Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500,

www.njlaws.com

Friday, April 27, 2007

Kenneth Vercammen's NJ Laws email newsletter E238

February 25, 2007

In this issue:
1. New law strengthens the prohibition on inhalation abuse, known as "huffing," by broadening the definition of "toxic chemical"
2- HELP WANTED HTML Clerk to set up webpages
3 Wills, The New Probate Law & Estate Administration Program- last chance to attend Monday, March 19, 2007 7 - 8:30 P.M.
4. Police can ask for consent of home.


1. New law strengthens the prohibition on inhalation abuse, known as "huffing," by broadening the definition of "toxic chemical"

TRENTON- Governor Jon S. Corzine took action on the following legislation.
NEW LAWS SIGNED:
S-1280/A-3083 (Bryant/Fisher, Burzichelli) – Broadens definition of “toxic chemical” in the drug statutes to include nitrous oxide and other substances. New law strengthens the prohibition on inhalation abuse, known as "huffing," by broadening the definition of "toxic chemical" in N.J.S.A. 2C:35-10.4.
Under current law, it is a disorderly persons offense to inhale the fumes of any toxic chemical for the purpose of causing a condition of intoxication or to possess any toxic chemical for the purpose of causing a condition of intoxication. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both.
The new law defines "toxic chemical" as "any chemical or substance having the property of releasing toxic fumes," and provides that the term "toxic chemical" includes but is not limited to nitrous oxide, and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.
The new law specifically provides that it does not apply to the lawful possession and use of nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide, or to the lawful sale of nitrous oxide for non medical use.
The new law amends N.J.S.A. 2C:36-1 through 2C:36-3, the drug paraphernalia statutes, to include objects commonly associated with inhalation abuse, such as the following: compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient; chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical.

Governor Jon S. Corzine also took action on the following legislation. NEW LAWS SIGNED:

A-2987/S-2012 (Watson Coleman, Steele, Johnson, Chivukula, Conaway/Turner, Girgenti) – Requires court to conduct inquiry at prosecutor’s request concerning source of bail funds where defendant is charged with crime with bail restrictions.

2- HELP WANTED HTML Clerk to set up webpages
Law Office Edison

Growing Law Office needs Clerk to update website and help with law office. We sponsor a state wide website with information on litigation, personal injury, criminal and probate matters. Clerk/ programmer needed to update website. Applicants must have familiarity with HTML programming, web page design/ maintenance and Internet technology. If you can update a website, this is the job for you. Please indicate so in the first paragraph of your cover letter. $10.00 an hour start. Work 20 hours per week Monday- Thursday. You select the hours. Fax resume & cover letter to the Law Office of Kenneth Fax 732-572-0030

Great opportunity to obtain legal experience.
GENERAL DUTIES [Not included in Crit advertisement]
-General Office duties in Law Office
-Update mailing/ client lists and learn marketing
-Prepare correspondence to Law Journals and New Jersey Media with
Revised .-Provide copies of published articles to Judges, Prosecutors and other
New Jersey professionals.
-Ideal for person interested in the legal field, law enforcement or public relations/ media
-Occasional Telephone Answering

Must be dependable and committed to perfection for clients
Kenneth A. Vercammen, Esq.


3. Wills, The New Probate Law, Estate Administration & Elder Law
New Probate Law Effective 2006!

WHERE: Edison High School Community Adult Education

WHEN: Monday, March 19, 2007 7 - 8:30 P.M.
Please note, the Edison Board of Education is discontinuing its Community Adult Education program. This is your last opportunity to attend.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- 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 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. 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.

EDISON COMMUNITY ADULT SCHOOL.
EDISON HIGH SCHOOL, Room 193, 50 Blvd. of Eagles, Edison, NJ
732-452-4574 John Russell, Director
-Free for Edison Seniors who pre register

$25 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732-452-4574

4. Police can ask for consent of home. State v. Domicz 188 N.J. 285 (2006)

The court held Under the circumstances, the warrantless thermal scan and seizure of electricity records did not constitute prior unlawful conduct that could tainted the later search. Grand jury subpoena procedures adequately protect any privacy interest in utility records. Law enforcement officers are not required to have a reasonable and articulable suspicion that criminal activity is occurring within a home before seeking consent to search the residence.

Upcoming charity races:
3/18/2007 St. Paddy's 10 Mile Race & Leprechuan 5k 10 mile 10am, 5k, 10:15am Freehold NJ 732-431-2627 Free beer, Free food, long sleeve shirt USATF Sponsored by Freehold Area Running Club FARC www.farcnj.com

3/24/2007 CASC 5K 9:30 Hightstown NJ 732-742-6868
For more events visit www.metrorace.com
_____________________________

Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1

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

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

Ken Vercammen's NJ Laws email newsletter July 27, 2006 E220

In this issue:
1 Hawaii Night - Saturday, August 26
2 Recent cases- In DWI Police Not Required to Prove Defendant Advised of Independent Testing.
3. Mandatory 180 Days in Jail For 3rd Offender DWI.
4. Suspended Jail Sentence Permitted in Juvenile Cases
5. Insurance Law- Argent v Brady
6. Seminar- Elder Law Practice: New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need
7. Need a Good Attorney?
_____________________________________
1. Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to KenVnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________
___________________________________

2 Recent cases- In DWI Police Not Required to Prove Defendant Advised of Independent Testing. State v Howard 383 N.J. Super. 538 (App Div. 2006)
The State in a DWI case is not required to prove that a defendant has been advised of his or her right to independent testing pursuant to N.J.S.A. 39:4-50.2(c) and (d) in order to sustain a conviction of a per se violation under N.J.S.A. 39:4-50(a).

3. Mandatory 180 Days in Jail For 3rd Offender DWI. State v Luthe 383 N.J. Super. 512 (App Div. 2006)
N.J.S.A. 39:4-50(a)(3) does not authorize non custodial alternatives to the mandatory 180 days confinement, whether that confinement be served entirely in jail or partially in an inpatient facility. There is no statutory authority for work release programs, out-patient treatment, or the like as an alternative.

4. Suspended Jail Sentence Permitted in Juvenile Cases. In the Interest of M.C. 384 N.J. Super. 116 (App Div. 2006)
A Family Court judge imposed suspended sentences in three separate, unrelated juvenile cases involving defendants M.C., M.P., and S.J. The State contended that the sentences imposed are illegal. The Code of Juvenile Justice, N.J.S.A. 2A: 4A-20 to -91 (the Code), should be interpreted to permit suspended sentences. The Code is silent on the subject of suspended sentences. Nevertheless, the court concluded that its provisions are sufficiently flexible to permit our courts to impose suspended sentences as a viable disposition, given its fundamental rehabilitative and penal objectives.

5. Insurance Law- Argent v Brady

Appellate Division, A-2339-05T2, approved for publication June 27, 2006.
The business pursuits exclusion of a policy of homeownerís insurance barred any obligation by the insurer to defend or indemnify the resident son of the named insureds from alleged liability for injuries that were sustained by an infant who was bitten by the sonís dog while the infant was receiving day care from the sonís mother. Source: Facts-on-Call Order No. 93074
_____________________________

6. Seminar- Elder Law Practice: New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need

Saturday August 5, 2006 7:30am
Hawaii Convention Center, Honolulu Oahu Room 317B

Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA

Kenneth A. Vercammen, Esq. - co-author
"Nuts & Bolts of Elder Law", Edison, NJ

Plus special added speaker:
Elder law expert Charles Sabatino, director of the ABA's Commission on Law & Aging, who will talk about how the commission is helping lawyers help seniors deal with Medicare Part D, other elder law issues, and the anniversary of the Terry Schiavo case.


Contact American Bar Association's ITS at 800-421- 0459 for registration

Topics: "How To Start & Build An Elder Law Practice"
New Medicaid Law 2006- Protect yourself from inaccurate advice and malpractice
Getting referrals from other professionals
Email newsletters
Ethical marketing
How to achieve greater career satisfaction
How to get more referrals and repeat business
How to manage telephone conversations with your clients
marketing with written fee agreements
-Networking the Internet without backlash
-Ethics and marketing without violating the Rules of Professional Conduct
-Keeping clients informed to improve your practice

__________________________
7. Need a Good Attorney?
Our firm receives many new clients as a result of referrals from current clients and other friends of our firm. We would like to express our deep thanks to everyone who refers their family, friends and co-workers to our firm. We sincerely appreciate the trust and confidence you show in us by making these referrals.

Thank you for thinking of us when a family member, friend or co-workers needs legal assistance. We Will continue to strive to provide the highest standard of legal service and representation to you and everyone you refer to our firm.

We have also developed a network of 500 New Jersey and other state attorneys through our membership in the American Bar Association. If we do not handle a type of case, we can attempt to

_____________________________

Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com

Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.

Ken Vercammen's NJ Laws email August 27, 2006 221

In this issue:
1. Life Insurance
2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant Consents.
3. Police Questioning After 911 Call Did Not Violate Miranda
4 . Court Prohibited Character Witness Testimony
5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration.
6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
_____________________________________
1. Types of Life Insurance
By Pavese-McCormick Insurance
Here is some information about what are known as "permanent" (or "cash-value") life insurance policies that, unlike term life, are designed to last the rest of your life:

* "Permanent" life insurance includes a buildup of value in cash in addition to your death benefit. You can borrow against your cash value. You can even take out some of that cash value, but your death benefit will be reduced. What is cash value? It's that part of a permanent life insurance policy not needed for so-called "mortality expenses." The greater your risk of dying in the near term, the greater the mortality expense to your insurer.

* Cash-value life policies have premiums that are higher at the
beginning than they would be for the same amount of term
insurance. The part of the premium not used to cover the yearly
cost for mortality and other expenses is invested by the company
and builds up a cash value that you may use in a variety of ways.
Here are some specific examples of cash-value or permanent life
insurance:

* Whole (or Ordinary) Life -- The premium and the death benefit
don't change much in whole life policies. You pay so much a month
for a given death benefit. However, dividends to policyholders
can increase the coverage or decrease the premium.

* Universal Life -- This is the flexible life insurance. You can
change your premium and your death benefit at any time, although
a substantial increase in the coverage usually requires you to
prove you are still in good health.

* Variable Life -- This is a hybrid whole/universal coverage in
which the death benefit is dependent on the investment
performance of the insurance company's assets. And you get to
choose the investment vehicle -- money market fund, bond fund or
stock fund -- for your premium. If your investments do well, your
policy's cash value and death benefit will increase. If not,
they'll go down, but most variable life policies won't let your
death benefit drop below a certain level. However, it's possible
a company will charge you for a guaranteed death benefit.

So are permanent life policies, as opposed to term life, best for
you? In general, if you have significant assets, its better (and
less risky) to have some sort of cash-value policy.
But which one?

Actually, it's more important to buy the coverage from an insurer
that has the best chance of performing well in the future; an
insurer that has low expenses and mortality costs. Such an
insurer will be able to offer better terms, including higher
death benefits, higher cash value and lower premiums.


Pavese-McCormick is one of the rare companies that doesn't just talk customer service, they set the standard for it."
Pavese-McCormick 3759 Route One South
Monmouth Junction, N.J. 08852
Phone (732) 247-9800, Ext. 2003
Fax (732) 875-1083

2 Recent cases- Co-tenant Can Object to Search Even if Other Occupant Consents. Georgia v Randolph 126 S. Ct. 1515; 164 L. Ed. 2d 208
A physically present co-occupant's stated refusal to permit entry renders warrantless entry and search unreasonable and invalid as to him. A disputed invitation, without more, gives an officer no better claim to reasonableness in entering than the officer would have absent any consent. Disputed permission is no match for the Fourth Amendment central value of "respect for the privacy of the home," Wilson v. Layne, 526 U.S. 603, 610, 119 S. Ct. 1692, 143 L. Ed. 2d 818, and the State's other countervailing claims do not add up to outweigh it.

3. Police Questioning After 911 Call Did Not Violate Miranda. State v. Boretsky 186 N.J. 271 (2006)
An individual's intentions in respect of equivocal statements about "counsel" during an emergency aid situation are not relevant for Miranda purposes. During the emergency aid response, an alleged "equivocal" reference to counsel lacks sufficient basis to tie the statement to interests the Miranda remedy was designed to protect. When the emergency ends and Miranda warnings are administered, we hold that the administration of the warning satisfies Miranda.

4 . Court Prohibited Character Witness Testimony. State v. Mahoney __ NJ ___ Decided April 19, 2006 (A-10-05)
The trial court properly prohibited character witness testimony as to specific interactions with defendant and his skills as a lawyer, and statements made by the prosecutor during summation did not deny defendant his right to a fair trial. However, the trial court improperly submitted to the jury the full text of R. 1:21-6 without providing instructions as to how to consider and apply the rule's directives to the facts of this criminal case.

5 Indigent Deadbeats Entitled to Counsel if Facing Incarceration. Pasqua v. Hon Gerald J. Council 186 N.J. 127 (2006)
The Fourteenth Amendment Due Process Clause mandates the appointment of counsel to assist parents found to be indigent and facing incarceration at child support enforcement hearings. The due process guarantee of the New Jersey Constitution compels the same result.


6. Reminder- Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to Kenvnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________

_____________________________

Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com

Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.

Ken Vercammen's NJ Laws email newsletter September 12, 2006 E222

In this issue:
1. Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies
2. Spine Injuries in Accidents
3. Inadequate Security and Liability for Criminal Attack
4. Plea Requires Defendant to Admit Essential Element of Offense.
5. New webpage: Alimony and Child Support in New Jersey
_________________

1. Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies

Kenneth Vercammen & Associates Law Office help people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured.

In order to recover damages in most in a car Personal Injury case, the plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories: 1. Death; 2. Dismemberment; 3. Significant disfigurement or significant scarring; 4. Displaced fracture; 5. Loss of a fetus; 6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

At the trial, the Judge will read the "formal instructions" to the Jury. They are called Request to Charge. The Request to Charge in an accident case was revised recently.
Disfigurement or permanent injury required in car accident cases where the lawsuit threshold applies. More information at:
http://www.njlaws.com/disfigurement_or_permanent_injury_in_car_accident.htm

2. Spine Injuries in Accidents
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests.

Even in a low impact accident, there can be a back injury. According to medical journal excerpts:
1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Source: Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.

2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Source: Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.

3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma. The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."

It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important."
Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.
4) "The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury."
More information at: http://www.geocities.com/kenvnjlaw/Spine_Injuries_In_Acc.htm

3. Inadequate Security and Liability for Criminal Attack
Many people are injured when attacked on a business property, when the property owner fails to provide adequate security. Injured persons may be able to recover damages plus payment of medical bills. The New Jersey Supreme Court in Kuzmicz v. Ivy Hill Park Apartments, 147 N.J. 510. (1997) reviewed liability for injuries suffered by people attacked. The duty of landowners for injuries that occur on their premises, the analysis no longer relies exclusively on the status of the injured party. Instead "[t]he issue is whether, 'in light of the actual relationship between the parties under all of the surrounding circumstances,' the imposition of a duty on the landowner is 'fair and just.'" Brett v. Great Am. Recreation, 144 N.J. 479, 509 (1996) (quoting Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 438 (1993)). For off-premises liability, the issue is substantially the same. In both contexts, however, the analysis is fact-sensitive.
http://www.geocities.com/kenvnjlaw/Inadequate_security.htm

4. Plea Requires Defendant to Admit Essential Element of Offense. State v. Piniero ___ NJ Super. ___ A4764-02T4 (App. Div. April 19, 2006).
The defendant's guilty plea to absconding from parole lacked a factual basis. Although the trial judge properly questioned the defendant to independently satisfy himself that there was a factual basis for the plea and although the defendant was "difficult," the judge should have refused to accept the plea when it became clear that the defendant denied an essential element of the offense.
Source: 15 NJL 913.

5. New webpage: Alimony and Child Support in New Jersey
NJ Court Rules which apply to all Divorce, alimony and child support cases
RULE 5:7. DIVORCE, NULLITY, SEPARATE MAINTENANCE (Child Support and Alimony)

http://www.geocities.com/kenvnjlaw/Alimony_Child_Support.htm
_____________________________

Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.


Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.

Ken Vercammen's NJ Laws email newsletter September 19, 2006 E223

1. Open Public Records Act (OPRA) Bars $55 Fee For Edison Computer Records
2 DNA test Can be Compelled on Juveniles Already Delinquent
3. Evidence Rule 104 Hearing Required on admissibility of Confessions
4 Off Duty Conduct Can Require Forfeiture of Office.
5 Intent to Obtain Prescription Drug Can be Forgery
6 Public Defender is Employee Protected by CEPA
7 Requiring felons to provide sample DNA Act Constitutional and Not Penal
8 Each Lie is Not Separate Insurance Fraud
9 Even Public Defenders Require Motion For a Substitute of Counsel
10. New webpage: Quasi criminal rights
11 Upcoming events:

1. Open Public Records Act (OPRA) Bars $55 Fee For Edison Computer Records. Libertarian Party of Central NJ v. Murphy 384 NJ Super. 136 (App Div. 2006).

The $55 fee charged to plaintiffs for a computer diskette containing the minutes of the township council meetings violates the OPRA. Source: 184 NJLJ 46.


2 DNA test Can be Compelled on Juveniles Already Delinquent. AA v. Attorney General of New Jersey

384 NJ Super. 67 (App Div. 2006)
The "special law enforcement concerns" advanced by the DNA Database and Data bank Act of 1994, N.J.S.A. 53:1-20.17, et seq., support the application of the "special needs" exception to the requirement of a warrant for a search. The database and data bank authorized by the Act advance the State's compelling interest in deterring and detecting recidivism, at least when applied to adults and to delinquent juveniles who are older than 14. There is no constitutional basis for a judicially created expungement remedy for relief from the Act.
Source: 15 NJLJ 708.



3. Evidence Rule 104 Hearing Required on admissibility of Confessions. State v. Elkwisni 384 NJ Super. 351 (App Div. 2006)


The record developed at the N.J.R.E. 104 hearing was insufficient to determine beyond a reasonable doubt that defendant voluntarily and knowingly waived his Miranda rights; since defendant testified at trial as to his statements to police, to bolster his defense of duress, the State's cross-examination as to the statements was proper. Source: 184 NJLJ 223.

4 Off Duty Conduct Can Require Forfeiture of Office. State v. Rodriguez 383 N.J. Super. 663 (App Div. 2006).
The off-duty conduct of defendant- police officer that led to his conviction for leaving the scene of a fatal accident sufficiently "involved and touched upon" his employment to justify the order barring him from future public employment under N.J.S.A. 2C:51-2d.
Source: 183 NJL 1172.

5 Intent to Obtain Prescription Drug Can be Forgery. State v. Felsen 383 N.J. Super. 154 (App. Div. 2006).
We hold that evidence of a defendant's intent to defraud the state's regulatory program concerning the dispensing of prescription drugs by attempting to pass a forged prescription to a regulated pharmacy satisfies the statutory requirement that defendant commit the act "with purpose to defraud or injure another" under the forgery statute, N.J.S.A. 2C:21-1a. Source: NJ Law Journal February 20, 2006 p. 51.

6 Public Defender is Employee Protected by CEPA (Conscientious Employee Protection Act). Stomel v. The City of Camden 383 NJ Super. 615 (App Div. 2006)
Because the mayor did not possess the authority to terminate plaintiff's employment as a municipal public defender, and plaintiff has not shown any unconstitutional policy or custom engaged in by the city's governing body, he has failed to make a prima facie showing of § 1983 liability against the city; however, plaintiff is considered an employee for purposes of his whistle blowing claim.
Source: 183 NJLJ 1084.

7 Requiring felons to provide sample DNA Act Constitutional and Not Penal. State in Interest of L.R. 382 NJ Super. 605 (App Div. 2006).
The DNA Database and Data bank Act is not a penal statute and thus does not implicate constitutional ex post facto proscriptions; the absence of counsel at the juvenile's referee hearing was harmless since he was represented by counsel at the Superior Court proceeding that resulted in the order for a DNA sample, albeit based on the earlier offense. Source: 183 NJLJ 409.

8 Each Lie is Not Separate Insurance Fraud. State v. Fleischman 383 NJ Super. 396 (App Div. 2006).
Each lie told in support of one fraudulent claim in a single document cannot reasonably be seen as a separate act of insurance fraud under N.J.S.A. 2C:21-4.6b. Source: 183 NJLJ 862.

9 Even Public Defenders Require Motion For a Substitute of Counsel. State v. Noel ___ NJ Super. ___14-3-3626 ( Law Div. decided July 15, 2005, approved in April 11, 2006).
When the Office of the Public Defender seeks to reassign a case to a private pool attorney because of a conflict of interest, it must comply with Rule 1:11-2 or seek court approval.
Source: 184 NJLJ 372.

Editorial Assistance provided by Associate Editor James Durgana, a first year law student at Villanova University School of Law with an interest in criminal litigation. This summer he has gained valuable insight into the legal spectrum by engaging in various interactions at court proceedings, as well as honing his writing skills through document drafting while clerking at Ken Vercammen's Law Office in Edison, NJ.




11 Upcoming events:

Oct. 7 Metuchen Fair-

Oct. 7 Rat Race charity run

Oct. 7 Mike Sydor Party

Oct. 16 Edison Wills
_______

Monday, Sept 25 - Improving Driving Culture and Pedestrian Safety in NJ
Speakers: Kris Kolluri, Commissioner, Department of Transportation
Janine Bauer, Consultant to Rutgers
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
There is no fee for members to attend this meeting. For more information or to register, contact the Meetings Department at 732-249-5000, or www.njsba.com.

_____________________________

Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.


Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006" 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 car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2006. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.

Removals handled by webmaster lonekeep.com. To remove, email back & type in subject line "remove". Removals are performed by the webmaster Lonekeep once per month.


------------------------------------------------------------------------

Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
Phone: 732-572-0500
Fax: 732-572-0030
Web site: http://www.njlaws.com
E-mail: kenvnjlaws@verizon.net

Kenneth Vercammen's NJ Laws email newsletter E239 March 7, 2007

Kenneth Vercammen's NJ Laws email newsletter E239 March 7, 2007
In this issue:

In this issue:
1. Protection From Spousal Impoverishment
2. HIPAA Health Privacy Law encourages seniors to update their Power of Attorney and Living Wills
3. New criminal case: Two-stage interrogation not objectionable.
4. New webpages: Bias intimidation. 2C:16-1
_____________________________
ABA ELDER LAW COMMITTEE Newsletter March, 2007 ABA General Practice, Solo and Small Firm Division

Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA

1. Protection From Spousal Impoverishment
 
By Thomas D. Begley, Jr., Esquire
 
   In 1988, Congress passed the Medicare Catastrophic Coverage Act (MCCA).  Pub. L. No. 100-360 codified at 42 U.S.C. § 1396p(c) as amended by 42 U.S.C. § 1396r-5.  Provisions of this Act were designed to avoid impoverishing the community spouse.  For example, since October 1, 1989, the income of the community spouse is no longer deemed available to the institutionalized spouse at any time for the cost of care.  In addition, the community spouse is entitled to a Minimum Monthly Maintenance Needs Allowance (MMMNA), which may come in whole or in part from the income of the institutionalized spouse.
 
Minimum Monthly Maintenance Needs Allowance.  Under MCCA, the community spouse is entitled to a MMMNA.  N.J.A.C. 10:71-5.7(c).  For the period July 1, 2006 through June 30, 2007, the figure is $1,650.  Medicaid Communication 06-06.  This figure is adjusted on July 1 of each calendar year.  The actual income of the community spouse is subtracted from this figure.  In addition, the community spouse is allowed an “excess shelter allowance” to the extent that the living expenses of the community spouse exceed $495 dollars per month.  This figure is also adjusted as of July 1 of each calendar year.
 
   The Minimum Monthly Maintenance Needs Allowance and the excess shelter allowance combined cannot exceed $2,541.50 in 2007.  This is adjusted annually.
 
The excess shelter allowance is calculated by totaling the shelter expenses of the community spouse.  These expenses are limited to rent, a mortgage (including principal and interest), taxes and insurance, a utility standard for the individual’s utility expenses, and maintenance charges for a condominium or co-op.  N.J.A.C. 10:71-5.7.  A standard utility charge is permitted.  Medicaid Communication 05-09.  For the period October 1, 2006 through September 30, 2007, a person paying for heat is entitled to a standard allowance of $286.  A person not paying for heating fuel, but paying for utility expenses other than telephone, water, sewerage, or garbage collections is entitled to an allowance of $211, and if a person pays only for telephone, the allowance is $29.  This is adjusted annually on October 1 of each calendar year. 
 
Expansion of MMMNA.  Under N.J.A.C. 10:71-5.7(e), the MMMNA may be increased at a Fair Hearing in accordance with N.J.A.C. 10:71-8.4.  It must be established at the Fair Hearing that the MMMNA is inadequate due to exceptional circumstances resulting in financial duress.  Upon such a showing, a larger MMMNA will be substituted for as long as directed in the Fair Hearing. 
 
In E.S. v. DMAHS, OAL Dkt. No. HMA-3166-00, J.S. applied for an increase in her MMMNA based on exceptional circumstances resulting in significant financial distress.  E.S. and J.S. are married and E.S. is a Medicaid recipient.  For many years E.S. and J.S. had suffered severe medical problems and had two loans from J.S.’s 401k.  The loans were repayable at the rate of $239.10 per month.  They also had credit card bills totaling approximately $220.00 per month.  The Administrative Law Judge held and the Director agreed that this constituted exceptional circumstances resulting in significant financial duress and authorized an increase in the MMMNA in the amount of $239.10 per month to pay the 401k loan. 
 
A similar case, S.M. v. DMAHS, OAL Dkt. No. HMA-2398-01, involved S.M., who had credit card debt of approximately $22,036.30, requiring minimum payments of $455.00.  All of the debt was incurred prior to petitioner’s institutionalization.  The Administrative Law Judge found that these facts constituted exceptional circumstances resulting in significant financial duress.  The Director agreed, noting, “However, I find that repayment of the credit card debt to be an expense warranting additional income only to the extent that the debt was incurred prior to the Petitioner’s husband’s institutionalization.” 
 
Community Spouse Resource Allowance.  For individuals institutionalized on or after September 30, 1989, MCCA provides for the pooling and division of the couple’s total resources and allows the community spouse to retain a Community Spouse Resource Allowance (CSRA) as a protection against impoverishment.
 
The CSRA is composed only of countable resources.  The community spouse is entitled to one-half of the couple’s pooled countable resources.  For 2007, there is a minimum of $20,238 and a maximum of $101,640.  Some states have adopted the top figure ($101,640) as a maximum and minimum resource allowance.  New Jersey has not done so. 
 
If a court of competent jurisdiction has entered an order that the community spouse is to receive greater resources than that authorized by Medicaid, the court ordered amount is recognized as the community spouse’s share.  N.J.A.C. 10:71-4.8(a)4.  Medicaid will not recognize a divorce that it perceives to be a “Medicaid divorce” done simply for purposes of expanding the CSRA.
 
The snapshot of the couple’s resources is taken as of the first day of the first month of the first period of continuous institutionalization beginning on or after September 30, 1989.  The individual is entitled to a resource assessment as of the beginning of the continuous period of institutionalization.  42 U.S.C. § 1396r-5(c)(1)(B).  N.J.A.C. 10:71-4.9.  The regulations differentiate between types of facilities for purposes of deeming whether an individual is “institutionalized.”  In regulation N.J.A.C. 10:71-4.10(b)2, individuals are not presumed “institutionalized” if they are residing in an acute care general hospital.  Individuals are to be deemed institutionalized, on the other hand, if they are residing in a Medicaid-certified nursing facility, an intermediate care facility for the mentally retarded, a licensed special hospital, and a Title XIX psychiatric hospital (if he or she is under age 21 or over age 65).  Individuals can also be deemed to be institutionalized if they are applying for benefits under a home and community-based waiver program.
 
The assessment of the couple’s resources can be made upon request of either party in accordance with N.J.A.C. 10:71-4.9 or at the time of application for Medicaid benefits.  The community spouse’s share is determined as of the first moment of the first day of the month of the current period of institutionalization.  N.J.A.C. 10:71-4.8(a).  A continuous period of institutionalization is broken by absences from the institution for 30 consecutive days.  N.J.A.C. 10:71-4.8(a)7.
 
The Medicaid statute is silent as to the treatment of resources acquired between the date of institutionalization and the application for Medicaid. The practice in New Jersey, however, is to take a second snapshot at the time of Medicaid application.
 
Expansion of Community Spouse Resource Allowance.  A hearing may be requested for purposes of increasing the CSRA if it is necessary to raise the community spouse’s income to the level of the MMMNA.  42 U.S.C. § 1396r-5(e)(2)(C).  N.J.A.C. 10:71-5.7(d).  The theory is that if the community spouse’s income is below the MMMNA, the community spouse should be given additional assets to invest to make up the deficiency in income. 
 
Whether the community spouse must first look to the income of the institutionalized spouse to make up the deficiency has been questioned.  The language in N.J.A.C. 10:71-5.7(d) “when the institutionalized individual’s income is insufficient to provide the maximum authorized deduction for the community spouse,” requires that the community spouse look first to the income of the institutionalized spouse.  This is known as the “income first” rule.  The Deficit Reduction Act § 6013 makes clear that the “income first” rule applies in all states. 
 
In a case of first impression, the U.S. District Court of Appeals held that Social Security payments are non-assignable, and even if a state adopts an income first rule it cannot apply it to Social Security benefits.  Robbins v. DeBuono, 218 F.3d 197 (2d Cir. 2000).  However, a subsequent U.S. District Court case reached the opposite conclusion, Ruck v. Novello, 295 F. Supp.2d 258 (W.D. N.Y. 2003), and a Massachusetts court held that deeming of the institutionalized spouse’s Social Security for the community spouse does not violate the anti-alienation provisions of the Social Security Act.  42 U.S.C. § 407a.  The Massachusetts court held that the Social Security Act protects benefits from “execution, levy, attachment, garnishment, and other judicial process.”  The court held Robbins to be “unpersuasive.”  Bianconi v. Preston, D. Mass., Civil Action No. 03-30268-MAP, August 23, 2005. 
 
In S.N. v. DMAHS, OAL Dkt. No. HMA-7382-00, Mr. and Mrs. N. had countable assets totaling $53,664.00.  The CSRA was $26,832.  The applicable MMMNA was $1,383.  Petitioner’s total monthly income was $1,070.00.  Mrs. N.’s total monthly income was $419.00.  They had a shelter expense of $781.00.  The Administrative Law Judge held that, utilizing a five percent rate of return, the monthly income generated from Mrs. N.’s share of resources is $120.00 which was a shortfall of $176.00 for June 2000 and $193.00 for July 2000.  The ALJ held that Mrs. N. was entitled to retain an additional $24,832, generating an income at five percent to make up the difference.  The Director agreed. 
 

Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Reprinted with permission-Copyright © 2007 by Begley & Bookbinder, P.C., 509 South Lenola, Building 7, Moorestown, NJ 08057


2. HIPAA Health Privacy Law encourages seniors to update their Power of Attorney and Living Wills
Kenneth Vercammen sent the following to clients recently. You may wish to edit with your applicable state law and send to your clients:
"A federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well. Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.
Powers of attorneys and Living Wills should be updated to reference this New law. More information on the HIPAA law at http://www.njlaws.com/hipaa.htm"


_____________________________


General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE
This committee focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.

To help professionals, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.

________________________________________

The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA jayfoonberg@aol.com>

3. New criminal case: Two-stage interrogation not objectionable. State v. O'Neill 388 N.J. Super. 135 (App. Div. 2006)

The court reject defendant's claim that the two tape-recorded statements he made to the police should have been suppressed because they were the product of a two-stage interrogation technique (question-first, warn-later) found to be improper by the United States Supreme Court in Missouri v. Seibert, 542 U.S. 600, 124 S. Ct. 2601, 159 L. Ed. 2d 643 (2004).


4. New webpages: Bias intimidation. 2C:16-1

Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense

http://www.geocities.com/kenvnjlaws1/BiasIntimidation.htm

"ESTATE PLANNING / GUARDIANSHIP INTERVIEW FORM

http://www.geocities.com/kenvnjlaw/EstatePlanningForm.htm


REDUCING STRESS FOR BUSINESS PEOPLE AND PROFESSIONALS THROUGH RUNNING

http://www.geocities.com/kenvnjlaw/RelieveStressRunning.htm

Careless driving Requires the State to provide the vehicle was operated by the defendant carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.
http://www.geocities.com/kenvnjlaw/CarelessDrivingProof.htm
_____________________________

Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1

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

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

Kenneth Vercammen's NJ Laws email newsletter E241 April 12, 2007

Kenneth Vercammen's NJ Laws email newsletter E241 April 12, 2007
In this issue:
1 Nurse may be required to testify in DWI
2. Customer not guilty of shoplifting if billing dispute
3. Eden 5k Running Race April 15, 2007
4. NUTS & BOLTS OF ELDER LAW Monday, April 23, 2007



1 Nurse may be required to testify in DWI 02-09-07 State of New Jersey v. Robert C. Renshaw A-0712-05T1
The Court that the admission in evidence of the Uniform Certification for Bodily Specimens Taken in a Medically Acceptable Manner, pursuant to N.J.S.A. 2A: 62A-11, without the opportunity for cross-examination of the nurse who drew the blood, and over the objection of defendant, runs afoul of the right of confrontation protected both by the United States and the New Jersey Constitutions.

2. Customer not guilty of shoplifting if billing dispute
02-02-07 State of New Jersey v. Adam Goodmann A-1447-05T1
The court held that a customer who, following a billing dispute with Walgreens regarding the cost of photo processing, takes the finished photographs without paying for them, but gives his name and address to the store manager, cannot be found guilty of shoplifting. Photo processing constitutes a service, and therefore, Walgreens was not acting as a "merchant" when it contracted to develop the customer's film. Further, the photographs that Walgreens produced were not "merchandise," because they lacked value to anyone other the customer and were not salable.
The court also held that a customer, engaged in a billing dispute, who left contact information so that the dispute could be settled, cannot be found to have "purposely" taken possession of the "merchandise" with the intention of converting the same to his own use without "paying to the merchant the full retail value thereof."


3. Eden 5k Running Race April 15, 2007
Sunday (rain or shine)
5K: 9:00 AM Start
USATF-NJ Grand Prix Event (500 points)
Princeton Forrestal Village
Rt. 1 & College Rd W,
100 College Rd E
Princeton, NJ 08540-6613
* Food and refreshments
* Awards to 5K age-category and group team winners: 1st, 2nd and 3rd place
JOIN THE CHAMPION RVRR/KEN VERCAMMEN TEAM!
New runners and slower runners invited. Maximum number of runners per team- 21. when
* Relatively flat course
* T-Shirts (while they last)
* Water stops
* Group teams comprised of at least 4 participants welcome *
* Walkers and families welcome!
* Baldasari and Leestma timers
* USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event (500 points)

RACE HOTLINE: 609.631.9211 or fennelly@fennelly.com (Jerry Fennelly)
http://www.raceforum.com/04/eden.pdf


4. NUTS & BOLTS OF ELDER LAW
Monday, April 23, 2007
Ideal for attorneys, accountants, financial planners and other professionals
A basic introduction to elder law, from wills, powers of attorney and living trusts, to tax considerations, estate administration, and long-term care insurance - featuring sample forms, documents, and checklists!

Presented in cooperation with the NJSBA Elder & Disability Law Section
and NJSBA Young Lawyers Section

Ideal for attorneys, accountants, financial planners and other professionals
Monday, April 23, 2007
5:30 PM to 9:30 PM
Hilton Garden Inn, Edison / S578i-13166


http://www.njicle.com/seminar.aspx?sid=234

Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society.
This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice. Register today!
EVERYTHING YOU NEED TO KNOW ABOUT ELDER LAW, INCLUDING...
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations
Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital
deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning in Light of Federal Medicaid Reform
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
• Fair Hearing
• Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
• Guardianship

Sponsored by New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of: 
The New Jersey State Bar Association
, Rutgers - The State University of New Jersey,
Seton Hall University 
One Constitution Square, New Brunswick, New Jersey 08901-1520
For costs and registration information, call
Phone: (732)214-8500
Fax: (732)249-0383 • CustomerService@njicle.com •
_____________________________

Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1

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

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court