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NJ Laws Email Newsletter E255
NJ Laws Email Newsletter E255
Kenneth Vercammen, Attorney at Law

September 10, 2007


In This Issue
_______________
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States

2. Recent cases- Threatening statements by defendant against witness not admissible.

3. Judge cannot issue warrant if they know the defendant.
4. No judicial notice of prior domestic violence dismissal in criminal assault case.

5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family.


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Greetings,


1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States.

Please join us in this FLY THE FLAG campaign and PLEASE forward this email immediately to everyone in your address book asking them to also forward it. We have a little less than one week and counting to get the word out all across this great land and into every community in the United States of America. If you forward this email to least 11 people and each of those people do the same...you get the idea.

THE PROGRAM IS THIS:

On Tuesday, September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this anniversary of our country's worst tragedy. We do this in honor of those who lost their lives on 9/11, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.

In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.

Action Plan: So, here's what we need you to do...

(1) Forward this email to everyone you know (at least 11 people). Please don't be the one to break this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.

(2) Fly an American flag of any size on 9/11.
Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.

Thank you for your participation.

God Bless You and God Bless America.

2. Recent cases- Threatening statements by defendant against witness not admissible. State v. Byrd 393 N.J. Super. 218 (App. Div. 2007)
At trial, the inculpatory statement of a non-testifying State witness was admitted through the testimony of a police detective, the judge having determined that both defendants had forfeited their Sixth Amendment right of confrontation when they procured the witness's silence by threatening him with bodily harm. The court reversed the convictions concluding that for the statement to have been admissible, the statement must also fall within one of the exceptions to the hearsay rule of preclusion, or be admissible by other law, N.J.R.E. 802. The New Jersey Rules of Evidence, contrary to the Federal Rules do not contain a forfeiture-by-wrongdoing hearsay exception permitting admission of the statement. N.J.R.E. 804(b). Although courts in a number of jurisdictions without a codified hearsay exception have adopted the forfeiture-by-wrongdoing doctrine through judicial decision, the court declined to do so determining that such change in the Rules of Evidence should be accomplished by the Supreme Court in accordance with the procedure prescribed in N.J.S.A. 2A:84A-38 and -39, rather than by judicial opinion.

3. Judge cannot issue warrant if they know the defendant. State v. McCann 391 N.J. Super. 542 (App. Div. 2007)

A municipal court judge who issued a search warrant for defendant's residence had a prior attorney-client relationship with defendant and with other members of his family over a period of many years. The Law Division granted defendant's motion to suppress, finding that the judge was not the constitutionally required "neutral and detached magistrate." The court agreed that the judge should not have issued the warrant, concluding that the appearance of impropriety was objectively reasonable and required the judge's recusal. The judge knew or should have known that the person identified in the warrant application was his former client. However, the court accorded its holding prospective effect only, concluding that suppression was not warranted in this case where defendant made no assertion of possible bias on the part of the judge and the court's decision established a new rule of law, as follows: In the future, if a defendant makes a particularized and credible assertion of facts which objectively suggest an appearance of partiality on the part of the judge issuing a search warrant, based on a prior relationship or otherwise, a "bright-line" rule invalidating the search warrant will be applicable.

4. No judicial notice of prior domestic violence dismissal in criminal assault case. State v. Silva __ N.J. Super. __ A-2332-06T5 6/29/07

On interlocutory review, the court reversed a trial judge's judicial notice, in a criminal trial, of another judge's factual finding in a related domestic violence proceeding.

5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family

Date: Sunday, September 16, 2007
Location: Bishop Ahr High School
Course: 3.1 mile BGA cross country course held on Bishop Ahr property
Time: 11:00 am to 2:00 pm

- Registration begins at 11:00 am
- Opening Prayer will begin at 11:30 am
Awards: Top 3 places in each group
Races scheduled:

- BGA Alumni Men and Women: Age groups -
Junior alumni division: 18 to 29, Senior alumni division: 30 and up

- Two Mile Walk Race on the track for Adults Only
- Parochial Grade 5 thru 8-boys & girls
- Lollipop race for ages 5 and under for alumni family and friends

Cost: $10.00 pre-registration/includes t-shirt and entry for 1 race. Alumni children free for each alumnus who registers to run by September 1st, 2007
$ 15.00 post-registration - on the day of race
Mail entries to: Ms. Yancy Munoz, Assistant Athletic Director
Bishop Ahr High School
One Tingley Lane, Edison, NJ 08820
For any inquiries contact: ymunoz@bgahs.org, to download entry form,
http://www.bgahs.com/apps/news/show_news.jsp?REC_ID=37793&id=0&rn=1592161
Concession stand will be open!

Thank you for reading our newsletter! God Bless America USA #1

Our new law blogs:

NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

NJ Drug Law Blog - http://drugarrest.blogspot.com/

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

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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
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Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.