The court reverses defendant's murder conviction because the trial judge permitted the State to bolster its case by calling defendant's investigator to testify to a prior consistent statement of the State's only eyewitness in violation of defendant's right to counsel.
2. Judge must Recuse from case if involved as prosecutor. State v. Presley 436 N.J. Super. 440 (App. Div. 2014)
In State v. McCann, 391 N.J. Super. 542 (App. Div. 2007), the court announced a prospective "bright-line rule" that called for invalidating search warrants issued by a judge who was bound to recuse himself or herself based on a prior relationship. Upon being advised he had prosecuted one of the defendants when he was an assistant prosecutor, the trial judge recused himself. So, the question here is not one of recusal but of remedy. Defendants here ask us to apply McCann to the following facts: the judge prosecuted only one of the defendants; no defendant alleges the judge was biased or aware of the disqualifying facts when he issued the warrants or that there was insufficient probable cause for their issuance; and finally, the defendant prosecuted by the judge withheld the disqualifying facts while appearing before the judge on unrelated matters for "strategic" reasons for over a year. The court concludes that McCann is distinguishable; the remedy sought by defendants will not serve the interests of the Code of Judicial Conduct; and the appropriate remedy should be determined by what is "required to restore public confidence in the integrity and impartiality of the proceedings, to resolve the dispute in particular, and to promote generally the administration of justice." DeNike v. Cupo, 196 N.J. 502, 519 (2008).
3. Protective sweep permitted where shots fired in high crime neighborhood. State v. Gamble 218 N.J 412 (2014)
Under the totality of the circumstances, which provided the officers with a reasonable and articulable suspicion that defendant was engaged in criminal activity, the investigatory stop and protective sweep of the passenger compartment of the van were valid.
4. Free Office Space for New Attorney and go to Court & Mentor program- Edison, NJ available October 1
Kenneth Vercammen's Law Office has a space sharing opportunity for new lawyer or recent unemployed attorney to get experience and go to court and learn NJ Law office procedures. This is a mentoring experience where you can learn NJ Law Office Procedure.
Attorney will be provided with use of desk on main floor, plus if needed private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, prosecutors, clients, etc, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
Go to court and get court experience. Excellent opportunity to jump-start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office.
The following is included with office use:
Desk space
Reception room for clients and use as Bona Fide Office
You can copy and use our Complaints, Motions, Form Letters and Pleadings.
Use our marketing books, marketing CDs, Criminal, Municipal Court and Elder law audiotapes and video library now located in basement
Use of our computer forms Motions, Complaints, and Form letters
Ability to use a file cabinet in basement to store your old files
Lighting/ Utilities
Bathroom Supplies
Landscaping / Snow Removal
Valuable advice
Hot water, municipal water/sewer charge paid
If interested, fax, email or mail a resume and cover letter.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
5. Next community events
10/4 Shillelagh 5K Bar A Lake Como, New Jersey
10/5 Jersey Shore Half Marathon & Lighthouse 5k Sandy Hook 9am
10/6 North B Wills & Power of Attorney Seminar
North Brunswick Chapter #3885 of AARP 1:30
North Brunswick Senior Center, 15 Linwood Place, North Brunswick, NJ 08902
If someone you know does not have a Will, please have them contact us.
10/8 NJSBA Open house
10/11 Race to Outrun Hunger Roosevelt Park
10/11 Metuchen Fair
10/12 East Brunswick 5k & 10k 1pm RVRR well run event www.ebrr.org, post race we go to Lori's Lakeside on Farrington Lake, North Brunswick
6. Welcome our Fall 2015 Law Clerks:
Bangi Laki Northeastern
Kerin Sajjad Rutgers Newark
James Gomes William Paterson
Daniel Park John Jay
Donte Bronaugh Rutgers
Greg Burton St. Joes High
At the request of several placement offices, we have established the volunteer Law Clerk Internship Program and Public Defender Internship. I serve as a mentor and reference on behalf of students who finish the program. We show students how to communicate with clients, set up litigation files, obtain police reports, and the importance of marketing. We remain available after their 12-week internship for references and questions. I have a feeling of satisfaction helping the students. Someday, when these students become the Chief Justice, they will remember the lawyer who helped them out in the beginning. This personal mentor/internship program has given me friendship and a feeling of accomplishment. We also bridge the gap between school placement offices and the real world by providing career advice and suggestions.
If any other students are also interested, please have them send us a cover letter and resume immediately.
Editorial Assistance provided by Donna DeFrancisco. Ms. DeFrancisco is currently participating in our Fall Internship Program.
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