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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 800-655-2977

 

NJ Laws Email Newsletter E277

July 2, 2008


In This Issue
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.

2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).

3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.

4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).

5. Upcoming non profit races.

6. Cynthia Vercammen's Cocoa Beach Night Party.

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Happy 4th of July!

1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.


The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International

Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).


During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.

The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)

Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).


Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.

The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.

5. Upcoming Non-Profit Races:

7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks


7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night


There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.




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

Our updated law blogs:

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

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

NJ Elder Law Blog -http://elder-law.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 22 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.

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Editor's Note and Disclaimer:

All materials Copyright 2008. 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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       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.

Ken Vercammen articles.

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Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.