In This Issue
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1. Reasons to prepare a Last Will and Testament and Property
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
6. Friends of Cynthia Vercammen are invited to her 50th party
Saturday July 28 - 7pm
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1. Reasons to prepare a Last Will and Testament and Property
Owners of real property (land) and personal property (money, furniture, bank accounts, cars, personal effects, etc.) have the privilege to select those who will receive these items upon death. If an owner does not have a Will she/he loses that privilege and the law decides. More importantly, as anyone who has been through it with family or friends, the time and money for probating much more expensive and time consuming without a Will. Changes in one's marital status, financial status and family often will require some changes to an existing Will.
Most Americans spend more time preparing for vacation than for estate planning or emergency. Get your Will done now, before traveling on vacation.
2. Pre-arrest silence admissible if defendant testifies. State v. Brown 190 N.J. 144 (2007)
When there is no governmental compulsion involved, the State may cross-examine a defendant concerning his pre-arrest silence to challenge his self-defense testimony.
3. Prosecutor can comment on defendant's silence if he testifies. State v. Tucker 190 N.J. 183 (2007)
The prosecutor's comments about inconsistencies in Tucker's statements did not constitute an unconstitutional comment on silence.
4. Prosecutor can cross defendant on statement. State v. Elkwisni 190 N.J. 169 (2007)
A prosecutor can cross-examine a defendant concerning inconsistencies between his or her post-Miranda statement to the police and his testimony at trial.
5. No Atty-Client Privilege in sealed letter to prospective attorney, despite police ruse to obtain same State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)
Twenty years after the murder of a 13-year-old girl, the Seattle police sent a letter to the lead suspect, posing as a law firm seeking to represent the suspect in a class action involving parking tickets. The suspect signed the enclosure and returned it to the "firm." The police then performed a DNA test on the saliva used to seal the envelope and used this evidence to assist in the successful prosecution of the suspect for second degree murder. On appeal, the Washington Supreme Court held that the saliva was not a "communication" protected by the attorney-client privilege; that the ruse used by the police did not violate the defendant's constitutional rights to privacy or due process; and that the conviction should be upheld.
6. Reminder: Friends of Cynthia Vercammen are invited to her 50th party
Saturday, July 28 - 7pm
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. 2 Fooz ball tables, ping pong, arcade basketball.
Cynthia's 50th Birthday Party Join the Fun Bunch
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com or call and we will fax directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - fax back to Law Office Fax: (732) 572-0030
Name: _____________________________
E-mail: ____________________________
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
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website: www.njlaws.com
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