February 26, 2008
In This Issue
_______________
1. Middlesex County
Bar Association
3rd Annual Awards Dinner.
2. More Fun Events, Sunday March 2nd, 13.1 Miles E. Murray Todd Half Marathon.
3. Anabolic Steroids illegal in New Jersey.
4. If Suspended for DWI in Another
State, Enhanced Penalty for Driving While Suspended.
5. No time limit on appeal until court advises defendant of right to appeal,
State v. Johnson.
6. City may be liable for 911 operator's negligent TORT CLAIMS ACT
Massachi v. AHL Services.
7. SUPERIOR COURT JUDGES Nominated.
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1. Middlesex County Bar Association 3rd Annual Awards Dinner.
On March 19, 2008, the Middlesex County Bar Association will hold its third annual awards dinner at Sunny Palace Restaurant on Route 18 South in East Brunswick. Awards will be given to bar members in the following areas: Pro Bono; Non-Litigation; Civil Trial Practice; Criminal Trial Practice; and Municipal Court Practice.
The guest speaker will be Hon. Travis L. Francis, AJSC.
The MCBA will pay tribute to these bar members for their significant contributions to their respective practice areas.
The following awards will be given:
-Pro Bono Attorney-of-the Year Henry Gurshman
-Civil Trial Practitioner-of-the-Year John Gorman
- Criminal Trial Attoreny-of-the-Year Jim Nolan & Nicole Albert
-Municipal Court Practitioner-of-the-Year Kenneth Vercammen
-Young Lawyer of the Year Kimberly Yonta Aronow
-Transactional Attorney of the Year Michael Schaff
The purpose of the Awards is to recognize attorneys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their law practice to their respective practice areas and exhibit one or more of the following:
- Leadership in the poteintial candidate's field of practice;
- Significant, tangible contributions to the Bar, such as participation in educational panels, Bar committees, etc, pertaining to non-litigation issues;
- Significant,tangible contributions to the community and/or charitable endeavors;
- A record promoting participation and involvement in the MCBA and collegiality within the Association; and
- A reputation for personal and professional integrity.
The evening will commence with a cocktail hour (cash bar) at 6:00 p.m. and dinner will be served at 7:00 p.m. The cost to attend is $35 for MCBA Young Lawyers, $40 for MCBA Members and $45 for all others, in advance.
For additional information, contact the Bar Office at (732) 828-3433, ext. 102.
More details at:
http://www.mcbalaw.com/cde.cfm?event=186648
2. More Fun Events - Sunday, March 2nd, 13.1 Miles.
E. Murray Todd Half Marathon 13.1mi, 9am Lincroft, NJ, 732-542-1642
http://www.raceforum.com/03/todd.pdf
Followed by St Patrick's Day Parade
The Jersey Shore Running Club JSRC will again be marching in the Annual St Patrick's Day parade in Belmar to be held on Sunday , March 2nd. We will stage at Jim Rich's house at 1719 Melrose Ave, Lake Como which is near the start one block west of Main Street which is the route of the parade . Get there anytime after 11 AM but before 12 Noon so we can all get in the parade as a group in our assigned spot. Wear GREEN
Plenty of beer before and after parade. Call Ken Vercammen if interested in 1/2 marathon or parade
3. Anabolic Steroids illegal in New Jersey.
The issue of Barry Bonds and other professional athletes' possible involvement with steroids now raises questions on high school athletes trying steroids. The New Jersey Commissioner of Health promulgated rules and regulations which classify anabolic steroids as Schedule III controlled dangerous substances. The problem of the unlawful use of anabolic steroids by school-age children is a particularly serious one, and that this problem is not limited to student athletes, but also involves students who use these especially dangerous substances with the intent to enhance their physical appearance. These substances often have profound, long-term adverse side effects, and that their unlawful use by children cannot be tolerated.
"Controlled Dangerous Substance" shall mean a drug, substance or immediate precursor as defined at N.J.S.A. 2C:35-2, and shall include controlled substance analogs. Pursuant to regulations adopted by the Department of Health, the term includes anabolic steroids, and shall also be deemed to include "Jimson" weed (stramonium preparation; N.J.S.A. 2A:170-77.8) and gamma hydroxybutyrate (GHB), Rohypnol ("roofies"), and flunitrazepam. (See N.J.S.A. 2C:35-5.2 and 5.3.)
More info at
http://www.njlaws.com/Anabolic_Steroids.htm
4. If Suspended for DWI in Another State, Enhanced Penalty for Driving While Suspended. State v. Colley ___ NJ Super. ___ (Decided December 14, 2007). A-3347-06T5.
A prior conviction in another state for conduct equivalent to that proscribed by N.J.S.A. 39:4-50 subjects the defendant to the enhanced penalty provision set by N.J.S.A. 39:3-40f(2) upon a subsequent conviction in this state.
5. No time limit on appeal until court advises defendant of right to appeal, State v. Johnson 396 NJ Super. 133 (App. Div. 2007)
In this appeal the court examine the consequences of a sentencing court's failure to notify a defendant of his right to appeal within forty-five days, when the sentence was imposed prior to the New Jersey Supreme Court's opinion in State v. Molina, 187 N.J. 531 (2006). In Molina, the Court made prospective its holding that such a defendant had five years from the date of sentencing to move for leave to appeal as within time.
6. City may be liable for 911 operator's negligent TORT CLAIMS ACT, Massachi v. AHL Services 11-15-07 A-1113-06T1
The Tort Claims Act immunity afforded by N.J.S.A. 59:5-4 for failure to provide police protection or sufficient police protection does not immunize a public entity from liability for a 9-1-1 operator's negligent performance of his or her ministerial responsibilities in the handling of an emergency call.
7. SUPERIOR COURT JUDGES Nominated.
Governor Jon S. Corzine submitted the following judicial nominations to the State Senate. The nominations are subject to the advice and consent of the Senate.
Nominate for appointment Pedro Jimenez, Jr. (Perth Amboy, Middlesex)
Nominate for appointment John A. Jorgensen, III (Colonia, Middlesex)
Nominate for appointment Andrea Carter Latimer (Milltown, Middlesex)
8. Estate Planning law is extremely complex and ever changing.
Kenneth Vercammen and Associates represent many individuals to prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you.
Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would like to talk to you about your overall financial goals.
Our services are provided in an efficient manner and are reasonably priced.
Maybe it's time we get together. If you would like to use our firm to assist you in the preparation of your estate planning, in financial planning or in any other legal service, please call for an appointment.
We Look Forward to Hearing From You.
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, February 26, 2008
Thursday, February 07, 2008
NJ Laws' Newsletter February 7, 2008 E267
February 7, 2008
In This Issue
_______________
1. Palimony expanded in New Jersey
2. Contract Like support/palimony case could be heard in Probate Court
3. Suit for tortious interference with a Bequest must be filed in Probate Court
4. Drug Court Expanded in NJ
5. Hardship Exemption to Avoid Driver License Suspension Explained
6. Volunteer Legal Interns Needed, Public Defender of Metuchen
--------------------------------------------------------------------------------
Greetings,
1. Palimony expanded in New Jersey.
Rosemary Connell v. Edward Diehl 01-08-08
A-2331-05T5
The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirty-year cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their marital-type lifestyle over the years. Finally, the court held that a trial judge in calculating a lump-sum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lump-sum award.
2. Contract Like support/ palimony case could be heard in Probate Court.
In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08
A-2459-06T3
Decedent's wife, from whom he had been estranged for over forty years, appealed the Chancery Division's order imposing a constructive trust on her surviving spouse's share of decedent's intestate estate in favor of decedent's companion, with whom he had lived since shortly after the estrangement. The court held that, decedent's conduct and actions, together with the lengthy time decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by decedent to ensure that his companion received adequate provisions during the remainder of her life. The court determined that the Chancery Division mistakenly relied upon an equitable principle of a constructive trust and the court remanded the matter for a determination whether such an implied contractual promise could be established.
3. Suit for tortious interference with a Bequest must be filed in Probate Court Felix M. Garruto, et al. v. Lorraine Cannici 12-21-07.
A-2447-06T1
The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.
4. Drug Court Expanded in NJ. State v. Meyer 192 NJ 421 (2007)
Nonviolent drug-dependent defendants who are not eligible for special probation under N.J.S.A. 2C:35-14 may be admitted into Drug Court if they meet the admission requirements in the AOC's Drug Court Manual.
5. Hardship Exemption to Avoid Driver License Suspension Explained. State v. Bendix ___ NJ Super. ___ (App. Div. Decided October 11, 2007)
A-6508-05T3
The court concluded that the trial court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses. In remanding for a new hearing on the exception issue, the court provided guidance as to the proper procedures for conducting the hearing. Defense counsel should present his client's application through formal witness testimony, and the State's opposition should likewise be presented through testimony rather than representations of counsel. (*Approved for Publication date).
6. Volunteer Legal Interns Needed - Public Defender of Metuchen
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender now offers Wednesday night Internships. The Public Defender of Metuchen again invites college students interested in attending law school or a career in law enforcement to serve as volunteer interns. Can you spare one night per week to help indigent people in need?
Wednesday 4pm PM [approx]- 8:30 PM , Friday 9-2 optional
Mail or fax cover letter and resume to 732-572-0030 fax
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
VOLUNTEER INTERNSHIP DESCRIPTION:
INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING, ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER DISORDERLY AND TRAFFIC OFFENSES
MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS
ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS, PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS.
CONDUCT APPROPRIATE LEGAL RESEARCH
ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION
PARTICIPATE IN MARKETING PROJECTS AND PUBLIC RELATIONS ACTIVITIES
Update Lists of Prosecutors, Judges and Attorneys for publication of NJ Municipal Court Law Review.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude.
In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. Minimum time commitment 10 hours per week.
Mail or fax cover letter and resume to Kenneth Vercammen, Esq. 732-572-0030 fax Public Defender for the Borough of Metuchen c/o 2053 Woodbridge Avenue, Edison, NJ 08817.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
In This Issue
_______________
1. Palimony expanded in New Jersey
2. Contract Like support/palimony case could be heard in Probate Court
3. Suit for tortious interference with a Bequest must be filed in Probate Court
4. Drug Court Expanded in NJ
5. Hardship Exemption to Avoid Driver License Suspension Explained
6. Volunteer Legal Interns Needed, Public Defender of Metuchen
--------------------------------------------------------------------------------
Greetings,
1. Palimony expanded in New Jersey.
Rosemary Connell v. Edward Diehl 01-08-08
A-2331-05T5
The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirty-year cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their marital-type lifestyle over the years. Finally, the court held that a trial judge in calculating a lump-sum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lump-sum award.
2. Contract Like support/ palimony case could be heard in Probate Court.
In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08
A-2459-06T3
Decedent's wife, from whom he had been estranged for over forty years, appealed the Chancery Division's order imposing a constructive trust on her surviving spouse's share of decedent's intestate estate in favor of decedent's companion, with whom he had lived since shortly after the estrangement. The court held that, decedent's conduct and actions, together with the lengthy time decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by decedent to ensure that his companion received adequate provisions during the remainder of her life. The court determined that the Chancery Division mistakenly relied upon an equitable principle of a constructive trust and the court remanded the matter for a determination whether such an implied contractual promise could be established.
3. Suit for tortious interference with a Bequest must be filed in Probate Court Felix M. Garruto, et al. v. Lorraine Cannici 12-21-07.
A-2447-06T1
The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.
4. Drug Court Expanded in NJ. State v. Meyer 192 NJ 421 (2007)
Nonviolent drug-dependent defendants who are not eligible for special probation under N.J.S.A. 2C:35-14 may be admitted into Drug Court if they meet the admission requirements in the AOC's Drug Court Manual.
5. Hardship Exemption to Avoid Driver License Suspension Explained. State v. Bendix ___ NJ Super. ___ (App. Div. Decided October 11, 2007)
A-6508-05T3
The court concluded that the trial court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses. In remanding for a new hearing on the exception issue, the court provided guidance as to the proper procedures for conducting the hearing. Defense counsel should present his client's application through formal witness testimony, and the State's opposition should likewise be presented through testimony rather than representations of counsel. (*Approved for Publication date).
6. Volunteer Legal Interns Needed - Public Defender of Metuchen
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender now offers Wednesday night Internships. The Public Defender of Metuchen again invites college students interested in attending law school or a career in law enforcement to serve as volunteer interns. Can you spare one night per week to help indigent people in need?
Wednesday 4pm PM [approx]- 8:30 PM , Friday 9-2 optional
Mail or fax cover letter and resume to 732-572-0030 fax
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
VOLUNTEER INTERNSHIP DESCRIPTION:
INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING, ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER DISORDERLY AND TRAFFIC OFFENSES
MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS
ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS, PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS.
CONDUCT APPROPRIATE LEGAL RESEARCH
ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION
PARTICIPATE IN MARKETING PROJECTS AND PUBLIC RELATIONS ACTIVITIES
Update Lists of Prosecutors, Judges and Attorneys for publication of NJ Municipal Court Law Review.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude.
In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. Minimum time commitment 10 hours per week.
Mail or fax cover letter and resume to Kenneth Vercammen, Esq. 732-572-0030 fax Public Defender for the Borough of Metuchen c/o 2053 Woodbridge Avenue, Edison, NJ 08817.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, January 16, 2008
NJ Laws Email Newsletter E266 - January 16, 2008
NJ Laws Email Newsletter E266
Kenneth Vercammen, Attorney at Law January 16, 2008
In This Issue
_______________
1. New Law Establishes owners responsibility to provide information relating to certain motor vehicle accidents.
2. New Law Expands scope of implied consent for BAC testing to include certain underage drivers who have consumed alcohol.
3. New Law Authorizes suspension of motor vehicle registration for unpaid parking ticket.
4. New Law provides for more time to pay Surcharges.
5. New Law permits poor people to perform community service in lieu of fines.
6. New Law grants the court discretion regarding imposition of penalties for certain drug offenses and to allow "reformative service" to satisfy a portion of such penalties when certain conditions are met.
7. Other New Traffic, Criminal and Civil Laws signed in January.
8. Hon. Emery Z. Toth to speak at DWI Update 2008.
--------------------------------------------------------------------------------
1. New Law Establishes owners responsibility to provide information relating to certain motor vehicle accidents.
New Law Establishes owners responsibility to provide information relating to certain motor vehicle accidents. S-721/A-2144 (Inverso, Girgenti/ Greenstein)
This bill amends R.S.39:4-129 and R.S.39:4-130 to establish a permissive inference, in cases where a driver fails or refuses to report his involvement in an accident, thatthe registered owner of the vehicle was the person involved in the accident.
Under R.S.39:4-130, drivers are required to report their involvement in any accident resulting in a death, injury or property damage in excess of $500. In certain "hit and run" situations, victims of motor vehicle accidents have been able to identify the vehicle, but not the driver of that vehicle. Since the statutory reporting obligation is on drivers and not owners, there is no mechanism to obtain the identity of the responsible driver, especially if an owner refuses to disclose any information to his insurers or the police. Assigning responsibility to the owner may encourage owners to cooperate in accident investigations.
R.S.39:4-129 provides that the driver of a motor vehicle involved in an accident "shall be presumed to have knowledge that he was involved in such accident, and such presumption shall be rebuttable in nature." This bill amends this section to provide that there shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250 or more to any vehicle or property has knowledge that he was involved in such accident. R.S.39:4-130 is also amended to provide for the permissive inference.
In addition, this bill amends R.S.39:4-129 and R.S.39:4:-130 to provide that in cases where the vehicle is owned by a rental car company or leased, the permissive inference applies to the renter, authorized driver or lessee, not the owner.
The bill would also provide that any person who suppresses, conceals or destroys any evidence relating to a reportable motor vehicle accident or who suppresses the identity of a driver involved in a reportable motor vehicle accident is subject to a fine of not less than $250 or more than $1,000.
The provisions of the bill are consistent with State v. Walten, 241 N.J. Super. 529 (App. Div. 1990), which held that the rebuttable presumption in R.S.39:4-129 offended constitutional principles of due process by improperly shifting the burden to prove knowledge to the defendant, and that a court could afford the statutory presumption no greater weight than that of a permissive inference.
2. New Law Expands scope of implied consent for BAC testing to include certain underage drivers who have consumed alcohol. S-781/A-490 (Madden, Buono/ Bateman).
This bill amends section 2 of P.L.1966, c.142 (C.39:4-50.2), the implied consent statute, to establish that persons under the age of 21 are deemed to have given their consent to a test of their blood alcohol concentration when requested by a police officer who has reasonable grounds to believe they have operated a motor vehicle with a blood alcohol content of 0.01% or more, but less than 0.08%, in violation of section 1 of P.L.1992, c.189 (C.39:4-50.14), the drunk driving statute applicable to underage persons.
The penalties imposed under this bill would be the same as the penalties currently imposed under section 2 of P.L.1981, c.512 (C.39:4-50.4a) for refusal to submit to a blood alcohol concentration test. For a first offense, those penalties include a driver's license suspension of seven months to one year and a fine of $300 to $500.
3. New Law Authorizes suspension of motor vehicle registration for unpaid parking ticket. S-2326/A-3523 (Turner, Rice/ Quigley, Wisniewski, Bodine).
This amended bill would provide a judge and the Motor Vehicle Commission with greater flexibility when dealing with a person who has failed to respond to a failure to appear notice or who has not satisfied outstanding parking fines or penalties. Under current law, a judge or the commission may suspend the person's driver's license. Under the provisions of this bill, a judge or the commission would be permitted to suspend either the person's motor vehicle registration or driver's license. In determining whether to suspend the person's driver's license or the motor vehicle registration, the judge and the commission shall take into consideration the area where the person resides and whether or not the person has access to off-street parking.
This bill was prompted by a recommendation from the Motor Vehicles Affordability and Fairness Task Force.
The committee amended the bill by requiring the judge and the commission to take into consideration the area the person resides in and whether or not the person has access to off-street parking in deciding between suspension of the driver's license or the motor vehicle registration. The committee also made a technical amendment.
4. New Law provides for more time to pay Surcharges S-2331/A-3524 (Turner, Sacco/ Quigley, Wisniewski) - Renames New Jersey Rating Plan and provides for changes in procedures for payment of outstanding surcharges
This bill amends the law creating the New Jersey Merit Rating Plan to change the name of the plan to the Motor Vehicle Violations Surcharge System. The bill further changes the term "plan surcharges" to "surcharges." These changes are intended to make the terminology of the statute establishing the surcharge regime more closely reflective of the character of that regime.
In addition, the bill amends the "Merit Rating Plan" (now the "Surcharge System") to provide that a driver failing to pay a surcharge under the Surcharge System may, by paying at least five percent of each outstanding surcharge assessment owed, remove the driver's suspension for failure to pay. Currently the Motor Vehicle Commission may authorize payment of surcharges on an installment basis for a period not to exceed 12 months for assessments under $2,300, or not exceeding 24 months for assessments of $2,300 or more. The bill provides that the commission may, for good cause, authorize installment payments for a period not exceeding 36 months irrespective of the surcharge assessment. The other permissible installment periods are 12 and 24 months.
The bill further provides that a surcharged driver against whom a certificate of debt has been filed for non-payment of a surcharge shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that his resulted in the suspension, including interests and costs, if any, has been paid to the commission.
5. New Law permits poor people to perform community service in lieu of fines S-2332/A-3526(Turner/ Wisniewski, Quigley, Cohen) - Authorizes payment options for certain motor vehicle fines and fees.
This amended bill would permit the court to waive certain unpaid portions of court-imposed time payment orders for certain defendants and impose other requirements in lieu of the remaining unpaid amount. Specifically, for a defendant who is indigent or is participating in a government-based income maintenance program, the court may waive an unpaid portion, up to $200, of any court-imposed time-payment order, as a result of a conviction for a motor vehicle traffic violation or a parking offense and, in lieu of the remaining unpaid amount, require the defendant to perform community service for a period of time to be determined by the court, or participate in any program authorized by law, or satisfy any other aspect of a sentence imposed. For the purpose of determining indigency to waive the unpaid portion, the guideline for the court is an income up to 250 percent of the federal poverty level. The amended bill excludes persons convicted of driving while intoxicated or refusing to take a breathalyzer test from being eligible for the waiver.
The committee amended the bill to eliminate a provision giving the court the option to suspend or vacate up to one half of the unpaid portion of fines and surcharges (other than for unsafe driving) imposed on a low-income defendant, and to authorize instead the waiver of up to $200 of the remaining unpaid amount. The committee also excluded persons convicted of driving while intoxicated and refusing the breathalyzer test from the bill and established 250 percent of the federal poverty level income as a guideline for indigency. Finally, the committee deleted language which would have permitted the chief administrator to waive the $100 license restoration fee or permit it to be paid in installments.
6. New Law grants the court discretion regarding imposition of penalties for certain drug offenses and to allow "reformative service" to satisfy a portion of such penalties when certain conditions are met. S-2930/A-4570 (Girgenti, Sacco/ Watson Coleman, Fisher)
This bill would grant the court the discretion to lessen the penalties for certain drug offenses and to allow certain defendants to perform "reformative service" in lieu of a portion of such penalties.
Under current law, set forth in N.J.S.2C:35-15, in addition to any other disposition ordered by the court, every person convicted of or adjudicated delinquent for an offense involving a controlled dangerous substance, controlled substance analog, counterfeit substance or drug paraphernalia is assessed a mandatory penalty for each such offense. The penalties are $3,000 in the case of a crime of the first degree; $2,000 in the case of a crime of the second degree; $1,000 in the case of a crime of the third degree; $750 in the case of a crime of the fourth degree, and $500 in the case of a disorderly persons or petty disorderly persons offense. The penalties generally are required to be imposed for each conviction, even if other aspects of the sentence are ordered to be run concurrently. These penalties are informally known as "DEDR" penalties because they are deposited in the "Drug Enforcement and Demand Reduction Fund" ("DEDR"). The funds are appropriated for use in programs to prevent and treat drug and alcohol abuse.
The bill would expand the circumstances under which the court has discretion to allow imposition of a single penalty, instead of multiple penalties. Specifically, the bill would authorize the court to impose the penalty applicable to the highest degree offense for which the person is convicted or adjudicated delinquent under the following circumstances:
(1) the imposition of multiple penalties would constitute a serious hardship that outweighs the need to deter the defendant from future criminal activity; and
(2) the imposition of a single penalty would foster the defendant's rehabilitation.
The bill also provides that, in the alternative, the defendant may propose to the court and the prosecutor a plan to perform "reformative service" in lieu of payment of up to one-half of the DEDR penalty in appropriate cases. The bill provides that "reformative service" includes training, education or work, in which regular attendance and participation is required, supervised, and recorded, and which would assist in the defendant's rehabilitation and reintegration. "Reformative service" includes, but is not limited to, substance abuse treatment or services, other therapeutic treatment, educational or vocational services, employment training or services, family counseling, service to the community and volunteer work.
Under the bill, the court, in its discretion, would determine whether to accept the plan, after considering the position of the prosecutor, the plan's appropriateness and practicality, the defendant's ability to pay and the effect of the proposed service on the defendant's rehabilitation and reintegration into society. The court would determine the amount of the credit that would be applied against the penalty upon successful completion of the service. The credit could not exceed one-half of the penalty amount assessed.
Any reformative service plan ordered under the bill would be in addition to and not in lieu of any community service imposed by the court or otherwise required by law. The bill provides that the court's authority to order a person to participate in any activity, program or treatment in addition to those proposed in a reformative service plan would not be limited.
The defendant would be entitled to the credit against the DEDR penalty when he provides the court with proof of successful completion of the reformative service.
This bill embodies a recommendation of the Governor's Strategy for Safe Streets and Neighborhoods, announced earlier this year.
7. Other New Traffic, Criminal and Civil Laws signed in January:
A-4314/S-2123 w/Statement (Wisniewski, Stack, Vas/ Coniglio) - Establishes pilot program for traffic control signal monitoring system.
This means your child or someone else is driving your car, passes a red light- you get a ticket in the mail and have to go to court
ACS for A-3623/SCS for S-2387 (Watson Coleman, Payne/ Girgenti, Sarlo) - Establishes certificate of rehabilitation for certain persons with criminal records.
The Assembly Law and Public Safety Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 3623. This Assembly Committee substitute for Assembly Bill No. 3623 establishes a program to assist persons with criminal convictions in procuring employment or obtaining professional licenses or certifications under certain circumstances.
Under the substitute, a person with a criminal conviction could apply for a certificate that would relieve disabilities, forfeitures or bars to (1) public employment; (2) qualification for a license or certification to engage in the practice of a profession, occupation or business, except the practice of law; and (3) admission to an examination to qualify for such a license or certification, except for the bar examination, or an examination for a law enforcement, homeland security, or emergency management position.
"Public employment" is defined in the bill as employment by a State, county, or municipal agency. It does not include elected office, or employment in law enforcement, corrections, or the judiciary, or a position related to homeland security or emergency management.
The bill's provisions do not apply to private employers, but these employers may consider such a certificate in making employment decisions.
A-4338/S-65 (Wisniewski, Watson Coleman/ Sacco, Ciesla) - Revises organization and certain functions of Motor Vehicle Commission.
A-4455/SCS for S-2536 (Caraballo, Biondi, Prieto/ Gill) - Provides for licensure of massage and bodywork therapists and registration of their employers.
SCS for S-360/ACS for A-3428/2186 (Adler, Vitale, Bryant/ Conaway, Greenwald, Cohen, Gusciora, Manzo) - Establishes the "New Jersey False Claim Act."
S-1977/A-4304 (Codey, Girgenti, Greenstein, Diegnan, Van Drew) - Creates the "Internet Dating Safety Act," requiring Internet dating services to provide notice whether the service conducts criminal background screenings.
S-1978/A-4096 (Codey, Girgenti/Greenstein, Chivukula, Voss, Manzo, Vas) - Provides for mandatory term of imprisonment for luring and enticing an adult; increases mandatory term for luring and enticing a child.
S-2055/A-3943 (Sweeney, Kavanaugh/ Burzichelli, Scalera) - Increases fees and penalties under the "Explosives Act."
S-2329/A-3235 (Turner/ Prieto, Wisniewski, Voss) - Establishes a public awareness campaign concerning the importance of keeping a current address with MVC.
SCS for S-2431/ACS for A-3035 (Girgenti, Sarlo/Barnes, Johnson, Manzo, Gordon) - Establishes as crime of the second degree unlawful possession of certain handguns.
SCS for S-2480/ACS for A-3975 (Codey/Watson Coleman, Evans) - Requires MVC to provide minor's motor vehicle record to parent or guardian.
S-2932/A-2697 (Girgenti, Sacco/ Cohen) - Establishes the transport of firearms into State for purposes of an unlawful sale or transfer as a crime of the second degree.
S-2934/A-4620 (Turner/Manzo, Johnson) - Requires owner to report loss or theft of firearm to policy within 36 hours.
S-2975/A-4591 (Buono, Weinberg/ Caraballo, Vainieri Huttle, Chivukula, McKeon) - Revises laws concerning hate crimes and bullying; establishes Commission on Bullying in Schools.
A-2158/S-206 (Mayer, McHose, Vas, Van Drew/Allen, Girgenti) - Revises qualifications to carry firearms for certain retired police officers.
A-2224/S-1981 (Van Drew, Giblin, Albano/ Bucco, Girgenti) - Authorizes trained and qualified county corrections to carry a firearm at all times in New Jersey.
A-2379/S-1757 (Caraballo, Munoz, Conaway/ Vitale) - "Access to Medical Research Act"; authorizes certain persons to give informed consent for medical research if subject of research is unable to give consent.
A-2602/S-2470 (Manzo, Johnson, Sires/Turner) - Regulates sale of ammunition.
A-2976/S-3009 (Conners, Chatzidakis, Mayer, Voss/Adler) - Provides mandatory fines and community service for theft of headstones, headstone markers, flags or flag holders from grave sites.
A-3022/S-1923 (Panter, Chivukula/ Karcher, Sarlo) - Prohibits payment of temporary disability benefits when disability is incurred as result of fourth degree crime or gross misconduct.
A-3451/S-2488 (Schaer, Cohen/ Weinberg, Sarlo) - Makes it unlawful to discriminate against employees because of religious practices.
ACS for A-312/2591/S-2736 (Cohen, Vandervalk, Voss, Gordon/ Karcher, Vitale) - Requires hospitals and health care professionals to advise women of option to donate or store umbilical cord blood and placental tissue.
A-868/S-1523 (Stanley, Greenstein, Voss/Turner, Weinberg) - Requires school districts to notify DYFS of certain pupil absences.
A-2667/S-1756 (Manzo, Gusciora, Conaway, Stack/L. Connors, Inverso) - Upgrades penalties for recruiting minors and confined persons to be in criminal street gang.
A-3622/S-2304 (Vas, Chivukula, Van Drew, Wisniewski/T. Kean, Vitale) - Provides certain employment protections for employees on military leave in time of war or emergency.
More new laws at: http://www.nj.gov/governor/news/news/approved/news_archive.html
8. Hon. Emery Z. Toth to speak at DWI Update 2008.
Monday, January 28, 2008
Speaker: Hon. Emery Z. Toth
Judge: Woodbridge, Perth Amboy
Past Chief Judge: Edison, Sayreville, Old Bridge
Also, one of the Counsel on the Chun Alcotest case with provide update on this continuing saga.
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Municipal Court Section meeting
New Jersey State Bar Association
There is no fee for members to attend this meeting. The meeting is also free to individuals who attended the November 19 ICLE program "Handling Drug, DWI & Serious Municipal Court Cases". For more information, contact Program Chair Kenneth Vercammen at 732-572-0500.
Judge Toth is one of the most respected Judges in the State of New Jersey. He was selected by the NJ State Bar Association to lecture at its Annual Meeting several times on current trends in Prosecution of DWI. He received high praise from the Prosecutors, Judges and attorneys in attendance.
He also was invited numerous times to serve on the panel as a faculty member for various seminars. The programs included "Municipal Court- Winning Strategies" and "Handling DWI Cases." These were very good programs and well received by those in attendance. He also addressed a joint meeting of the Middlesex County Municipal Court Prosecutors Association and Bar Association.
Judge Toth is an excellent judge who always treats the police, witnesses and litigants with respect. He was chosen to handle many high profile and complex conflict cases by the Assignment Judge based on his experience. He has served as a Municipal Court Judge for 18 years.
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.
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Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law January 16, 2008
In This Issue
_______________
1. New Law Establishes owners responsibility to provide information relating to certain motor vehicle accidents.
2. New Law Expands scope of implied consent for BAC testing to include certain underage drivers who have consumed alcohol.
3. New Law Authorizes suspension of motor vehicle registration for unpaid parking ticket.
4. New Law provides for more time to pay Surcharges.
5. New Law permits poor people to perform community service in lieu of fines.
6. New Law grants the court discretion regarding imposition of penalties for certain drug offenses and to allow "reformative service" to satisfy a portion of such penalties when certain conditions are met.
7. Other New Traffic, Criminal and Civil Laws signed in January.
8. Hon. Emery Z. Toth to speak at DWI Update 2008.
--------------------------------------------------------------------------------
1. New Law Establishes owners responsibility to provide information relating to certain motor vehicle accidents.
New Law Establishes owners responsibility to provide information relating to certain motor vehicle accidents. S-721/A-2144 (Inverso, Girgenti/ Greenstein)
This bill amends R.S.39:4-129 and R.S.39:4-130 to establish a permissive inference, in cases where a driver fails or refuses to report his involvement in an accident, thatthe registered owner of the vehicle was the person involved in the accident.
Under R.S.39:4-130, drivers are required to report their involvement in any accident resulting in a death, injury or property damage in excess of $500. In certain "hit and run" situations, victims of motor vehicle accidents have been able to identify the vehicle, but not the driver of that vehicle. Since the statutory reporting obligation is on drivers and not owners, there is no mechanism to obtain the identity of the responsible driver, especially if an owner refuses to disclose any information to his insurers or the police. Assigning responsibility to the owner may encourage owners to cooperate in accident investigations.
R.S.39:4-129 provides that the driver of a motor vehicle involved in an accident "shall be presumed to have knowledge that he was involved in such accident, and such presumption shall be rebuttable in nature." This bill amends this section to provide that there shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250 or more to any vehicle or property has knowledge that he was involved in such accident. R.S.39:4-130 is also amended to provide for the permissive inference.
In addition, this bill amends R.S.39:4-129 and R.S.39:4:-130 to provide that in cases where the vehicle is owned by a rental car company or leased, the permissive inference applies to the renter, authorized driver or lessee, not the owner.
The bill would also provide that any person who suppresses, conceals or destroys any evidence relating to a reportable motor vehicle accident or who suppresses the identity of a driver involved in a reportable motor vehicle accident is subject to a fine of not less than $250 or more than $1,000.
The provisions of the bill are consistent with State v. Walten, 241 N.J. Super. 529 (App. Div. 1990), which held that the rebuttable presumption in R.S.39:4-129 offended constitutional principles of due process by improperly shifting the burden to prove knowledge to the defendant, and that a court could afford the statutory presumption no greater weight than that of a permissive inference.
2. New Law Expands scope of implied consent for BAC testing to include certain underage drivers who have consumed alcohol. S-781/A-490 (Madden, Buono/ Bateman).
This bill amends section 2 of P.L.1966, c.142 (C.39:4-50.2), the implied consent statute, to establish that persons under the age of 21 are deemed to have given their consent to a test of their blood alcohol concentration when requested by a police officer who has reasonable grounds to believe they have operated a motor vehicle with a blood alcohol content of 0.01% or more, but less than 0.08%, in violation of section 1 of P.L.1992, c.189 (C.39:4-50.14), the drunk driving statute applicable to underage persons.
The penalties imposed under this bill would be the same as the penalties currently imposed under section 2 of P.L.1981, c.512 (C.39:4-50.4a) for refusal to submit to a blood alcohol concentration test. For a first offense, those penalties include a driver's license suspension of seven months to one year and a fine of $300 to $500.
3. New Law Authorizes suspension of motor vehicle registration for unpaid parking ticket. S-2326/A-3523 (Turner, Rice/ Quigley, Wisniewski, Bodine).
This amended bill would provide a judge and the Motor Vehicle Commission with greater flexibility when dealing with a person who has failed to respond to a failure to appear notice or who has not satisfied outstanding parking fines or penalties. Under current law, a judge or the commission may suspend the person's driver's license. Under the provisions of this bill, a judge or the commission would be permitted to suspend either the person's motor vehicle registration or driver's license. In determining whether to suspend the person's driver's license or the motor vehicle registration, the judge and the commission shall take into consideration the area where the person resides and whether or not the person has access to off-street parking.
This bill was prompted by a recommendation from the Motor Vehicles Affordability and Fairness Task Force.
The committee amended the bill by requiring the judge and the commission to take into consideration the area the person resides in and whether or not the person has access to off-street parking in deciding between suspension of the driver's license or the motor vehicle registration. The committee also made a technical amendment.
4. New Law provides for more time to pay Surcharges S-2331/A-3524 (Turner, Sacco/ Quigley, Wisniewski) - Renames New Jersey Rating Plan and provides for changes in procedures for payment of outstanding surcharges
This bill amends the law creating the New Jersey Merit Rating Plan to change the name of the plan to the Motor Vehicle Violations Surcharge System. The bill further changes the term "plan surcharges" to "surcharges." These changes are intended to make the terminology of the statute establishing the surcharge regime more closely reflective of the character of that regime.
In addition, the bill amends the "Merit Rating Plan" (now the "Surcharge System") to provide that a driver failing to pay a surcharge under the Surcharge System may, by paying at least five percent of each outstanding surcharge assessment owed, remove the driver's suspension for failure to pay. Currently the Motor Vehicle Commission may authorize payment of surcharges on an installment basis for a period not to exceed 12 months for assessments under $2,300, or not exceeding 24 months for assessments of $2,300 or more. The bill provides that the commission may, for good cause, authorize installment payments for a period not exceeding 36 months irrespective of the surcharge assessment. The other permissible installment periods are 12 and 24 months.
The bill further provides that a surcharged driver against whom a certificate of debt has been filed for non-payment of a surcharge shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that his resulted in the suspension, including interests and costs, if any, has been paid to the commission.
5. New Law permits poor people to perform community service in lieu of fines S-2332/A-3526(Turner/ Wisniewski, Quigley, Cohen) - Authorizes payment options for certain motor vehicle fines and fees.
This amended bill would permit the court to waive certain unpaid portions of court-imposed time payment orders for certain defendants and impose other requirements in lieu of the remaining unpaid amount. Specifically, for a defendant who is indigent or is participating in a government-based income maintenance program, the court may waive an unpaid portion, up to $200, of any court-imposed time-payment order, as a result of a conviction for a motor vehicle traffic violation or a parking offense and, in lieu of the remaining unpaid amount, require the defendant to perform community service for a period of time to be determined by the court, or participate in any program authorized by law, or satisfy any other aspect of a sentence imposed. For the purpose of determining indigency to waive the unpaid portion, the guideline for the court is an income up to 250 percent of the federal poverty level. The amended bill excludes persons convicted of driving while intoxicated or refusing to take a breathalyzer test from being eligible for the waiver.
The committee amended the bill to eliminate a provision giving the court the option to suspend or vacate up to one half of the unpaid portion of fines and surcharges (other than for unsafe driving) imposed on a low-income defendant, and to authorize instead the waiver of up to $200 of the remaining unpaid amount. The committee also excluded persons convicted of driving while intoxicated and refusing the breathalyzer test from the bill and established 250 percent of the federal poverty level income as a guideline for indigency. Finally, the committee deleted language which would have permitted the chief administrator to waive the $100 license restoration fee or permit it to be paid in installments.
6. New Law grants the court discretion regarding imposition of penalties for certain drug offenses and to allow "reformative service" to satisfy a portion of such penalties when certain conditions are met. S-2930/A-4570 (Girgenti, Sacco/ Watson Coleman, Fisher)
This bill would grant the court the discretion to lessen the penalties for certain drug offenses and to allow certain defendants to perform "reformative service" in lieu of a portion of such penalties.
Under current law, set forth in N.J.S.2C:35-15, in addition to any other disposition ordered by the court, every person convicted of or adjudicated delinquent for an offense involving a controlled dangerous substance, controlled substance analog, counterfeit substance or drug paraphernalia is assessed a mandatory penalty for each such offense. The penalties are $3,000 in the case of a crime of the first degree; $2,000 in the case of a crime of the second degree; $1,000 in the case of a crime of the third degree; $750 in the case of a crime of the fourth degree, and $500 in the case of a disorderly persons or petty disorderly persons offense. The penalties generally are required to be imposed for each conviction, even if other aspects of the sentence are ordered to be run concurrently. These penalties are informally known as "DEDR" penalties because they are deposited in the "Drug Enforcement and Demand Reduction Fund" ("DEDR"). The funds are appropriated for use in programs to prevent and treat drug and alcohol abuse.
The bill would expand the circumstances under which the court has discretion to allow imposition of a single penalty, instead of multiple penalties. Specifically, the bill would authorize the court to impose the penalty applicable to the highest degree offense for which the person is convicted or adjudicated delinquent under the following circumstances:
(1) the imposition of multiple penalties would constitute a serious hardship that outweighs the need to deter the defendant from future criminal activity; and
(2) the imposition of a single penalty would foster the defendant's rehabilitation.
The bill also provides that, in the alternative, the defendant may propose to the court and the prosecutor a plan to perform "reformative service" in lieu of payment of up to one-half of the DEDR penalty in appropriate cases. The bill provides that "reformative service" includes training, education or work, in which regular attendance and participation is required, supervised, and recorded, and which would assist in the defendant's rehabilitation and reintegration. "Reformative service" includes, but is not limited to, substance abuse treatment or services, other therapeutic treatment, educational or vocational services, employment training or services, family counseling, service to the community and volunteer work.
Under the bill, the court, in its discretion, would determine whether to accept the plan, after considering the position of the prosecutor, the plan's appropriateness and practicality, the defendant's ability to pay and the effect of the proposed service on the defendant's rehabilitation and reintegration into society. The court would determine the amount of the credit that would be applied against the penalty upon successful completion of the service. The credit could not exceed one-half of the penalty amount assessed.
Any reformative service plan ordered under the bill would be in addition to and not in lieu of any community service imposed by the court or otherwise required by law. The bill provides that the court's authority to order a person to participate in any activity, program or treatment in addition to those proposed in a reformative service plan would not be limited.
The defendant would be entitled to the credit against the DEDR penalty when he provides the court with proof of successful completion of the reformative service.
This bill embodies a recommendation of the Governor's Strategy for Safe Streets and Neighborhoods, announced earlier this year.
7. Other New Traffic, Criminal and Civil Laws signed in January:
A-4314/S-2123 w/Statement (Wisniewski, Stack, Vas/ Coniglio) - Establishes pilot program for traffic control signal monitoring system.
This means your child or someone else is driving your car, passes a red light- you get a ticket in the mail and have to go to court
ACS for A-3623/SCS for S-2387 (Watson Coleman, Payne/ Girgenti, Sarlo) - Establishes certificate of rehabilitation for certain persons with criminal records.
The Assembly Law and Public Safety Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 3623. This Assembly Committee substitute for Assembly Bill No. 3623 establishes a program to assist persons with criminal convictions in procuring employment or obtaining professional licenses or certifications under certain circumstances.
Under the substitute, a person with a criminal conviction could apply for a certificate that would relieve disabilities, forfeitures or bars to (1) public employment; (2) qualification for a license or certification to engage in the practice of a profession, occupation or business, except the practice of law; and (3) admission to an examination to qualify for such a license or certification, except for the bar examination, or an examination for a law enforcement, homeland security, or emergency management position.
"Public employment" is defined in the bill as employment by a State, county, or municipal agency. It does not include elected office, or employment in law enforcement, corrections, or the judiciary, or a position related to homeland security or emergency management.
The bill's provisions do not apply to private employers, but these employers may consider such a certificate in making employment decisions.
A-4338/S-65 (Wisniewski, Watson Coleman/ Sacco, Ciesla) - Revises organization and certain functions of Motor Vehicle Commission.
A-4455/SCS for S-2536 (Caraballo, Biondi, Prieto/ Gill) - Provides for licensure of massage and bodywork therapists and registration of their employers.
SCS for S-360/ACS for A-3428/2186 (Adler, Vitale, Bryant/ Conaway, Greenwald, Cohen, Gusciora, Manzo) - Establishes the "New Jersey False Claim Act."
S-1977/A-4304 (Codey, Girgenti, Greenstein, Diegnan, Van Drew) - Creates the "Internet Dating Safety Act," requiring Internet dating services to provide notice whether the service conducts criminal background screenings.
S-1978/A-4096 (Codey, Girgenti/Greenstein, Chivukula, Voss, Manzo, Vas) - Provides for mandatory term of imprisonment for luring and enticing an adult; increases mandatory term for luring and enticing a child.
S-2055/A-3943 (Sweeney, Kavanaugh/ Burzichelli, Scalera) - Increases fees and penalties under the "Explosives Act."
S-2329/A-3235 (Turner/ Prieto, Wisniewski, Voss) - Establishes a public awareness campaign concerning the importance of keeping a current address with MVC.
SCS for S-2431/ACS for A-3035 (Girgenti, Sarlo/Barnes, Johnson, Manzo, Gordon) - Establishes as crime of the second degree unlawful possession of certain handguns.
SCS for S-2480/ACS for A-3975 (Codey/Watson Coleman, Evans) - Requires MVC to provide minor's motor vehicle record to parent or guardian.
S-2932/A-2697 (Girgenti, Sacco/ Cohen) - Establishes the transport of firearms into State for purposes of an unlawful sale or transfer as a crime of the second degree.
S-2934/A-4620 (Turner/Manzo, Johnson) - Requires owner to report loss or theft of firearm to policy within 36 hours.
S-2975/A-4591 (Buono, Weinberg/ Caraballo, Vainieri Huttle, Chivukula, McKeon) - Revises laws concerning hate crimes and bullying; establishes Commission on Bullying in Schools.
A-2158/S-206 (Mayer, McHose, Vas, Van Drew/Allen, Girgenti) - Revises qualifications to carry firearms for certain retired police officers.
A-2224/S-1981 (Van Drew, Giblin, Albano/ Bucco, Girgenti) - Authorizes trained and qualified county corrections to carry a firearm at all times in New Jersey.
A-2379/S-1757 (Caraballo, Munoz, Conaway/ Vitale) - "Access to Medical Research Act"; authorizes certain persons to give informed consent for medical research if subject of research is unable to give consent.
A-2602/S-2470 (Manzo, Johnson, Sires/Turner) - Regulates sale of ammunition.
A-2976/S-3009 (Conners, Chatzidakis, Mayer, Voss/Adler) - Provides mandatory fines and community service for theft of headstones, headstone markers, flags or flag holders from grave sites.
A-3022/S-1923 (Panter, Chivukula/ Karcher, Sarlo) - Prohibits payment of temporary disability benefits when disability is incurred as result of fourth degree crime or gross misconduct.
A-3451/S-2488 (Schaer, Cohen/ Weinberg, Sarlo) - Makes it unlawful to discriminate against employees because of religious practices.
ACS for A-312/2591/S-2736 (Cohen, Vandervalk, Voss, Gordon/ Karcher, Vitale) - Requires hospitals and health care professionals to advise women of option to donate or store umbilical cord blood and placental tissue.
A-868/S-1523 (Stanley, Greenstein, Voss/Turner, Weinberg) - Requires school districts to notify DYFS of certain pupil absences.
A-2667/S-1756 (Manzo, Gusciora, Conaway, Stack/L. Connors, Inverso) - Upgrades penalties for recruiting minors and confined persons to be in criminal street gang.
A-3622/S-2304 (Vas, Chivukula, Van Drew, Wisniewski/T. Kean, Vitale) - Provides certain employment protections for employees on military leave in time of war or emergency.
More new laws at: http://www.nj.gov/governor/news/news/approved/news_archive.html
8. Hon. Emery Z. Toth to speak at DWI Update 2008.
Monday, January 28, 2008
Speaker: Hon. Emery Z. Toth
Judge: Woodbridge, Perth Amboy
Past Chief Judge: Edison, Sayreville, Old Bridge
Also, one of the Counsel on the Chun Alcotest case with provide update on this continuing saga.
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Municipal Court Section meeting
New Jersey State Bar Association
There is no fee for members to attend this meeting. The meeting is also free to individuals who attended the November 19 ICLE program "Handling Drug, DWI & Serious Municipal Court Cases". For more information, contact Program Chair Kenneth Vercammen at 732-572-0500.
Judge Toth is one of the most respected Judges in the State of New Jersey. He was selected by the NJ State Bar Association to lecture at its Annual Meeting several times on current trends in Prosecution of DWI. He received high praise from the Prosecutors, Judges and attorneys in attendance.
He also was invited numerous times to serve on the panel as a faculty member for various seminars. The programs included "Municipal Court- Winning Strategies" and "Handling DWI Cases." These were very good programs and well received by those in attendance. He also addressed a joint meeting of the Middlesex County Municipal Court Prosecutors Association and Bar Association.
Judge Toth is an excellent judge who always treats the police, witnesses and litigants with respect. He was chosen to handle many high profile and complex conflict cases by the Assignment Judge based on his experience. He has served as a Municipal Court Judge for 18 years.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Thursday, January 03, 2008
NJ Laws Email Newsletter E265 - January 3, 2008
NJ Laws Email Newsletter E265
Kenneth Vercammen, Attorney at Law January 3, 2008
In This Issue
_______________
1. Happy New Year!
2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers.
3. New Year's Resolution- Put your estate planning in order.
4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue.
5. Local Ordinance Can Prohibit Rat Balloon.
6. Qualified Disability Trust.
__________________________________________________________________________
Greetings.
1. Happy New Year
I would like to thank my friends for another banner year in 2007. This year was our single best year for referrals. So many of you were kind enough to tell others about our services.
Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients.
Thank you for referring friends and family.
May 2008 bring happiness and good health to you and those you love.
2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers. Sat. Jan. 5, 2008 10:00am
4-6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense of humor is a must.
Wear Yellow. We need 3 volunteers to help set up at 8am and pass out trail running instructions. You can volunteer even if you are not running. Free Yellow T-Shirt and beers for volunteers!
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
PLEASE PASS THIS ALONG TO OTHER RUNNERS.
PLEASE REMIND THEM OF CANNED FOOD DONATIONS TO THE ST. JAMES FOOD BANK.
3. New Year's Resolution - Put your estate planning in order.
You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.
Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue. M.S. v. Millburn Police Department 395 NJ Super. 638 (App. Div. 2007)
The prohibition set by N.J.S.A. 2C:58-3c(8) that a Firearms Purchase Identification card shall not be issued "[t]o any person whose firearm is seized pursuant to the 'Prevention of Domestic Violence Act of 1991'...and whose firearm has not been returned," survives even if, as in the case here, the domestic violence restraining order is vacated.
5. Local Ordinance Can Prohibit Rat Balloon. State v. DeAngelo ___ NJ Super. ___ (App. Div. Decided June 28, 2007) A-4229-05T3.
The focus of this appeal is the enforceability of a municipal ordinance that prevents the display of a large balloon in the shape of a rat during a labor dispute. The court held that the ordinance, which does not affect the parties' rights in the labor dispute, is not preempted by the National Labor Relations, Act (NLRA) 29 U.S.C.A. §151-69, nor does it abridge any party's freedom of expression. The ordinance is not void for vagueness. It is content-neutral and the record does not support a claim that it was selectively inferred.
Judge Sabatino dissents in part. He perceives a lack of content neutrality in the ordinance because it allows balloon grand opening signs.
6. QUALIFIED DISABILITY TRUST
By Thomas D. Begley, Jr., Esquire c (2008)
Introduction
A Qualified Disability Trust is a form of Special Needs Trust that allows the trust to take advantage of a personal exemption for income tax purposes. The trust must meet the requirements set forth in the Internal Revenue Code and the trust must be designed to meet the requirements of 42 U.S.C. §1396p(c)(2)(B)(iv).
A Qualified Disability Trust must be a non-grantor trust.
A Self-Settled Special Needs Trust is always a grantor trust.
A Qualified Disability Trust must be a third party trust.
Qualified Disability Trust Requirements
To satisfy the requirements of the Code a Qualified Disability Trust must be an:
· irrevocable trust
· established "solely for the benefit of"
· an individual under age 65
· who is disabled as defined in the Social Security Act 42 U.S.C. §1382c(a)(3).
The "sole benefit" requirement is met only if no other person or entity can benefit from the transferred resources at the time of the transfer or for the remainder of that person's life. The sole benefit of requirement cannot be met unless the trust is irrevocable.
The disability test is met if the beneficiary is disabled for some portion of the tax year for which the exemption is claimed. However, there must be a determination of disability by SSA.
Personal Exemption
A Qualified Disability Trust is allowed a deduction equal to the personal exemption.
A Qualified Disability Trust is defined as any trust if:
· The trust is a disability trust described in 42 U.S.C. §1396p(c)(2)(B)(iv) discussed above and all of the beneficiaries of the trust as the close of the taxable year are determined by SSA to have been disabled within the meaning of 42 U.S.C. §1382c(e)(3) for some portion of such year.
The trust does not fail to meet the requirement that all beneficiaries must be disabled merely because the corpus of the trust may revert to a person who is not so disabled after the trust ceases to have any beneficiary who is disabled.
Effect of a Qualified Disability Trust
Generally, a trustee must file an income tax return for a trust that has:
· any taxable income for the year;
· gross income of $600 or more; or
· a beneficiary who is a non-resident alien.
A Qualified Disability Trust is granted a personal exemption by the I.R.S. Net income retained by the trust up to the amount of the personal exemption is not taxed. The trust pays income tax on any retained income in excess of the personal exemption amount. The personal exemption amount is determined as follows:
· If the trust is required to or actually distributes all of its income, the personal exemption is $300
· If the trust accumulates income, the personal exemption is $100.
· The Qualified Disability Trust receive a personal exemption in the same amount as an individual. For 2007, that amount is $3,400.10.
The ability of the trust to use the personal exemption is significant because trust marginal income tax bracket rise steeply. For 2007, a trust pays tax at the marginal federal rate of 35% on net income over $10,450.
To the extent that income is distributed from the trust, it is taxable to the beneficiary at the beneficiary's lower income tax rate. A Qualified Disability Trust enables the trust to retain some income and have it offset by the trust personal exemption.
The ability to retain income in the special needs trust makes it an attractive tax advantaged savings vehicle. If the accumulated tax-free income is distributed in the later year, it will be a tax-free principal distribution.
Whether capital gains income is considered income for trust accounting purposes is left to the discretion of the trustee. The only restriction is that the trustee must be consistent from year to year.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law Seminar and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law January 3, 2008
In This Issue
_______________
1. Happy New Year!
2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers.
3. New Year's Resolution- Put your estate planning in order.
4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue.
5. Local Ordinance Can Prohibit Rat Balloon.
6. Qualified Disability Trust.
__________________________________________________________________________
Greetings.
1. Happy New Year
I would like to thank my friends for another banner year in 2007. This year was our single best year for referrals. So many of you were kind enough to tell others about our services.
Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients.
Thank you for referring friends and family.
May 2008 bring happiness and good health to you and those you love.
2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers. Sat. Jan. 5, 2008 10:00am
4-6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense of humor is a must.
Wear Yellow. We need 3 volunteers to help set up at 8am and pass out trail running instructions. You can volunteer even if you are not running. Free Yellow T-Shirt and beers for volunteers!
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
PLEASE PASS THIS ALONG TO OTHER RUNNERS.
PLEASE REMIND THEM OF CANNED FOOD DONATIONS TO THE ST. JAMES FOOD BANK.
3. New Year's Resolution - Put your estate planning in order.
You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.
Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue. M.S. v. Millburn Police Department 395 NJ Super. 638 (App. Div. 2007)
The prohibition set by N.J.S.A. 2C:58-3c(8) that a Firearms Purchase Identification card shall not be issued "[t]o any person whose firearm is seized pursuant to the 'Prevention of Domestic Violence Act of 1991'...and whose firearm has not been returned," survives even if, as in the case here, the domestic violence restraining order is vacated.
5. Local Ordinance Can Prohibit Rat Balloon. State v. DeAngelo ___ NJ Super. ___ (App. Div. Decided June 28, 2007) A-4229-05T3.
The focus of this appeal is the enforceability of a municipal ordinance that prevents the display of a large balloon in the shape of a rat during a labor dispute. The court held that the ordinance, which does not affect the parties' rights in the labor dispute, is not preempted by the National Labor Relations, Act (NLRA) 29 U.S.C.A. §151-69, nor does it abridge any party's freedom of expression. The ordinance is not void for vagueness. It is content-neutral and the record does not support a claim that it was selectively inferred.
Judge Sabatino dissents in part. He perceives a lack of content neutrality in the ordinance because it allows balloon grand opening signs.
6. QUALIFIED DISABILITY TRUST
By Thomas D. Begley, Jr., Esquire c (2008)
Introduction
A Qualified Disability Trust is a form of Special Needs Trust that allows the trust to take advantage of a personal exemption for income tax purposes. The trust must meet the requirements set forth in the Internal Revenue Code and the trust must be designed to meet the requirements of 42 U.S.C. §1396p(c)(2)(B)(iv).
A Qualified Disability Trust must be a non-grantor trust.
A Self-Settled Special Needs Trust is always a grantor trust.
A Qualified Disability Trust must be a third party trust.
Qualified Disability Trust Requirements
To satisfy the requirements of the Code a Qualified Disability Trust must be an:
· irrevocable trust
· established "solely for the benefit of"
· an individual under age 65
· who is disabled as defined in the Social Security Act 42 U.S.C. §1382c(a)(3).
The "sole benefit" requirement is met only if no other person or entity can benefit from the transferred resources at the time of the transfer or for the remainder of that person's life. The sole benefit of requirement cannot be met unless the trust is irrevocable.
The disability test is met if the beneficiary is disabled for some portion of the tax year for which the exemption is claimed. However, there must be a determination of disability by SSA.
Personal Exemption
A Qualified Disability Trust is allowed a deduction equal to the personal exemption.
A Qualified Disability Trust is defined as any trust if:
· The trust is a disability trust described in 42 U.S.C. §1396p(c)(2)(B)(iv) discussed above and all of the beneficiaries of the trust as the close of the taxable year are determined by SSA to have been disabled within the meaning of 42 U.S.C. §1382c(e)(3) for some portion of such year.
The trust does not fail to meet the requirement that all beneficiaries must be disabled merely because the corpus of the trust may revert to a person who is not so disabled after the trust ceases to have any beneficiary who is disabled.
Effect of a Qualified Disability Trust
Generally, a trustee must file an income tax return for a trust that has:
· any taxable income for the year;
· gross income of $600 or more; or
· a beneficiary who is a non-resident alien.
A Qualified Disability Trust is granted a personal exemption by the I.R.S. Net income retained by the trust up to the amount of the personal exemption is not taxed. The trust pays income tax on any retained income in excess of the personal exemption amount. The personal exemption amount is determined as follows:
· If the trust is required to or actually distributes all of its income, the personal exemption is $300
· If the trust accumulates income, the personal exemption is $100.
· The Qualified Disability Trust receive a personal exemption in the same amount as an individual. For 2007, that amount is $3,400.10.
The ability of the trust to use the personal exemption is significant because trust marginal income tax bracket rise steeply. For 2007, a trust pays tax at the marginal federal rate of 35% on net income over $10,450.
To the extent that income is distributed from the trust, it is taxable to the beneficiary at the beneficiary's lower income tax rate. A Qualified Disability Trust enables the trust to retain some income and have it offset by the trust personal exemption.
The ability to retain income in the special needs trust makes it an attractive tax advantaged savings vehicle. If the accumulated tax-free income is distributed in the later year, it will be a tax-free principal distribution.
Whether capital gains income is considered income for trust accounting purposes is left to the discretion of the trustee. The only restriction is that the trustee must be consistent from year to year.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law Seminar and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Thursday, December 20, 2007
NJ Laws Email Newsletter E264 - December 20, 2007
NJ Laws Email Newsletter E264
Kenneth Vercammen, Attorney at Law December 20, 2007
In This Issue
_______________
1. More Holiday cheer at this great site.
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
6. More articles added to website www.njlaws.com
_____________________________________________________________
1. More Holiday cheer at this great site: http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea. State v. Means 191 NJ 670 (2007).
A trial court may not set aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends. State v. Kotsev ___ NJ Super. ___ (App. Div. Decided July 23, 2007) A-3256-05T5.
1. N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.
2. The 1993 statute mandated a third or subsequent offender to serve 180 days incarceration "except that the court may lower such term for each day, not exceeding ninety days, served performing community service." No other options are available.
3. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.
A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone. State v. Laboo ___ NJ Super. ___ (App. Div. Decided August 28, 2007) A-3746-06T5.
Three individual committed a string of armed robberies over the course of a one-hour period, taking items that included two cell phones. Approximately thirty hours after the last robbery, police used a tracking device to track one of the stolen cell phones to a three-family home located in a high crime area. Three officers entered the building and used a handheld tracking device to determine the exact apartment. An officer knocked on the apartment door and announced that he was a police officer. The officer then heard a young female yelling and a man's voice saying "shut up, shut up, 5-0," and scurrying inside the apartment. Without obtaining a warrant, the officers forcibly entered the apartment, wherein they found evidence from the robberies.
The Court reversed the law division's order suppressing the evidence. The search was justified because the exigent circumstances, although police-created, arose as a result of reasonable investigative conduct. The Court held that the police were not required to procure a warrant because a delay presented a real potential danger to the officers and public, under the circumstances.
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as "payment in full."[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, "Medicaid is a payer of last resort." The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital's lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] "By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling..." "Although Medicaid rates are typically lower than a service provider's customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount."
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
1. 42 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2. Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3. Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4. Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5. Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6. Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7. 68 Fed. Reg. 43940 (July 25, 2003).
8. 42 C.F.R. 411.54(c)(2).
9. Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
6. More articles added to website www.njlaws.com
Bail Bonds
Bail rights If Charged With A Criminal Offense
BENT V.TOWNSHIP OF STAFFORD (Public records request needs to be specific)
Birth Injury Cases
Breath machine (Alcotest 7110)
BRESOCNIK v. GALLEGOS (The Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'.)
buda (STATE v. BUDA)
Burglar's Tools 2C:5-5
CDS Public Property 2C:35-7.1
CDS fraud 2C:35-13
Car Accident (What to Do in an Accident)
Car Accident (What to Do in an Accident)2
Careless
Careless Driving Proof
CASINELLI v. MANGLAPUS
Child Abuse
Child Day Care Injuries
Child Support continues after age 18
Chun Facts (Judge King releases findings regarding 7110 Alcotest DWI machine)
Cigarettes (Sale of cigarettes to persons under age 19) 2C:33-13.1
Civil Arbitration
Client Testimonials
Confidential (Attorney- Client Confidential Relationship)
Contempt (Judge cannot hold lawyer in contempt without OSC and hearing.)
Contempt of Domestic Violence Restraining Order 2C:29-9b
Credit Cards 2C:21-6
Criminal Attorney (Fines for Criminal Charges in New Jersey)
Cross Examination
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law December 20, 2007
In This Issue
_______________
1. More Holiday cheer at this great site.
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
6. More articles added to website www.njlaws.com
_____________________________________________________________
1. More Holiday cheer at this great site: http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea. State v. Means 191 NJ 670 (2007).
A trial court may not set aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends. State v. Kotsev ___ NJ Super. ___ (App. Div. Decided July 23, 2007) A-3256-05T5.
1. N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.
2. The 1993 statute mandated a third or subsequent offender to serve 180 days incarceration "except that the court may lower such term for each day, not exceeding ninety days, served performing community service." No other options are available.
3. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.
A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone. State v. Laboo ___ NJ Super. ___ (App. Div. Decided August 28, 2007) A-3746-06T5.
Three individual committed a string of armed robberies over the course of a one-hour period, taking items that included two cell phones. Approximately thirty hours after the last robbery, police used a tracking device to track one of the stolen cell phones to a three-family home located in a high crime area. Three officers entered the building and used a handheld tracking device to determine the exact apartment. An officer knocked on the apartment door and announced that he was a police officer. The officer then heard a young female yelling and a man's voice saying "shut up, shut up, 5-0," and scurrying inside the apartment. Without obtaining a warrant, the officers forcibly entered the apartment, wherein they found evidence from the robberies.
The Court reversed the law division's order suppressing the evidence. The search was justified because the exigent circumstances, although police-created, arose as a result of reasonable investigative conduct. The Court held that the police were not required to procure a warrant because a delay presented a real potential danger to the officers and public, under the circumstances.
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as "payment in full."[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, "Medicaid is a payer of last resort." The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital's lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] "By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling..." "Although Medicaid rates are typically lower than a service provider's customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount."
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
1. 42 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2. Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3. Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4. Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5. Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6. Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7. 68 Fed. Reg. 43940 (July 25, 2003).
8. 42 C.F.R. 411.54(c)(2).
9. Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
6. More articles added to website www.njlaws.com
Bail Bonds
Bail rights If Charged With A Criminal Offense
BENT V.TOWNSHIP OF STAFFORD (Public records request needs to be specific)
Birth Injury Cases
Breath machine (Alcotest 7110)
BRESOCNIK v. GALLEGOS (The Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'.)
buda (STATE v. BUDA)
Burglar's Tools 2C:5-5
CDS Public Property 2C:35-7.1
CDS fraud 2C:35-13
Car Accident (What to Do in an Accident)
Car Accident (What to Do in an Accident)2
Careless
Careless Driving Proof
CASINELLI v. MANGLAPUS
Child Abuse
Child Day Care Injuries
Child Support continues after age 18
Chun Facts (Judge King releases findings regarding 7110 Alcotest DWI machine)
Cigarettes (Sale of cigarettes to persons under age 19) 2C:33-13.1
Civil Arbitration
Client Testimonials
Confidential (Attorney- Client Confidential Relationship)
Contempt (Judge cannot hold lawyer in contempt without OSC and hearing.)
Contempt of Domestic Violence Restraining Order 2C:29-9b
Credit Cards 2C:21-6
Criminal Attorney (Fines for Criminal Charges in New Jersey)
Cross Examination
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, December 12, 2007
NJ Laws Email Newsletter E263 - December 12, 2007
Kenneth Vercammen, Attorney at Law December 12, 2007
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene
3. Santa Claus Welcomes You to Claus.com
4. Holly Jolly Christmas lyrics
5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce
7. Recent articles added to website.
______________________________________________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).
See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm
The Holiday/Christmas time is the Season for giving.
Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:
* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)
Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.
Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.
3. Santa Claus Welcomes You to Claus.com.
CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php
4. Holly Jolly Christmas Lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
5. FREEZING COLD HASH RUN
START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.
POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.
- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English
The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.
FREE BEER FOR WOMEN 21-69
$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Volunteers needed to help set up or point the way- even if you don't plan on running.
Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]
See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm
Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days
Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.
The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala
NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.
As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.
http://www.fennelly.com/
7. Recent articles added to website
http://www.njlaws.com/alphabetical_index.htm
http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene
3. Santa Claus Welcomes You to Claus.com
4. Holly Jolly Christmas lyrics
5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce
7. Recent articles added to website.
______________________________________________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).
See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm
The Holiday/Christmas time is the Season for giving.
Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:
* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)
Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.
Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.
3. Santa Claus Welcomes You to Claus.com.
CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php
4. Holly Jolly Christmas Lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
5. FREEZING COLD HASH RUN
START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.
POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.
- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English
The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.
FREE BEER FOR WOMEN 21-69
$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Volunteers needed to help set up or point the way- even if you don't plan on running.
Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]
See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm
Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days
Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.
The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala
NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.
As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.
http://www.fennelly.com/
7. Recent articles added to website
http://www.njlaws.com/alphabetical_index.htm
http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, December 05, 2007
NJ Laws Email Newsletter E262 - December 5, 2007
NJ Laws Email Newsletter E262
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
_______________
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
_______________
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
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