In This Issue
_______________
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups.
2. Pharmacist could be liable for putting wrong drug in prescription.
3. If property not abandoned, defendant has standing to challenge Search.
4. PTI available if thefts not part of enterprise.
5. More New articles on website www.njlaws.com.
6. This Weekend's Activities.
7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.
8. Welcome Summer 2008 Law Clerks.
--------------------------------------------------------------------------------
Greetings,
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups Sciarrotta v. Global Spectrum (A-28-07).
The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play.
2. Pharmacist could be liable for putting wrong drug in prescription. Bender v. Walgreen Eastern Co., Inc., et al. (A-4664-06T1)
The Court concluded that a claim of professional negligence based on a pharmacist's filling a prescription with a drug not prescribed falls within the "common knowledge" exception to the affidavit of merit statute, which the Supreme Court recognized in Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387 (2001).
3. If property not abandoned, defendant has standing to challenge Search. State v. Johnson 193 NJ 528 (Decided February 26, 2008) A-81-06
Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution.
Although defendants are provided automatic standing when the seized property satisfies an element of the charged offense, if the State can show that the property was abandoned, a defendant will have no right to challenge the search or seizure of the property.
4. PTI available if thefts not part of enterprise. State v. Watkins, III 193 NJ 507 (Decided February 21, 2008) A-118-06
At issue in this appeal is the meaning of Guideline 3(i)(2) of Rule 3:28, which applies a presumption against admission into Pretrial Intervention (PTI) where the criminal conduct is "part of a continuing criminal business or enterprise."
Individuals acting alone in furtherance of their own criminal interests who commit a series of offenses such as thefts or forgeries are not "part of a continuing business or enterprise" because they are not parin concert with others.
5. New Articles on website www.njlaws.com
June 2008
Financial Crimes
Violent Crimes
Late Cancer Diagnosis
Negligent Surgery
Emergency Room Negligence
Falling Merchandise
Scarring
Drowning Injury Claims
Drunk Driver Injuries
Unknown Auto Injuries
Elevator Injury
Escalator Injuries
6. This Weekend's Activities:
Patanella's FLAT as a PANCAKE Sprint Triathlon
Triathlon and Duathlon
6/28/2008 Saturday
Race begins at 8:00am
300 Father Capodanno Blvd,
Staten Island, NY 10306
TRIATHLON
SWIM: 1/4 mile along the shore of the Raritan Bay.
Swimmers will be no more than 25 yds off shore at anytime during swim.
BIKE: Three 4 mile loops on a 3 lane road closed to traffic. Flat. Fast. FUN!!!
RUN: 5K run. 3/4 mile on asphalt, 3/4 mile on stone block, U TURN, 3/4 mile on stone block,3/4 mile on wooden boardwalk. Enjoy a beautiful view of the Raritan Bay the
entire run http://greenbrookracing.com/Pan.html
then jump in your car for
6/28 Annual 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball. Members of Rumson Hash and Jersey Shore Running Club often participate
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
then run to Saturday, June 28 Bar Anticipation
ESPN
Live Broadcast 1 - 4 pm
Subway Series Show with Brandon Tierney and
ESPN Baseball Analyst Steve Phillips plus 1050 Trivia Challenge and Co-ed Volleyball Tournament for Springsteen
Tickets and Other Prizes with $2.50 Coors Light till 8 pm http://www.bar-a.com/events.htm
7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.
Program:
Hot Topics in Municipal Court Practice held at the Trump Taj Mahal Casino Resort
Thursday, May 22 2008
Speakers: Paris P. Eliades, Esq.
Kenneth A. Vercammen, Esq. Edison 2005 NJSBA Municipal Court Attorney of the Year
Could not attend? Need forms?
Send email to Kenvnjlaws@verizon.net and let us know which forms or motions you request. The materials will be sent to you within 5 days, or fax us your email address 732-572-0030 fax
Name ___________________
Email ___________________
02 Lt of rep only.doc
02 DISC.doc
02a DISC to DMV.doc
02d Disc_Complainant.doc
03D Retainer-MUN COURT.doc
04 Hearing notice.doc
100 Cross Exam Q-DWI.doc
AG Guidelines binding.doc
Appeal Fee Bill to Client.doc
atty_guidelines_0505.pdf
Bail reduce Mt.doc
Brief post convict vacate plea.doc
Conditional Discharge Pet Cl.doc
constructive poss.doc
Court cannot handle discovery.doc
Crim interview aba.doc
crim- Specific defenses.doc
Defense Affidavit to Client.doc
DISC to Client from Prosecutor.doc
DUI Motions non disc- jury.doc
DWI- Blood defense brief.doc
DWI- expert letter.doc
DWS Fine reduced parking ticket.doc
Expungement recommend.doc
MIRANDA br.doc
More disc br.doc
Mt for Civil Reservation.doc
Mt forSlap.doc
Mt to be Relieved.doc
Mt- Dismiss No disc mun Pros.doc
Mun Ct Interview.doc
MVC_ DMV - Follow-up Hearing.doc
MVC_ DMV points for Atom.doc
No discovery dismiss Brief.doc
No Show in Court.doc
OBJ TO LAB CERT.doc
OPRA Brief Crim.doc
Order mark try or dismiss.doc
Order to be Relieved.doc
Pros- missing abstract.doc
Refusal Brief wrong statement.doc
Storm Cert priv pros.doc
Sup-Miranda.doc
SUPPRESSION MT.doc
SUPPRESSION BRIEF.doc
Chun discovery brief
www.BeNotGuilty.com
8. Welcome Summer 2008 Law Clerks:
Christina Velazquez - Ava Maria School of Law, Mount Saint Mary Academy Graduate, Assistant Editor of the NJ Municipal Law Review
Mitchell Zuckerman - University of Maryland, J.P. Stevens Graduate, Editor of the Personal Injury Blog
A.C. Ranasinghe - William & Mary, J.P. Stevens Graduate, Editor of the Personal Injury Blog
Michael Samaroo - Loyola College in Maryland, J.P. Stevens Graduate, Editor of the Elder Law Blog
Jasmin A. Eversley- Drexel University Class of 2008, Piscataway H.S. graduate, Public Defender Intern and Editor of the Criminal Law Blog
http://www.njlaws.com/Law_Clerks.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, June 24, 2008
Wednesday, June 11, 2008
NJ Laws Email Newsletter E275 - June 11, 2008
In This Issue
_______________
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
2. No operation in DWI where engine not running
3. Bar can be liable if intoxicated patron injured
4. Jogging Death Leads to $1.1 Million Settlement.
5. New articles on website www.njlaws.com
6. Happy Father's Day
7. Upcoming fun races with beer activity afterwards
8. Sellers Information Sheet in Real Estate Sales
-------------------------------------------------------------------------------
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
State v. Amelion NJ Super. (App. Div. A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17-year-old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five
seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk." Source: NJ Lawyer October 1, 2007.
2. No Operation in DWI where engine not running.
State v Mize Appellate Division, A-2339-06T5, November 20, 2007, not approved for publication. Conviction following a trial de novo of driving while intoxicated reversed; the police had received several phone calls complaining about the operation of a red pickup truck; while on patrol, a police officer observed a red pickup truck parked about 25 yards into the driveway of a private residence; when he approached the truck, the officer found the defendant "slumped over the steering wheel, with his head on the steering wheel"; the truck's interior dome light was on, the keys were in the ignition, but the engine was not running; there was sufficient evidence to support the trial court's conclusion that the defendant was intoxicated; however, the facts did not support a finding beyond a reasonable doubt that the defendant had operated the truck to the location where it had been found or that he had intended to move the truck prospectively. Source: NJ Lawyer November, 2007.
3. Bar can be liable if intoxicated patron injured. Kathleen v. Bauer, et al. v. Nesbitt, III.
03-20-08 A-2343-06T2. In this opinion the NJ Appellate Division discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results. The bar could be held liable for injuries.
4. Jogging Death leads to $1.1. Million Settlement.
The estate of a Tenafly man who was killed while jogging has received a wrongful death settlement of $1.1 million. In May 2006 Bruce Terman was jogging along County Road in Cresskill when he was struck by a car driven by Chandra Meier of Dumont as she was making a left turn. The estate sued for Terman's pain and suffering at the scene under the New Jersey Survivors Act, and under the Wrongful Death Act for his widow's pecuniary loss, including loss of support, spousal services and companionship.
SOURCE: The New Jersey Lawyer Inc DAILY BRIEFING Tuesday, May 20, 2008
5. New Articles on website www.njlaws.com
June 2008
Removal of a Personal Representative
Disclaimer by a Beneficiary
Notice of Probate
Gun Possession Charges
Battery
Loss of Limbs
Business Litigation
Revoked List
6. Happy Father's Day
We celebrate Father's Day on June 15th, and in every father's honor, I'd like to pass on a short three minute movie I received titled: "To A Child Love Is Spelled T-I-M-E."
So sit back, turn up your speakers and click on the link below. And please share it with friends, family members and co-workers. They'll love you for doing it!
Click here to Watch the Movie
7. Upcoming fun races with beer activity afterwards.
6/16 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (USATF-700pts) Free beer, big post race party
6/22 Pine Beach 5K Pine Beach [near Toms River] Sunday Very well run shore area event. USTAF masters championship When you register, write down under the team category- "RVRR Ken V."
6/28 Rumson 10 mile, 10 bar Long Branch to Belmar.
This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
8. Sellers Information Sheet in Real Estate Sales
1. SELLERS NAME: (as it appears on deed)
____________________________________
2. Phone Number(cell)_______________________(W)__________________
3. Your fax #______________.
Home phone _______________________
4. Email Address _________________________
5. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: ___________________________________
6. Present Mortgage Company: _____________________________
Address: ________________________
Loan No. ________________________
800 Telephone No. ____________________
(Provide copy of payoff amount)
7. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: ________________________
Address____________________
Loan No. ___________________
800 Telephone No. _________________
(You need to obtain written copy of payoff amount from bank, verbal will not be sufficient)
8. Is any Seller age 62 or over? If so, name and date of birth: _________
9. Social Security Number _____-_____-_____.
10. Name, Address, Telephone number of Condominium Association, if any
_____________________________________________________
11. Type of Fuel: Gas ___________________ Oil __________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
12. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
13. Address After Property Sale: _________________________
Purchase price $ ____________ Buyer/s name __________________
Mortgage amount $ ________ Mortgage Contingency Date __________.
Seller/s repair amount $ ________________. Proposed closing date ______
Article Headline
Know your target audience. Who are your most important customers, clients or prospects, and why? Know what is important to them and address their needs in your newsletter each month. Include a photo to make your newsletter even more appealing. Drive traffic to your website by entering teaser text for the article with a link to your website for readers to view the full text.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
2. No operation in DWI where engine not running
3. Bar can be liable if intoxicated patron injured
4. Jogging Death Leads to $1.1 Million Settlement.
5. New articles on website www.njlaws.com
6. Happy Father's Day
7. Upcoming fun races with beer activity afterwards
8. Sellers Information Sheet in Real Estate Sales
-------------------------------------------------------------------------------
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
State v. Amelion NJ Super. (App. Div. A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17-year-old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five
seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk." Source: NJ Lawyer October 1, 2007.
2. No Operation in DWI where engine not running.
State v Mize Appellate Division, A-2339-06T5, November 20, 2007, not approved for publication. Conviction following a trial de novo of driving while intoxicated reversed; the police had received several phone calls complaining about the operation of a red pickup truck; while on patrol, a police officer observed a red pickup truck parked about 25 yards into the driveway of a private residence; when he approached the truck, the officer found the defendant "slumped over the steering wheel, with his head on the steering wheel"; the truck's interior dome light was on, the keys were in the ignition, but the engine was not running; there was sufficient evidence to support the trial court's conclusion that the defendant was intoxicated; however, the facts did not support a finding beyond a reasonable doubt that the defendant had operated the truck to the location where it had been found or that he had intended to move the truck prospectively. Source: NJ Lawyer November, 2007.
3. Bar can be liable if intoxicated patron injured. Kathleen v. Bauer, et al. v. Nesbitt, III.
03-20-08 A-2343-06T2. In this opinion the NJ Appellate Division discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results. The bar could be held liable for injuries.
4. Jogging Death leads to $1.1. Million Settlement.
The estate of a Tenafly man who was killed while jogging has received a wrongful death settlement of $1.1 million. In May 2006 Bruce Terman was jogging along County Road in Cresskill when he was struck by a car driven by Chandra Meier of Dumont as she was making a left turn. The estate sued for Terman's pain and suffering at the scene under the New Jersey Survivors Act, and under the Wrongful Death Act for his widow's pecuniary loss, including loss of support, spousal services and companionship.
SOURCE: The New Jersey Lawyer Inc DAILY BRIEFING Tuesday, May 20, 2008
5. New Articles on website www.njlaws.com
June 2008
Removal of a Personal Representative
Disclaimer by a Beneficiary
Notice of Probate
Gun Possession Charges
Battery
Loss of Limbs
Business Litigation
Revoked List
6. Happy Father's Day
We celebrate Father's Day on June 15th, and in every father's honor, I'd like to pass on a short three minute movie I received titled: "To A Child Love Is Spelled T-I-M-E."
So sit back, turn up your speakers and click on the link below. And please share it with friends, family members and co-workers. They'll love you for doing it!
Click here to Watch the Movie
7. Upcoming fun races with beer activity afterwards.
6/16 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (USATF-700pts) Free beer, big post race party
6/22 Pine Beach 5K Pine Beach [near Toms River] Sunday Very well run shore area event. USTAF masters championship When you register, write down under the team category- "RVRR Ken V."
6/28 Rumson 10 mile, 10 bar Long Branch to Belmar.
This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
8. Sellers Information Sheet in Real Estate Sales
1. SELLERS NAME: (as it appears on deed)
____________________________________
2. Phone Number(cell)_______________________(W)__________________
3. Your fax #______________.
Home phone _______________________
4. Email Address _________________________
5. Real Estate being Sold:
Lot No. _________ Block No. __________
Address: ___________________________________
6. Present Mortgage Company: _____________________________
Address: ________________________
Loan No. ________________________
800 Telephone No. ____________________
(Provide copy of payoff amount)
7. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: ________________________
Address____________________
Loan No. ___________________
800 Telephone No. _________________
(You need to obtain written copy of payoff amount from bank, verbal will not be sufficient)
8. Is any Seller age 62 or over? If so, name and date of birth: _________
9. Social Security Number _____-_____-_____.
10. Name, Address, Telephone number of Condominium Association, if any
_____________________________________________________
11. Type of Fuel: Gas ___________________ Oil __________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
12. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
13. Address After Property Sale: _________________________
Purchase price $ ____________ Buyer/s name __________________
Mortgage amount $ ________ Mortgage Contingency Date __________.
Seller/s repair amount $ ________________. Proposed closing date ______
Article Headline
Know your target audience. Who are your most important customers, clients or prospects, and why? Know what is important to them and address their needs in your newsletter each month. Include a photo to make your newsletter even more appealing. Drive traffic to your website by entering teaser text for the article with a link to your website for readers to view the full text.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, May 20, 2008
NJ Laws Email Newsletter E274 - May 20, 2008
In This Issue
_______________
1. Memorial Day Remembrance
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com)
3. Will Appointments (New article on website www.njlaws.com)
4. Two step police interrogation invalid., State v. O'Neill (Recent case)
5. No trial without defendant unless defendant willfully absent., State v. Luna (Recent case)
6. Can't Be Convicted of "Attempt" to Commit a DP., State v. McGrath
7. This week's events
--------------------------------------------------------------------------------
1. Memorial Day Remembrance.
This week has been designated as Armed Forces week. Every American should pause for a moment and say a prayer for those brave men and women who are serving in our armed forces. Whether they are on the battlefield, or serving stateside, they are protecting the freedoms we hold so dear. Whether they are active, reserve or National Guard, they deserve our respect. Regardless of our own personal opinions on various policies and conflicts, we need to stand together and in one united voice say "THANK YOU."
This brings us to the final holiday in May. Memorial Day is an occasion where we once again honor our military, but in a different light. We pause on this day to remember those soldiers who paid the ultimate price for our freedom. I sincerely hope every person finds some way to participate in the Memorial Day ceremonies in their own communities.
The Edison Memorial Day Parade is Sunday.
The Metuchen Memorial Day Parade is Monday, starting on Main Street in Metuchen.
http://www.njlaws.com/GeneralWondrack.htm
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com).
New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.
More info at http://www.njlaws.com/fro.htm
3. Will Appointments (New article on website www.njlaws.com).
Please call our office during business hours to make an appointment for a confidential appointment.
To help provide better service and answer your questions, please fill out our Confidential Will Questionnaire on
http://www.njlaws.com/will_Questionnaire.htm
You may want to fax or mail the interview sheet to our office prior to the appointment.
You should bring to the appointment:
1. The completed Will Questionnaire Sheet
2. Your questions written out.
3. All papers you have in connection with your Will. (Prior Wills, Living Wills, Powers of Attorney, etc.)
4. If available, you may want to bring:
Deed to Real Estate, Copy of Real Estate Tax Bills, Health Insurance Policy, Existing Nursing Home Contract (if any), Existing Life Insurance Policies, Life insurance paperwork indicating the face value, death benefit, and cash value with respect to the policy, Copies of all current bank statements, Copies of all Series E or EE bonds, Most current statement from Stockbroker, Most current Mutual Fund statements, Most current statement for IRA account, Most current statement of Qualified Retirement Account (Non-IRA), Complete copies of any Annuities, Copies of any Notes or Mortgages Receivable by you.
The scope of the services we anticipate performing for you are as follows:
1. Will review and update, if appropriate.
2. Living Will review and update, if appropriate.
3. General Durable Power of Attorney review and update, if appropriate.
At our initial meeting, we will discuss the matter, and provide a written retainer statement. I will quote you a fixed fee for the projected legal work. This way you will know at the beginning what your costs will be. Clients can now pay fees by check, Visa, MasterCard, American Express, Discover, cash or money order. Once retained, we will represent your interest vigorously.
As you might imagine, we have many requests for appointments and our schedule is very full. Therefore, we ask that you make every effort to keep your appointment. If, for some reason, you are unable to do so, please notify us at least 48 hours in advance by calling 732-572-0500.
More information at
http://www.njlaws.com/will_Questionnaire.htm
4. Two step police interrogation invalid., State v. O'Neill __ NJ __ NJ Supreme Court (A-79-06) 12-20-07(Recent case).
As a matter of state law, when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination.
5. No trial without defendant unless defendant willfully absent State v. Luna __ NJ __ NJ Supreme Court (A-68-06) 12-19-07 (Recent Case).
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
6. Can't Be Convicted of "Attempt" to Commit a DP. State v. McGrath NJ Super. (App. Div. Decided August 3, 2007) A-3297-05T1. Not Approved For Publication.
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
7. This Week's Events:
Friday, May 23 Join Ken V and friends for the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns The Official start of summer! Call Ken V if attending 732-572-0500
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake Spring Lake NJ followed by volleyball at Bar A. Free food and discount drinks. Thank you Bar A.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Memorial Day Remembrance
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com)
3. Will Appointments (New article on website www.njlaws.com)
4. Two step police interrogation invalid., State v. O'Neill (Recent case)
5. No trial without defendant unless defendant willfully absent., State v. Luna (Recent case)
6. Can't Be Convicted of "Attempt" to Commit a DP., State v. McGrath
7. This week's events
--------------------------------------------------------------------------------
1. Memorial Day Remembrance.
This week has been designated as Armed Forces week. Every American should pause for a moment and say a prayer for those brave men and women who are serving in our armed forces. Whether they are on the battlefield, or serving stateside, they are protecting the freedoms we hold so dear. Whether they are active, reserve or National Guard, they deserve our respect. Regardless of our own personal opinions on various policies and conflicts, we need to stand together and in one united voice say "THANK YOU."
This brings us to the final holiday in May. Memorial Day is an occasion where we once again honor our military, but in a different light. We pause on this day to remember those soldiers who paid the ultimate price for our freedom. I sincerely hope every person finds some way to participate in the Memorial Day ceremonies in their own communities.
The Edison Memorial Day Parade is Sunday.
The Metuchen Memorial Day Parade is Monday, starting on Main Street in Metuchen.
http://www.njlaws.com/GeneralWondrack.htm
2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com).
New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.
More info at http://www.njlaws.com/fro.htm
3. Will Appointments (New article on website www.njlaws.com).
Please call our office during business hours to make an appointment for a confidential appointment.
To help provide better service and answer your questions, please fill out our Confidential Will Questionnaire on
http://www.njlaws.com/will_Questionnaire.htm
You may want to fax or mail the interview sheet to our office prior to the appointment.
You should bring to the appointment:
1. The completed Will Questionnaire Sheet
2. Your questions written out.
3. All papers you have in connection with your Will. (Prior Wills, Living Wills, Powers of Attorney, etc.)
4. If available, you may want to bring:
Deed to Real Estate, Copy of Real Estate Tax Bills, Health Insurance Policy, Existing Nursing Home Contract (if any), Existing Life Insurance Policies, Life insurance paperwork indicating the face value, death benefit, and cash value with respect to the policy, Copies of all current bank statements, Copies of all Series E or EE bonds, Most current statement from Stockbroker, Most current Mutual Fund statements, Most current statement for IRA account, Most current statement of Qualified Retirement Account (Non-IRA), Complete copies of any Annuities, Copies of any Notes or Mortgages Receivable by you.
The scope of the services we anticipate performing for you are as follows:
1. Will review and update, if appropriate.
2. Living Will review and update, if appropriate.
3. General Durable Power of Attorney review and update, if appropriate.
At our initial meeting, we will discuss the matter, and provide a written retainer statement. I will quote you a fixed fee for the projected legal work. This way you will know at the beginning what your costs will be. Clients can now pay fees by check, Visa, MasterCard, American Express, Discover, cash or money order. Once retained, we will represent your interest vigorously.
As you might imagine, we have many requests for appointments and our schedule is very full. Therefore, we ask that you make every effort to keep your appointment. If, for some reason, you are unable to do so, please notify us at least 48 hours in advance by calling 732-572-0500.
More information at
http://www.njlaws.com/will_Questionnaire.htm
4. Two step police interrogation invalid., State v. O'Neill __ NJ __ NJ Supreme Court (A-79-06) 12-20-07(Recent case).
As a matter of state law, when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination.
5. No trial without defendant unless defendant willfully absent State v. Luna __ NJ __ NJ Supreme Court (A-68-06) 12-19-07 (Recent Case).
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
6. Can't Be Convicted of "Attempt" to Commit a DP. State v. McGrath NJ Super. (App. Div. Decided August 3, 2007) A-3297-05T1. Not Approved For Publication.
It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
7. This Week's Events:
Friday, May 23 Join Ken V and friends for the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns The Official start of summer! Call Ken V if attending 732-572-0500
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake Spring Lake NJ followed by volleyball at Bar A. Free food and discount drinks. Thank you Bar A.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Monday, May 12, 2008
NJ Laws Email Newsletter E273 - May 9, 2008
NJ Laws Email Newsletter E273 - May 9, 2008
In This Issue
_______________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
___________________________________________________________________________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
In This Issue
_______________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007)
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007)
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5
4. NJSBA Annual Meeting and Convention
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun
6. New Articles on Website
___________________________________________________________________________
1. Certain tenants can be evicted when household member charged with drug crime: Long Branch Housing Authority vs. Villano 396 NJ Super. 185 (App. Div. 2007).
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
2. Even closed museum considered public building under 500 feet drug law: State v. Chambers 396 NJ Super. 259 (App. Div. 2007).
Under N.J.S.A. 2C:35-7.1, the crime of possession of a CDS with the intent to distribute is elevated from a third-degree crime to a second-degree crime if the offense is committed within 500 feet of a public building. In this opinion, the court concluded that a museum qualifies as a public building even if it does not maintain regular hours and is only open to the public upon request.
3. Noise ordinance not preempted by state law: State v Krause ___ NJ Super. ___ (App. Div. decided 12-17-07) A-3737-06T5.
Based on defendant's failure to meet his burden of proving facts that would establish that the Hackettstown noise ordinance was preempted by the Noise Control Act of 1971, N.J.S.A. 13:1G-1 to -23, the ordinance was held valid and the conviction affirmed. However, the opinion noted that local noise ordinances may require DEP approval to be enforceable at least with respect to certain facilities, such as commercial and industrial sites. Note- Lexis reports this opinion was withdrawn from at request of Court.
4. NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (8 - 9:30 a.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
5. May 17 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ - Run & fun.
Includes great hash, multiple beer checks, lunch, music. Saturday 8 to 11 register at the Windjammer Motor Inn - located in Seaside Park, NJ. 11 AM : Gather for Hash run at The Windjammer. Bus takes runners to Cattus Island Park 11:30 AM Start The CoMotion! Hash run
Continuous flow of assorted premium draft beer throughout the weekend, featuring Shipyard Ale, Linnekugel, Anchor Steam, Long Trail Ale, Hacker Pschorr, Paulaner, Warsteiner. Bag vehicle provided. Bring dry shoes and a change of clothes.
http://groups.msn.com/RumsonHash/upcomingevents.msnw
http://flash9124.googlepages.com/home
Ken V plans to run the 11:30 event, then return back to Middlesex County. Call Ken V to car pool. Ken pays up to $40.00 for gas. Call Ken V 732-572-0500
Friday, May 23 Join Ken V and friends the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns. The Official start of summer!
May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake, NJ followed by volleyball at Bar A.
6. New articles on website njlaws.com
Nuts & Bolts of Elder Law - April 22, 2008- Book & CD available
Books and CD's Available co-written by Kenneth Vercammen
Municipal Court Law: Update 2008
Criminal Arrest Defense
Contested Probate Interview Form
Inheritance Estate Interview Form
Will Contest Interview Form
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, April 22, 2008
NJ Laws Email Newsletter E272 -April 22, 2008
In This Issue
_______________
1. Confidential Will Questionnaire.
2. Recent cases: Professional Hockey Arena not liable to spectator who is hit in head with puck. Sciarrotta v. Global Spectrum, 4-10-08 (A-28-07).
3. Criminal Bias defined by Law Against Discrimination standard, not dictionary definition State v. Dixon 396 NJ Super. 329 (App. Div. 2007).
4. Statutes must be strictly construed. State v. Moon 396 NJ Super. 109 (App. Div. 2007).
5. Certain tenants can be evicted when household member charged with drug crime.
__________________________________________________________________________
Greetings,
1. Confidential Will Questionnaire.
Many Americans spend more time planning their next vacation than planning their entire future. Prepare for the legal issues that may arise for you and your family in your senior years or in death. To have a Will or Power of Attorney prepared, please fill out the following information completely and fax or mail back. Perhaps you have a parent, friend or neighbor that has been putting off doing their Will. Give them this Will Questionnaire to get started on their Estate Planning!
This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to meeting with the attorney. Fees for preparation of Wills, Durable Power of Attorney and Living Will are discussed with clients at initial consult. Please be sure to check all appropriate boxes. If "NONE", please state "NONE". If "NOT APPLICABLE", please state "N/A".
"CONFIDENTIAL WILL QUESTIONNAIRE"
Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE".
If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:
_____________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:
_____________________________________________
First Last
3. Your Street Address: _____________________________________________
City ____________________ State ____ Zip Code ______________
4. Telephone Numbers:
Cell: ________________________________________
Day: ____________________/Night: ________________________
5. E-mail address: _____________________________________________
6. Referred By: _________________________ 7. Today's Date ____________
If referred by a person, is this a client or attorney? _____________________________________________
We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________
We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____
How can we help you? What are your questions/other important info?
____________________________________________
____________________________________________
____________________________________________
[It is required by New Jersey Court Rules that all pages be filled out prior to seeing the attorney]
8. Your Sex: [ ] Male [ ] Female
9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed
10. Your Date of Birth: ___________________ SS # __________________
Month Day Year
11. Spouse Date of Birth: _________________ SS # __________________
Month Day Year
12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]
2. ESTATE EXECUTOR
The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative:
Name:
_________________________________________
First Last
Relationship: _______________ Address: ____________________
2. SECOND Choice of Executor:
This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.
Full Name:
___________________________________________
First Last
Relationship: _______________ Address: ____________________
The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
Asset Information- Must Be Completed - If none, write "none"
House/Real Estate Address
____________________________________________
____________________________________________
Estimate Total Real Estate Value: _____________ Approx mortgage ________________
Bank Accounts, Stocks, CDs and Assets:
____________________________________________
Approximate Amount
____________________________________________
____________________________________________
Beneficiaries of Bank Accounts (if none write "none") ______________________________
Other Major Assets (if none, write "none"): _______________________________________
Approximate Life Insurance: _________________ Beneficiary ____________________
In the Will- Who do you want to get your assets:
Beneficiary (1) _______________________ Relationship _______________
Beneficiary (2) _______________________ Relationship _______________
Beneficiary (3) _______________________ Relationship _______________
It is required by New Jersey Court Rules that assets and beneficiaries be filled out prior to seeing the attorney
Any Specific Bequests of Money and Property:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
Generally most married people provide that, upon their death, property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).
Names of Children: ______________________________ Age: ______
______________________________ Age: ______
______________________________ Age: ______
LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no minor children, skip page 4.
III. GUARDIAN(S) OF MINOR CHILD(REN)
[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):
1. PRIMARY Choice of GUARDIAN / TRUSTEE:
Full Name:
____________________________________________
Relationship:
____________________________________________
2. SECOND Choice of GUARDIAN / TRUSTEE:
Full Name:
____________________________________________
Relationship:
____________________________________________
Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
____________________________________________
[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com
[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares
[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.
PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
ESTATE PLANNING
Your estate may be subject to Federal Estate Taxation if the total of your assets exceeds $2,000,000. If your assets exceed $2,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Tax Planning or Medicaid Planning.
WILLS:
T 1- Parents with minor children and trust for children ____________
T 2- Parents no spouse ____________
T 3- Unmarried ____________
T 4- Parents without trust ____________
T 5- Unified Credit Trust over $1 million? ____________
PAYMENT WILL BE MADE BY: (Please circle one)
Check, Credit Card (Visa, MasterCard, American Express) or Cash
Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged.
This form was filled out by:
_________________________________________
sign name
2. Recent cases: Professional Hockey Arena not liable to spectator who is hit in head with puck. Sciarrotta v. Global Spectrum, 4-10-08 (A-28-07).
The Supreme Court held: "The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play."
3. Criminal Bias defined by Law Against Discrimination standard, not dictionary definition State v. Dixon 396 NJ Super. 329 (App. Div. 2007).
For purposes of the bias intimidation statute, N.J.S.A. 2C:16-1, the term "handicap" should be defined with reference to the Law Against Discrimination, N.J.S.A. 10:5-5q, rather than by using a dictionary definition of the term.
4. Statutes must be strictly construed. State v. Moon 396 NJ Super. 109 (App. Div. 2007).
This case required the court to consider the elements of endangering an injured victim, N.J.S.A. 2C:12-1.2b(2). The court concludes that the endangering crime does not apply to a person who abandons a corpse.
5. Certain tenants can be evicted when household member charged with drug crime.
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com, or log on to:
http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW
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
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Confidential Will Questionnaire.
2. Recent cases: Professional Hockey Arena not liable to spectator who is hit in head with puck. Sciarrotta v. Global Spectrum, 4-10-08 (A-28-07).
3. Criminal Bias defined by Law Against Discrimination standard, not dictionary definition State v. Dixon 396 NJ Super. 329 (App. Div. 2007).
4. Statutes must be strictly construed. State v. Moon 396 NJ Super. 109 (App. Div. 2007).
5. Certain tenants can be evicted when household member charged with drug crime.
__________________________________________________________________________
Greetings,
1. Confidential Will Questionnaire.
Many Americans spend more time planning their next vacation than planning their entire future. Prepare for the legal issues that may arise for you and your family in your senior years or in death. To have a Will or Power of Attorney prepared, please fill out the following information completely and fax or mail back. Perhaps you have a parent, friend or neighbor that has been putting off doing their Will. Give them this Will Questionnaire to get started on their Estate Planning!
This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to meeting with the attorney. Fees for preparation of Wills, Durable Power of Attorney and Living Will are discussed with clients at initial consult. Please be sure to check all appropriate boxes. If "NONE", please state "NONE". If "NOT APPLICABLE", please state "N/A".
"CONFIDENTIAL WILL QUESTIONNAIRE"
Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE".
If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:
_____________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:
_____________________________________________
First Last
3. Your Street Address: _____________________________________________
City ____________________ State ____ Zip Code ______________
4. Telephone Numbers:
Cell: ________________________________________
Day: ____________________/Night: ________________________
5. E-mail address: _____________________________________________
6. Referred By: _________________________ 7. Today's Date ____________
If referred by a person, is this a client or attorney? _____________________________________________
We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________
We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No _____
How can we help you? What are your questions/other important info?
____________________________________________
____________________________________________
____________________________________________
[It is required by New Jersey Court Rules that all pages be filled out prior to seeing the attorney]
8. Your Sex: [ ] Male [ ] Female
9. Your Marital Status: [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed
10. Your Date of Birth: ___________________ SS # __________________
Month Day Year
11. Spouse Date of Birth: _________________ SS # __________________
Month Day Year
12. If you are the parent or legal guardian of a minor child or minor children, please check here. [ ]
2. ESTATE EXECUTOR
The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Executor, followed by the child who lives closest to your home.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Executor/Personal Representative:
Name:
_________________________________________
First Last
Relationship: _______________ Address: ____________________
2. SECOND Choice of Executor:
This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.
Full Name:
___________________________________________
First Last
Relationship: _______________ Address: ____________________
The two proposed Executors must be filled out prior to meeting the attorney. We do not recommend Joint Executors, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
Asset Information- Must Be Completed - If none, write "none"
House/Real Estate Address
____________________________________________
____________________________________________
Estimate Total Real Estate Value: _____________ Approx mortgage ________________
Bank Accounts, Stocks, CDs and Assets:
____________________________________________
Approximate Amount
____________________________________________
____________________________________________
Beneficiaries of Bank Accounts (if none write "none") ______________________________
Other Major Assets (if none, write "none"): _______________________________________
Approximate Life Insurance: _________________ Beneficiary ____________________
In the Will- Who do you want to get your assets:
Beneficiary (1) _______________________ Relationship _______________
Beneficiary (2) _______________________ Relationship _______________
Beneficiary (3) _______________________ Relationship _______________
It is required by New Jersey Court Rules that assets and beneficiaries be filled out prior to seeing the attorney
Any Specific Bequests of Money and Property:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
[ ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).
Generally most married people provide that, upon their death, property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.
2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).
Names of Children: ______________________________ Age: ______
______________________________ Age: ______
______________________________ Age: ______
LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, WRITE NONE. If no minor children, skip page 4.
III. GUARDIAN(S) OF MINOR CHILD(REN)
[Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a Trust]
The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Guardian will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children.
Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s). In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):
1. PRIMARY Choice of GUARDIAN / TRUSTEE:
Full Name:
____________________________________________
Relationship:
____________________________________________
2. SECOND Choice of GUARDIAN / TRUSTEE:
Full Name:
____________________________________________
Relationship:
____________________________________________
Are there any beneficiaries with special needs, or receiving SSI or SDD? Please answer in detail
____________________________________________
[ ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).
Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:
1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but
2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.
3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.
Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.
Additional information on Wills, Probate and Elder Law available at www.njlaws.com
[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows: 1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).
2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares
[ ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form. There are additional Will preparation fees if there are gifts, called specific bequests.
PLEASE WRITE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
ESTATE PLANNING
Your estate may be subject to Federal Estate Taxation if the total of your assets exceeds $2,000,000. If your assets exceed $2,000,000 and you desire estate planning to avoid or reduce your estate tax or require a Trust to protect a spouse, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Tax Planning or Medicaid Planning.
WILLS:
T 1- Parents with minor children and trust for children ____________
T 2- Parents no spouse ____________
T 3- Unmarried ____________
T 4- Parents without trust ____________
T 5- Unified Credit Trust over $1 million? ____________
PAYMENT WILL BE MADE BY: (Please circle one)
Check, Credit Card (Visa, MasterCard, American Express) or Cash
Payment is required for Will, Power of Attorney and other document preparation at the first consult and prior to any documents being drafted. We charge a $150.00 consultation fee, which is credited to the preparation of the Will or other document. This $150.00 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial consult or an additional fee of $100.00 will be charged.
This form was filled out by:
_________________________________________
sign name
2. Recent cases: Professional Hockey Arena not liable to spectator who is hit in head with puck. Sciarrotta v. Global Spectrum, 4-10-08 (A-28-07).
The Supreme Court held: "The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play."
3. Criminal Bias defined by Law Against Discrimination standard, not dictionary definition State v. Dixon 396 NJ Super. 329 (App. Div. 2007).
For purposes of the bias intimidation statute, N.J.S.A. 2C:16-1, the term "handicap" should be defined with reference to the Law Against Discrimination, N.J.S.A. 10:5-5q, rather than by using a dictionary definition of the term.
4. Statutes must be strictly construed. State v. Moon 396 NJ Super. 109 (App. Div. 2007).
This case required the court to consider the elements of endangering an injured victim, N.J.S.A. 2C:12-1.2b(2). The court concludes that the endangering crime does not apply to a person who abandons a corpse.
5. Certain tenants can be evicted when household member charged with drug crime.
A tenant in public housing that is under the control of a public housing agency may be removed from the leased premises pursuant to N.J.S.A. 2A:18-61.1e(2) when the tenant substantially violates a covenant or agreement pertaining to illegal uses of controlled dangerous substances, provided the covenant or agreement conforms to applicable federal guidelines. Moreover, federal law permits a tenant to be evicted from public housing when a member of the household or guest engages in drug- related criminal activity in the leased premises, regardless of whether the tenant knew or should have known of the illegal activity.
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com, or log on to:
http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW
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
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Monday, April 07, 2008
NJ Laws Email Newsletter E271 - April 7, 2008
NJ Laws Email Newsletter E271
April 7, 2008
In This Issue
_______________
1. Car Insurance coverage liberally applied to victim of shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences.
3. Contractors Must Register With Consumer Affairs.
4. Police May need to give 2nd Miranda Warnings.
5. Upcoming Charity Running Events.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer.
_______________________________________________________________
1. Car Insurance coverage liberally applied to victim of shooting Livsey v. Mercury Insurance Group 396 NJ Super. 373 (App. Div. 2007).
Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences. State v. J.J. ___ NJ Super. ___ (Decided December 11, 2007) A-2777-05T5.
When, as part of a guilty plea, defendant is subject to community supervision under Megan's Law, the court must ensure that defendant understands the particular consequences of such supervision. In this case, defendant was not informed that Megan's Law would prevent him from living with his new wife and her child. Therefore, defendant should have been allowed to withdraw his guilty plea and proceed to trial on all the charges contained in the indictments.
3. Contractors Must Register With Consumer Affairs. State v. Rowland 396 NJ Super. 126 (App. Div. 2007).
The Contractors' Registration Act, N.J.S.A. 56:8-136 to -152, includes provisions under which knowingly engaging in the business of making or selling home improvements without having registered with the Division of Consumer Affairs is a fourth degree crime. Although the Act states that "a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree," the underlined phrase does not mean that the State must prove defendant knew about the Act and its provisions. In short, when used in a statute, the underlined phrase does not make knowledge of the law an element of the crime.
4. Police May need to give 2nd Miranda Warnings. State v. Nyhammer 396 NJ Super. 72 (App. Div. 2007).
The Court reversed a conviction for aggravated sexual assault on a girl, then nine years old, concluding that each of two rulings constituted reversible error. First, the judge should not have admitted defendant's confession. An investigator called defendant and explained he was conducting an investigation against another man in connection with the abuse of another child as well as the victim in this case. The investigator did not indicate to defendant that the victim in this case had made allegations of abuse by defendants. Defendant went to the police station. The investigator gave defendant the Miranda warnings. After defendant gave a formal statement regarding the incident of abuse by the other man, the investigator told him that the victim had made accusations against defendant as well. Defendant became distraught. Miranda warnings were not given a second time. Defendant confessed. The Court concludes that defendant did not make a knowing and voluntary waiver of his right to remain silent. Therefore, his confession was admissible.
Second, the Court concluded that the victim's hearsay videotape, which was the sole substantive evidence proving defendant's conduct, should have been excluded from evidence, pursuant to confrontation clause. The videotaped statement was "testimonial," there was no prior opportunity for defendant to cross-examine the victim, and there was no opportunity for an adequate and meaningful cross-examination at trial because the victim was unresponsive to many questions. At trial, she did not recollect questions going to the heart of the charges. Therefore, the videotape was the sole substantive evidence at trial.
5. Upcoming Charity Running Events.
April 19 - Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 If you cant run, you can still help by contributing or buying a ticket for the post run party
April 26 - CASA Kids 5K Run 9am Princeton Pike Corporate Center, 1009 Lenox Drive Lawrenceville, NJ 08648, Race Hotline: 609 631-9211, Great race organized by Gerry Fennelly. When you register, write down under the team category- "RVRR Ken V."
May 3 - Farmlands 50 mile bike- Central Jersey Bike Club Middletown.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer in the Criminal Law - DWI section for the third year in a row.
HOW SUPER LAWYERS ARE SELECTED:
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers
http://www.njlaws.com/superlawyer.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
April 7, 2008
In This Issue
_______________
1. Car Insurance coverage liberally applied to victim of shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences.
3. Contractors Must Register With Consumer Affairs.
4. Police May need to give 2nd Miranda Warnings.
5. Upcoming Charity Running Events.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer.
_______________________________________________________________
1. Car Insurance coverage liberally applied to victim of shooting Livsey v. Mercury Insurance Group 396 NJ Super. 373 (App. Div. 2007).
Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences. State v. J.J. ___ NJ Super. ___ (Decided December 11, 2007) A-2777-05T5.
When, as part of a guilty plea, defendant is subject to community supervision under Megan's Law, the court must ensure that defendant understands the particular consequences of such supervision. In this case, defendant was not informed that Megan's Law would prevent him from living with his new wife and her child. Therefore, defendant should have been allowed to withdraw his guilty plea and proceed to trial on all the charges contained in the indictments.
3. Contractors Must Register With Consumer Affairs. State v. Rowland 396 NJ Super. 126 (App. Div. 2007).
The Contractors' Registration Act, N.J.S.A. 56:8-136 to -152, includes provisions under which knowingly engaging in the business of making or selling home improvements without having registered with the Division of Consumer Affairs is a fourth degree crime. Although the Act states that "a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree," the underlined phrase does not mean that the State must prove defendant knew about the Act and its provisions. In short, when used in a statute, the underlined phrase does not make knowledge of the law an element of the crime.
4. Police May need to give 2nd Miranda Warnings. State v. Nyhammer 396 NJ Super. 72 (App. Div. 2007).
The Court reversed a conviction for aggravated sexual assault on a girl, then nine years old, concluding that each of two rulings constituted reversible error. First, the judge should not have admitted defendant's confession. An investigator called defendant and explained he was conducting an investigation against another man in connection with the abuse of another child as well as the victim in this case. The investigator did not indicate to defendant that the victim in this case had made allegations of abuse by defendants. Defendant went to the police station. The investigator gave defendant the Miranda warnings. After defendant gave a formal statement regarding the incident of abuse by the other man, the investigator told him that the victim had made accusations against defendant as well. Defendant became distraught. Miranda warnings were not given a second time. Defendant confessed. The Court concludes that defendant did not make a knowing and voluntary waiver of his right to remain silent. Therefore, his confession was admissible.
Second, the Court concluded that the victim's hearsay videotape, which was the sole substantive evidence proving defendant's conduct, should have been excluded from evidence, pursuant to confrontation clause. The videotaped statement was "testimonial," there was no prior opportunity for defendant to cross-examine the victim, and there was no opportunity for an adequate and meaningful cross-examination at trial because the victim was unresponsive to many questions. At trial, she did not recollect questions going to the heart of the charges. Therefore, the videotape was the sole substantive evidence at trial.
5. Upcoming Charity Running Events.
April 19 - Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 If you cant run, you can still help by contributing or buying a ticket for the post run party
April 26 - CASA Kids 5K Run 9am Princeton Pike Corporate Center, 1009 Lenox Drive Lawrenceville, NJ 08648, Race Hotline: 609 631-9211, Great race organized by Gerry Fennelly. When you register, write down under the team category- "RVRR Ken V."
May 3 - Farmlands 50 mile bike- Central Jersey Bike Club Middletown.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer in the Criminal Law - DWI section for the third year in a row.
HOW SUPER LAWYERS ARE SELECTED:
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers
http://www.njlaws.com/superlawyer.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, March 18, 2008
NJ Laws Email Newsletter E270 - March 18, 2008
March 18, 2008
In This Issue
_______________
1. NJ Supreme Court holds Alcotest DWI breath testing machine results admissible
2. Free Wills and Power of Attorney Seminar on Wednesday, April 2, 2008
3. Recent webpages added to www.njlaws.com website.
Greetings ,
1. NJ Supreme Court holds Alcotest DWI breath testing machine results admissible.
The Supreme Court on March 17, 2008 adopted, as modified, the Special Master's reports and recommendations. This landmark decision changes the prosecution of DWI cases in New Jersey forever. Subject to certain conditions, the Court holds that the Alcotest is scientifically reliable and that its results are admissible in drunk driving prosecutions. The Court contemporaneously issued an Order vacating its January 10, 2006, stay of drunk driving prosecutions, appeals, and sentencing, which shall proceed in accordance with the directives set forth therein. This State v Chun has been pending before the court since 2005.
The Supreme Court held:
1. There is sufficient credible evidence to support the continued use of a 2100 to 1 blood/breath alcohol ratio to estimate BAC from a breath sample. The overwhelming evidence demonstrates that use of this ratio tends to underestimate the actual BAC in the vast majority of persons whose breath is tested. Although there may be a small number of individuals who are disadvantaged by a device that uses the 2100 to 1 blood/breath ratio, there is sound scientific support for its continued utilization.
2. The four criteria used by the device to identify a valid breath sample are, with one modification, appropriate. The Court adopts the recommendation that the minimum breath volume requirement should be lowered, for women over sixty years of age only, from 1.5 liters to 1.2 liters and concludes that this modification does not violate equal protection rights. Regardless of minimum breath requirements, no test will be accepted by the machine until the infrared measurement plateaus, which only occurs when a suspect is expelling deep lung air.
Further, while selectively lowering the breath volume requirement will create a different level at which women over sixty may be charged with refusal, the record demonstrates that this group, and only this group, may not have the physiological capability of providing a larger sample. In pending prosecutions, and in future prosecutions based on tests conducted prior to the implementation of the Court's directives, an Alcotest AIR with an insufficient volume error message may not be used as evidence of refusal against women over the age of sixty, unless they also provided another sample of at least 1.5 liters.
3. The Supreme Court in State v. Chun declined to adopt the recommendation that a breath temperature sensor be added to the Alcotest, concluding that this device is both unnecessary and impractical. The record includes scant evidence of a correlation between breath temperature and increased breath alcohol concentration, and no evidence that the theoretical increase in breath alcohol concentration would translate into an inaccurately elevated BAC. Further, any potential effect is ameliorated by the 2100 to 1 blood/breath ratio and by use of truncated, rather than rounded, results, both of which serve to underestimate results. Requiring the addition of a breath temperature sensor would also present an
unreasonable maintenance burden on New Jersey's breath testing program.
4. A tolerance range of an absolute 01 percent (plus or minus 005 percent from the mean) BAC standard, coupled with the use of a like percentage range of tolerance expressed as five percent plus or minus deviation from the mean, is both scientifically appropriate and consistent with the intention of the Legislature in adopting per se limits. The device must therefore be reprogrammed to comply with this standard. In pending prosecutions, and in future prosecutions based on tests conducted prior to the implementation of the Court's directives, in which the AIR reports a BAC obtained using a doubled tolerance range, the reported breath samples must be reviewed to determine whether the results meet this tolerance range. Any AIR that does not include two valid tests within tolerance under this standard cannot be deemed to be sufficiently scientifically reliable to be admissible and shall not be admitted into evidence as proof of a per se violation.
5. The Alcotest's use of the fuel cell "drift" algorithm does not undermine its reliability. Scientific evidence demonstrates that fuel cells begin to age as soon as they are put into service, and will eventually cause the Alcotest's electric chemical test to underestimate BAC. While there may be other means to compensate for this "drift," those means would not, in the end, be any more advantageous to defendants than the minor upward adjustment that the algorithm effects. However, the Court adopts the Special Master's recommendation that the devices be recalibrated semi-annually instead of annually. A semi-annual calibration is consistent with the manufacturer's recommendations and provides a useful safeguard by affording a more regular opportunity to evaluate and replace aging fuel cells
6. The Supreme Court concluded that the Alcotest's "weighted averaging" algorithm is an appropriate calculation that results in a more accurate infrared measurement. It gives greater weight to the breath that, inevitably, includes the deepest air drawn from the lungs. It therefore focuses the analysis on the portion of the breath sample that most accurately represents the subject's BAC
7. The buffer overflow error is a real error in the programming that may cause the Alcotest to report incorrect results in situations involving a third breath sample, which is taken only when the measurements from the first two tests are not in tolerance. The buffer overflow programming error, which must be corrected, affects only the final BAC result reported on the AIR. Because the infrared and electric chemical measurements for all of the test samples are accurately reported on the AIR, the correct BAC value can, and must, be computed from those measurements by applying a corrective formula. In pending prosecutions, and in future prosecutions based on tests conducted prior to the implementation of the Court's directives, the State must review all AIRs that include three tests, perform the calculations to identify the correct BAC in accordance with the corrective formula, and provide that data to the court. The calculations must be made a part of the evidence in any prosecution to facilitate appellate review.
8. The Supreme Court in State v. Chun found adequate support in the record that catastrophic error detection should be re-enabled in the Alcotest. This detection will allow the machine to recognize catastrophic errors and respond by shutting down. There is no basis for the Court to conclude that the lack of catastrophic error detection could result in an inaccurate AIR in any pending prosecution.
9. The Supreme Court found the overall programming style and design of the source code to be acceptable. The exhaustive review undertaken in this case revealed few actual errors or issues within the source code. There being no evidence in the record that any other asserted shortcomings are more than stylistic or theoretical challenges, the Court declines to require any specific programming standards at this time.
10. In future revisions to the Alcotest software, The Supreme Court ruled the State must: have the Alcotest software locked so that only the manufacturer can make revisions to the source code; have the software revised so that the Alcotest identifies and prints the software version that it is utilizing on each AIR; and give detailed notice consistent with due process to the public and the New Jersey State Bar Association of any future revisions.
11. The Supreme Court ruled Draeger must make Alcotest training, comparable to that provided to the State, available to licensed New Jersey attorneys and their experts at reasonable times and locations within New Jersey and at a reasonable cost.
12. The Supreme Court in State v. Chun ruled the twelve foundational documents identified by the Special Master must be provided during discovery in all matters. The operator of the device shall be available to testify and shall produce evidence of his qualifications to operate the device. The following foundational documents, evidencing the good working order of the machine, shall be admitted into evidence in prosecutions based on Alcotest breath testing results: the most recent calibration report, including control tests, linearity tests, and the credentials of the coordinator who performed the calibration; the most recent new standard solution report prior to a defendant's test; and the certificate of analysis of the 10 simulator solution used in a defendant's control tests. These foundational documents are not "testimonial," as defined by the United States Supreme Court in Crawford v. Washington and its progeny. In so holding, the Court aligns itself with the majority of other courts, which have found that such documents are business records, which do not implicate the Confrontation Clause.
13. The Supreme Court ruled the AIR itself, a "statement" of a machine, is not testimonial under Crawford because it does not implicate Crawford's core concerns -- it is not a report of a past event, givenin response to police interrogation, with the purpose of establishing evidence that a defendant committed an offense. Although the AIR is not testimonial evidence, the Court nevertheless mandates various safeguards to protect a defendant's due process rights: the opportunity to cross-examine the operator of the Alcotest, the routine production of all foundational documents in discovery, and the admission of the core foundational documents into evidence at trial.
The full 130 page opinion will be available on website
www.njlaws.com/statevchun.htm
2. Free Wills and Power of Attorney Seminar on Wednesday, April 2, 2008.
Wills & Power of Attorney Program
Learn about documents to save your family money
WHERE: Heritage at Clara Barton, 1015 Amboy Ave. Edison
WHEN: Wednesday, April 2, 2008 8 - 9 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
Sponsor: Metuchen- Edison Women's Club
NJ State Federal of Women's Clubs, Shore District
Co-sponsored by Middlesex County Estate Planning
Council
Cost: Free, open to the public
- So you don't have a Will.
You won't live forever and you can't take it with you.
What should you do?
Main Topics:
1. Wills and the changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills,
"Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors,
and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute
your property and avoid many rigid provisions of state
law. For more information on Elder law, visit the
Website www.njlaws.com.
You can also subscribe to the free email Elder Law
newsletter by visiting the website, or sending an email
to Kenv@njlaws.com.
Call for information on Metuchen- Edison Women's Club
contactChristine Mullen 732-549-7173
About the Speaker: Kenneth Vercammen is an Elder Law
and Litigation Attorney in Edison, NJ. He often lectures
for the American Bar Association and New Jersey State
Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published
125 articles in national and New Jersey publications on legal topics.
He speaks as a volunteer on Wills and Elder law to Adult
Community Schools and non profit groups including
Edison, Metuchen, Woodbridge, East Brunswick,
North Brunswick, South Brunswick, Piscataway,
Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information
on Probate, Elder Law and Traffic matters located at www.njlaws.com
About Middlesex County Estate Planning Council:
In several counties in New Jersey, estate planning professionals have set up Councils whereby those
assisting seniors and taxpayers with their estate
planning could meet on a quarterly basis to share
ideas. Invited to attend are accountants, financial
planners, Life insurance agents, funeral directors,
bank representatives involved in reserve mortgages,
nursing home managers and Municipal senior citizen
coordinators. We will share ideas on providing advice,
new laws and marketing. Senior Citizen Coordinators
and anyone who provides advice to seniors and the
Elderly should also attend.
http://www.njlaws.com/middlesex_estate_council_speaker_needed.htm
3. Recent webpages added to www.njlaws.com website.
1. Middlesex County Bar Association 3rd Annual Awards Dinner
2. Intestacy
3. Litigation Involving Wills
4. Litigation Involving Intestacy
5. NJ Inheritance Return Form Revised
6. Victims Testifying at Trial
7. Whiplash
8. Strains
9. Sprains
10.Anabolic Steroids
11.Financial Recovery for Fall Down Victims
12.Black Ice Fall Down
13.Wills for Unmarried Women
14.30:4-123.51 Eligibility for parole
15.39:4-50.9. Drunk Driving Victim's Bill of Rights
16.Financial Recovery for Car Accident Victims
17.Injury Help Line
18.Fiduciary Duties, Obligations and Liabilities
19.Brief to Dismiss DWI Summons
20.FIRST INTERIM REPORT OF THE NEW JERSEY CIVIL UNION REVIEW COMMISSION
21.Whiplash in Car Accidents
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
In This Issue
_______________
1. NJ Supreme Court holds Alcotest DWI breath testing machine results admissible
2. Free Wills and Power of Attorney Seminar on Wednesday, April 2, 2008
3. Recent webpages added to www.njlaws.com website.
Greetings ,
1. NJ Supreme Court holds Alcotest DWI breath testing machine results admissible.
The Supreme Court on March 17, 2008 adopted, as modified, the Special Master's reports and recommendations. This landmark decision changes the prosecution of DWI cases in New Jersey forever. Subject to certain conditions, the Court holds that the Alcotest is scientifically reliable and that its results are admissible in drunk driving prosecutions. The Court contemporaneously issued an Order vacating its January 10, 2006, stay of drunk driving prosecutions, appeals, and sentencing, which shall proceed in accordance with the directives set forth therein. This State v Chun has been pending before the court since 2005.
The Supreme Court held:
1. There is sufficient credible evidence to support the continued use of a 2100 to 1 blood/breath alcohol ratio to estimate BAC from a breath sample. The overwhelming evidence demonstrates that use of this ratio tends to underestimate the actual BAC in the vast majority of persons whose breath is tested. Although there may be a small number of individuals who are disadvantaged by a device that uses the 2100 to 1 blood/breath ratio, there is sound scientific support for its continued utilization.
2. The four criteria used by the device to identify a valid breath sample are, with one modification, appropriate. The Court adopts the recommendation that the minimum breath volume requirement should be lowered, for women over sixty years of age only, from 1.5 liters to 1.2 liters and concludes that this modification does not violate equal protection rights. Regardless of minimum breath requirements, no test will be accepted by the machine until the infrared measurement plateaus, which only occurs when a suspect is expelling deep lung air.
Further, while selectively lowering the breath volume requirement will create a different level at which women over sixty may be charged with refusal, the record demonstrates that this group, and only this group, may not have the physiological capability of providing a larger sample. In pending prosecutions, and in future prosecutions based on tests conducted prior to the implementation of the Court's directives, an Alcotest AIR with an insufficient volume error message may not be used as evidence of refusal against women over the age of sixty, unless they also provided another sample of at least 1.5 liters.
3. The Supreme Court in State v. Chun declined to adopt the recommendation that a breath temperature sensor be added to the Alcotest, concluding that this device is both unnecessary and impractical. The record includes scant evidence of a correlation between breath temperature and increased breath alcohol concentration, and no evidence that the theoretical increase in breath alcohol concentration would translate into an inaccurately elevated BAC. Further, any potential effect is ameliorated by the 2100 to 1 blood/breath ratio and by use of truncated, rather than rounded, results, both of which serve to underestimate results. Requiring the addition of a breath temperature sensor would also present an
unreasonable maintenance burden on New Jersey's breath testing program.
4. A tolerance range of an absolute 01 percent (plus or minus 005 percent from the mean) BAC standard, coupled with the use of a like percentage range of tolerance expressed as five percent plus or minus deviation from the mean, is both scientifically appropriate and consistent with the intention of the Legislature in adopting per se limits. The device must therefore be reprogrammed to comply with this standard. In pending prosecutions, and in future prosecutions based on tests conducted prior to the implementation of the Court's directives, in which the AIR reports a BAC obtained using a doubled tolerance range, the reported breath samples must be reviewed to determine whether the results meet this tolerance range. Any AIR that does not include two valid tests within tolerance under this standard cannot be deemed to be sufficiently scientifically reliable to be admissible and shall not be admitted into evidence as proof of a per se violation.
5. The Alcotest's use of the fuel cell "drift" algorithm does not undermine its reliability. Scientific evidence demonstrates that fuel cells begin to age as soon as they are put into service, and will eventually cause the Alcotest's electric chemical test to underestimate BAC. While there may be other means to compensate for this "drift," those means would not, in the end, be any more advantageous to defendants than the minor upward adjustment that the algorithm effects. However, the Court adopts the Special Master's recommendation that the devices be recalibrated semi-annually instead of annually. A semi-annual calibration is consistent with the manufacturer's recommendations and provides a useful safeguard by affording a more regular opportunity to evaluate and replace aging fuel cells
6. The Supreme Court concluded that the Alcotest's "weighted averaging" algorithm is an appropriate calculation that results in a more accurate infrared measurement. It gives greater weight to the breath that, inevitably, includes the deepest air drawn from the lungs. It therefore focuses the analysis on the portion of the breath sample that most accurately represents the subject's BAC
7. The buffer overflow error is a real error in the programming that may cause the Alcotest to report incorrect results in situations involving a third breath sample, which is taken only when the measurements from the first two tests are not in tolerance. The buffer overflow programming error, which must be corrected, affects only the final BAC result reported on the AIR. Because the infrared and electric chemical measurements for all of the test samples are accurately reported on the AIR, the correct BAC value can, and must, be computed from those measurements by applying a corrective formula. In pending prosecutions, and in future prosecutions based on tests conducted prior to the implementation of the Court's directives, the State must review all AIRs that include three tests, perform the calculations to identify the correct BAC in accordance with the corrective formula, and provide that data to the court. The calculations must be made a part of the evidence in any prosecution to facilitate appellate review.
8. The Supreme Court in State v. Chun found adequate support in the record that catastrophic error detection should be re-enabled in the Alcotest. This detection will allow the machine to recognize catastrophic errors and respond by shutting down. There is no basis for the Court to conclude that the lack of catastrophic error detection could result in an inaccurate AIR in any pending prosecution.
9. The Supreme Court found the overall programming style and design of the source code to be acceptable. The exhaustive review undertaken in this case revealed few actual errors or issues within the source code. There being no evidence in the record that any other asserted shortcomings are more than stylistic or theoretical challenges, the Court declines to require any specific programming standards at this time.
10. In future revisions to the Alcotest software, The Supreme Court ruled the State must: have the Alcotest software locked so that only the manufacturer can make revisions to the source code; have the software revised so that the Alcotest identifies and prints the software version that it is utilizing on each AIR; and give detailed notice consistent with due process to the public and the New Jersey State Bar Association of any future revisions.
11. The Supreme Court ruled Draeger must make Alcotest training, comparable to that provided to the State, available to licensed New Jersey attorneys and their experts at reasonable times and locations within New Jersey and at a reasonable cost.
12. The Supreme Court in State v. Chun ruled the twelve foundational documents identified by the Special Master must be provided during discovery in all matters. The operator of the device shall be available to testify and shall produce evidence of his qualifications to operate the device. The following foundational documents, evidencing the good working order of the machine, shall be admitted into evidence in prosecutions based on Alcotest breath testing results: the most recent calibration report, including control tests, linearity tests, and the credentials of the coordinator who performed the calibration; the most recent new standard solution report prior to a defendant's test; and the certificate of analysis of the 10 simulator solution used in a defendant's control tests. These foundational documents are not "testimonial," as defined by the United States Supreme Court in Crawford v. Washington and its progeny. In so holding, the Court aligns itself with the majority of other courts, which have found that such documents are business records, which do not implicate the Confrontation Clause.
13. The Supreme Court ruled the AIR itself, a "statement" of a machine, is not testimonial under Crawford because it does not implicate Crawford's core concerns -- it is not a report of a past event, givenin response to police interrogation, with the purpose of establishing evidence that a defendant committed an offense. Although the AIR is not testimonial evidence, the Court nevertheless mandates various safeguards to protect a defendant's due process rights: the opportunity to cross-examine the operator of the Alcotest, the routine production of all foundational documents in discovery, and the admission of the core foundational documents into evidence at trial.
The full 130 page opinion will be available on website
www.njlaws.com/statevchun.htm
2. Free Wills and Power of Attorney Seminar on Wednesday, April 2, 2008.
Wills & Power of Attorney Program
Learn about documents to save your family money
WHERE: Heritage at Clara Barton, 1015 Amboy Ave. Edison
WHEN: Wednesday, April 2, 2008 8 - 9 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
Sponsor: Metuchen- Edison Women's Club
NJ State Federal of Women's Clubs, Shore District
Co-sponsored by Middlesex County Estate Planning
Council
Cost: Free, open to the public
- So you don't have a Will.
You won't live forever and you can't take it with you.
What should you do?
Main Topics:
1. Wills and the changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills,
"Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors,
and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute
your property and avoid many rigid provisions of state
law. For more information on Elder law, visit the
Website www.njlaws.com.
You can also subscribe to the free email Elder Law
newsletter by visiting the website, or sending an email
to Kenv@njlaws.com.
Call for information on Metuchen- Edison Women's Club
contactChristine Mullen 732-549-7173
About the Speaker: Kenneth Vercammen is an Elder Law
and Litigation Attorney in Edison, NJ. He often lectures
for the American Bar Association and New Jersey State
Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published
125 articles in national and New Jersey publications on legal topics.
He speaks as a volunteer on Wills and Elder law to Adult
Community Schools and non profit groups including
Edison, Metuchen, Woodbridge, East Brunswick,
North Brunswick, South Brunswick, Piscataway,
Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information
on Probate, Elder Law and Traffic matters located at www.njlaws.com
About Middlesex County Estate Planning Council:
In several counties in New Jersey, estate planning professionals have set up Councils whereby those
assisting seniors and taxpayers with their estate
planning could meet on a quarterly basis to share
ideas. Invited to attend are accountants, financial
planners, Life insurance agents, funeral directors,
bank representatives involved in reserve mortgages,
nursing home managers and Municipal senior citizen
coordinators. We will share ideas on providing advice,
new laws and marketing. Senior Citizen Coordinators
and anyone who provides advice to seniors and the
Elderly should also attend.
http://www.njlaws.com/middlesex_estate_council_speaker_needed.htm
3. Recent webpages added to www.njlaws.com website.
1. Middlesex County Bar Association 3rd Annual Awards Dinner
2. Intestacy
3. Litigation Involving Wills
4. Litigation Involving Intestacy
5. NJ Inheritance Return Form Revised
6. Victims Testifying at Trial
7. Whiplash
8. Strains
9. Sprains
10.Anabolic Steroids
11.Financial Recovery for Fall Down Victims
12.Black Ice Fall Down
13.Wills for Unmarried Women
14.30:4-123.51 Eligibility for parole
15.39:4-50.9. Drunk Driving Victim's Bill of Rights
16.Financial Recovery for Car Accident Victims
17.Injury Help Line
18.Fiduciary Duties, Obligations and Liabilities
19.Brief to Dismiss DWI Summons
20.FIRST INTERIM REPORT OF THE NEW JERSEY CIVIL UNION REVIEW COMMISSION
21.Whiplash in Car Accidents
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
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