Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate 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.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Friday, April 27, 2007

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