Criminal Law Newsletter Spring 2009 ABA

ABA CRIMINAL LAW COMMITTEE NEWSLETTER Spring, 2009 ABA General Practice, Solo and Small Firm Division American Bar Association Brian T Hermanson Ponca City, Oklahoma Chair (580) 762­0020 bhermanson@oklawhoma.com Kenneth Vercammen, Esq. Deputy Chair / Editor Edison, NJ In this Issue: 1. Social Networking websites for business and exposure 1 . Social Networking websites for business and exposure

A newer way to connect with friends and obtain business is become active in online social networking websites. At the ABA Annual meeting the GP Solo Division held a program which looked at online social networking. For example, schedule a free seminar on Traffic Tickets or Car insurance. Visit some of the below Social networking site for ideas. These are examples of Ken Vercammen’s profile. : Facebook: http://www.facebook.com/event.php? sid=f89130f4cec290fe43c099fe37a58d31&eid=56435283974

Linkedin.com: http://www.linkedin.com/in/kennethvercammen

Myspace: http://www.myspace.com/kennethvercammen

Twitter: http://twitter.com/vercammen

Meet the Elite: http://www.MeetTheElite.net/vercammen

Google: http://www.google.com/s2/profiles/105523288807097339409

Flickr: http://www.flickr.com/photos/kenvercammen/

YouTube: http://www.youtube.com/user/kvercammen

Justia Lawyer Directory: http://lawyers.justia.com/lawyer/mr­kenneth­albert­vercammen­esq­1171249/

JD Supra: http://www.jdsupra.com/profile/KennethVercammen/

Athlinks: http://www.athlinks.com/racer.aspx?rid=23481836

Avvo Legal rating: http://www.avvo.com/attorneys/08817­nj­kenneth­vercammen­571594.html?edit=true

Friendfeed.com: http://friendfeed.com/vercammen Gather: http://vercammen.gather.com/

Mixx: http://www.mixx.com/users/vercammen

Orkut: http://www.orkut.com/Main#Profile.aspx?rl=ls&uid=17513593040289518671

Plaxo: http://KennethVercammen.myplaxo.com/

Virb.com: http://www.virb.com/backend/kenvercammen/events

____________________________________________________ 2. Recent cases: Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson

172 L. Ed. 2d 694 (2009) While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back­seat passenger, whose behavior and clothing caused

Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front­seat passenger, about his gang affiliation.

Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.

Arrest and Search by police based invalid arrest warrant does not suppress drugs & gun found Herring v United States 129 S. Ct. 695 (2009) When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.

Police could stop car based on call by daughter that father was drunk State v. Amelio 197 NJ 207 (2008)

Based on the report to dispatch by defendant’s seventeen­year­ old daughter, who identified herself, reported that her father was driving drunk, described the vehicle, and exposed herself to criminal prosecution if her report was knowingly false, there was reasonable and articulable suspicion of an offense to support a constitutional motor vehicle stop by the police.

Police did not need to readminister Miranda warnings State v. Nyhammer ___ NJ ___ 2­3­09 (A­85­07)

The trial court did not err in finding, based on the totality of the circumstances, that Nyhammer knowingly, voluntarily, and intelligently waived his Miranda rights under both federal and state law. Thus, the trial court did not abuse its discretion in admitting Nyhammer’s confession into evidence. Further, a defendant cannot assert that he was denied his right of confrontation under the federal and state constitutions unless he first attempts to cross­examine the witness on the core accusations in the case.

Nyhammer had the opportunity to cross­ examine the child­victim at trial about her out­ of­court testimony implicating him in the crime but chose not to do so; therefore, he cannot claim that he was denied his right of confrontation.

3. MARKETING SURVEY

Greetings friends. I am organizing an article for the American Bar Association on marketing and public relations for a law office. To help us, would you please fill out the below form and either fax, mail or even email your response to my office. Supply a marketing tip.

1 Best sources of regular new business: ___________________________ ___________________________________________________________ ___________________________________________________________ 2. Your marketing home run. Something you did to try to get business that exceeded your expectations: ___________________________________ ___________________________________________________________ ___________________________________________________________ 3. Your marketing zero. Something you did marketing/ advertising that was not worth the time, money or effort: ____________________________ ___________________________________________________________ 4. Future trends in the types of law you practice: ____________________ ___________________________________________________________ ___________________________________________________________ 5. Other suggestions for young lawyers starting their practice: [use back of this paper for more suggestions]: ___________________________________________________________ ___________________________________________________________ Please fill out and fax, mail or email back to Kenneth Vercammen, Esq. KenV@njlaws.com

Your email: ____________________________ 5. MARKETING SURVEY­ PRIOR SURVEY RESULTS: 1. Best sources of regular new business: ­Internet ­Former satisfied clients ­Keeping visible in the community with as high a profile as possible ­Lawyer referral services, yellow pages/yellow book print and online, and former or current clients. ­Old clients ­Client referrals ­The internet. I cater to young professionals and 90% of my marketing has been done online. ­Current and former clients and other attorneys ­Social service agencies and geriatric care management concerns ­Referrals from friends, other attorneys, CPAs and other professionals ­Friends and former clients

­Referrals from other attorneys; referrals from prior clients; seminars; internet. ­Existing clients ­Other attorneys and medical doctors ­Current clients ­Referrals from lawyers with whom have or have had cases 2. Your marketing home run. Something you did to try to get business that exceeded your expectations: ­Internet ­Take on taxi drivers. They are tradesmen and family men that pass word of mouth recommendation like wildfire. ­Advertised in a leading real estate broker's newsletter 8 times per year that is mailed to every residence in the town where I live and work. ­Yellow book ­Advertise on supermarket shopping carts ­We printed a brochure and pass it out on every interview ­I planned the first Young Professionals Multi­Group Mixer; bringing together several organizations. ­Spoke at an employee "Wellness Training" directed at a company's employees who were caregivers of their aging parents and a lecture at a local university's law school clinical program. ­Deliberate and intentional networking with CPAs and financial planners; writing my practice areas specifically on my business cards, so that people don't forget what kind of attorney I am. ­Publish BC Bar Association monthly MC/Criminal newsletter ­ biggest single source of new cases. ­Visiting clients ­Website ­Writing a monthly article in local union monthly newsletters. ­Representing a major consumer goods product manufacturer in a nationwide class action.

3. Your marketing zero. Something you did marketing/ advertising that was not worth the time, money or effort: ­Yellow pages ­Yellow pages ­Public speaking to large and small groups on various legal topics. ­The phone book never reached our expectations; I guess there are too many competing books lawyers. ­Value pack flyers ­I have no results with Press Releases. They take a lot of time to put together but not much results.

­An ad in a local paper and an ad in the yellow pages ­Putting ads on websites ­Placing an advertisement in a local stay­at­home mothers' organizational newsletter. ­Classified ads ­Newspaper ads ­Yellow pages, internet sign­up of potential wills by region ­Divorce net.com ­Ads in community papers ­Hosting a basketball game event 4. Future trends in the types of law you practice: ­Immigration effects on criminal defendants ­Representation for small business owners and entrepreneurs. They understand the sole practitioner of law quickly and the client relationship is very good. ­Specialization will continue to reduce the number of and the market share of general practitioners. ­I foresee pleading online like the bankruptcy and federal court­we put off in the beginning, but now I see how much easier and faster it is. ­More older people. ­More and more young professionals will be online. ­More regulation as our population ages and more need for comprehensive planning for families that will include caregivers, community supports and the elderly or ill individual. ­My areas of practice are estate planning and criminal law. In the future I see a greater need for specialization in the area of white collar crime. ­Pre­nups ­Volume for criminal attorneys ­I have an ethics practice and continue trying to grow in it Other suggestions for young lawyers starting their practice: ­Do not be afraid to seek guidance from experienced mentors within the bar. In fact, I would make it a rule, when in doubt, pick up the telephone or tap on a shoulder and run it by a respected member of the bar. Good lawyers know that extending this long standing courtesy to newcomers makes us all better lawyers and serves all our clients better. We are our own best resource. If the first lawyer you seek does not have time, keep on dialing or tapping shoulders. ­Network, Self­Promote, and Originate Business! ­Work smart and don't specialize right away. ­Introduce yourself to older established attorneys in community and ask to do overflow. ­There is nothing wrong with starting a business without getting a loan or finding investors.

Organic start­ups grow at a natural pace and you can see how your business is going to do while still working a full time, paying job. ­Get a mentor and have lunch with them once every 60 days (and you should buy lunch).

Also, set up a new tracking system in your office to alert you to all news in your regional area regarding your specific area of practice. This alerts you to trends public attitude regarding your area of practice and keeps you advised of the "information" and "advice" the public is receiving regarding the issues in your area of practice and from whom they are receiving it. ­Work under or apprentice with more experienced attorney while you save $30,000 to $40,000 cash to open your own practice. Specialize in one area, attend a variety of after work functions and write as many articles as possible. ­Write articles and find a mentor. ­Partner with a local lawyer and they will share clients; join groups that you enjoy and promote yourself as a lawyer. ­Atticus ­Don't reinvent the wheel. Find a mentor in your firm or elsewhere to help guide you as a new lawyer. ­Get involved. I have been involved in ABA committee work and have received business, mentoring and even a Wall Street Journal interview from them.

WE PUBLISH YOUR FORMS AND ARTICLES The Criminal Law Committee helps to keep solo and small firms members updated on criminal law and procedure. Programs presented by the committee are basic "how to's" on handling your first criminal law case, or answering questions from your clients when criminal law issues arise in the general practice context. We welcome all who wish to participate and accept all suggestions for programming ideas.

Articles needed for American Bar Association Criminal Law Committee.

Criminal Forms and articles sought plus tips on marketing and improving service to clients. Kenneth Vercammen of Edison serves as the Editor. Please email articles, suggestions or ideas you wish to share with others in the Criminal Law Committee. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. The ABA is increasing the frequency of publication of their email newsletter. Send us your short tips on your great or new successful marketing techniques. You can become a published ABA author.

Brian T Hermanson Ponca City, OK Chair (580) 762­0020

bhermanson@oklawhoma.com

Kenneth Vercammen, Esq. Deputy Chair / co­ Editor KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732­572­0500 (Fax) 732­572­0030 Kenv@njlaws.com www.BeNotGuilty.com