NJ Laws Email Newsletter E313
Kenneth Vercammen, Attorney at Law
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August 27, 2009
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In This Issue:
Recent Important Cases:
1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
2. Refusal Stands Even if Driver Does Not Understand English.
_____________________
3. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen.
4. New Legal Videos on YouTube.
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NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
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(732) 572-0500
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Greetings Kenneth Vercammen,
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Recent Important Cases:
1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
State v. Bogan 200 NJ 61 (2009)
The police officer's warrantless entry into an apartment for the purpose of taking
the telephone from an unattended child to speak with his parent was justified by
the community caretaking doctrine because the officer had a duty to identify a
responsible adult for the child and to ensure his safety. Because the officer
was lawfully on the premises when he observed in plain view defendant, who fit the
suspect's description, he had a right to direct his fellow officers to question
defendant. Defendant's Mirandized statements in response to questioning were properly
admitted at trial.
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2. Refusal Stands Even if Driver Does Not Understand English. State v. Marquez
408 NJ Super. 273 (App. Div. 2009)
The police have no constitutional obligation to translate into Spanish the standard
statement under the breath-test refusal statute, N.J.S.A. 39:4-50.2(e), to a licensed
New Jersey driver arrested for drunk driving who does not understand English. The
court reaffirms the Law Division's holding in State v. Nunez, 139 N.J. Super. 28,
32-33 (Law Div. 1976), that no such translation is required. However, we recommend
that, as an administrative matter, the Motor Vehicle Commission prospectively consider
having the standard statement translated into Spanish and perhaps other prevalent
foreign languages.
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3. Fun Upcoming Running Races 2009, selected by Kenneth Vercammen.
August 29, 2009
Ray Licata Long Branch Ocean Mile Swim
1 mile, & 100 yards for kids,
Long Branch, NJ 8:00AM
August 30, 2009
CJRR Fall Classic
Cranford, NJ 8:30AM
Also, August 30, 2009
RVRR Picnic
September 6, 2009
Jimmy D 5k
New Brunswick, NJ 9:00AM free beer
Also, September 6, 2009
Woodbridge 5k
Woodbridge, NJ 9:00AM
September 7, 2009
South Plainfield 3m
South Plainfield, NJ
Also, September 7, 2009
Monday Pier House 5k
September 12, 2009
Cranbury Day 5k
Cranbury, NJ 9AM
September 13, 2009
Seaside Triathlon 7am
Also, September 13, 2009
JSRC Picnic at Monmouth Park Racetrack
If you are attending any of these races, please call or email Ken V. Often we car
pool or meet at these events. If you can't run, you can volunteer, or walk the course.
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4. New Legal Videos on YouTube.
Self Defense Law and Defense Against Assault Charges [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview]
Assault Simple Assault and Aggravated Assault [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview]
DWI Questions on Field Sobriety Tests and Arrest [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DVSRBgROA0RU%26feature%3Dchannel&id=preview]
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Editorial Assistance of this email newsletter was provided by Chase Smith. Mr. Smith
is currently participating in Kenneth Vercammen's Summer Internship Program. Mr.
Smith is hoping to become a criminal attorney in the near future.
Wednesday, September 09, 2009
Wednesday, August 12, 2009
NJ Laws Email Newsletter E312
NJ Laws Email Newsletter E312
Kenneth Vercammen, Attorney at Law
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August 12, 2009
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. Thank you attendees 50th Birthday Party
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case.
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test.
4. Miranda Violation cannot be Asserted by Co-defendant.
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
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================================================================================
1. Thank you attendees 50th Birthday Party
I thank the numerous friends who attended the 50th Birthday Party for Ken Vercammen
& Jim Capraro. I was honored that so many relatives and neighbors could attend.
We enjoyed sharing stories of great achievements such as winning the Tug-of-War
Championship with Steve Vercammen, Chris Knigge and Greg Halpin.
This party also celebrated my 20 year wedding anniversary with Cynthia. I enjoyed signing "The Wanderer" with groomsmen Mike Sydor, Lance Tkacs, Mike Brennan and Gordon Chin. It was good to see original 1975 summer blast attendee Bob "Huey" Dillon and also Scranton great Young Ray Miller. Numerous prominent attorneys and public officials attended.
Athletes from the Raritan Valley Road Runners RVRR and Jersey Shore Running Club
entertained the neighbors with great, and not as great, karoake singing. A new record was set with 14 people in the Hot Tub. The bottles and gifts received will
be put to good use at future parties.
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Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz
v. Mass 129 S.Ct. 2527 (2009)
Defendant's drug conviction is reversed, where the trial court's admission of the
prosecution's certificates by laboratory analysts, stating that material seized
by police and connected to Defendant was cocaine of a certain quantity, violated
petitioner's Sixth Amendment right to confront the witnesses against him.
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3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test. State v. Filson___ NJ Super. ___ (Law Div. 2009)
In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew.
What suffices as observation must be determined in view of the observation requirement's purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.
Source: New Jersey Law Journal July 27, 2009
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4. Miranda Violation cannot be Asserted by Co-defendant. State v. Baum 199 NJ 407
(2009)
Defendant Jermel Moore's motion to suppress evidence found during a warrantless
search of the vehicle in which he was riding should have been denied because he
did not have standing to argue that the driver's right against self-incrimination
was violated and because the search was not unreasonable.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
Three races in one morning:
8/15 Long Branch Sprint Triathlon Series-
Aug 16 400 mtr swim, 9.5 mile bike,
3 mile run 6:45am
Long Branch NJ Sandy Hooker Event
8/15 Bradley Beach 5k 8:30am
8/15 Rumson Hash Monmouth Park Trail run 10:17am
also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles
Jersey Shore Tri Club
If you are attending any of these races, please call or email Ken V. Often we car
pool or met at these events. If you can run, you can volunteer, or walk the course.
Kenneth Vercammen, Attorney at Law
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August 12, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. Thank you attendees 50th Birthday Party
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case.
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test.
4. Miranda Violation cannot be Asserted by Co-defendant.
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
1. Thank you attendees 50th Birthday Party
I thank the numerous friends who attended the 50th Birthday Party for Ken Vercammen
& Jim Capraro. I was honored that so many relatives and neighbors could attend.
We enjoyed sharing stories of great achievements such as winning the Tug-of-War
Championship with Steve Vercammen, Chris Knigge and Greg Halpin.
This party also celebrated my 20 year wedding anniversary with Cynthia. I enjoyed signing "The Wanderer" with groomsmen Mike Sydor, Lance Tkacs, Mike Brennan and Gordon Chin. It was good to see original 1975 summer blast attendee Bob "Huey" Dillon and also Scranton great Young Ray Miller. Numerous prominent attorneys and public officials attended.
Athletes from the Raritan Valley Road Runners RVRR and Jersey Shore Running Club
entertained the neighbors with great, and not as great, karoake singing. A new record was set with 14 people in the Hot Tub. The bottles and gifts received will
be put to good use at future parties.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz
v. Mass 129 S.Ct. 2527 (2009)
Defendant's drug conviction is reversed, where the trial court's admission of the
prosecution's certificates by laboratory analysts, stating that material seized
by police and connected to Defendant was cocaine of a certain quantity, violated
petitioner's Sixth Amendment right to confront the witnesses against him.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test. State v. Filson___ NJ Super. ___ (Law Div. 2009)
In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew.
What suffices as observation must be determined in view of the observation requirement's purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.
Source: New Jersey Law Journal July 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Miranda Violation cannot be Asserted by Co-defendant. State v. Baum 199 NJ 407
(2009)
Defendant Jermel Moore's motion to suppress evidence found during a warrantless
search of the vehicle in which he was riding should have been denied because he
did not have standing to argue that the driver's right against self-incrimination
was violated and because the search was not unreasonable.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
Three races in one morning:
8/15 Long Branch Sprint Triathlon Series-
Aug 16 400 mtr swim, 9.5 mile bike,
3 mile run 6:45am
Long Branch NJ Sandy Hooker Event
8/15 Bradley Beach 5k 8:30am
8/15 Rumson Hash Monmouth Park Trail run 10:17am
also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles
Jersey Shore Tri Club
If you are attending any of these races, please call or email Ken V. Often we car
pool or met at these events. If you can run, you can volunteer, or walk the course.
Wednesday, July 22, 2009
NJ Laws Email Newsletter E311
NJ Laws Email Newsletter E311
Kenneth Vercammen, Attorney at Law
July 22, 2009
In This Issue:
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver.
2. Next Community Events
3. Recent Video Legal Podcasts
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver. State v. Kesavan (App. Div.) decided May 26, 2009 05-2-3928 Unpublished
Defendant appeals from his de novo conviction for refusal to submit to a breathalyzer and leaving the scene of an accident. Defendant is not a native speaker and does not appear on the record to be particularly fluent in English. Defendant was not asked if his plea was being made voluntarily or whether he was being forced or coerced. No testimony was taken to establish defendant's knowing, intelligent and voluntary waiver of his right to a trial. Nothing in the record establishes an adequate factual basis. Accordingly, the appellate panel vacates the guilty pleas and remands the matter for trial.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Next Community Events
July 25, 2009 Parker House 2 mile Fun Run
2 mile Sea Girt - Free Beer
_______________________________________
July 26, 2009 Jersey State Triathlon USAT
Sanctioned Mercer County Park
_______________________________________
July 29, 2009
Annual Client Lunch & Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: Wednesday, July 29th 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to: Kenvnjlaws@verizon.net
Space is limited to fifteen people.
_______________________________________
Defending Internet Related Crimes Program
Friday, July 31 8:30AM to 10:00AM
General Practice, Solo and Small Firm
All Presidential CLE Centre Programs will be held at the Hyatt Regency Chicago.
For ABA registration, contact CDS/ Travel Planners at 800-915-9801
Elder Law, Estate Planning & Probate -
New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago
ABA Annual Meeting
Speakers:
Jay Foonberg, Esq.
Author of Best Sellers "How to Start and Build a Law Practice" and "How to get and keep good clients",
Beverly Hills, CA
Kenneth A. Vercammen, Esq.
co-author "Nuts & Bolts of Elder Law",
Edison, NJ
Deborah Cole, Chicago
Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
3. Recent Video Legal Podcasts
Domestic Violence Defense
http://www.youtube.com/watch?v=HBLVlKyqPIg&feature=channel_page
Hit & Run Accidents and Money Damages for Injured Persons
http://www.youtube.com/watch?v=38GEk761-BI&feature=channel_page
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
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)
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Kenneth Vercammen, Attorney at Law
July 22, 2009
In This Issue:
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver.
2. Next Community Events
3. Recent Video Legal Podcasts
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver. State v. Kesavan (App. Div.) decided May 26, 2009 05-2-3928 Unpublished
Defendant appeals from his de novo conviction for refusal to submit to a breathalyzer and leaving the scene of an accident. Defendant is not a native speaker and does not appear on the record to be particularly fluent in English. Defendant was not asked if his plea was being made voluntarily or whether he was being forced or coerced. No testimony was taken to establish defendant's knowing, intelligent and voluntary waiver of his right to a trial. Nothing in the record establishes an adequate factual basis. Accordingly, the appellate panel vacates the guilty pleas and remands the matter for trial.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Next Community Events
July 25, 2009 Parker House 2 mile Fun Run
2 mile Sea Girt - Free Beer
_______________________________________
July 26, 2009 Jersey State Triathlon USAT
Sanctioned Mercer County Park
_______________________________________
July 29, 2009
Annual Client Lunch & Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: Wednesday, July 29th 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to: Kenvnjlaws@verizon.net
Space is limited to fifteen people.
_______________________________________
Defending Internet Related Crimes Program
Friday, July 31 8:30AM to 10:00AM
General Practice, Solo and Small Firm
All Presidential CLE Centre Programs will be held at the Hyatt Regency Chicago.
For ABA registration, contact CDS/ Travel Planners at 800-915-9801
Elder Law, Estate Planning & Probate -
New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago
ABA Annual Meeting
Speakers:
Jay Foonberg, Esq.
Author of Best Sellers "How to Start and Build a Law Practice" and "How to get and keep good clients",
Beverly Hills, CA
Kenneth A. Vercammen, Esq.
co-author "Nuts & Bolts of Elder Law",
Edison, NJ
Deborah Cole, Chicago
Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
3. Recent Video Legal Podcasts
Domestic Violence Defense
http://www.youtube.com/watch?v=HBLVlKyqPIg&feature=channel_page
Hit & Run Accidents and Money Damages for Injured Persons
http://www.youtube.com/watch?v=38GEk761-BI&feature=channel_page
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
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)
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Friday, July 17, 2009
NJ Laws Email Newsletter E310
NJ Laws Email Newsletter E310
Kenneth Vercammen, Attorney at Law
July 17, 2009
In This Issue
_______________
1. Erase & Hide Criminal Arrests
Recent Important Cases...
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness.
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year.
4. Annual Client Lunch and Probate Seminar
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
6. Termination of Child Support upon Emancipation in New Jersey
7. Edison Community Pool Memberships Available for Summer 2009.
Greetings!
1. Erase & Hide Criminal Arrests
Attention individuals with criminal arrests from their past. Legally erase criminal arrests. If someone had been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all Expungements is held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases are finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
Recent Important Cases:
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness. Rivas v. Colon (App. Div.) decided Feb. 9, 2009 20-2-2707 Unpublished.
The final restraining order entered in this domestic violence action is vacated, the temporary restraining order is reinstated, and the matter is remanded for retrial since the procedure followed by the trial judge - including no mention of defendant's right of cross-examination or to call witnesses and the recitation of the allegations of the complaint by the judge without testimony by plaintiff - violated defendant's right to due process.
Source: N.J.L.J. Daily Briefing - 02/10/2009
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year. Olsvary v. New Jersey Motor Vehicle Commission (App. Div.) decided April 29, 2009 05-2-3670 Unpublished
Appellant appealed from a final decision of the Motor Vehicle Commission (MVC) that denied her request for an administrative hearing and upheld the suspension of her New Jersey driving privileges following her plea of nolo contendere to a Florida charge of driving while intoxicated. Pursuant to the Interstate Driver License Compact, the Florida conviction was transmitted to the MVC. Appellant mistakenly believed her New Jersey driving privileges were suspended contemporaneously with her Florida privileges. The appellate panel affirmed, finding no due process violation in the agency's failure to conduct an administrative hearing where appellant presented no disputed issues of material fact when requesting a hearing.
Source: 196 N.J.L.J. 336
4. Annual Client Lunch and Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: July 29, 2009 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to Kenvnjlaws@verizon.net. Space is limited to fifteen people.
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday, July 18 5pm- 11pm
Could the legendary giant elephant appear for elephant rides?
Friends for 50th birthday party should RSVP to kenvnjlaws@verizon.net.
6. Termination of Child Support upon Emancipation in New Jersey
Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation.
For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.
The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
7. Edison Community Pool Memberships Available for Summer 2009.
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2009.
Facilities: The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Dates and Hours of Operation: The Edison Community Pool will open Beginning , June 19, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day, September 1.
Membership Type:
(Proof of age may be required at the discretion of YMCA management)
2009 Pool Fees
Family: $345.00
Family Plus: $399.00
Same as above plus one additional person who permanently resides with the family (grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual: $189.00
10 years or older
Senior Citizen: $130.00
Any resident over 65 years of age
Senior Couple: $210.00
2 senior citizens over 65 years of age residing in a single residence
Active Edison Elk #2487 Lodge Members: 20% discount and Metuchen Branch YMCA members are entitled to a 10% discount. Valid membership cards are required to receive an in-person discount at time of registration.
For more information, stop by any operating day during the pool season.
For more information call the YMCA at 732-548-2044.
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
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)
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Kenneth Vercammen, Attorney at Law
July 17, 2009
In This Issue
_______________
1. Erase & Hide Criminal Arrests
Recent Important Cases...
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness.
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year.
4. Annual Client Lunch and Probate Seminar
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
6. Termination of Child Support upon Emancipation in New Jersey
7. Edison Community Pool Memberships Available for Summer 2009.
Greetings!
1. Erase & Hide Criminal Arrests
Attention individuals with criminal arrests from their past. Legally erase criminal arrests. If someone had been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all Expungements is held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases are finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
Recent Important Cases:
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness. Rivas v. Colon (App. Div.) decided Feb. 9, 2009 20-2-2707 Unpublished.
The final restraining order entered in this domestic violence action is vacated, the temporary restraining order is reinstated, and the matter is remanded for retrial since the procedure followed by the trial judge - including no mention of defendant's right of cross-examination or to call witnesses and the recitation of the allegations of the complaint by the judge without testimony by plaintiff - violated defendant's right to due process.
Source: N.J.L.J. Daily Briefing - 02/10/2009
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year. Olsvary v. New Jersey Motor Vehicle Commission (App. Div.) decided April 29, 2009 05-2-3670 Unpublished
Appellant appealed from a final decision of the Motor Vehicle Commission (MVC) that denied her request for an administrative hearing and upheld the suspension of her New Jersey driving privileges following her plea of nolo contendere to a Florida charge of driving while intoxicated. Pursuant to the Interstate Driver License Compact, the Florida conviction was transmitted to the MVC. Appellant mistakenly believed her New Jersey driving privileges were suspended contemporaneously with her Florida privileges. The appellate panel affirmed, finding no due process violation in the agency's failure to conduct an administrative hearing where appellant presented no disputed issues of material fact when requesting a hearing.
Source: 196 N.J.L.J. 336
4. Annual Client Lunch and Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: July 29, 2009 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to Kenvnjlaws@verizon.net. Space is limited to fifteen people.
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday, July 18 5pm- 11pm
Could the legendary giant elephant appear for elephant rides?
Friends for 50th birthday party should RSVP to kenvnjlaws@verizon.net.
6. Termination of Child Support upon Emancipation in New Jersey
Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation.
For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.
The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
7. Edison Community Pool Memberships Available for Summer 2009.
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2009.
Facilities: The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Dates and Hours of Operation: The Edison Community Pool will open Beginning , June 19, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day, September 1.
Membership Type:
(Proof of age may be required at the discretion of YMCA management)
2009 Pool Fees
Family: $345.00
Family Plus: $399.00
Same as above plus one additional person who permanently resides with the family (grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual: $189.00
10 years or older
Senior Citizen: $130.00
Any resident over 65 years of age
Senior Couple: $210.00
2 senior citizens over 65 years of age residing in a single residence
Active Edison Elk #2487 Lodge Members: 20% discount and Metuchen Branch YMCA members are entitled to a 10% discount. Valid membership cards are required to receive an in-person discount at time of registration.
For more information, stop by any operating day during the pool season.
For more information call the YMCA at 732-548-2044.
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
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)
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Wednesday, July 01, 2009
NJ Laws Email Newsletter E309
NJ Laws Email Newsletter E309
Kenneth Vercammen, Attorney at Law
July 1, 2009
In This Issue
_______________
Recent Important Cases...
1. Idling While Drunk is not DWI.
2. Harassment Required Proof of Intent to Alarm or Annoy.
________________
3. Upcoming Events:
Belmar Five Mile Run - New Team Competition. Need Team Members.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
School's Out. Now is the time to prepare your Will and do Estate Planning prior to traveling on vacation. Please call our office today to schedule an appointment.
Recent Important Cases...
1. Idling While Drunk is not DWI. State v. Putz (App. Div.) decided May 26, 2009 Docket 05-2-3929 Unpublished
Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Harassment Required Proof of Intent to Alarm or Annoy. State v. DeGiulio (App. Div.) decided May 20, 2009 14-2-3889 Unpublished
Where defendant was charged only with violating N.J.S.A. 2C:33-4(c), the judge erred in sua sponte amending the complaint to include violations under 4(a) and 4(b) and defendant's convictions for harassment under the latter two provisions are reversed. His conviction under 4(c) must be reversed as the State failed to prove a course of alarming conduct or of repeatedly committed acts done with the purpose to alarm or seriously annoy his ex-wife. His conviction for contempt under N.J.S.A. 2C:29-9(b) for knowingly violating the terms of the FRO previously entered against him is also reversed since there was no evidence of a harassing communication with his ex-wife nor did he commit an act of domestic violence against her when a near collision occurred when they both pulled their cars out of their parking spaces at the same time during a parenting exchange.
Source: NJ Law Journal 196 NJLJ 553 May 25
3. Upcoming Events: Belmar Five Mile Run - New Team Competition. Need Team Members
Saturday, July 11, 2009 at 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 2008 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, music and Beach party, 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 KenV@njlaws.com
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at: http://www.belmar5.com/
Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
BUCKAROO BARBEQUE
Country Western BBQ Benefit for Zachary Nemeth
LET'S "GET ON TRACK WITH ZACH"
Sunday, July 19, 2009
Zachary Nemeth is a two year old little boy who was born with multiple disabilities and is developmentally delayed. He suffers from muscular weakness and cannot swallow. As a result, he has a tracheotomy and a feeding tube. Zachary is under constant medical care and needs occupational, physical and swallow therapies. He has been hospitalized several times and will need more surgeries in the near future.
Zachary is continuing his developmental progress at home, in Helmetta, with around the clock care of nurses, and his mother, Barbara. However, despite the devotion of family and friends, the Nemeth family has been financially burdened with countless medical and daily living expenses. They need our help. So Please Open Up Your Hearts and Help Zach Stay on Track.
WHERE: EAST BRUNSWICK ELKS LODGE at 21B Oakmont Ave., East Brunswick (732)821-9527 (go to www.ebelks.com for directions)
WHEN: Sunday, July 19, 2009 (Rain or Shine) (outside event, please bring your lawn chairs)
TIME: 12:00PM - 7:00 PM
(Line Dance lessons 12PM - 1PM)
COST: $30 Per Person
Children 3-6 yrs old $15
2 and under Free
Price includes: BBQ food, desserts, soda, coffee/tea, live entertainment and DJ for dancing
The following bands and DJ will be performing:
"DUE SOUTH"
"SILVER SPURRS"
"JT AND FRIENDS"
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Kenneth Vercammen, Attorney at Law
July 1, 2009
In This Issue
_______________
Recent Important Cases...
1. Idling While Drunk is not DWI.
2. Harassment Required Proof of Intent to Alarm or Annoy.
________________
3. Upcoming Events:
Belmar Five Mile Run - New Team Competition. Need Team Members.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
School's Out. Now is the time to prepare your Will and do Estate Planning prior to traveling on vacation. Please call our office today to schedule an appointment.
Recent Important Cases...
1. Idling While Drunk is not DWI. State v. Putz (App. Div.) decided May 26, 2009 Docket 05-2-3929 Unpublished
Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Harassment Required Proof of Intent to Alarm or Annoy. State v. DeGiulio (App. Div.) decided May 20, 2009 14-2-3889 Unpublished
Where defendant was charged only with violating N.J.S.A. 2C:33-4(c), the judge erred in sua sponte amending the complaint to include violations under 4(a) and 4(b) and defendant's convictions for harassment under the latter two provisions are reversed. His conviction under 4(c) must be reversed as the State failed to prove a course of alarming conduct or of repeatedly committed acts done with the purpose to alarm or seriously annoy his ex-wife. His conviction for contempt under N.J.S.A. 2C:29-9(b) for knowingly violating the terms of the FRO previously entered against him is also reversed since there was no evidence of a harassing communication with his ex-wife nor did he commit an act of domestic violence against her when a near collision occurred when they both pulled their cars out of their parking spaces at the same time during a parenting exchange.
Source: NJ Law Journal 196 NJLJ 553 May 25
3. Upcoming Events: Belmar Five Mile Run - New Team Competition. Need Team Members
Saturday, July 11, 2009 at 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 2008 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, music and Beach party, 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 KenV@njlaws.com
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at: http://www.belmar5.com/
Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
BUCKAROO BARBEQUE
Country Western BBQ Benefit for Zachary Nemeth
LET'S "GET ON TRACK WITH ZACH"
Sunday, July 19, 2009
Zachary Nemeth is a two year old little boy who was born with multiple disabilities and is developmentally delayed. He suffers from muscular weakness and cannot swallow. As a result, he has a tracheotomy and a feeding tube. Zachary is under constant medical care and needs occupational, physical and swallow therapies. He has been hospitalized several times and will need more surgeries in the near future.
Zachary is continuing his developmental progress at home, in Helmetta, with around the clock care of nurses, and his mother, Barbara. However, despite the devotion of family and friends, the Nemeth family has been financially burdened with countless medical and daily living expenses. They need our help. So Please Open Up Your Hearts and Help Zach Stay on Track.
WHERE: EAST BRUNSWICK ELKS LODGE at 21B Oakmont Ave., East Brunswick (732)821-9527 (go to www.ebelks.com for directions)
WHEN: Sunday, July 19, 2009 (Rain or Shine) (outside event, please bring your lawn chairs)
TIME: 12:00PM - 7:00 PM
(Line Dance lessons 12PM - 1PM)
COST: $30 Per Person
Children 3-6 yrs old $15
2 and under Free
Price includes: BBQ food, desserts, soda, coffee/tea, live entertainment and DJ for dancing
The following bands and DJ will be performing:
"DUE SOUTH"
"SILVER SPURRS"
"JT AND FRIENDS"
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Friday, June 26, 2009
NJ Laws Email Newsletter E308
June 26, 2009
In This Issue
_______________
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested.
2. Ordinance can bar taking of Photos for Sale.
3. Rat Balloon Ordinance Violates Free Speech.
________________
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested. Arizona v. Gant 129 S. Ct. 1710 (2009)
Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed.
2. Ordinance can bar taking of Photos for Sale. State v. Chepilko 405 NJ Super. 446 (App. Div. 2009)
The taking of photographs of persons walking on the Atlantic City Boardwalk and then attempting to sell the photographs to the subjects does not constitute expressive conduct entitled to First Amendment protection that insulates a person engaged in this activity from prosecution for a violation of municipal other Boardwalk.
3. Rat Balloon Ordinance Violates Free Speech. State v. DeAngelo 197 NJ 478 (2009)
The Lawrence Township sign ordinance violates the First Amendment right to free speech and is overbroad.
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
WHEN: Saturday, July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
LOCATION: South Brunswick NJ at 16 & 17 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
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
No gifts please.
Ok to bring something for the Tiki Bar!
http://www.facebook.com/event.php?eid=91508471625
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel
Federal Estate & Gift Tax Changes
http://www.youtube.com/watch?v=vCslLgdSalk
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
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)
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
In This Issue
_______________
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested.
2. Ordinance can bar taking of Photos for Sale.
3. Rat Balloon Ordinance Violates Free Speech.
________________
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested. Arizona v. Gant 129 S. Ct. 1710 (2009)
Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed.
2. Ordinance can bar taking of Photos for Sale. State v. Chepilko 405 NJ Super. 446 (App. Div. 2009)
The taking of photographs of persons walking on the Atlantic City Boardwalk and then attempting to sell the photographs to the subjects does not constitute expressive conduct entitled to First Amendment protection that insulates a person engaged in this activity from prosecution for a violation of municipal other Boardwalk.
3. Rat Balloon Ordinance Violates Free Speech. State v. DeAngelo 197 NJ 478 (2009)
The Lawrence Township sign ordinance violates the First Amendment right to free speech and is overbroad.
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
WHEN: Saturday, July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
LOCATION: South Brunswick NJ at 16 & 17 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
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
No gifts please.
Ok to bring something for the Tiki Bar!
http://www.facebook.com/event.php?eid=91508471625
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel
Federal Estate & Gift Tax Changes
http://www.youtube.com/watch?v=vCslLgdSalk
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
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)
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Wednesday, June 17, 2009
NJ Laws Email Newsletter E307
NJ Laws Email Newsletter E307
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 17, 2009
In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
http://www.youtube.com/watch?v=NG7AIaXWhNc&feature=channel_page [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNG7AIaXWhNc%26feature%3Dchannel_page&id=preview]
Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
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
[mailto:newsletter@njlaws.com])
Our Law blogs:
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Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
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Kenneth Vercammen, Attorney at Law
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June 17, 2009
In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
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(732) 572-0500
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Greetings Kenneth Vercammen,
HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
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3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
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Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
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Thank you for reading our newsletter! God Bless America USA #1
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NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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