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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs
      

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977
Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free
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Kenneth Vercammen's NJ Laws Email Newsletter E247 - 6/11/07

In This Issue

1. Upcoming events

2. Statute of Limitations in 1983 Civil Rights Suit Begins on Arrest.

3. No Legal Malpractice When Conviction Reversed.

4. DWI Stop Suppressed Where Police Did Not See Reasons to Believe Defendant Was Intoxicated.

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Greetings Kenneth Vercammen, We switched effective June 1, 2007 to an improved newsletter email service. We have been informed some your email addresses may be lost in the transfer process. Therefore, if you don't receive your next newsletter by June 15, please send us an email to advise us. Thank You. To unsubscribe, follow Constant Contact's button at the bottom.
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1. Upcoming events

June 11

ICLE Mun Ct - Handling Cases in the Busiest Courts MayFair Farm, West Orange. Call (732) 249-5100
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2. Statute of Limitations in 1983 Civil Rights Suit Begins on Arrest.

Wallace v. Kato U.S. Supreme Court (Decided February 21, 2007) 05-1240.

The statute of limitations on a 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process. Source: 187 N.J.L.J. 783. This case limits Civil Rights Suits.
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3. No Legal Malpractice When Conviction Reversed.

Newton v. Office of Essex County Public Defender (Appellate Division Decided February 20, 2007) 04-2-6533. Unpublished.

The Law Division judge properly dismissed plaintiff's legal-malpractice complaint, rejecting his argument that he was inadequately represented by counsel in his criminal proceedings, leading to an allegedly defective plea and an improper sentence. Inter alia, the judge justifiably relied on Alampi v. Russo, which denied recovery in a legal-malpractice case arising out of a guilty plea that was not vacated or reversed in the criminal appellate process. Source: 187 N.J.L.J. 785
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4. DWI Stop Suppressed Where Police Did Not See Reasons to Believe Defendant Was Intoxicated.

State v. Stongvila (Appellate Division Decided January 30, 2007) A-3582-04T3. Not Approved For Publication.

Conviction after a trial de novo of refusing to submit to a Breathalyzer test in violation of N.J.S.A. 39:4-50.2 reversed; a police officer was working undercover outside a liquor store; a liquor store employee told the officer that the defendant seemed to be intoxicated and was rude, loud, and boisterous while he was in the store; the officer saw the defendant leave the store, walk to his car, and drive away but did not see anything that indicated that the defendant was intoxicated; nonetheless, the officer asked his dispatcher to have a patrol car follow the defendant, and another officer stopped the defendant based solely on the dispatcher's report of a possible intoxicated driver; the State's evidence was insufficient to support the reasonable suspicion required to justify an investigatory stop, and the stop was illegal; furthermore, there was no probable cause for the request to submit to a Breathalyzer test because the request was based on evidence that was obtained after the illegal stop and that would have been suppressed if the State had proceeded on a charge of driving while intoxicated. Source: Facts-on-Call Order No. 20866
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"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
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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

 

 
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       Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

       In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

       Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

       If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

       Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

       When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

       Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

       You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

       Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

       I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

       Reduce the stress of making a claim.

       Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

       p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

       We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

       Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

       Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

       Admitted In NJ, NY, PA, US Supreme Court and Federal District Court.

Contact the Law Office of
 Kenneth Vercammen & Associates, P.C.
 at 732-572-0500
for an appointment.

       The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

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Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.