2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, December 20, 2007

NJ Laws Email Newsletter E264 - December 20, 2007

NJ Laws Email Newsletter E264
Kenneth Vercammen, Attorney at Law December 20, 2007

In This Issue
_______________

1. More Holiday cheer at this great site.

2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea.

3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends.

4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone

5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire

6. More articles added to website www.njlaws.com

_____________________________________________________________

1. More Holiday cheer at this great site: http://holidays.blastcomm.com/

HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:

Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)

FROHE

WEIHNACHTEN

PRÓSPERO AÑO NUEVO

HAPPY NEW YEAR

FRIEDEN

GLÜCKLICHES NEUES JAHR

JOYEUX NOËL

PRETTIGE

KERSTDAGEN

GELUKKIG

NIEUWJAAR

BUON

NATALE

BONNIE ANNEE

HYVÄÄ JOULUA

2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea. State v. Means 191 NJ 670 (2007).


A trial court may not set aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement.

3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends. State v. Kotsev ___ NJ Super. ___ (App. Div. Decided July 23, 2007) A-3256-05T5.

1. N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.

2. The 1993 statute mandated a third or subsequent offender to serve 180 days incarceration "except that the court may lower such term for each day, not exceeding ninety days, served performing community service." No other options are available.

3. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.

A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.


4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone. State v. Laboo ___ NJ Super. ___ (App. Div. Decided August 28, 2007) A-3746-06T5.

Three individual committed a string of armed robberies over the course of a one-hour period, taking items that included two cell phones. Approximately thirty hours after the last robbery, police used a tracking device to track one of the stolen cell phones to a three-family home located in a high crime area. Three officers entered the building and used a handheld tracking device to determine the exact apartment. An officer knocked on the apartment door and announced that he was a police officer. The officer then heard a young female yelling and a man's voice saying "shut up, shut up, 5-0," and scurrying inside the apartment. Without obtaining a warrant, the officers forcibly entered the apartment, wherein they found evidence from the robberies.

The Court reversed the law division's order suppressing the evidence. The search was justified because the exigent circumstances, although police-created, arose as a result of reasonable investigative conduct. The Court held that the police were not required to procure a warrant because a delay presented a real potential danger to the officers and public, under the circumstances.

5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire

There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.

1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as "payment in full."[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.

Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.

In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, "Medicaid is a payer of last resort." The state can seek reimbursement from third parties, but private providers may not.

In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]

A federal appellate court has found that a hospital's lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] "By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling..." "Although Medicaid rates are typically lower than a service provider's customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount."

California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.

2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]

In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.

The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.

1. 42 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .

2. Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).

3. Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).

4. Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).

5. Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).

6. Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).

7. 68 Fed. Reg. 43940 (July 25, 2003).

8. 42 C.F.R. 411.54(c)(2).

9. Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).

Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.

The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.

6. More articles added to website www.njlaws.com

Bail Bonds

Bail rights If Charged With A Criminal Offense

BENT V.TOWNSHIP OF STAFFORD (Public records request needs to be specific)

Birth Injury Cases

Breath machine (Alcotest 7110)

BRESOCNIK v. GALLEGOS (The Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'.)

buda (STATE v. BUDA)

Burglar's Tools 2C:5-5

CDS Public Property 2C:35-7.1

CDS fraud 2C:35-13

Car Accident (What to Do in an Accident)

Car Accident (What to Do in an Accident)2

Careless

Careless Driving Proof

CASINELLI v. MANGLAPUS

Child Abuse

Child Day Care Injuries

Child Support continues after age 18

Chun Facts (Judge King releases findings regarding 7110 Alcotest DWI machine)

Cigarettes (Sale of cigarettes to persons under age 19) 2C:33-13.1

Civil Arbitration

Client Testimonials

Confidential (Attorney- Client Confidential Relationship)

Contempt (Judge cannot hold lawyer in contempt without OSC and hearing.)

Contempt of Domestic Violence Restraining Order 2C:29-9b

Credit Cards 2C:21-6

Criminal Attorney (Fines for Criminal Charges in New Jersey)

Cross Examination

Thank you for reading our newsletter! God Bless America USA #1

Our updated law blogs:

NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

NJ Drug Law Blog - http://drugarrest.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor

This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.

Free T- shirts and soda can holders available for all current and past clients. Please come into office.

Editor's Note and Disclaimer:

All materials Copyright 2007. 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


Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

Wednesday, December 12, 2007

NJ Laws Email Newsletter E263 - December 12, 2007

Kenneth Vercammen, Attorney at Law December 12, 2007

In This Issue
_______________

1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.

2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene

3. Santa Claus Welcomes You to Claus.com

4. Holly Jolly Christmas lyrics

5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce

7. Recent articles added to website.

______________________________________________

1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).


See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm

The Holiday/Christmas time is the Season for giving.

Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:

* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"

2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)


Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.


Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.

3. Santa Claus Welcomes You to Claus.com.

CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.


Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php


4. Holly Jolly Christmas Lyrics.


Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.

Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.

Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.

Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.


by Johnny Marks

5. FREEZING COLD HASH RUN

START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.

POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.

- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English

The 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.

Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.

FREE BEER FOR WOMEN 21-69

$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!

See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm

Volunteers needed to help set up or point the way- even if you don't plan on running.

Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500

DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]

See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw

Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)

As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.

Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm

Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301

Look for the Hasher banner and guys in old running clothes.

For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days

Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.

6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.

The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala

NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.

As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.

http://www.fennelly.com/

7. Recent articles added to website

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


http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm

Thank you for reading our newsletter! God Bless America USA #1

Our updated law blogs:

NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

NJ Drug Law Blog - http://drugarrest.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor

This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.

Free T- shirts and soda can holders available for all current and past clients. Please come into office.

Editor's Note and Disclaimer:

All materials Copyright 2007. 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


Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

Wednesday, December 05, 2007

NJ Laws Email Newsletter E262 - December 5, 2007

NJ Laws Email Newsletter E262
Kenneth Vercammen, Attorney at Law

December 5, 2007

In This Issue
_______________

1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney

2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams

4. Aerial Search of Marijuana Field Approved

5. Holiday/ Christmas song links to lyrics

6. Website: Christmas Carols instrumental- Listen to on your computer

7. Needed: Outdoor Nativity Scene


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 $250.00! -

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. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).


N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.

A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.

3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).

Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.


4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).


The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.

5. Holiday/ Christmas song links to lyrics

Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:

Christmas Song Lyrics

http://www.nevada.edu/~blake/Christmas.songs.html

A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland

Christmas Carol Lyrics

http://www.nevada.edu/~blake/Christmas.carols.html

Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe


6. Website: Christmas Carols instrumental - Listen to on your computer.

http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17

The following songs were available:

Angels from the Realms of Glory

Angels we have Heard on High

Away in a Manger

Children, Go Where I send Thee

Christmas is now Drawing near at Hand

Christmas in the Trenches

Deck the Halls

Go Tell it on the Mountain

Good Christian Men, Rejoice

Good King Wenceslas

Hark the Herald Angels Sing

Here we come a Wassailing

I heard the Bells on Christmas Day

It came upon a Midnight Clear

Jingle Bells

Joy to the World

Oh Come all Ye Faithful

Oh Holy Night

Oh Little Town of Bethlehem

Silent Night

The First Noel

Twelve Days of Christmas

We Three Kings

We Wish You a Merry Christmas

What Child is This?



This is a great site with Holiday cheer:

http://holidays.blastcomm.com

7. Needed: Outdoor Nativity Scene

A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.

Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).

http://en.wikipedia.org/wiki/Nativity_scene

If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500

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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


Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court