Tracy Coleman NJ

 

Tracy Coleman

 Tracy Coleman - Office Manager since 1999

 

DUTIES OF EXPERIENCED PARALEGALS AND EXPERIENCED SECRETARIES

LITIGATION
*Initial client interview and follow-up
*File organization, including investigation, witness interviews, photography, medical reports, and wage analysis
*Draft pleadings such as complaints, third-party complaints, answers motions, and discovery requests and responses
*Assist in arrangements for depositions including the preparation of proposed questions; attend depositions with the attorney; digest/summarize depositions
*Prepare calculations during attorney settlement negotiations and draft settlement documents.
*Prepare file for trial, schedule witnesses and experts for testifying at trial
*Organize the trial notebook
*Attend the trial with the attorney to organize exhibits, retrieve documents, assist with witnesses, note developments in the case, monitor and maintain a list of documents and exhibits used by both sides
*Maintain a docket, calendar, and tickler system

PLAINTIFF PERSONAL INJURY
*Accident investigation and witness contacts
*Medical & evidence review
*Submitting the case to insurance adjusters
*Preparation of complaint, service on defendants
*Answering & serving interrogatories
*Propounding other discovery requests
*Interview clients prior to court and deposition
*Attend depositions
*Prepare and answer motions
*Prepare arbitration summary and attend arbitration and settlement conferences
*Attend trial and calendar call as bench assistant

COMPLEX LITIGATION
*Handling document control: analysis, organization, indexing, and general maintenance.
*Assisting in conducting/preparing for the production of documents
*Examining public records/documents
*Arranging and attending depositions with the attorney
*Digesting and indexing depositions
*Researching factual and statistical data and preparing analyses
*Drafting Pleadings, such as requests and answers to requests for admissions; interrogatories and answers to interrogatories; routine notices, motions, petitions, affidavits, and certifications
*Maintaining docket, calendar, and tickler system
*Assisting in preparation of legal memoranda/briefs: proofreading, cite checking, Shepardizing.
*Assisting in preparation of trial book.
*Organizing and preparing exhibits for trial
*Digestion and indexing trial transcripts

CRIMINAL PRACTICE
* Prepare requests for discovery
* Coordinate trial with client and witnesses
*Prepare briefs and motions

WILLS, TRUSTS AND ESTATES
Pre-mortem planning:
*Interviewing clients; gathering information concerning family history, assets, and liabilities
*Drafting of wills, trusts, powers of attorney, and living wills from preliminary stages to finalization

Estate administration
*Attending initial client conference for discovery of assets, liabilities, and background information required
*Preparing probate documents
*Scheduling and attending safe-deposit box inventories
*Arranging for appraisals of decedents assets, which may include real estate, jewelry, automobiles, antiques, art collections, personal, property, and household furnishings
*Valuing securities either by in-house means or arranging for valuation by stockbroker assistance. *Preparing and filing (if required) an estate inventory
*Maintaining estate financial accounts and records
*Correspondence pertaining to all aspects of estate administration
*Review estate financial records for determination of timely payments of estate expenses and distribution of assets to beneficiaries to effect tax savings
*Preparing formal or informal accountings of estate or trust administration from preliminary drafts to finalization
*Distribution and/or sale of securities by preparing necessary sale or transfer papers and working with broker to transfer agents
*Preparing necessary documents for beneficiaries signature to effect distribution of assets and to release fiduciary's liability

REAL ESTATE
*Preparing a draft of the contract of sale for review by the attorney
*Obtaining and forwarding to purchasers attorney for review prior to closing such items as back-title information; water, sewer, oil, and tax bills; current mortgage payoff information; and the Certificate of Occupancy for the closing
*Coordinating date, time, and place of closing with all parties
*Preparing closing documents: deed, affidavit of title, Real Estate Settlement Procedures Act. (RESPA) and settlement statements, note, and mortgage, if taken back by the seller
*Attend closing
*Post-closing follow-up

When the purchaser is the attorneys client, the paralegal¹s responsibilities may include the following:
*Preparing or reviewing contract
*Obtaining and reviewing back-title information
*Arranging for survey, termite inspection, structural inspection including radon, if necessary, obtaining flood certification, title insurance binder, mortgage payoff statements, home owners insurance policy
*Coordination closing with the lender; fulfilling all lenders requirements and forwarding all documents for review prior to the closing date. This includes preparation of affidavits, releases, notes, mortgages, RESPA statements, and notices of settlement
*Coordinating closing with all parties
*Preparing final closing documents including 1099B and filing same with IRS.
*Attending closing
*Post-closing follow-up
Forwarding original documents for recording
Forwarding check for mortgage payoff, pay off all outstanding liens, final letter to title
company requesting policy, payment of all taxes and sewer charges
Forwarding canceled mortgage to sellers attorney
Obtaining title policy, then forwarding to client
Forwarding mortgage to mortgage company

CORPORATE
*Drafting and filing certificates or articles of incorporation, and subsequent amendments, together with preliminary preparations of incorporation such as name clearance and reservation
*Drafting Bylaws

Partnership tasks may include:
*Drafting partnership agreements
*Drafting and filing limits partnership certificates and subsequent amendments

COMMERCIAL LITIGATION

*Evidence review and organization
*Contact with witnesses
*Preparation of pleadings
*Preparation for trial

 

Tommy Hilfiger Shoplifting defenses NJ

Tommy Hilfiger Shoplifting defenses Shoplifting Defenses The state must prove the Defendant had the knowing intent to commit a criminal act in a shoplifting case. Sometimes the defendant was not aware that there was a criminal act being committed because of mental issues. NJSA 2C: 4-2. Evidence of mental disease or defect admissible when relevant to element of the offense. Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense. Criminal Indictable and Disorderly Offense Penalties Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court Jail 2C: 43- 8 jail 6 month maximum probation 1-2 year community service 180 days maximum mandatory costs, VCCB and other penalties Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter. Indictable Criminal Penalties [Felony type] [ Superior Court] Jail potential Fine max Probation 1st degree 10- 20 years $200,000 [presumption of jail] 2nd degree 5-10 years $150,000 [presumption of jail] 3rd degree 3- 5 years $15,000 1 year- 5 year 4th degree 0- 18 months $10,000 1 year- 5 year The NJ Model Jury charges set forth the elements of SHOPLIFTING [CONCEALMENT] (N.J.S.A. 2C: 20-11b(2)) The statute provides in pertinent part that it is a crime for: any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. In order for the finder of fact to find the defendant guilty of shoplifting, the State must prove each of the following elements beyond a reasonable doubt: 1. that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by (name of commercial establishment); 2. that (name of commercial establishment) was a store or other retail mercantile establishment; and 3. that defendant did so with the purpose of depriving the merchant of the processes, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the value thereof. The first element that the State must prove beyond a reasonable doubt is that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by any store or other retail establishment. The term conceal means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.1 The term merchandise means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.2 A person acts purposely with respect to the nature of his or her conduct or a result of his conduct if it is the persons conscious object to engage in conduct of that nature or to cause such a result. That is, a person acts purposely if he or she means to act in a certain way or to cause a certain result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist.3 1 N.J.S.A. 2C:20-11a(6). 2 N.J.S.A. 2C:20-11a(3). 3 N.J.S.A. 2C:2-2(b)(1). Purpose is a state of mind. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce witnesses to testify that an accused said he/she had a certain state of mind when he/she engaged in a particular act. It is within the fact finders power to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of his/her acts and his/her conduct, and from all he/she said and did at the particular time and place, and from all of the surrounding circumstances. The third element that the State must prove beyond a reasonable doubt is that defendant acted with the purpose of depriving the merchant of the processes, use or benefit of such merchandise [OR converting such merchandise to his/her use] without paying the merchant the value of the merchandise. WHEN OFFENSE CHARGED REQUIRES A PURPOSEFUL OR KNOWING STATE OF MIND, CONTINUE CHARGE AS FOLLOWS: Although the statute refers to mistake of fact or law as a defense, caselaw makes it clear that it is not genuinely a defense at all: instead, it is an attack on the prosecutions ability to prove the requisite mental state for at least one objective element of the crime. State v. Sexton, 160 N.J. 93, 99-100 (1999). Since it is obviously impossible for any single charge to explain precisely how the offered defense plays into the element[s] of every possible offense that mistake of fact or law could apply to (Sexton, 160 N.J. at 106), and at best can offer a more general charge on the subject of mistake of fact or law (State v. Pena, 178 N.J. 297, 319 (2004)), this model charge is organized by reference to the state of mind under N.J.S.A. 2C:2-2b contained in the offense charged by the State, and then by the degree to which the mistake of fact or law exonerates or mitigates the defendants guilt. As always, the trial court must tailor the precise type of mistake that defendant relies on to the facts of the particular crime or offense charged and the facts adduced at trial. State v. Concepcion, 111 N.J. 373, 379-380 (1988). 2 Since even an unreasonable mistake can negate the required state of mind for the charged offense, the statutory requirement that the defendant reasonably arrived at the conclusion underlying the mistake was eliminated and, therefore, is not referred to in this model charge. Sexton, 160 N.J. at 105; Pena, 178 N.J. at 306. 3 Sexton, 160 N.J. at 100; Pena, 178 N.J. at 306. STATE OF MIND Purpose/knowledge/intent/recklessness/negligence is/are condition(s) of the mind, which cannot be seen and can only be determined by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. It is the fact finders job to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of his/her acts and his/her conduct, and from all he/she said and did at the particular time and place, and from all of the surrounding circumstances. PRESUMPTION OF INNOCENCE This defendant(s), as are all defendants in criminal cases, is presumed to be innocent until proven guilty beyond a reasonable doubt. REASONABLE DOUBT The prosecution must prove its case by more than a mere preponderance of the evidence, yet not necessarily to an absolute certainty. The State has the burden of proving the defendant guilty beyond a reasonable doubt. A reasonable doubt is an honest and reasonable uncertainty in your minds about the guilt of the defendant after you have given full and impartial consideration to all of the evidence. A reasonable doubt may arise from the evidence itself or from a lack of evidence. It is a doubt that a reasonable person hearing the same evidence would have. Proof beyond a reasonable doubt is proof, for example, that leaves you firmly convinced of the defendants guilt. In this world, we know very few things with absolute certainty. In criminal cases the law does not require proof that overcomes every possible doubt. 2C:20-11 b.Shoplifting. Shoplifting shall consist of any one or more of the following acts: (1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof. (2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. (3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof. (4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof. (5 )For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof. (6 )For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart. c.Gradation. Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more. (2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000. (3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500. (4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200. The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days. d. Presumptions. Any person purposely concealing uppercased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise. Copyright 2016 Vercammen Law More info at http://www.njlaws.com/shoplifting.html

TJ Maxx Shoplifting defenses

TJ Maxx Shoplifting defenses Shoplifting Defenses The state must prove the Defendant had the knowing intent to commit a criminal act in a shoplifting case. Sometimes the defendant was not aware that there was a criminal act being committed because of mental issues. NJSA 2C: 4-2. Evidence of mental disease or defect admissible when relevant to element of the offense. Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind, which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect, which would negate a state of mind, which is an element of the offense. Criminal Indictable and Disorderly Offense Penalties Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court Jail 2C: 43- 8 jail 6 month maximum probation 1-2 year community service 180 days maximum mandatory costs, VCCB and other penalties Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter. Indictable Criminal Penalties [Felony type] [ Superior Court] Jail potential Fine max Probation 1st degree 10- 20 years $200,000 [presumption of jail] 2nd degree 5-10 years $150,000 [presumption of jail] 3rd degree 3- 5 years $15,000 1 year- 5 year 4th degree 0- 18 months $10,000 1 year- 5 year The NJ Model Jury charges set forth the elements of SHOPLIFTING [CONCEALMENT] (N.J.S.A. 2C: 20-11b(2)) The statute provides in pertinent part that it is a crime for: any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. In order for the finder of fact to find the defendant guilty of shoplifting, the State must prove each of the following elements beyond a reasonable doubt: 1. that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by (name of commercial establishment); 2. that (name of commercial establishment) was a store or other retail mercantile establishment; and 3. that defendant did so with the purpose of depriving the merchant of the processes, use, or benefit of such merchandise [OR of converting such merchandise to his/her use] without paying the merchant the value thereof. The first element that the State must prove beyond a reasonable doubt is that defendant purposely concealed upon his person or otherwise any merchandise offered for sale by any store or other retail establishment. The term conceal means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.1 The term merchandise means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.2 A person acts purposely with respect to the nature of his or her conduct or a result of his conduct if it is the persons conscious object to engage in conduct of that nature or to cause such a result. That is, a person acts purposely if he or she means to act in a certain way or to cause a certain result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist.3 1 N.J.S.A. 2C:20-11a(6). 2 N.J.S.A. 2C:20-11a(3). 3 N.J.S.A. 2C:2-2(b)(1). Purpose is a state of mind. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce witnesses to testify that an accused said he/she had a certain state of mind when he/she engaged in a particular act. It is within the fact finders power to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of his/her acts and his/her conduct, and from all he/she said and did at the particular time and place, and from all of the surrounding circumstances. The third element that the State must prove beyond a reasonable doubt is that defendant acted with the purpose of depriving the merchant of the processes, use or benefit of such merchandise [OR converting such merchandise to his/her use] without paying the merchant the value of the merchandise. WHEN OFFENSE CHARGED REQUIRES A PURPOSEFUL OR KNOWING STATE OF MIND, CONTINUE CHARGE AS FOLLOWS: Although the statute refers to mistake of fact or law as a defense, caselaw makes it clear that it is not genuinely a defense at all: instead, it is an attack on the prosecutions ability to prove the requisite mental state for at least one objective element of the crime. State v. Sexton, 160 N.J. 93, 99-100 (1999). Since it is obviously impossible for any single charge to explain precisely how the offered defense plays into the element[s] of every possible offense that mistake of fact or law could apply to (Sexton, 160 N.J. at 106), and at best can offer a more general charge on the subject of mistake of fact or law (State v. Pena, 178 N.J. 297, 319 (2004)), this model charge is organized by reference to the state of mind under N.J.S.A. 2C:2-2b contained in the offense charged by the State, and then by the degree to which the mistake of fact or law exonerates or mitigates the defendants guilt. As always, the trial court must tailor the precise type of mistake that defendant relies on to the facts of the particular crime or offense charged and the facts adduced at trial. State v. Concepcion, 111 N.J. 373, 379-380 (1988). 2 Since even an unreasonable mistake can negate the required state of mind for the charged offense, the statutory requirement that the defendant reasonably arrived at the conclusion underlying the mistake was eliminated and, therefore, is not referred to in this model charge. Sexton, 160 N.J. at 105; Pena, 178 N.J. at 306. 3 Sexton, 160 N.J. at 100; Pena, 178 N.J. at 306. STATE OF MIND Purpose/knowledge/intent/recklessness/negligence is/are condition(s) of the mind, which cannot be seen and can only be determined by inferences from conduct, words or acts. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. It is the fact finders job to find that such proof has been furnished beyond a reasonable doubt by inference, which may arise from the nature of his/her acts and his/her conduct, and from all he/she said and did at the particular time and place, and from all of the surrounding circumstances. PRESUMPTION OF INNOCENCE This defendant(s), as are all defendants in criminal cases, is presumed to be innocent until proven guilty beyond a reasonable doubt. REASONABLE DOUBT The prosecution must prove its case by more than a mere preponderance of the evidence, yet not necessarily to an absolute certainty. The State has the burden of proving the defendant guilty beyond a reasonable doubt. A reasonable doubt is an honest and reasonable uncertainty in your minds about the guilt of the defendant after you have given full and impartial consideration to all of the evidence. A reasonable doubt may arise from the evidence itself or from a lack of evidence. It is a doubt that a reasonable person hearing the same evidence would have. Proof beyond a reasonable doubt is proof, for example, that leaves you firmly convinced of the defendants guilt. In this world, we know very few things with absolute certainty. In criminal cases the law does not require proof that overcomes every possible doubt. 2C:20-11 b.Shoplifting. Shoplifting shall consist of any one or more of the following acts: (1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof. (2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof. (3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof. (4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof. (5 )For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof. (6 )For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart. c.Gradation. Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more. (2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000. (3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500. (4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200. The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days. d. Presumptions. Any person purposely concealing uppercased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise. Copyright 2016 Vercammen Law More info at http://www.njlaws.com/shoplifting.html

Timothy Holzman NJ

Timothy Holzman

Objective: To obtain an internship in the criminal justice field in order to broaden my view of future career goals and put my strong work ethic to use Education: Seton Hall University, South Orange, NJ Bachelor of Arts in Political Science, Expected May ‘09 Minor- Criminal Justice Cumulative GPA of 3.5 Honors: Dean’s list, all semesters Work Experience: Research Management Strategies, New Brunswick, NJ Financial Analysis/Research Intern, December 06’- February 07’ • Learned the essential skills and attributes for running a successful political campaign • Assessed finances for Democratic parties in terms of most significant contributors using Microsoft Excel • Analyzed the results of previous election primaries in order to understand the concentration of democratic voters • Canvassed areas in the most democratic counties providing information to increase awareness and gain interest of voters Homefix Corp, South Orange, NJ Canvasser/Salesman, September 06’ – August 07’ • Sold home improvements on windows, siding, and/or roofing • Received extensive instruction on sales pitching and interacting with people • Sold various estimates and provided excellent customer service by explaining to customers the benefits of the company Avon Tax Collector’s Office, Avon, CT Paid Intern, June 06’ – September 06’ • Handled various financial issues including the validation of checks as well as the observation of residents’ tax paying • Completed various miscellaneous mathematical assignments applying different interest rate equations to delinquent tax payers Special Skills: Proficient in Spanish Proficient in Microsoft Word, Excel, and Power Point, Internet Explorer Activities: Relay for Life, Basketball/Soccer Intramurals

then Highland Park Municipal Court Prosecutor Phil George Speaks About Hate Crime NJ

then Highland Park Municipal Court Prosecutor Phil George Speaks About Hate Crime

Piscataway and Highland Park Prosecutor Phil George was the speaker at the May meeting of the Middlesex County Bar Municipal Court Practice Committee. The program was The New Hate and Bias crimes law. Pictured here: Prosecutor Phil George and Municipal Court Committee Chair Kenneth Vercammen

The Sam Smith Award Was Awarded to Jay Foonberg NJ

The Sam Smith Award Was Awarded to Jay Foonberg

The Sam Smith Award was awarded to Jay Foonberg, author of How to Start and Build a Law Practice at the LPM Section Gathering on August 9 at the ABA Annual Meeting. In photo, Kenneth Vercammen congratulates Mr. Foonberg, with Law Practice Management 2007-2008 Chair Vedia Jones- Richardson. The Sam Smith Award, the highest honor bestowed by the ABA Law Practice Management Section, was established in 1999 on the occasion of the Section’s 25th Anniversary. The award recognizes an individual who has demonstrated outstanding lifetime achievement in the field of law practice management. Mr. Foonberg also was one of the speakers with Kenneth Vercammen on Elder Law 2007- Changes in the law and Expanding an Elder Law Practice at the American Bar Association 2008 Annual Meeting in San Francisco. Mr. Foonberg’s Best selling books are available at http://www.foonberglaw.com. I highly recommend How to Get and Keep Good Clients, 3rd edition (8 hour Audio CD Series) ©2007 Join the hundreds of thousands of lawyers who have benefited from Mr. Foonberg's sharing of information. Any one chapter or idea can immensely improve your practice income and your life. The 8 hours of CD's are designed to teach you how to get and keep good clients. No need to take notes. Just listen as you drive or commute. You will want to replay the information again and again and share it with others in your office. You'll be able to immediately use what you learn and put into effect these marketing success tips."Best selling author and acknowledged marketing ace Jay Foonberg gives practice-proven tips and systems that you can use for long-range and immediate marketing success. This information is not theoretical. Foonberg encourages you to try different marketing approaches in order to develop your own winning personal style. This is practical information you can put to use right away. You'll find hundreds of useful suggestions to help you grow your practice, and improve the way you do business day to day. The end result is a more client-focused, efficient, and profitable practice with everything pointed in the right direction. Included: "Foonberg's Favorite 51 Rules of Good Client Relations for the Busy Lawyer" "How Turning Down my First Case Led to 19 Cases" "How to Handle People Who Hate Lawyers or the Legal System" "Fee Allocation Formulas to Encourage Marketing" Numerous sample letters, homespun advice, and personal experiences And much, much more! Put Jay Foonberg's over forty years of successful personal experience in the practice of law and in the continuing education field to work for you. You'll find his advice practical and understandable as he presents even the most complex theories in a simple easy-to-learn and easy-to apply fashion. Jay believes any person can have a successful career, and have a life with high income and free of non meritorious complaints if that person is willing to learn and willing to make the simples changes he suggests."Learn what you are doing right and what you may have to change if you sincerely want to increase your income and your practice for the benefit of your clients, your staff and your family.?Included with the 8 hours of lecture materials is a Forms Supplement in Word. Format: 8 hour Audio CD Series?Price: $179.95 http://www.foonberglaw.com

The Nuts and Bolts of Elder Law 2002 Seminar NJ

The NUTS & BOLTS of Elder Law 2002 seminar on April 11 From ICLE featured the following speakers:

Martin A. Spigner, Esq. Kenneth A. Vercammen, Esq. Authors: "Answer to Questions About Probate" Thomas Begley, Jr. Katheleen Browning, Esq. The 382 page book and seminar audiotapes are available from: New Jersey Institute for Continuing Legal Eduacation 1 Constitution Square New Brunswick, NJ 08901-1520 Phone: (732) 214-8500 Fax: (732) 249-0383 email: customerservice@njicle.com website: http://www.njicle.com

The New Alcotest 7110 Alcohol Breath Testing Machine RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991) NJ

The New Alcotest 7110 Alcohol Breath Testing Machine RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991

MARCH 29, 2005 Speakers: RICHARD SAFERSTEIN, Ph.D., Forensic Science Consultant Former Chief Forensic Scientist for the New Jersey State Police (1970-1991) PETER H. LEDERMAN, ESQ., Co-Counsel, State v. Foley Dennis Auciello, Past President, Middlesex County Bar Association Moderator: Kenneth Vercammen, Esq., Chair, MCBA Municipal Court Practice Committee The seminar focused on the following: How the Alcotest 7110 Evidential Breath Test Machine Works Issues Raised in State v. Foley Strategies for Litigating Breath Test Cases in Middlesex County

The Fifth Amendment - "To Take the Fifth" NJ

The Fifth Amendment - "To Take the Fifth" Self-incrimination The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence. Civil or criminal proceedings Fifth Amendment protections apply wherever and whenever an individual is compelled to testify. The U.S. Supreme Court has ruled that the privilege against self-incrimination applies whether the witness is in Federal or state court (see Malloy v. Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v. Arndstein, 266 U.S. 34 (1924)). People have asserted the privilege in grand jury or in congressional hearings in the 1950s, where witnesses testifying before the House Committee on Un-American Activities and the Senate Internal Security Subcommittee claimed the privilege in response to questions concerning their alleged membership in the Communist Party. The amendment has also been used by defendants and witnesses in criminal cases involving the Mafia. The Supreme Court has also used the incorporation doctrine to apply the self-incrimination clause against the states under the Fourteenth Amendment. Source: http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution The New Jersey Supreme Court recognized the right of a witness to "take the 5th" if called as a witness at a trial. State of New Jersey v. P.Z. (A-21-96) - Decided November 26, 1997 The Supreme Court wrote: "The Fifth Amendment privilege against self-incrimination, made applicable to the states through the Fourteenth Amendment, provides that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.” U.S. Const. amend. V. As explained in Malloy v. Hogan, 378 U.S. 1, 8, 84 S. Ct. 1489, 1493, 12 L. Ed.2d 653, 659 (1964), the Fifth Amendment protects “the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own free will, and to suffer no penalty . . . for such silence.” It reflects our understanding that government is “constitutionally compelled to establish guilt by evidence independently and freely secured, and may not by coercion prove a charge against an accused out of his own mouth.” Ibid. In New Jersey, the privilege is derived from the common law and is codified in our statutes and rules. State v. Reed, 133 N.J. 237, 250 (1993); see N.J.S.A. 2A:84-19; N.J.R.E. 503. Its importance is not diminished by the lack of specific constitutional articulation; rather, from colonial times, “New Jersey has recognized the right against self-incrimination and has consistently and vigorously protected that right.” Reed, supra, 133 N.J. at 250. A person invoking the privilege against self-incrimination may do so “'in any . . . proceeding, civil or criminal, formal or informal, where the answers might tend to incriminate him in future criminal proceedings.'” Minnesota v. Murphy, 465 U.S. 420, 426, 104 S. Ct. 1136, 1141, 79 L. Ed.2d 409, 418 (1984) (quoting Lefkowitz v. Turley, 414 U.S. 70, 77, 94 S. Ct. 316, 322, 38 L. Ed.2d 274, 281 (1973)); Banca v. Town of Phillipsburg, 181 N.J. Super. 109, 114-15 (App. Div. 1981); see New Jersey Div. of Youth & Family Servs. v. S.S., 275 N.J. Super. 173, 179 (App. Div. 1994). However, the privilege is not self-executing under either federal or state law and must be invoked by anyone claiming its protection. Murphy, supra, 465 U.S. at 428-29, 104 S. Ct. at 1142-43, 79 L. Ed. 2d at 419-20; Reed, supra, 133 N.J. at 251. Generally, when the privilege is not asserted and the person questioned chooses to answer, the choice to respond is considered voluntary. Murphy, supra, 465 U.S. at 429, 104 S. Ct. at 1143, 79 L. Ed. 2d at 420; State v. Fary, 19 N.J. 431, 435 (1955)."

The 12 steps of AA NJ

THE TWELVE STEPS OF ALCOHOLICS ANONYMOUS We admitted we were powerless over alcoholthat our lives had become unmanageable. Came to believe that a Power greater than ourselves could restore us to sanity. Made a decision to turn our will and our lives over to the care of God as we understood Him. Made a searching and fearless moral inventory of ourselves. Admitted to God, to ourselves, and to another human being the exact nature of our wrongs. Were entirely ready to have God remove all these defects of character. Humbly asked Him to remove our shortcomings. Made a list of all persons we had harmed, and became willing to make amends to them all. Made direct amends to such people wherever possible, except when to do so would injure them or others. Continued to take personal inventory and when we were wrong promptly admitted it. Sought through prayer and meditation to improve our conscious contact with God, as we understood Him, praying only for knowledge of His will for us and the power to carry that out. Having had a spiritual awakening as the result of these Steps, we tried to carry this message to alcoholics, and to practice these principles in all our affairs. Copyright  1952, 1953, 1981 by Alcoholics Anonymous Publishing (now known as Alcoholics Anonymous World Services, Inc.) All rights reserved. Rev. 6/14 SM F-121