NJ Laws Email Newsletter E221

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. Life Insurance
For the past few months, a lot of clients have been asking questions
about the different kinds of life insurance.
ere are some of the answers our friends at Pavese-McCormick Insurance
been giving. Specifically, I wanted to give you 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? Its 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
dont 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 companys 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
policys cash value and death benefit will increase. If not,
theyll go down, but most variable life policies wont let your
death benefit drop below a certain level. However, its 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, its 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.

It is my pleasure to recommend the Pavese-McCormick Agency for any
insurance needs you might have. Their responsiveness has been second to none.
For me the measure of a company is how responsive they are once they have your
business. So many companies roll out the red carpet to gain your business but
forget who you are once they have it. From overall policy reviews to simple name
changes, they have treated me as if I was there most important customer. It is
very comforting knowing that I can always call them and my needs will be taken
care of promptly.

Pavese-McCormick is one of the rare companies that doesnt 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-occupants 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 States 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 individuals 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 rules 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 DJs
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) [Dont 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.

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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, 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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