NJ Laws Email Newsletter E252

August 2, 2007

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In This Issue
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1. What to do when you receive a power of attorney.

2. Police officer can testify on speed limit on street.

3. If warrant defective, all other evidence suppressed.

4. Suppression reversed where inconsistent stories by driver and passenger.

5. ABA Annual Meeting and Voting for House of Delegates in San Francisco.

6. Law Audiotapes Available.

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1. What to do When You Receive a Power of Attorney

A Power of Attorney is an appointment of another person as ones agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title "attorney-in-fact" to the agent who is given a Power of Attorney.

As attorney-in-fact, you have all of the powers which are set out in the attached Power of Attorney. If you ever have any questions regarding the powers under this Power of Attorney, please examine that document first.

Whenever you exercise any one or more of your powers under this Power of Attorney by signing a document, you should always sign your name as follows: " [your name] , as attorney-in-fact for [name of other person] " Naturally, you need not use the quotation marks.

As the attorney-in-fact, you do not become the owner of their property. The Power of Attorney merely grants to you as their attorney-in-fact the powers enumerated in the Power of Attorney, however, those powers may include the power to deal with the property of the principal. Because you have been entrusted with these powers by your principal, you must take great care to exercise those powers for the benefit of your principal only and not for your own benefit.

If anyone ever questions you when you exercise your powers under the Power of Attorney, please be sure to show such person a copy of your Power of Attorney. I do not recommend that you not give them the original signed Power of Attorney, however, you may give them a photo-copy of it. If you record the Power of Attorney, you may, of course, secure certified copies of it from the County Clerk.

2. Police officer can testify on speed limit on street. State v. Morgan 393 N.J. Super. 411 (App. Div. 2007)
The court considered whether the uncontroverted testimony of a law enforcement officer as to the lawful speed limit in an area is sufficient evidence upon which defendant may be found guilty of "speeding" in violation of N.J.S.A. 39:4-98. The court concluded that such testimony, if admissible and believed by the judge, is sufficient proof of the lawful speed and, thus, reaffirmed its holding in State v. Craig, 150 N.J. Super. 513 (App. Div. 1977). The court concluded the State need not introduce an enacted ordinance or regulation in order to prove the lawful speed and, thus disapprove the holding in State v. Miller, 59 N.J. Super. 538 (Law Div. 1959).

3. If warrant defective, all other evidence suppressed.State v. Dispoto 189 N.J. 108 (2007)

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.

The failure to re-administer Miranda warnings at the time of arrest required suppression of Dispotos 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. Suppression reversed where inconsistent stories by driver and passenger. State v. Baum 393 N.J. Super. 275 (App. Div. 2007)

In this appeal, the court reversed the trial courts suppression of marijuana and cocaine seize in the course of a traffic stop for driving a vehicle with dark tinted windows and without an inspection sticker. The court approved the twenty-six minute roadside investigation that was expanded beyond the initial reason for the stop when the nervous driver failed to produce a license or insurance card and did not know who owned the car. In addition, the driver and passenger told inconsistent stories regarding whether they had traveled to New York by bus or in the car in which they had been stopped.

5. ABA Annual Meeting and Voting for House of Delegates is at San Francisco, Moscone Center West in Exhibit Hall, 1st Floor. Kenneth Vercammen is a Candidate.

Registration hours will be:

Thursday, August 9 8:00 a.m. to 6:00 p.m.

Friday, August 10 8:00 a.m. to 6:00 p.m.

Saturday, August 11 8:00 a.m. to 6:00 p.m.

Sunday, August 12 8:00 a.m. to 6:00 p.m.

Monday, August 13 8:00 a.m. to 5:00 p.m.

Tuesday, August 14 8:00 a.m. to 5:00 p.m.

Kenneth Vercammen is one of the candidates for the ABA House of Delegates. Six Delegates-at-Large are elected at each Annual Meeting to serve a three-year term in the House of Delegates. Any member of the Association is eligible to be a Delegate-at-Large, although of the six elected each year, no two may be accredited to the same state, territory or possession.

All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. Voting will commence on Thursday, August 9, and continue until 10:00 a.m. on Tuesday, August 14, adjacent to the ABA Registration Desk at The Moscone Center, West Hall, Level One.

Each year over 10,000 members and their families attend the ABA Annual Meeting for six days of programs, meetings, sightseeing, social events and meetings of the ABAs governing and policy-making bodies-the Board of Governors and House of Delegates.

The Sam Smith Award

will be awarded to Jay Foonberg, author of, How to Start and Build a Law Practice at the LPM Section Gathering on Friday, August 9 at the ABA Annual Meeting.
The LPM Section Gathering Reception will be held from 6:00 p.m. - 7:30 p.m. at The City Club of San Francisco, 155 Sansome, Bechtel Room, 10th Floor.

The Sam Smith Award, the highest honor bestowed by the ABA Law Practice Management Section, was established in 1999 on the occasion of the Sections 25th Anniversary. The award recognizes an individual who has demonstrated outstanding lifetime achievement in the field of law practice management.

The reception is free.

6. Law Audiotapes Available

We have numerous audiotapes on legal seminars Kenneth Vercammen either attended or served as a speaker. If you want to listen to any of these tapes, call the law office and make an appointment to pick them up.

CRIMINAL

Handling a Criminal Case

2006 Criminal Law Institute

Leading New Jersey Supreme Court Criminal Case: Update 2006

Technical Aspects of Handling DWI cases

PROBATE/ESTATE

Guide to Surrogate Court & Probate Proceedings

Estate Administration Basics

Estate Planning without Tax Considerations

Estate & Trust Litigation

Estate Planning for Special Situations

NJ Guardianship Practice

Guardianship Basics

Building a "Successful" Elder Law/ Estate Planning Practice

Advocacy For Seniors

Elder Law after OBRA: Revisited & Reevaluated

Building Profitable Trusts & Estates Elder Law Practice MEDICAID

Planning after Medicaid Reform

The Final Medicaid Regulations

Practical Medicaid Planning

CIVIL/PERSONAL INJURY

Defending Damages in Personal Injury Cases

Hot Tips in Torts

100 Days to Trial

Representing the Gay & Lesbian Client: Update 2001

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

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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/

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Editors Note and Disclaimer:

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

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Meet with an experienced Attorney to handle your important legal needs. Please call the office to schedule a confidential "in Office" consultation. Attorneys are not permitted to provide legal advice by email.

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.

Directions to Ken Vercammen and Associates

Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.