Kenneth Vercammen's NJ Laws email newsletter E245 May 18, 2007
In this issue:
1. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O'Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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
Tuesday, June 19, 2007
NJ Laws E243 1. Real Estate Sales 2. Yearly Insurance Review 3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable susp
Kenneth Vercammen's NJ Laws email newsletter E243
April 25, 2007
In this issue:
1. Real Estate Sales
2. Yearly Insurance Review
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion."
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level
1. Real Estate Sales
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period. Mr. Vercammen is now also a licensed real estate agent, is affiliated with Century 21, John Anthony Agency on 1815 Oak Tree Rd., Edison, NJ. Century 21 is one of the largest real estate agencies in the country. http://www.century21johnanthony.com/
If you will be selling a house, please give Kenneth Vercammen a call. Do not pay a 6% commission, but also don't rely on a 2% agency that merely lists your home on the internet, then expects you to do all the work.
SELLERS INFORMATION SHEET
The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.
The Contract of Sale
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As is", make sure they are added to the Contract before signing.
The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Read and Understand the Contract Before Signing your Contract of Sale
Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:
1. read the entire contract
2. written down your questions and posed them to your realtor
3. made sure all your requested clauses are included, such as the house being sold "as is"
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
FEE AGREEMENT BY THE SELLER'S ATTORNEY
The seller's attorney should provide the seller with a written Fee Agreement in accordance with the requirements of the Rules of Professional Conduct. Please do not be put off by the formality of this letter as it is for your protection as a consumer of legal services.
Legal fees for sales vary. We still charge a flat rate of $800 plus any costs for a simple real estate house sale where the realtor prepares the contract.
We anticipate the following will be performed by your attorney in a real estate sale:
1. Review and analyze the contract of sale during attorney review after both buyer and seller sign the contract.
2. Recommend revisions to contract if needed. However, the seller should never sign the contract if it is missing clauses or language needed by the seller.
3. Initial Office consultation if requested with client after contract is signed by both buyer and seller;
4. Request from the Seller back title, including a photocopy of the Deed, survey, title policy and mortgage payoff statement.
5. Preparation of fax letter of representation to buyer's attorney
6. Opening of file
7. Prepare Representation statement to client with request for Seller's Information Sheet
8. Review old Deed, survey
9. Forward Deed, survey, title policy to the purchaser's attorney, thus expediting the search and survey process.
10. Three (3) free calls with client
11. Three (3) telephone calls with buyers attorney and other individuals
12. Three (3) correspondence to and from buyers attorney and clients
13. Review home inspection report
14. Review other documents supplied by client and buyer's attorney;
15. Work with the purchaser's attorney in resolving possession and closing date.
16. Remind the seller to contact their mortgage company and equity loan to obtain a written payoff/ balance due on their mortgage.
17. Review Title Binder and Judgment Searches, if applicable
18. Review RESPA pre-closing, if applicable
19. Preparation of Deed, fax to buyer's attorney
20. Preparation of Affidavit of Title, fax to buyer's attorney
21. Cooperate with the purchaser's attorney in preparing the final closing statement.
22. Review the Respa, which is the Federal Real Estate Settlement Procedure Statement/ Amounts paid and to be received
23. Represent you at the closing.
24. Attend closing, execute Deed, execute Affidavit of Title
25. Assist in Preparation of 1099 tax form
26. Offer sound legal advice to client;
27. Preparation of End of Case Letter and client questionnaire.
28. Make available to client in office upon request free client case folder, Real Estate brochure, Website brochure, and other information brochures on Wills and Power of Attorney;
29. Free Brochures provided on other legal topics such as Car Insurance Rights, Worker's Comp,
30. Free subscription to monthly e-mail newsletter. Provide your email address.
31. 3 free telephone calls during the 2 years after the closing on Probate, Wills and non real estate matters.
32. Invitation to client community events.
33. Free Magnet, Keychain, Pen upon request in the office
Costs are items such as filing and recording fees, Certified or Express postage and other out of pocket expenses.
This fee does not include costs or legal fees if there are judgments against the property, probate issues, defects in title or other work requested to be performed. If this closing does not take place, you will only be responsible for the legal fees and costs incurred.
Work with your Realtor
Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection. Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.
The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.
Closing date is approximate
You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.
If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.
SELLERS INFORMATION SHEET- To be filled out by seller and returned to seller's attorney
KENNETH VERCAMMEN & ASSOCIATES, PC
1. SELLERS NAME: (as it appears on deed)
___________________________________________________________
2. Real Estate being Sold: Lot No. _________ Block No. __________
Address: __________________________________________
3. Present Mortgage Company: _____________________________
Address: ___________________________________________
Loan No. ___________________ 800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: _____________________________
Address: __________________________________________
Loan No. __________________ 800 Telephone No. ____________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good enough)
5. Social Security Number: (H) ________________ (W) ___________
6. Is any Seller age 62 or over? If so, name and date of birth: _________
7. Name, Address, Telephone number of Condominium Association, if any
_______________________________________________________
8. Type of Fuel: Gas ___________________ Oil _______________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale: _____________________________
2. Yearly Insurance Review
By Ray Pavese & Mike McCormick
Every year you should review your insurance policies to make sure you still have a policy that
meets your needs, as well as the needs of your family members and
loved ones.
One of the policies that most often gets overlooked is the life
insurance policy. Since this is often a long-term policy, most
insured individuals assume they are stuck with the same policy,
no matter what. Usually this is not the case, although it will
depend on your policy and company as to whether you receive
penalties when changing your insurance.
Even if penalties occur, changing your life insurance policy may
be essential to keeping up with your family's financial needs for
the future.
If you don't review your life insurance policy every year, you
should at least review your policy under these circumstances:
* Marriage/Divorce - Needs change depending on your marital
status. Keep this in mind as things change in your life. Even if
you don't want to change the value of your policy, you probably
want to change the beneficiary.
* Children - If you ask the majority of life insurance agents,
the major reason for changing a life insurance policy is because
of children. This is because many adults never believe they will
need extra money after death until they realize that they will
have someone preceding them in death. Children will need money
for basic food and shelter until they are 18 and possibly for a
future college fund as well. Keep that in mind, and tell others
you know that may be affected.
* An Illness - Although waiting to change your insurance policy
until you have a long-term illness will mean paying higher
premiums, it is best to at least review your policy limitations
and make necessary changes if you find out you have a potentially
life threatening illness.
If you have questions regarding a change you would like to make
on your life insurance policy, feel free to contact me anytime.
Sincerely,
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
______________________________
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion." State v. Lord Appellate Division, A-3228-05T2, October 5, 2006, not approved for publication.
Law Division order granting the defendant’s motion to suppress evidence of the results of his sobriety tests affirmed; the police officer observed the defendant’s car cross both the shoulder and center lines, and he then activated his video recorder and followed the defendant’s car for about two and a half minutes; the officer testified that, during that time, the defendant came to a full stop several times, properly used his signals when executing turns, did not speed, and properly stopped his car when the officer signaled; there was no question that the initial motor vehicle violation allowed the officer to stop the defendant; however, the Law Division properly concluded that the reasons that the officer gave for ordering sobriety tests did not give rise to a “reasonable suspicion” that the defendant had been driving while intoxicated; although the defendant had been observed violating the motor vehicle laws, his behavior did not demonstrate any further violation, and he did not exhibit any physical impairment. Source: Facts-on-Call Order No. 20296
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level. State v. Pearson Appellate Division, A-1344-05T2, September 22, 2006, not approved for publication.
Conviction following a trial de novo of driving while intoxicated affirmed; the defendant registered blood-alcohol-content levels of 0.08 and 0.09 on two Breathalyzer tests; the defendant asserted that the State had not established that the Breathalyzer was in proper working order because it was calibrated for accuracy at a 0.10 blood-alcohol-content level rather than a 0.08 level; the State Police protocols were not changed when N.J.S.A. 39:4-50 was amended to reduce the blood-alcohol-content level needed to establish a per se violation from 0.10 to 0.08, and the protocols require periodic testing with a simulator solution to establish accuracy at the 0.10 level; there was no merit to the defendant’s argument in light of the well-established principle that a Breathalyzer that is tested pursuant to the protocols and satisfies them is in proper working order and thus satisfies the State’s burden of proving that the results from the Breathalyzer, if correctly operated by a qualified operator, are reliable. Source: Facts-on-Call Order No. 20227
_____________________________
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
April 25, 2007
In this issue:
1. Real Estate Sales
2. Yearly Insurance Review
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion."
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level
1. Real Estate Sales
To better serve our Probate and Senior citizen clients, Kenneth Vercammen has taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4 hour period. Mr. Vercammen is now also a licensed real estate agent, is affiliated with Century 21, John Anthony Agency on 1815 Oak Tree Rd., Edison, NJ. Century 21 is one of the largest real estate agencies in the country. http://www.century21johnanthony.com/
If you will be selling a house, please give Kenneth Vercammen a call. Do not pay a 6% commission, but also don't rely on a 2% agency that merely lists your home on the internet, then expects you to do all the work.
SELLERS INFORMATION SHEET
The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer.
The Contract of Sale
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As is", make sure they are added to the Contract before signing.
The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Read and Understand the Contract Before Signing your Contract of Sale
Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. You should make sure these clauses are included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:
1. read the entire contract
2. written down your questions and posed them to your realtor
3. made sure all your requested clauses are included, such as the house being sold "as is"
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
FEE AGREEMENT BY THE SELLER'S ATTORNEY
The seller's attorney should provide the seller with a written Fee Agreement in accordance with the requirements of the Rules of Professional Conduct. Please do not be put off by the formality of this letter as it is for your protection as a consumer of legal services.
Legal fees for sales vary. We still charge a flat rate of $800 plus any costs for a simple real estate house sale where the realtor prepares the contract.
We anticipate the following will be performed by your attorney in a real estate sale:
1. Review and analyze the contract of sale during attorney review after both buyer and seller sign the contract.
2. Recommend revisions to contract if needed. However, the seller should never sign the contract if it is missing clauses or language needed by the seller.
3. Initial Office consultation if requested with client after contract is signed by both buyer and seller;
4. Request from the Seller back title, including a photocopy of the Deed, survey, title policy and mortgage payoff statement.
5. Preparation of fax letter of representation to buyer's attorney
6. Opening of file
7. Prepare Representation statement to client with request for Seller's Information Sheet
8. Review old Deed, survey
9. Forward Deed, survey, title policy to the purchaser's attorney, thus expediting the search and survey process.
10. Three (3) free calls with client
11. Three (3) telephone calls with buyers attorney and other individuals
12. Three (3) correspondence to and from buyers attorney and clients
13. Review home inspection report
14. Review other documents supplied by client and buyer's attorney;
15. Work with the purchaser's attorney in resolving possession and closing date.
16. Remind the seller to contact their mortgage company and equity loan to obtain a written payoff/ balance due on their mortgage.
17. Review Title Binder and Judgment Searches, if applicable
18. Review RESPA pre-closing, if applicable
19. Preparation of Deed, fax to buyer's attorney
20. Preparation of Affidavit of Title, fax to buyer's attorney
21. Cooperate with the purchaser's attorney in preparing the final closing statement.
22. Review the Respa, which is the Federal Real Estate Settlement Procedure Statement/ Amounts paid and to be received
23. Represent you at the closing.
24. Attend closing, execute Deed, execute Affidavit of Title
25. Assist in Preparation of 1099 tax form
26. Offer sound legal advice to client;
27. Preparation of End of Case Letter and client questionnaire.
28. Make available to client in office upon request free client case folder, Real Estate brochure, Website brochure, and other information brochures on Wills and Power of Attorney;
29. Free Brochures provided on other legal topics such as Car Insurance Rights, Worker's Comp,
30. Free subscription to monthly e-mail newsletter. Provide your email address.
31. 3 free telephone calls during the 2 years after the closing on Probate, Wills and non real estate matters.
32. Invitation to client community events.
33. Free Magnet, Keychain, Pen upon request in the office
Costs are items such as filing and recording fees, Certified or Express postage and other out of pocket expenses.
This fee does not include costs or legal fees if there are judgments against the property, probate issues, defects in title or other work requested to be performed. If this closing does not take place, you will only be responsible for the legal fees and costs incurred.
Work with your Realtor
Your realtor is a highly trained licensed professional. Their goal is to help you through this closing. They perform substantial work and earn the commissions of between $8,000- $16,000. In order to keep your legal fees down, you should be calling you realtor with routine questions regarding the closing. We have learned by past experience if you, your realtor or you family call your attorney's office every day, these calls are not included in the $800 fee, and there will be a charge for excess calls. The buyer is entitled to obtain a termite inspection and home inspection. Inspections are scheduled by the realtors. If the buyer requests repairs after the home inspection report is done, speak with your realtor first.
The seller is responsible for obtaining the smoke detector certificate, plus municipal certificate of occupancy if required by your town. Discuss these with your realtor. Please also arrange the walk through with your realtor.
Closing date is approximate
You should understand that the proposed closing date in the Contract is an approximate closing date. The actual closing depends upon the buyer's mortgage company issuing a commitment and a mortgage check. We do not set the closing date, that is set by the buyer's attorney. The realtor should be calling the buyer's attorney to determine time of closing and directions to the closing, not our office.
If Seller fails to timely obtain a written mortgage payoff statement, there will be an additional charge of $100.00 for the Seller's attorney to obtain the written payoff statement.
SELLERS INFORMATION SHEET- To be filled out by seller and returned to seller's attorney
KENNETH VERCAMMEN & ASSOCIATES, PC
1. SELLERS NAME: (as it appears on deed)
___________________________________________________________
2. Real Estate being Sold: Lot No. _________ Block No. __________
Address: __________________________________________
3. Present Mortgage Company: _____________________________
Address: ___________________________________________
Loan No. ___________________ 800 Telephone No. ____________
(Provide copy of payoff amount)
4. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: _____________________________
Address: __________________________________________
Loan No. __________________ 800 Telephone No. ____________
(Obtain written copy of payoff amount from bank, a verbal payoff will not be good enough)
5. Social Security Number: (H) ________________ (W) ___________
6. Is any Seller age 62 or over? If so, name and date of birth: _________
7. Name, Address, Telephone number of Condominium Association, if any
_______________________________________________________
8. Type of Fuel: Gas ___________________ Oil _______________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
9. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)
10. Address After Property Sale: _____________________________
2. Yearly Insurance Review
By Ray Pavese & Mike McCormick
Every year you should review your insurance policies to make sure you still have a policy that
meets your needs, as well as the needs of your family members and
loved ones.
One of the policies that most often gets overlooked is the life
insurance policy. Since this is often a long-term policy, most
insured individuals assume they are stuck with the same policy,
no matter what. Usually this is not the case, although it will
depend on your policy and company as to whether you receive
penalties when changing your insurance.
Even if penalties occur, changing your life insurance policy may
be essential to keeping up with your family's financial needs for
the future.
If you don't review your life insurance policy every year, you
should at least review your policy under these circumstances:
* Marriage/Divorce - Needs change depending on your marital
status. Keep this in mind as things change in your life. Even if
you don't want to change the value of your policy, you probably
want to change the beneficiary.
* Children - If you ask the majority of life insurance agents,
the major reason for changing a life insurance policy is because
of children. This is because many adults never believe they will
need extra money after death until they realize that they will
have someone preceding them in death. Children will need money
for basic food and shelter until they are 18 and possibly for a
future college fund as well. Keep that in mind, and tell others
you know that may be affected.
* An Illness - Although waiting to change your insurance policy
until you have a long-term illness will mean paying higher
premiums, it is best to at least review your policy limitations
and make necessary changes if you find out you have a potentially
life threatening illness.
If you have questions regarding a change you would like to make
on your life insurance policy, feel free to contact me anytime.
Sincerely,
Ray Pavese & Mike McCormick
Pavese-McCormick Agency, Inc.
mikem@pavesemccormick.com
______________________________
3 DWI suppression affirmed where reasons for ordering sobriety test not "reasonable suspicion." State v. Lord Appellate Division, A-3228-05T2, October 5, 2006, not approved for publication.
Law Division order granting the defendant’s motion to suppress evidence of the results of his sobriety tests affirmed; the police officer observed the defendant’s car cross both the shoulder and center lines, and he then activated his video recorder and followed the defendant’s car for about two and a half minutes; the officer testified that, during that time, the defendant came to a full stop several times, properly used his signals when executing turns, did not speed, and properly stopped his car when the officer signaled; there was no question that the initial motor vehicle violation allowed the officer to stop the defendant; however, the Law Division properly concluded that the reasons that the officer gave for ordering sobriety tests did not give rise to a “reasonable suspicion” that the defendant had been driving while intoxicated; although the defendant had been observed violating the motor vehicle laws, his behavior did not demonstrate any further violation, and he did not exhibit any physical impairment. Source: Facts-on-Call Order No. 20296
4. Defendant can be guilty of .08 DWI even though Breath machine calibrated at .10 level. State v. Pearson Appellate Division, A-1344-05T2, September 22, 2006, not approved for publication.
Conviction following a trial de novo of driving while intoxicated affirmed; the defendant registered blood-alcohol-content levels of 0.08 and 0.09 on two Breathalyzer tests; the defendant asserted that the State had not established that the Breathalyzer was in proper working order because it was calibrated for accuracy at a 0.10 blood-alcohol-content level rather than a 0.08 level; the State Police protocols were not changed when N.J.S.A. 39:4-50 was amended to reduce the blood-alcohol-content level needed to establish a per se violation from 0.10 to 0.08, and the protocols require periodic testing with a simulator solution to establish accuracy at the 0.10 level; there was no merit to the defendant’s argument in light of the well-established principle that a Breathalyzer that is tested pursuant to the protocols and satisfies them is in proper working order and thus satisfies the State’s burden of proving that the results from the Breathalyzer, if correctly operated by a qualified operator, are reliable. Source: Facts-on-Call Order No. 20227
_____________________________
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
NJ Laws email newsletter E2421 1. Kenneth Vercammen, Edison Attorney was selected a 2007 NJ Super Lawyer 2. Estate Recovery in Medicaid 3. Miranda
Kenneth Vercammen's NJ Laws email newsletter
April 19, 2007
In this issue:
1 Kenneth Vercammen, Edison Attorney was selected a 2007 NJ Super Lawyer
2. Estate Recovery in Medicaid
3. Need for to reapply Miranda warnings depends on circumstances
4. Motion to suppress granted where stop based on only 911 call that was vague
1. Kenneth Vercammen, Edison Attorney was selected a 2007 NJ Super Lawyer in the Criminal Law- DWI section for the second year in a row. Of over 79,00 attorneys in New Jersey, only three were selected as Super Lawyers in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers.
http://www.njlaws.com/superlawyer.htm
2. ESTATE RECOVERY IN MEDICAID
By: Thomas. D. Begley, Jr., Esquire
A state is entitled to recover for Medicaid payments correctly paid on behalf of the individual by use or real or personal property liens and recovery from decedents’ estates. 42 U.S.C. § 1396p(b)(1)(B); HCFA Transmittal 63; N.J.S.A. 30:4D-7.2 et seq.; N.J.A.C. 10:49-1 et seq. The state is required to seek reimbursement from an individual’s estate for the cost of nursing facility services. 42 U.S.C. § 1396p(b)(1)(B). However, no recovery may be made until after the death of the recipient’s surviving spouse, and only when there are no surviving children who are under age 21 or blind or permanently disabled.
A. Definition of Estate. New Jersey seeks recovery from estates of deceased individuals. While federal law only requires that states recover from the probate estate of the deceased Medicaid recipient, New Jersey has elected to expand the definition of an estate as follows:
“Estate includes all real and personal property and other assets included in the recipient’s estate as defined at N.J.S. 3B:1-1, as well as any other real or personal property and other assets in which the recipient had any legal title or interest at the time of death, to the extent of that interest, including assets conveyed to a survivor, heir or assign of the recipient through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement.”
B. Age 55. With respect to an institutional level of care, estate recovery applies to all Medicaid payments made or services received after an individual is 55 years of age or older. N.J.A.C. 10:49-14.1(c). Under federal and state law, in the case of a recipient who became deceased on or after April 1, 1995 for whom a Medicaid payment was made on or after October 1, 1993, a lien may be filed against, and recovery sought, from the estate of a deceased recipient for assistance correctly paid or to be paid on his behalf for all services received when he was 55 years of age or older. 42 U.S.C. § 1396p(b); N.J.A.C. 10:49-14.1(c).
C. De minimus Amounts. Under N.J.A.C. 30:4D-7.2a, recovery cannot be made against the estate of a deceased recipient if the amount sought is less than $500 or the gross estate of the deceased recipient is less than $3,000.
D. Surviving Spouse or Child under 21 or Blind or Disabled. No recovery shall be made if there is a surviving spouse or a surviving child who is under the age of 21 or is blind or permanently and totally disabled, except for assistance incorrectly or illegally paid or for third party liability recovery. These exceptions to estate recovery are also incorporated in N.J.A.C. 10:49-14.1(a).
E. PAAD. No estate recovery shall be made under the Pharmaceutical Assistance to the Aged and Disabled program (PAAD), unless the assistance was incorrectly or illegally paid.
F. Life Estates/Trusts.
• Life Estate. Life estates that expire upon the Medicaid beneficiary’s death are exempt from estate recovery. N.J.A.C. 10:49-14.1(n)(1).
• Inter Vivos Trust. An inter vivos trust established by a third party for the benefit of a deceased Medicaid recipient is not subject to estate recovery provided that the Medicaid recipient could not compel distributions from the trust and the trust contains no assets in which the Medicaid beneficiary held any interest within either five (5) years prior to applying for Medicaid benefits or five (5) years prior to the Medicaid recipient’s death. N.J.A.C. 10:49-14.1(n)(2).
• Testamentary Trust. Testamentary trusts are exempt from estate recovery provided that the Medicaid recipient could not compel distribution and the trust contains no assets in which the Medicaid recipient held an interest within either five (5) years prior to applying for Medicaid benefits or five (5) years prior to the recipient’s death. Assets of the community spouse which formed a part of the Community Spouse Resource Allowance shall not be considered assets of the Medicaid recipient. Any assets of the community spouse other than those that formed part of the CSRA allowance are considered assets of the Medicaid recipient if acquired from the Medicaid recipient with five (5) years prior to the date of application for the Medicaid benefits or five (5) years prior to the date of the death of the Medicaid beneficiary. It is believed that the reference to assets acquired from the Medicaid recipient means assets acquired from the Medicaid recipient’s spouse.
G. Tracing. N.J.A.C. 10:49-14.1(l) makes clear that estate recovery may be sought from trusts and annuities, even if established by a third party. This applies to living trusts and testamentary trusts if the assets in the trust belonged to the Medicaid beneficiary as of five years prior to the beneficiary’s death. N.J.A.C. 10:49-14.1(n). This provision may be invalid since it appears to be more restrictive than either the federal or state statute, which limits recovery to “living trusts.” However, in DeMartino v. Division of Medical Assistance and Health Services, 373 N.J. Super. 210 (App. Div. 2004), the court held that such a trust was subject to Medicaid estate recovery.
H. Spouse. New Jersey’s current regulations exempt the estate of the spouse from recovery. N.J.A.C. 10:49-14.1(n).
An issue arises as to whether a state may recover from the estate of a spouse of a deceased Medicaid recipient. In the case of Wisconsin v. Estate of Budney, 197 NW 2d 245 (Wis. Ct. App. 1995), the court held that the Wisconsin statute authorizing recovery from the spouse of a deceased Medicaid recipient is invalid. In a California case, Demille v. Bleshe, 1995 WL 23636 (N.D. Cal. 1995), the court held that the state was free to impose liens on property of the deceased Medicaid recipient, after the recipient is dead, and that those liens become payable upon the death of the surviving spouse or upon sale of the property.
New Jersey has a policy of not forcing a sale while any family member is still living in the house. This is documented in N.J.A.C. 10:49-14.1(j). Recoveries will not be pursued against property held by bona fide purchasers. N.J.A.C. 10:49-14.1(k).
There may be an issue as to whether Medicaid can recover for payments made on behalf of the deceased Medicaid recipient prior to December 23, 1995, which is the effective date of the New Jersey statute.
New Jersey will exempt assets from estate recovery on a hardship basis only if the asset is the sole income-producing asset of the survivor, and recovery by the state would result in the survivor becoming a beneficiary of public benefits himself or herself. Thus, New Jersey’s tentative definition of “hardship” is very rigid. There is also a rebuttable presumption in New Jersey that there is no hardship if Medicaid planning was effected. N.J.A.C. 10:49-14.1(h). The representative of the estate of the Medicaid recipient has 20 days from the date of receipt of the notice of the State’s lien to file a request for a waiver or compromise of the claim.
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.
3. Need for to reapply Miranda warnings depends on circumstances State v. Dispoto __ NJ ___ (A-103-05) 1-18-07
The Court rejected the Appellate Division’s bright-line approach that failure to re-administer Miranda warnings at the time of arrest required suppression of Dispoto’s post-arrest incriminating statement, notwithstanding the pre-custodial warning about an hour earlier. The Court retains the more measured and traditional totality-of-the-circumstances assessment. Thus, where pre-custodial warnings have been given to a defendant as part of a continuing pattern of interactions between the defendant and the police, and during that continuing sequence of events nothing of an intervening nature occurs that would dilute the effectiveness of the warning, there would appear to be no need to require another warning. Such determinations are better suited to fact-based assessments rather
than bright-line pronouncements.
Because there was insufficient evidence to support the issuance of the underlying domestic violence search warrant, the criminal search warrant was invalid as fruit of the poisonous tree. While this holding renders moot the Appellate Division’s finding that failure to re-administer Miranda warnings at the time of arrest required suppression of Dispoto’s post-arrest incriminating statements, the Court adds in respect of the issue of the Miranda warnings only that no bright line or per se rule governs whether re-administration is required following a pre- custodial Miranda warning.
4. Motion to suppress granted where stop based on only 911 call that was vague. State v. Phelps Appellate Division, A-3755-05T2, November 14, 2006, not approved for publication.
Law Division order that granted the defendant’s motion to suppress evidence that was seized after his motor vehicle was stopped affirmed; a man called 911 and reported that five “dark-skinned black males” who were members of the Bloods street gang were armed and chasing him in a “blue car”; police officers responded to the scene, stopped a “bluish-gray” Pontiac Bonneville that contained only the defendant, who is black, and a Hispanic female passenger, and recovered a handgun and crack cocaine; although other occupants of the defendant’s vehicle could have fled the scene before the officers arrived, the number and gender of the occupants that the officers saw did not match the 911 caller’s description, and the caller had identified the vehicle only by a nondescript color; the stop of the defendant’s vehicle was not justified because the information that the 911 caller provided did not correspond to the officers’ observations to the extent that the officers and the court could be certain that the defendant’s vehicle was the same vehicle that the caller had identified; instead, the caller’s description of the vehicle was “vague.” Source: Facts-on-Call Order No. 20501.
_____________________________
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
Registration info or to purchase book & audiotape
------------------------------------------------------------------------
Kenneth Vercammen
2053 Woodbridge Ave.
2053 Woodbridge Ave.
Edison, NJ 08817
Phone: 732-572-0500
Fax: 732-572-0500
Web site: http://www.njlaws.com/
E-mail: kenvnjlaws@verizon.net
Saturday, May 19, 2007
Kenneth Vercammen's NJ Laws email newsletter E245 May 18, 2007
In this issue:
1. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O’Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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
1. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O’Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
_____________________________
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
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
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 homeownerÃs 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 sonÃs dog while the infant was receiving day care from the sonÃs 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.
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 homeownerÃs 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 sonÃs dog while the infant was receiving day care from the sonÃs 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.
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.
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
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
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