NJ LAWS EMAIL NEWSLETTER E521
Kenneth Vercammen, Attorney at Law
|
Greetings!
In this issue:
1. Annual Happy Hour &
Networking Social July 14, 2017 All Friends, past clients, Attorneys,
NJ Bar Members, Staff, Professionals, Law Enforcement invited to Happy
Hour & Networking Social at Bar Anticipation
2. Recent cases: Restraining Order TRO vacated where defendant not served.
A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016)
3. Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016)
4. Fun Upcoming Running Races & events selected by Kenneth Vercammen If you are attending any of these charity races.
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1. Annual Happy Hour & Networking Social July 14, 2017
All Friends, past clients, Attorneys, NJ Bar Members,
Staff, Professionals, Law Enforcement invited to Happy Hour &
Networking Social at Bar Anticipation 703 16th Ave. Lake Como/ Belmar, NJ 07719
Free !
5:30-7:55PM Hot & Cold Buffet
The reduced price Happy Hour is 6-7PM with $2.00 House Drink, Bud/BudLt draft & House Wine Special.
Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please
bring a canned food donation for the St. Matthews St. Vincent DePaul
food bank, continuing to provide food and help to individuals in need. 4
blocks from Belmar Train Station and 6 blocks from the ocean.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com
Happy Hour Party Bar Anticipation
We need a couple of volunteers for a short period of time.
- 1 Volunteer: Hang up signs and banner
- 1 Volunteer: Help check names off and give out VIP wristbands
- 1 Volunteer: Help give out free stuff to our guests, but stop outsiders from stealing bags and stuff
- 1 Volunteer: Help lug canned food donations for Community Food Bank to car at end of party
- Photographer - ______
If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817
732-572-0500 VercammenLaw@Njlaws.com
2. Recent cases: Restraining Order TRO vacated where defendant not served.
A.M.C. VS. P.B. 447 NJ Super. 402 (App. Div. 2016)
The Family Part found defendant physically assaulted his wife twice over a
three-week period. Applying the two-prong analysis in Silver v. Silver,
387 N.J. Super. 112, 125-27 (2006), the judge found an FRO was not
necessary to protect plaintiff from future acts or threats of violence.
The court held the Family Part failed to adequately consider the
inherently violent nature of the predicate acts. Under these
circumstances, the need to issue an FRO was "self-evident." Silver,
supra, 387 N.J. Super. at 127.
Defendant, a
Newark Police Officer, was not served with the TRO. Notwithstanding
defendant's failure to object, N.J.S.A. 2C:25-28l, N.J.S.A. 2C:25-28n,
and the Domestic Violence Procedures Manual makes the Judiciary
responsible to serve defendant with the TRO. The court held the trial
court had an obligation to determine what caused this systemic failure.
The court further held the trial court erred as a matter of public
policy when it considered the Judiciary's failure to carry out this
legal responsibility as a factor in favor of denying plaintiff's
application for an FRO. A-4730-14T3
3. Live witness not mandatory at detention hearing. State v Ingram 449 NJ Super. 94 (App. Div. 2016)
Defendant appealed from an order detaining him
pretrial pursuant to the Bail Reform Act (the Act), N.J.S.A. 2A:162-15
to -26. The State presented the complaint-warrant, the affidavit of
probable cause, the Preliminary Law Enforcement Incident Report and the
Public Safety Assessment to establish probable cause for defendant's
arrest and grounds for detention. Collectively, the documents
demonstrated that a firearm had been discharged, police officers
personally observed defendant in possession of a gun and seized the
weapon and spent shell casings. Pretrial Services recommended that
defendant be detained, or released with the highest level monitoring,
including electronic monitoring.
Defendant objected, arguing a live witness with
knowledge of the incident sufficient to permit meaningful
cross-examination was required. The judge overruled the objection,
considered the State's proffered evidence and entered the order of
detention.
On appeal, defendant argued that permitting the State to
establish probable cause by proffer and without calling a witness
violated his due process rights and the Act. The Court disagreed and
affirmed the detention order, finding that allowing the State to proceed
by proffer did not violate due process or the Act. However, the court
noted that at detention hearings under the Act, the judge retains
discretion to reject the adequacy of the State's proffer and compel
production of a "live" witness. A-1787-16T6
Often we car pool or meet at these events.
July 15, 2017 Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event. 8am
Jul 15, 2017 North Brunswick Heritage Day 5K Run
July 15, 2017 St. Thomas Aquinas High School 40 year Reunion Class of 1977 (aka Bishop Ahr High School) 7pm- 11pm
Where: Edison Elks Lodge/ Edison Community Pool 375 Old Post Road
Edison NJ 08817-4653
July 22, 2017 SeasIT 5K | Saturday, | Allenhurst
Nice scenic and flat run through the neighborhoods of Allenhurst
July 23, 2017 5k Run / Walk VFW Post 133 East Brunswick, NJ 9AM free burgers, beer food
July 30, 2017 Sun JFK Medical Center Miles for Minds 5K Roosevelt Park Edison, NJ Wakefern Shoprite co-sponsor
August 5, 2017 Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor
August 12, 2017 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor
Editorial Assistance provided Natali Taglic who is currently participating in our summer internship progam. Ms. Taglic will be attending Boston College School of Law beginning September of 2017.
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Editor's Note and Disclaimer:
All
materials Copyright 2017. You may pass along the information on the NJ
Laws Newsletter and website, provided the name and address of the Law
Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
