In This Issue
_______________
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
2. Recent cases: Blindness After Lasik to Cost $2.1M.
3. Car passenger has no special duty to prevent intoxicated person from driving.
4. Father's right to an attorney must be honored.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks.
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 for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
or fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
2. Recent cases: Blindness After Lasik to Cost $2.1M.
Dr. Joseph Dello Russo had advertised the safety of LASIK eye surgery for years, once even performing it live on Good Morning America. Now, a man who heard the call, underwent Dello Russo's surgery and became legally blind afterwards has settled with the doctor and his New Jersey Eye Center for $2.1 million. James Dell'Ermo alleged that Dello Russo failed to recognize that because of the shape of his corneas he was a poor candidate for LASIK surgery. After the surgery, Dell'Ermo had a deteriorating condition known as ectasia that will eventually force him to seek corneal transplants. Dell'Ermo v. Dello Russo and New Jersey Eye Center was one of 16 negligence lawsuits against the center that were at one time consolidated for binding arbitration, resulting in an award that was rejected by the Appellate Division one year ago, over insurance law considerations, in New Jersey Eye Center v. Princeton Insurance. It was scheduled to go to trial before Bergen County Superior Court Judge Robert C. Wilson this month but was settled shortly beforehand. Source NJL Daily Briefing - 07/08/20087-8-08.
3. Car passenger has no special duty to prevent intoxicated person from driving. Champion v. Dunfee 398 NJ Super. 112 (App. Div. 2008).
The court held that a guest passenger who neither owns nor controls the motor vehicle, who enjoys no special relationship to, and has not substantially encouraged the wrongful behavior of, the actual tortfeasor, owes no affirmative duty to a fellow passenger to prevent his own automobile.
4. Father's right to an Attorney must be honored. NJ DYFS v. R.G. 397 NJ Super. 439.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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
Thursday, July 17, 2008
Wednesday, July 09, 2008
NJ Laws Email Newsletter E278 - July 9, 2008
In This Issue
_______________
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.
4. 1,000 Greatest Law & Business Links on the Internet.
5. 31st Annual Summer Blast Saturday July 19th.
6. Belmar Five Mile Run - New Team Competition.
7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
Greetings:
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.
In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).
A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.
The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).
Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites
LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)
Directions: email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.
Saturday, July 12, 2008 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to
http://Active.com
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at Kenvnjlaws@verizon.net
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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
_______________
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.
4. 1,000 Greatest Law & Business Links on the Internet.
5. 31st Annual Summer Blast Saturday July 19th.
6. Belmar Five Mile Run - New Team Competition.
7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
Greetings:
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.
In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).
A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.
The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).
Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites
LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)
Directions: email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.
Saturday, July 12, 2008 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to
http://Active.com
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at Kenvnjlaws@verizon.net
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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, July 02, 2008
NJ Laws Email Newsletter E277 - July 2, 2008
In This Issue
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
5. Upcoming non profit races.
6. Cynthia Vercammen's Cocoa Beach Night Party.
--------------------------------------------------------------------------------
Happy 4th of July!
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International
Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)
Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.
The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.
5. Upcoming Non-Profit Races:
7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks
7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night
There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 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 2008. 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
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
5. Upcoming non profit races.
6. Cynthia Vercammen's Cocoa Beach Night Party.
--------------------------------------------------------------------------------
Happy 4th of July!
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International
Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)
Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.
The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.
5. Upcoming Non-Profit Races:
7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks
7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night
There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 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 2008. 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
Tuesday, June 24, 2008
NJ Laws Email Newsletter E276 - June 24, 2008
In This Issue
_______________
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups.
2. Pharmacist could be liable for putting wrong drug in prescription.
3. If property not abandoned, defendant has standing to challenge Search.
4. PTI available if thefts not part of enterprise.
5. More New articles on website www.njlaws.com.
6. This Weekend's Activities.
7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.
8. Welcome Summer 2008 Law Clerks.
--------------------------------------------------------------------------------
Greetings,
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups Sciarrotta v. Global Spectrum (A-28-07).
The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play.
2. Pharmacist could be liable for putting wrong drug in prescription. Bender v. Walgreen Eastern Co., Inc., et al. (A-4664-06T1)
The Court concluded that a claim of professional negligence based on a pharmacist's filling a prescription with a drug not prescribed falls within the "common knowledge" exception to the affidavit of merit statute, which the Supreme Court recognized in Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387 (2001).
3. If property not abandoned, defendant has standing to challenge Search. State v. Johnson 193 NJ 528 (Decided February 26, 2008) A-81-06
Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution.
Although defendants are provided automatic standing when the seized property satisfies an element of the charged offense, if the State can show that the property was abandoned, a defendant will have no right to challenge the search or seizure of the property.
4. PTI available if thefts not part of enterprise. State v. Watkins, III 193 NJ 507 (Decided February 21, 2008) A-118-06
At issue in this appeal is the meaning of Guideline 3(i)(2) of Rule 3:28, which applies a presumption against admission into Pretrial Intervention (PTI) where the criminal conduct is "part of a continuing criminal business or enterprise."
Individuals acting alone in furtherance of their own criminal interests who commit a series of offenses such as thefts or forgeries are not "part of a continuing business or enterprise" because they are not parin concert with others.
5. New Articles on website www.njlaws.com
June 2008
Financial Crimes
Violent Crimes
Late Cancer Diagnosis
Negligent Surgery
Emergency Room Negligence
Falling Merchandise
Scarring
Drowning Injury Claims
Drunk Driver Injuries
Unknown Auto Injuries
Elevator Injury
Escalator Injuries
6. This Weekend's Activities:
Patanella's FLAT as a PANCAKE Sprint Triathlon
Triathlon and Duathlon
6/28/2008 Saturday
Race begins at 8:00am
300 Father Capodanno Blvd,
Staten Island, NY 10306
TRIATHLON
SWIM: 1/4 mile along the shore of the Raritan Bay.
Swimmers will be no more than 25 yds off shore at anytime during swim.
BIKE: Three 4 mile loops on a 3 lane road closed to traffic. Flat. Fast. FUN!!!
RUN: 5K run. 3/4 mile on asphalt, 3/4 mile on stone block, U TURN, 3/4 mile on stone block,3/4 mile on wooden boardwalk. Enjoy a beautiful view of the Raritan Bay the
entire run http://greenbrookracing.com/Pan.html
then jump in your car for
6/28 Annual 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball. Members of Rumson Hash and Jersey Shore Running Club often participate
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
then run to Saturday, June 28 Bar Anticipation
ESPN
Live Broadcast 1 - 4 pm
Subway Series Show with Brandon Tierney and
ESPN Baseball Analyst Steve Phillips plus 1050 Trivia Challenge and Co-ed Volleyball Tournament for Springsteen
Tickets and Other Prizes with $2.50 Coors Light till 8 pm http://www.bar-a.com/events.htm
7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.
Program:
Hot Topics in Municipal Court Practice held at the Trump Taj Mahal Casino Resort
Thursday, May 22 2008
Speakers: Paris P. Eliades, Esq.
Kenneth A. Vercammen, Esq. Edison 2005 NJSBA Municipal Court Attorney of the Year
Could not attend? Need forms?
Send email to Kenvnjlaws@verizon.net and let us know which forms or motions you request. The materials will be sent to you within 5 days, or fax us your email address 732-572-0030 fax
Name ___________________
Email ___________________
02 Lt of rep only.doc
02 DISC.doc
02a DISC to DMV.doc
02d Disc_Complainant.doc
03D Retainer-MUN COURT.doc
04 Hearing notice.doc
100 Cross Exam Q-DWI.doc
AG Guidelines binding.doc
Appeal Fee Bill to Client.doc
atty_guidelines_0505.pdf
Bail reduce Mt.doc
Brief post convict vacate plea.doc
Conditional Discharge Pet Cl.doc
constructive poss.doc
Court cannot handle discovery.doc
Crim interview aba.doc
crim- Specific defenses.doc
Defense Affidavit to Client.doc
DISC to Client from Prosecutor.doc
DUI Motions non disc- jury.doc
DWI- Blood defense brief.doc
DWI- expert letter.doc
DWS Fine reduced parking ticket.doc
Expungement recommend.doc
MIRANDA br.doc
More disc br.doc
Mt for Civil Reservation.doc
Mt forSlap.doc
Mt to be Relieved.doc
Mt- Dismiss No disc mun Pros.doc
Mun Ct Interview.doc
MVC_ DMV - Follow-up Hearing.doc
MVC_ DMV points for Atom.doc
No discovery dismiss Brief.doc
No Show in Court.doc
OBJ TO LAB CERT.doc
OPRA Brief Crim.doc
Order mark try or dismiss.doc
Order to be Relieved.doc
Pros- missing abstract.doc
Refusal Brief wrong statement.doc
Storm Cert priv pros.doc
Sup-Miranda.doc
SUPPRESSION MT.doc
SUPPRESSION BRIEF.doc
Chun discovery brief
www.BeNotGuilty.com
8. Welcome Summer 2008 Law Clerks:
Christina Velazquez - Ava Maria School of Law, Mount Saint Mary Academy Graduate, Assistant Editor of the NJ Municipal Law Review
Mitchell Zuckerman - University of Maryland, J.P. Stevens Graduate, Editor of the Personal Injury Blog
A.C. Ranasinghe - William & Mary, J.P. Stevens Graduate, Editor of the Personal Injury Blog
Michael Samaroo - Loyola College in Maryland, J.P. Stevens Graduate, Editor of the Elder Law Blog
Jasmin A. Eversley- Drexel University Class of 2008, Piscataway H.S. graduate, Public Defender Intern and Editor of the Criminal Law Blog
http://www.njlaws.com/Law_Clerks.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 2008. 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
_______________
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups.
2. Pharmacist could be liable for putting wrong drug in prescription.
3. If property not abandoned, defendant has standing to challenge Search.
4. PTI available if thefts not part of enterprise.
5. More New articles on website www.njlaws.com.
6. This Weekend's Activities.
7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.
8. Welcome Summer 2008 Law Clerks.
--------------------------------------------------------------------------------
Greetings,
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups Sciarrotta v. Global Spectrum (A-28-07).
The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play.
2. Pharmacist could be liable for putting wrong drug in prescription. Bender v. Walgreen Eastern Co., Inc., et al. (A-4664-06T1)
The Court concluded that a claim of professional negligence based on a pharmacist's filling a prescription with a drug not prescribed falls within the "common knowledge" exception to the affidavit of merit statute, which the Supreme Court recognized in Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387 (2001).
3. If property not abandoned, defendant has standing to challenge Search. State v. Johnson 193 NJ 528 (Decided February 26, 2008) A-81-06
Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution.
Although defendants are provided automatic standing when the seized property satisfies an element of the charged offense, if the State can show that the property was abandoned, a defendant will have no right to challenge the search or seizure of the property.
4. PTI available if thefts not part of enterprise. State v. Watkins, III 193 NJ 507 (Decided February 21, 2008) A-118-06
At issue in this appeal is the meaning of Guideline 3(i)(2) of Rule 3:28, which applies a presumption against admission into Pretrial Intervention (PTI) where the criminal conduct is "part of a continuing criminal business or enterprise."
Individuals acting alone in furtherance of their own criminal interests who commit a series of offenses such as thefts or forgeries are not "part of a continuing business or enterprise" because they are not parin concert with others.
5. New Articles on website www.njlaws.com
June 2008
Financial Crimes
Violent Crimes
Late Cancer Diagnosis
Negligent Surgery
Emergency Room Negligence
Falling Merchandise
Scarring
Drowning Injury Claims
Drunk Driver Injuries
Unknown Auto Injuries
Elevator Injury
Escalator Injuries
6. This Weekend's Activities:
Patanella's FLAT as a PANCAKE Sprint Triathlon
Triathlon and Duathlon
6/28/2008 Saturday
Race begins at 8:00am
300 Father Capodanno Blvd,
Staten Island, NY 10306
TRIATHLON
SWIM: 1/4 mile along the shore of the Raritan Bay.
Swimmers will be no more than 25 yds off shore at anytime during swim.
BIKE: Three 4 mile loops on a 3 lane road closed to traffic. Flat. Fast. FUN!!!
RUN: 5K run. 3/4 mile on asphalt, 3/4 mile on stone block, U TURN, 3/4 mile on stone block,3/4 mile on wooden boardwalk. Enjoy a beautiful view of the Raritan Bay the
entire run http://greenbrookracing.com/Pan.html
then jump in your car for
6/28 Annual 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball. Members of Rumson Hash and Jersey Shore Running Club often participate
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
then run to Saturday, June 28 Bar Anticipation
ESPN
Live Broadcast 1 - 4 pm
Subway Series Show with Brandon Tierney and
ESPN Baseball Analyst Steve Phillips plus 1050 Trivia Challenge and Co-ed Volleyball Tournament for Springsteen
Tickets and Other Prizes with $2.50 Coors Light till 8 pm http://www.bar-a.com/events.htm
7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.
Program:
Hot Topics in Municipal Court Practice held at the Trump Taj Mahal Casino Resort
Thursday, May 22 2008
Speakers: Paris P. Eliades, Esq.
Kenneth A. Vercammen, Esq. Edison 2005 NJSBA Municipal Court Attorney of the Year
Could not attend? Need forms?
Send email to Kenvnjlaws@verizon.net and let us know which forms or motions you request. The materials will be sent to you within 5 days, or fax us your email address 732-572-0030 fax
Name ___________________
Email ___________________
02 Lt of rep only.doc
02 DISC.doc
02a DISC to DMV.doc
02d Disc_Complainant.doc
03D Retainer-MUN COURT.doc
04 Hearing notice.doc
100 Cross Exam Q-DWI.doc
AG Guidelines binding.doc
Appeal Fee Bill to Client.doc
atty_guidelines_0505.pdf
Bail reduce Mt.doc
Brief post convict vacate plea.doc
Conditional Discharge Pet Cl.doc
constructive poss.doc
Court cannot handle discovery.doc
Crim interview aba.doc
crim- Specific defenses.doc
Defense Affidavit to Client.doc
DISC to Client from Prosecutor.doc
DUI Motions non disc- jury.doc
DWI- Blood defense brief.doc
DWI- expert letter.doc
DWS Fine reduced parking ticket.doc
Expungement recommend.doc
MIRANDA br.doc
More disc br.doc
Mt for Civil Reservation.doc
Mt forSlap.doc
Mt to be Relieved.doc
Mt- Dismiss No disc mun Pros.doc
Mun Ct Interview.doc
MVC_ DMV - Follow-up Hearing.doc
MVC_ DMV points for Atom.doc
No discovery dismiss Brief.doc
No Show in Court.doc
OBJ TO LAB CERT.doc
OPRA Brief Crim.doc
Order mark try or dismiss.doc
Order to be Relieved.doc
Pros- missing abstract.doc
Refusal Brief wrong statement.doc
Storm Cert priv pros.doc
Sup-Miranda.doc
SUPPRESSION MT.doc
SUPPRESSION BRIEF.doc
Chun discovery brief
www.BeNotGuilty.com
8. Welcome Summer 2008 Law Clerks:
Christina Velazquez - Ava Maria School of Law, Mount Saint Mary Academy Graduate, Assistant Editor of the NJ Municipal Law Review
Mitchell Zuckerman - University of Maryland, J.P. Stevens Graduate, Editor of the Personal Injury Blog
A.C. Ranasinghe - William & Mary, J.P. Stevens Graduate, Editor of the Personal Injury Blog
Michael Samaroo - Loyola College in Maryland, J.P. Stevens Graduate, Editor of the Elder Law Blog
Jasmin A. Eversley- Drexel University Class of 2008, Piscataway H.S. graduate, Public Defender Intern and Editor of the Criminal Law Blog
http://www.njlaws.com/Law_Clerks.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 2008. 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, June 11, 2008
NJ Laws Email Newsletter E275 - June 11, 2008
In This Issue
_______________
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
2. No operation in DWI where engine not running
3. Bar can be liable if intoxicated patron injured
4. Jogging Death Leads to $1.1 Million Settlement.
5. New articles on website www.njlaws.com
6. Happy Father's Day
7. Upcoming fun races with beer activity afterwards
8. Sellers Information Sheet in Real Estate Sales
-------------------------------------------------------------------------------
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
State v. Amelion NJ Super. (App. Div. A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17-year-old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five
seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk." Source: NJ Lawyer October 1, 2007.
2. No Operation in DWI where engine not running.
State v Mize Appellate Division, A-2339-06T5, November 20, 2007, not approved for publication. Conviction following a trial de novo of driving while intoxicated reversed; the police had received several phone calls complaining about the operation of a red pickup truck; while on patrol, a police officer observed a red pickup truck parked about 25 yards into the driveway of a private residence; when he approached the truck, the officer found the defendant "slumped over the steering wheel, with his head on the steering wheel"; the truck's interior dome light was on, the keys were in the ignition, but the engine was not running; there was sufficient evidence to support the trial court's conclusion that the defendant was intoxicated; however, the facts did not support a finding beyond a reasonable doubt that the defendant had operated the truck to the location where it had been found or that he had intended to move the truck prospectively. Source: NJ Lawyer November, 2007.
3. Bar can be liable if intoxicated patron injured. Kathleen v. Bauer, et al. v. Nesbitt, III.
03-20-08 A-2343-06T2. In this opinion the NJ Appellate Division discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results. The bar could be held liable for injuries.
4. Jogging Death leads to $1.1. Million Settlement.
The estate of a Tenafly man who was killed while jogging has received a wrongful death settlement of $1.1 million. In May 2006 Bruce Terman was jogging along County Road in Cresskill when he was struck by a car driven by Chandra Meier of Dumont as she was making a left turn. The estate sued for Terman's pain and suffering at the scene under the New Jersey Survivors Act, and under the Wrongful Death Act for his widow's pecuniary loss, including loss of support, spousal services and companionship.
SOURCE: The New Jersey Lawyer Inc DAILY BRIEFING Tuesday, May 20, 2008
5. New Articles on website www.njlaws.com
June 2008
Removal of a Personal Representative
Disclaimer by a Beneficiary
Notice of Probate
Gun Possession Charges
Battery
Loss of Limbs
Business Litigation
Revoked List
6. Happy Father's Day
We celebrate Father's Day on June 15th, and in every father's honor, I'd like to pass on a short three minute movie I received titled: "To A Child Love Is Spelled T-I-M-E."
So sit back, turn up your speakers and click on the link below. And please share it with friends, family members and co-workers. They'll love you for doing it!
Click here to Watch the Movie
7. Upcoming fun races with beer activity afterwards.
6/16 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (USATF-700pts) Free beer, big post race party
6/22 Pine Beach 5K Pine Beach [near Toms River] Sunday Very well run shore area event. USTAF masters championship When you register, write down under the team category- "RVRR Ken V."
6/28 Rumson 10 mile, 10 bar Long Branch to Belmar.
This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
8. Sellers Information Sheet in Real Estate Sales
1. SELLERS NAME: (as it appears on deed)
____________________________________
2. Phone Number(cell)_______________________(W)__________________
3. Your fax #______________.
Home phone _______________________
4. Email Address _________________________
5. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: ___________________________________
6. Present Mortgage Company: _____________________________
Address: ________________________
Loan No. ________________________
800 Telephone No. ____________________
(Provide copy of payoff amount)
7. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: ________________________
Address____________________
Loan No. ___________________
800 Telephone No. _________________
(You need to obtain written copy of payoff amount from bank, verbal will not be sufficient)
8. Is any Seller age 62 or over? If so, name and date of birth: _________
9. Social Security Number _____-_____-_____.
10. Name, Address, Telephone number of Condominium Association, if any
_____________________________________________________
11. Type of Fuel: Gas ___________________ Oil __________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
12. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
13. Address After Property Sale: _________________________
Purchase price $ ____________ Buyer/s name __________________
Mortgage amount $ ________ Mortgage Contingency Date __________.
Seller/s repair amount $ ________________. Proposed closing date ______
Article Headline
Know your target audience. Who are your most important customers, clients or prospects, and why? Know what is important to them and address their needs in your newsletter each month. Include a photo to make your newsletter even more appealing. Drive traffic to your website by entering teaser text for the article with a link to your website for readers to view the full text.
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 2008. 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
_______________
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
2. No operation in DWI where engine not running
3. Bar can be liable if intoxicated patron injured
4. Jogging Death Leads to $1.1 Million Settlement.
5. New articles on website www.njlaws.com
6. Happy Father's Day
7. Upcoming fun races with beer activity afterwards
8. Sellers Information Sheet in Real Estate Sales
-------------------------------------------------------------------------------
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
State v. Amelion NJ Super. (App. Div. A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17-year-old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five
seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk." Source: NJ Lawyer October 1, 2007.
2. No Operation in DWI where engine not running.
State v Mize Appellate Division, A-2339-06T5, November 20, 2007, not approved for publication. Conviction following a trial de novo of driving while intoxicated reversed; the police had received several phone calls complaining about the operation of a red pickup truck; while on patrol, a police officer observed a red pickup truck parked about 25 yards into the driveway of a private residence; when he approached the truck, the officer found the defendant "slumped over the steering wheel, with his head on the steering wheel"; the truck's interior dome light was on, the keys were in the ignition, but the engine was not running; there was sufficient evidence to support the trial court's conclusion that the defendant was intoxicated; however, the facts did not support a finding beyond a reasonable doubt that the defendant had operated the truck to the location where it had been found or that he had intended to move the truck prospectively. Source: NJ Lawyer November, 2007.
3. Bar can be liable if intoxicated patron injured. Kathleen v. Bauer, et al. v. Nesbitt, III.
03-20-08 A-2343-06T2. In this opinion the NJ Appellate Division discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results. The bar could be held liable for injuries.
4. Jogging Death leads to $1.1. Million Settlement.
The estate of a Tenafly man who was killed while jogging has received a wrongful death settlement of $1.1 million. In May 2006 Bruce Terman was jogging along County Road in Cresskill when he was struck by a car driven by Chandra Meier of Dumont as she was making a left turn. The estate sued for Terman's pain and suffering at the scene under the New Jersey Survivors Act, and under the Wrongful Death Act for his widow's pecuniary loss, including loss of support, spousal services and companionship.
SOURCE: The New Jersey Lawyer Inc DAILY BRIEFING Tuesday, May 20, 2008
5. New Articles on website www.njlaws.com
June 2008
Removal of a Personal Representative
Disclaimer by a Beneficiary
Notice of Probate
Gun Possession Charges
Battery
Loss of Limbs
Business Litigation
Revoked List
6. Happy Father's Day
We celebrate Father's Day on June 15th, and in every father's honor, I'd like to pass on a short three minute movie I received titled: "To A Child Love Is Spelled T-I-M-E."
So sit back, turn up your speakers and click on the link below. And please share it with friends, family members and co-workers. They'll love you for doing it!
Click here to Watch the Movie
7. Upcoming fun races with beer activity afterwards.
6/16 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (USATF-700pts) Free beer, big post race party
6/22 Pine Beach 5K Pine Beach [near Toms River] Sunday Very well run shore area event. USTAF masters championship When you register, write down under the team category- "RVRR Ken V."
6/28 Rumson 10 mile, 10 bar Long Branch to Belmar.
This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
8. Sellers Information Sheet in Real Estate Sales
1. SELLERS NAME: (as it appears on deed)
____________________________________
2. Phone Number(cell)_______________________(W)__________________
3. Your fax #______________.
Home phone _______________________
4. Email Address _________________________
5. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: ___________________________________
6. Present Mortgage Company: _____________________________
Address: ________________________
Loan No. ________________________
800 Telephone No. ____________________
(Provide copy of payoff amount)
7. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: ________________________
Address____________________
Loan No. ___________________
800 Telephone No. _________________
(You need to obtain written copy of payoff amount from bank, verbal will not be sufficient)
8. Is any Seller age 62 or over? If so, name and date of birth: _________
9. Social Security Number _____-_____-_____.
10. Name, Address, Telephone number of Condominium Association, if any
_____________________________________________________
11. Type of Fuel: Gas ___________________ Oil __________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
12. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
13. Address After Property Sale: _________________________
Purchase price $ ____________ Buyer/s name __________________
Mortgage amount $ ________ Mortgage Contingency Date __________.
Seller/s repair amount $ ________________. Proposed closing date ______
Article Headline
Know your target audience. Who are your most important customers, clients or prospects, and why? Know what is important to them and address their needs in your newsletter each month. Include a photo to make your newsletter even more appealing. Drive traffic to your website by entering teaser text for the article with a link to your website for readers to view the full text.
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 2008. 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
Tuesday, May 20, 2008
NJ Laws Email Newsletter E274 - May 20, 2008
In This Issue
_______________
1. Memorial Day Remembrance
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com)
3. Will Appointments (New article on website www.njlaws.com)
4. Two step police interrogation invalid., State v. O'Neill (Recent case)
5. No trial without defendant unless defendant willfully absent., State v. Luna (Recent case)
6. Can't Be Convicted of "Attempt" to Commit a DP., State v. McGrath
7. This week's events
--------------------------------------------------------------------------------
1. Memorial Day Remembrance.
This week has been designated as Armed Forces week. Every American should pause for a moment and say a prayer for those brave men and women who are serving in our armed forces. Whether they are on the battlefield, or serving stateside, they are protecting the freedoms we hold so dear. Whether they are active, reserve or National Guard, they deserve our respect. Regardless of our own personal opinions on various policies and conflicts, we need to stand together and in one united voice say "THANK YOU."
This brings us to the final holiday in May. Memorial Day is an occasion where we once again honor our military, but in a different light. We pause on this day to remember those soldiers who paid the ultimate price for our freedom. I sincerely hope every person finds some way to participate in the Memorial Day ceremonies in their own communities.
The Edison Memorial Day Parade is Sunday.
The Metuchen Memorial Day Parade is Monday, starting on Main Street in Metuchen.
http://www.njlaws.com/GeneralWondrack.htm
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com).
New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.
More info at http://www.njlaws.com/fro.htm
3. Will Appointments (New article on website www.njlaws.com).
Please call our office during business hours to make an appointment for a confidential appointment.
To help provide better service and answer your questions, please fill out our Confidential Will Questionnaire on
http://www.njlaws.com/will_Questionnaire.htm
You may want to fax or mail the interview sheet to our office prior to the appointment.
You should bring to the appointment:
1. The completed Will Questionnaire Sheet
2. Your questions written out.
3. All papers you have in connection with your Will. (Prior Wills, Living Wills, Powers of Attorney, etc.)
4. If available, you may want to bring:
Deed to Real Estate, Copy of Real Estate Tax Bills, Health Insurance Policy, Existing Nursing Home Contract (if any), Existing Life Insurance Policies, Life insurance paperwork indicating the face value, death benefit, and cash value with respect to the policy, Copies of all current bank statements, Copies of all Series E or EE bonds, Most current statement from Stockbroker, Most current Mutual Fund statements, Most current statement for IRA account, Most current statement of Qualified Retirement Account (Non-IRA), Complete copies of any Annuities, Copies of any Notes or Mortgages Receivable by you.
The scope of the services we anticipate performing for you are as follows:
1. Will review and update, if appropriate.
2. Living Will review and update, if appropriate.
3. General Durable Power of Attorney review and update, if appropriate.
At our initial meeting, we will discuss the matter, and provide a written retainer statement. I will quote you a fixed fee for the projected legal work. This way you will know at the beginning what your costs will be. Clients can now pay fees by check, Visa, MasterCard, American Express, Discover, cash or money order. Once retained, we will represent your interest vigorously.
As you might imagine, we have many requests for appointments and our schedule is very full. Therefore, we ask that you make every effort to keep your appointment. If, for some reason, you are unable to do so, please notify us at least 48 hours in advance by calling 732-572-0500.
More information at
http://www.njlaws.com/will_Questionnaire.htm
4. Two step police interrogation invalid., State v. O'Neill __ NJ __ NJ Supreme Court (A-79-06) 12-20-07(Recent case).
As a matter of state law, when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination.
5. No trial without defendant unless defendant willfully absent State v. Luna __ NJ __ NJ Supreme Court (A-68-06) 12-19-07 (Recent Case).
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
6. Can't Be Convicted of "Attempt" to Commit a DP. State v. McGrath NJ Super. (App. Div. Decided August 3, 2007) A-3297-05T1. Not Approved For Publication.
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
7. This Week's Events:
Friday, May 23 Join Ken V and friends for the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns The Official start of summer! Call Ken V if attending 732-572-0500
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake Spring Lake NJ followed by volleyball at Bar A. Free food and discount drinks. Thank you Bar A.
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 2008. 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
_______________
1. Memorial Day Remembrance
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com)
3. Will Appointments (New article on website www.njlaws.com)
4. Two step police interrogation invalid., State v. O'Neill (Recent case)
5. No trial without defendant unless defendant willfully absent., State v. Luna (Recent case)
6. Can't Be Convicted of "Attempt" to Commit a DP., State v. McGrath
7. This week's events
--------------------------------------------------------------------------------
1. Memorial Day Remembrance.
This week has been designated as Armed Forces week. Every American should pause for a moment and say a prayer for those brave men and women who are serving in our armed forces. Whether they are on the battlefield, or serving stateside, they are protecting the freedoms we hold so dear. Whether they are active, reserve or National Guard, they deserve our respect. Regardless of our own personal opinions on various policies and conflicts, we need to stand together and in one united voice say "THANK YOU."
This brings us to the final holiday in May. Memorial Day is an occasion where we once again honor our military, but in a different light. We pause on this day to remember those soldiers who paid the ultimate price for our freedom. I sincerely hope every person finds some way to participate in the Memorial Day ceremonies in their own communities.
The Edison Memorial Day Parade is Sunday.
The Metuchen Memorial Day Parade is Monday, starting on Main Street in Metuchen.
http://www.njlaws.com/GeneralWondrack.htm
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com).
New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.
More info at http://www.njlaws.com/fro.htm
3. Will Appointments (New article on website www.njlaws.com).
Please call our office during business hours to make an appointment for a confidential appointment.
To help provide better service and answer your questions, please fill out our Confidential Will Questionnaire on
http://www.njlaws.com/will_Questionnaire.htm
You may want to fax or mail the interview sheet to our office prior to the appointment.
You should bring to the appointment:
1. The completed Will Questionnaire Sheet
2. Your questions written out.
3. All papers you have in connection with your Will. (Prior Wills, Living Wills, Powers of Attorney, etc.)
4. If available, you may want to bring:
Deed to Real Estate, Copy of Real Estate Tax Bills, Health Insurance Policy, Existing Nursing Home Contract (if any), Existing Life Insurance Policies, Life insurance paperwork indicating the face value, death benefit, and cash value with respect to the policy, Copies of all current bank statements, Copies of all Series E or EE bonds, Most current statement from Stockbroker, Most current Mutual Fund statements, Most current statement for IRA account, Most current statement of Qualified Retirement Account (Non-IRA), Complete copies of any Annuities, Copies of any Notes or Mortgages Receivable by you.
The scope of the services we anticipate performing for you are as follows:
1. Will review and update, if appropriate.
2. Living Will review and update, if appropriate.
3. General Durable Power of Attorney review and update, if appropriate.
At our initial meeting, we will discuss the matter, and provide a written retainer statement. I will quote you a fixed fee for the projected legal work. This way you will know at the beginning what your costs will be. Clients can now pay fees by check, Visa, MasterCard, American Express, Discover, cash or money order. Once retained, we will represent your interest vigorously.
As you might imagine, we have many requests for appointments and our schedule is very full. Therefore, we ask that you make every effort to keep your appointment. If, for some reason, you are unable to do so, please notify us at least 48 hours in advance by calling 732-572-0500.
More information at
http://www.njlaws.com/will_Questionnaire.htm
4. Two step police interrogation invalid., State v. O'Neill __ NJ __ NJ Supreme Court (A-79-06) 12-20-07(Recent case).
As a matter of state law, when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination.
5. No trial without defendant unless defendant willfully absent State v. Luna __ NJ __ NJ Supreme Court (A-68-06) 12-19-07 (Recent Case).
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
6. Can't Be Convicted of "Attempt" to Commit a DP. State v. McGrath NJ Super. (App. Div. Decided August 3, 2007) A-3297-05T1. Not Approved For Publication.
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
7. This Week's Events:
Friday, May 23 Join Ken V and friends for the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns The Official start of summer! Call Ken V if attending 732-572-0500
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake Spring Lake NJ followed by volleyball at Bar A. Free food and discount drinks. Thank you Bar A.
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 2008. 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
Monday, May 12, 2008
NJ Laws Email Newsletter E273 - May 9, 2008
NJ Laws Email Newsletter E273 - May 9, 2008
In This Issue
_______________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
___________________________________________________________________________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
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 2008. 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
In This Issue
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1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
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1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
Thank you for reading our newsletter! God Bless America USA #1
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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/
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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
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