E410 Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney 2. 2012 Planning Time Concerns

NJ Laws Email Newsletter E410 Kenneth Vercammen, Attorney at Law    December 12, 2012   Office Phone Number:      (732) 572-0500    www.njlaws.com   In This Issue:  1. Holiday Gift  Idea! .....Gift  Certificates for  Wills or Power of  Attorney  2.  2012 Planning Time Concerns   by: Martin M.  Shenkman,  PC  3. Testimony at    DV Trial can be  used at criminal  trial for  impeachment  State    v Duprey  4. Next Charity  Events Greetings!    1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney    During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done. The Law Office of Kenneth Vercammen's Holiday special includes: *A Simple Will without Trust * Follow up legal advice *A 2-year subscription to the NJ Laws Email News - All for only $350.00! - Call 732-572-0500 for the Gift Certificate Details on Wills: http://www.njlaws.com/wills.htm Power of Attorney: http://www.njlaws.com/power_of_attorney.htm    2.  2012 Planning Time Concerns by: Martin M. Shenkman, PC 4 Forest Avenue, Paramus, New Jersey 07652 Phone 201-845-8400  shenkman@shenkmanlaw.com Summary: 2012 is the year of the estate plan. Here's some tips to make it really happen for you and your heirs. If you snooze you loose: Lots of folks have waited waaaay toooo long to address 2012 planning. Many are finding out the hard way that most good advisers are too booked to help 'em. But lots of folks that think they are well along the 2012 planning path are still asleep at the switch and haven't followed up on many critical and time sensitive components of what they (not their advisers) have to follow up on to get their deals done. 2012 is unparalleled in tax planning history. The hand holding your CPA, attorney, wealth manager may have given you for planning in a prior year just ain't happening this round. Everyone that is any good is really overwhelmed. Every pro will drop balls because there are so many flying. To get your planning completed, and to get it completed right, you have to follow up. It's Crunch Time! OK Cap'n Crunch if you have 2012 gift planning still in the hopper, and you hope to complete it before year end, time is of the essence. The estate planning "machine" of local attorneys (e.g., who are needed for trusts in other states like Delaware), appraisers (real estate, business, discount, etc.), CPAs (e.g., cash flow projections which are essential for any note sale transaction or transfer of business interest), corporate counsel (essential to obtain lender, lease and other approvals and to draft the entity documentation essential to consummate a gift of an entity interest), trust companies (to review and approve trusts, serve in fiduciary capacities, open accounts), are all incredibly backlogged. Most appraisers and attorneys will no longer take any new matters for 2012. The closer we get to Auld Lang Syne the more this backlog will grow. It will become harder, if not impossible, to finish many 2012 transactions. Bob Keebler a smart well known CPA and retirement planning guru has expressed concern that those waiting too near year end to convert IRAs to Roths may find that their requests won't get processed. Deadline May be Before Year End: The election results, and President Obama's reiteration of this intent to have the wealthy bear more tax, has an ominous tone for anyone in the process of completing estate planning. No one knows what will happen in Washington. While it is possible that Congress will just kick the can down the road by extending the current estate tax regime, it is also possible that President Obama will push legislation through as part of addressing the fiscal cliff that will have a profound and negative impact on planning. Remember we got a new tax act in December 2010. Legislation to address the fiscal cliff could change the estate tax game rules before year end. Some provisions could be made effective as of the date of proposal, not enactment, which means you may lose the opportunity to implement a plan that is well underway. You need to expedite completing all planning. And many of the steps to do so are in your hands and are your responsibility. Speedy Gonzales gotta be your role model until New Years! Be Proactiv®: Proactive is not just a zit cream. It's how you have to hustle to get your planning done this year. You must be personally proactive in pushing your advisory team (anyone and everyone involved in your planning) forward. You must make it a priority to personally set up meetings to sign documents, meet with advisers and push each phase of planning to conclusion. The volume of work everyone in the estate planning machine is experiencing is unprecedented. There has never been a time in the history of the estate tax (no exaggeration) where you had to be more proactive, and more personally responsible, to assist and push your own planning to completion than now. Steps to Consider: What must you do now to increase the likelihood that your 2012 planning will be completed? Ask your advisers what specific steps you can take, and review the points below and act immediately to the extent that these matters pertain to you. If you are not sure, call and/or email each adviser that may be involved on the applicable component of your planning: Appointments: If you have a trust, shareholders agreement, deed or other legal document that has to be completed, call your estate, corporate, and real estate attorney, and schedule an appointment to review your documents, and a second appointment to sign. Get the key dates locked-in so the essential actions happen. ID Numbers: If you have an entity that needs a tax identification number (EIN, TIN), call your CPA and get one assigned immediately as you will not be able to open a bank, brokerage or other account without it. Record the EIN on the front page of the document so that you'll have it available whenever needed.      Moving Target: This is a volatile time for planning. Not only are there tremendous economic uncertainties and the future of the income and estate taxes unknown, but there have been rapid fire developments affecting key planning techniques vital to many 2012 transactions. Summary: President Obama has been reelected to a second term and has reiterated that he expects the wealthy to pay more income tax. Ordinary income tax rates may be raised by increasing the top two tax brackets to 36% and 39.6%. Capital gains tax rates increased for high-earners to 20%, plus the 3.8% surtax. The Republican position that rates should not be raised, even on the wealthiest taxpayers, might, to some extent depending on the shape of tax negotiations, morph into tighter restrictions on a range of deductions. Here's some planning tips to discuss with your CPA before year end. Medicare Tax: In 2013, a 0.9% Medicare tax will be imposed on wages and self-employment income over $200,000 for singles and $250,000 for married couples and a 3.8% Medicare tax will apply to net investment income if you adjusted gross income (AGI) exceeds $200,000 single ($250,000 joint). Investment income derived as part of a trade or business is not subject to the new Medicare tax unless it results from investment of working capital. Discuss asset allocation decisions with your investment adviser, and business liquid holdings with your CPA. Trustees should review distribution policies with the trust's CPA as paying distributions to beneficiaries under the tax threshold may save money. Deductions: Analyzing when to take deductions and losses. The usual rule to accelerate tax deductions and losses may be wrong. Because of possible tax increases the opposite approach might be best, but... If restrictions on deductions are enacted, then perhaps you should only defer deductions that aren't likely to be restricted. The reinstatement of the 3% AGI phase out of itemized deductions may also make many deductions of little value in 2013 regardless of other changes. So, the calculus of what to defer and what to accelerate could make this the most uncertain year-end ever. Roth Conversions: Convert your IRA to a Roth IRA at today's lower rates. Generally, convert by asset class to take advantage of market conditions and volatility. Roth IRAs are not subject to the required minimum distribution (RMD) rules that regular IRAs are subject to at age 70.5 so they're groovier for doctors and others worried about asset protection. Beneficiaries can realize tax free withdrawals from Roth IRAs, but not from regular IRAs. From an estate tax planning perspective, funding a bypass or applicable exclusion trust with a Roth IRA is much more efficient since they are full dollars, whereas funding with a regular IRA is not only more complex but it underutilizes the benefit because the dollars involved are partial or pre-tax dollars.  Recent Developments Article 1/3 Page [about 18 lines]: Seminars: We're planning a 2013 chronic illness speaking tour from NJ to South Dakota. If your charity or professional organization would like a presentation let us know as we are starting to develop an itinerary. Full Article Can be Downloaded at: http://www.shenkmanlaw.com/newsletters.php  Thanks to:  Martin M. Shenkman, PC 4 Forest Avenue, Paramus, New Jersey 07652 Phone 201-845-8400  Recent Cases: 3. Testimony at DV Trial can be used at criminal trial for impeachment State v Duprey 427 NJ Super. 314 (App. Div. 2012) A-5469-10T4 08-01-12 This case required us to determine whether testimony given by the plaintiff or defendant during the trial of a domestic violence matter can be used for the purposes of cross- examination in a related criminal trial. The Court determined that a broad application of the language of N.J.S.A. 2C:25-29(a), which provides that "testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant," would impair a criminal defendant's rights under the Confrontation Clause of the Sixth Amendment. The Court further determined that the Legislature did not intend to permit a criminal defendant who testifies at his criminal trial to be immune from cross-examination based on prior inconsistent statements made under oath at the DV trial. The Court held that testimony from a DV trial can be used for the limited purpose of cross-examination in a manner consistent with the opinion, but cannot be used as affirmative evidence except as permitted by the statute. 4. Next Charity Events: 12/12 RVRR Elections and pizza- Reformed Church 12/15 RVRR Christmas party 12/16 Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am 12/19 Raritan Valley Pub crawl New Brunswick, NJ 12/23 Mark Freezing cold has course with surveyor tape, decorate basement, decorate garage 12/30 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race, then discount beer at Wonder Bar 12/31 Jersey Shore Running Club Twilight Run, not a race Bar A Distance of run is about three miles.http://www.jsrc.org/ 1/1/2013 New Years Day Hangover Run 5k 12-noon CJRR Westfield       1/2/- 1/4 Freezing cold hash T-shirt pick up and decorate Green Derby Jan. 5, 2013 Freezing Cold Hash run & Party, Edison, NJ -Start Thomas Edison Park 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision. Skull shirt pick up Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison Volunteers needed call 732-572-0500     Editorial Assistance provided by Alexis Cirasuolo. Ms. Cirasuolo is a Junior at Kean University who is currently participating in Kenneth Vercammen's Fall Internship Program.

E409 Recent Cases: 1. MVC should not Suspend Driver's License for Civil Out of State Pot Fine. 2. Visible evidence seized Not on NCIC System is sometimes admissible. 3. Police cant search apartment after 911 call if no danger. 4. Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour 5. Holiday Gift Idea... Gift Certificates for Wills or Power of Attorney 6. Other Charity Events 7. If You Are Hurt In An Accident, We Can Help.

1. MVC should not Suspend Driver's License for Civil Out of State Pot Fine.Ritz v. Motor Vehicle Commission 426 NJ Super. 608 (App. Div. 2012)

       A violation of a South Carolina statute that imposes a "civil fine" of not more than $500 upon a person who is found in possession of drug paraphernalia does not constitute a "conviction . . . for a drug offense in [another] state" under N.J.S.A. 39:5-30.13, which mandates a six-month suspension of the offender's motor vehicle license, because a violation of such a civil regulatory statute is not a "drug offense," which is defined as a violation of a law of another state that is "substantially similar in nature to the 'Comprehensive Drug Reform Act of 1987.'"

2. Visible evidence seized Not on NCIC System is sometimes admissible. State v. Harris   __ NJ ___ (A-111-10; 067929) 8-16-12  

         Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent. A firearm's serial number is visible simply by looking at the weapon. Recording that number does not constitute a seizure, and entry of that number into the NCIC system and review of the results does not constitute a search. Whether the officers could recognize immediately that the assault rifle and large capacity magazines were illegal to possess are factual determinations that must be remanded to the trial court.

3. Police cant search apartment after 911 call if no danger. State v. Edmonds 211 NJ 117 (2012)

         In responding to a 9-1-1 report of possible domestic violence, once the police officers found that there was inadequate evidence to corroborate the 9-1-1 report and determined that the parties' safety was not an issue, there was no objectively reasonable basis to search the residence under either the community- caretaking or emergency-aid exceptions to the warrant requirement and the evidence obtained through the warrantless search must be suppressed.

4. Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour

Friday, December 7, 2012

5:00PM - 7:00PM

at Bar Anticipation [not damaged by hurricane]

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free 5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink,

Bud/Bud Lt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.

More details at:

http://www.facebook.com/events/534895713190747/

5. Holiday Gift Idea ........Gift Certificates for Wills or Power of Attorney

   During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:

*A Simple Will without Trust

* Follow up legal advice

*2-year subscription to NJ Laws Email News

** All for only $350.00! **

Call 732-572-0500 for the Gift Certificate

Details on Wills:

http://www.njlaws.com/wills.htm

Details on Power of Attorney:

http://www.njlaws.com/power_of_attorney.htm

6. Other Charity Events

12/2/12 Jingle Bell Run/Walk for Arthritis 5k run/walk, 10am Metuchen NJ 732-283-4300 x 329

12/2/12  RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event

12/8/12   Big Chill 5k Rutgers 9:10am New Brunswick NJ click RVRR when register ring

12/9/12` Toys for Tots 5K, 10am Freehold NJ FARC   732-431-2627

12/16/12Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am

12/19/12 Raritan Valley Pub crawl New Brunswick, NJ

7. 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 consultation.

E408 1. Defendant Entitled to Adjournment to Select Own Counsel. 2. Police should not Issue Arrest Warrant on Bad Check. 3. Next events 4. Reminder: December 7, 2012 - Kenneth Vercammen's Christmas Party/Holiday Happy Hour. 5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am Edison, NJ

E408 

1. Defendant Entitled to Adjournment to Select Own Counsel. 

 

2. Police should not Issue Arrest Warrant on Bad Check. 

 

3. Next events  

 

4.  Reminder: December 7, 2012 - Kenneth Vercammen's Christmas Party/Holiday Happy Hour.  

 

5.  Register now for:  FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ

1. Defendant Entitled to Adjournment to Select Own Counsel. State v. Kates 426 NJ Super 32 (App. Div. 2012) 

  

      The court concluded the trial court mistakenly exercised its discretion in denying defendant a continuance to enable him to retain counsel of his choice, after he learned on the eve of trial that the assistant deputy public defender who had been representing him was about to deployed for active military service.  Although the right to counsel of choice is not absolute and may be balanced against the court's interest in managing its calendar, the trial court failed to weigh the appropriate factors governing the discretionary decision whether to grant the requested continuance.  The availability of competent counsel not of defendant's choice was an insufficient basis for denying the continuance.  As deprivation of counsel of choice is a structural error not subject to harmless error analysis, reversal of defendant's conviction and a new trial is mandated. 

  

2. Police should not Issue Arrest Warrant on Bad Check. Greenberg v. NJ State Police Trooper Prsyszlak 426 NJ Super. 591 (App. Div. 2012)

      Following a dispute between plaintiff and defendant Oil Station, Inc. (OSI), which had performed an oil change on plaintiff's vehicle and allegedly damaged the vehicle's battery in the process, plaintiff closed the bank account on which he had made the original payment of $129.44 and provided OSI a check for $31.02, the amount which plaintiff felt was due.  OSI contacted the State Police, which conducted an investigation and ultimately concluded there was probable cause to believe plaintiff violated the bad check statute, N.J.S.A. 2C:21-5. 

Plaintiff was arrested in his home and held at a state police barracks until he agreed to pay the full amount OSI claimed was due.

       Plaintiff commenced this action, alleging false arrest, false imprisonment, various constitutional violations, and other common law torts.  The trial judge granted summary judgment in favor of the State Police and the other State defendants, as well as OSI and its representative.  The court reversed, concluding that an arrest within the home was unlawful absent an arrest warrant or exigent circumstances -- both of which were absent -- or consent, which turned on disputed questions of fact that could not be decided at the summary judgment stage.  The court also held there were genuine questions of material fact regarding the State defendants' claim that probable cause to arrest existed and on the defense of qualified immunity, thereby precluding summary judgment. 

       In addition, the court reversed the summary judgment entered in favor of OSI and its representative because that judgment was based on the trial judge's dismissal of the claims against the State defendants.  The court also found there was evidence to support plaintiff's theory that OSI and its representative conspired with the State defendants to falsely arrest and imprison plaintiff because, among other things, OSI had previously enlisted the aid of the State Police in the collection of OSI's unpaid bills.

  

3. Next events 

Fri Nov 17 James Bond movie 

Monday, November 19^th

8:30AM Review Major Municipal Court Cases from 2012, MCBA Office, 87 Bayard St., New Brunswick, NJ, 2 Credits

www.mcbalaw.com

new 11/24/12 5k race at Roosevelt Park Edison to benefit

11/25/12      Navesink 15k & 5k race with portions of proceeds to benefit victims of hurricane

_____    JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45

2012 Municipal Court College

Rescheduled date Dec 4 Tuesday

Tentative 12/16/12 Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090  11am

To be rescheduled: RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event

Cancelled for 2012 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer

Cancelled for 2012  Born to Run 5 mile 11am

4.  Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour

Friday, December 7, 2012

5:00PM - 7:00PM

at Bar Anticipation [not damaged by hurricane]

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free 5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.

More details at:

http://www.facebook.com/events/534895713190747/ 

5.  Register now for:

FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ

See info at:

www.njlaws.com/FREEZING_COLD_HASH_RUN.htm

Register now at:

http://www.active.com/running/edison-nj/freezing-cold-hash-run-2013

Volunteers go free. Email us;

VercammenLaw@Njlaws.com

Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run.  See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.  Wear old running shoes.

$20.00 TO RUN.   FREE  T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.

$25.00 DAY OF EVENT.  VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR!  PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS.  FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate.  No times are recorded.  A sense of humor is a must. Prizes and giveaways at the post race social.

Recent Cases 

E408 

1. Defendant Entitled to Adjournment to Select Own Counsel. 

 

2. Police should not Issue Arrest Warrant on Bad Check. 

 

3. Next events  

 

4.  Reminder: December 7, 2012 - Kenneth Vercammen's Christmas Party/Holiday Happy Hour.  

 

5.  Register now for:  FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ

1. Defendant Entitled to Adjournment to Select Own Counsel. State v. Kates 426 NJ Super 32 (App. Div. 2012) 

  

      The court concluded the trial court mistakenly exercised its discretion in denying defendant a continuance to enable him to retain counsel of his choice, after he learned on the eve of trial that the assistant deputy public defender who had been representing him was about to deployed for active military service.  Although the right to counsel of choice is not absolute and may be balanced against the court's interest in managing its calendar, the trial court failed to weigh the appropriate factors governing the discretionary decision whether to grant the requested continuance.  The availability of competent counsel not of defendant's choice was an insufficient basis for denying the continuance.  As deprivation of counsel of choice is a structural error not subject to harmless error analysis, reversal of defendant's conviction and a new trial is mandated. 

  

2. Police should not Issue Arrest Warrant on Bad Check. Greenberg v. NJ State Police Trooper Prsyszlak 426 NJ Super. 591 (App. Div. 2012)

      Following a dispute between plaintiff and defendant Oil Station, Inc. (OSI), which had performed an oil change on plaintiff's vehicle and allegedly damaged the vehicle's battery in the process, plaintiff closed the bank account on which he had made the original payment of $129.44 and provided OSI a check for $31.02, the amount which plaintiff felt was due.  OSI contacted the State Police, which conducted an investigation and ultimately concluded there was probable cause to believe plaintiff violated the bad check statute, N.J.S.A. 2C:21-5. 

Plaintiff was arrested in his home and held at a state police barracks until he agreed to pay the full amount OSI claimed was due.

       Plaintiff commenced this action, alleging false arrest, false imprisonment, various constitutional violations, and other common law torts.  The trial judge granted summary judgment in favor of the State Police and the other State defendants, as well as OSI and its representative.  The court reversed, concluding that an arrest within the home was unlawful absent an arrest warrant or exigent circumstances -- both of which were absent -- or consent, which turned on disputed questions of fact that could not be decided at the summary judgment stage.  The court also held there were genuine questions of material fact regarding the State defendants' claim that probable cause to arrest existed and on the defense of qualified immunity, thereby precluding summary judgment. 

       In addition, the court reversed the summary judgment entered in favor of OSI and its representative because that judgment was based on the trial judge's dismissal of the claims against the State defendants.  The court also found there was evidence to support plaintiff's theory that OSI and its representative conspired with the State defendants to falsely arrest and imprison plaintiff because, among other things, OSI had previously enlisted the aid of the State Police in the collection of OSI's unpaid bills.

  

3. Next events 

Fri Nov 17 James Bond movie 

Monday, November 19^th

8:30AM Review Major Municipal Court Cases from 2012, MCBA Office, 87 Bayard St., New Brunswick, NJ, 2 Credits

www.mcbalaw.com

new 11/24/12 5k race at Roosevelt Park Edison to benefit

11/25/12      Navesink 15k & 5k race with portions of proceeds to benefit victims of hurricane

_____    JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45

2012 Municipal Court College

Rescheduled date Dec 4 Tuesday

Tentative 12/16/12 Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090  11am

To be rescheduled: RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event

Cancelled for 2012 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer

Cancelled for 2012  Born to Run 5 mile 11am

4.  Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour

Friday, December 7, 2012

5:00PM - 7:00PM

at Bar Anticipation [not damaged by hurricane]

703 16th Avenue

Lake Como/ Belmar, NJ 07719

Free 5-7PM Hot & Cold Buffet with carving station

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.

More details at:

http://www.facebook.com/events/534895713190747/ 

5.  Register now for:

FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am   Edison, NJ

See info at:

www.njlaws.com/FREEZING_COLD_HASH_RUN.htm

Register now at:

http://www.active.com/running/edison-nj/freezing-cold-hash-run-2013

Volunteers go free. Email us;

VercammenLaw@Njlaws.com

Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run.  See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.  Wear old running shoes.

$20.00 TO RUN.   FREE  T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.

$25.00 DAY OF EVENT.  VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR!  PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS.  FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate.  No times are recorded.  A sense of humor is a must. Prizes and giveaways at the post race social.

E407 New Cases: 1. Medical Examiner did not have Expertise to Testify on Movements of Car Occupants in Fatal Accident. 2. Court could Permit Wiretap of Calls Outside New Jersey. 3. Next events 4. Kenneth Vercammen's Christmas Party/Holiday Happy Hour, Friday, December 7, 2012, 5:00PM - 7:00PM 5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP

NJ Laws Email Newsletter E407 Kenneth Vercammen, Attorney at Law    October 24, 2012

Office Phone Number:       (732) 572-0500       www.njlaws.com  In This Issue:  E407 New Cases: 1. Medical Examiner did not have Expertise to Testify on Movements of Car Occupants in Fatal Accident.  2. Court could Permit Wiretap of Calls Outside New Jersey.  3. Next events  4. Kenneth Vercammen's Christmas Party/Holiday Happy Hour, Friday, December 7, 2012, 5:00PM - 7:00PM  5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP

Greetings Kenneth Vercammen, Esq.,    New Cases:  1. Medical Examiner did not have Expertise to Testify on Movements of Car Occupants in Fatal Accident.State v. Locascio 425 NJ Super. 474 (App. Div. 2012)   Defendant was convicted of vehicular manslaughter after a jury trial. The indictment stemmed from a one-car accident in which defendant's boyfriend was killed after the car veered off the road and struck a tree. The pivotal issue at trial was whether, as the State contended, defendant was the driver or whether, as the defense and its expert contended, the boyfriend was the driver.   The State presented expert testimony from the county medical examiner opining that defendant was the driver. During the course of his testimony, the medical examiner rendered opinions, over defendant's objection, about the probable movements of the occupants within the car as it decelerated and crashed, including an analysis of how the passenger's body allegedly "cushioned" the driver's body during the accident.         The court reversed defendant's conviction and ordered a new trial because the testimony of the medical examiner, who the State concedes is not qualified as an expert in biomechanics or accident reconstruction, prejudicially went beyond the scope of his expertise on a crucial disputed issue. The examiner's testimony should have been confined to the aspects of his expertise as a pathologist concerning the nature and causes of bodily injury, and should not have delved into the biomechanical forces and movements within the automobile. 2. Court could Permit Wiretap of Calls Outside New Jersey. State v. Ates 426 NJ Super. 521 (App. Div. 2012)   Defendant appealed his conviction for the murder of his ex-son-in-law, arguing the unconstitutionality of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, because it permitted the interception of telephone calls between individuals located entirely outside New Jersey. The court rejected this argument, finding no infirmity so long as the listening post was located in New Jersey.          Defendant also argued that the State should have been barred from using all intercepted telephone calls because the State recorded a telephone call between defendant and his attorney. The trial judge precluded the use only of the calls intercepted after the recording of the attorney-client communication and the court concluded this was an appropriate remedy for the reasons expressed in the trial judge's written opinion, State v. Ates, __ N.J. Super. __ (Law Div. 2009). 3. Next Events 10/26/12   Pre- Halloween Party Bar A   6pm 10/27/12   Hoboken 5k 10am Wakefern    co-sponsor 10/28/12  Trick or Trot 5k Long Branch party at Celtic Cottage after run, 2 for 1 drinks 10/30/12    JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45 10/31/12    RVRR Halloween pub-crawl New Brunswick 11/4/12     RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event 11/11/12    Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am 11/17/12    Manasquan Turkey Trot 5-mile Manasquan   11am party at taverns after race discount beer 11/23/12    Born to Run 5 mile 11am 11/25/12    Navesink 15k & 5k 4. Kenneth Vercammen's Christmas Party/Holiday Happy Hour Friday, December 7, 2012 5:00PM - 7:00PM at Bar Anticipation "Where Summer Never Ends" 703 16th Avenue Lake Como/ Belmar, NJ 07719 Free 5-7PM Hot & Cold Buffet with carving station The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com Bring a canned food donation for the St. James Food Bank Hands of Hope. More details at: http://www.facebook.com/events/534895713190747/ 5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP RUN Sat. Jan. 5, 2013 10am  Edison, NJ See info at: www.njlaws.com/FREEZING_COLD_HASH_RUN.htm Register now at: http://www.active.com/running/edison-nj/freezing-cold-hash-run-2013 Volunteers go free. Email us; VercammenLaw@Njlaws.com         Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run.  See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.  Wear old running shoes.         $20.00 TO RUN.   FREE  T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.  $25.00 DAY OF EVENT.  VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR!  PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS.  FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate.  No times are recorded.  A sense a humor is a must. Prizes and giveaways at the post race social!