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NJ Laws Email E281 August 26, 2008 Kenneth Vercammen, Attorney at Law 732-572-0500

In this issue: 1 Recent cases: Statement by eye witness not admissible as emergency investigation 2. Statement to DYFS worker under emergency is admissible. 3. A Taste of Sea Bright" Saturday, Sept. 27 4. HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT September 15, 2008 5:30 PM to 9:30 PM 5. Marketing Survey for American Bar Association 6. Upcoming charity running races: 7. Estate Planning 1 Recent cases: Statement by eye witness not admissible as emergency investigation. State in the Interest of J.A. ___ NJ ___ (Decided 6-23-08) A-207 The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger. The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the admissions of the statements violated J.A.’s Sixth Amendment right to confront the witnesses against him. 2. Statement to DYFS worker under emergency is admissible. State v. Buda ___ NJ ___ (Decided 6-23-08) A-4/5-07 The trial court did not abuse its discretion in determining that the child’s


statements to his mother and the DYFS worker were properly admitted into evidence as “excited utterances” under N.J.R.E. 803(c) (2). The Child’s statements were not testimonials and, hence, their admission at trial did not run afoul of the Confrontation Clause.

3. A Taste of Sea Bright" Saturday, Sept. 27 Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways! TROLLEY HOP Noon - 6 p.m.

Buy Your Admission Bracelet Adrenaline Andy K’s Smoker’s Haven Anjelica’s Better Homes Sea Bright Brahma Yoga Driftwood Cabana Club Elements Gaiters Ichabods Lia


The Liquor Store at Sea Bright The Mad Hatter McLoone’s Northshore Ocean Avenue Grill The Palm The Quay Riverside Cafe Pool Bar (@ The Fairbanks) Ross’s Dockside Steak & Seafood Salon Mari Sea Bright Pizza The Shack Something Fishy Tracy Lynn Spa and Salon Trattoria “G” Valkyrie Squash Club Yumi

When you purchase your admission bracelet, you will also receive a map/passport. The admission bracelet and map/passport will entitle you to samplings of food, drinks, cocktails, door pri drawings, and incredible free giveaways at 27 different stops on the map -- and unlimited rides on th trolley during the event. Each stop on the map is unique and will offer something different. It is at the discretion of eac establishment as to what they will provide event-goers. The food served by the participating restaurants is limited to a "sampling". Any restaurant offering an alcoholic beverage has a limit of on complimentary serving per person, and you must be 21 years of age. You may be asked for identification to prove you are of legal drinking age at each stop...so don't forget to bring your I.D.


now FOR ONLY $20.00 (Admission bracelets will cost $30 on the day of the event. Details at http://www.visitseabright.com/atsb-event-goers.html Purchase admission bracelets At below listed Sea Bright businesses

4. HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT September 15, 2008 5:30 PM to 9:30 PM New Jersey Law Center, New Brunswick Speakers include: HON. JOAN ROBINSON GROSS Presiding Judge, Union County KENNETH A. VERCAMMEN, ESQ. Past Chair, NJSBA Municipal Court Section Editor: “New Jersey Municipal Court Review” 2006 NJSBA Municipal Court Practitioner of the Year Kenneth Vercammen & Associates (Edison) WILLIAM G. BRIGIANI, ESQ. Brigiani, Cohen, & Schneider (East Brunswick) JOHN MENZEL, ESQ. Moore & Menzel (Point Pleasant) Dennis Driscoll Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong) Attendees receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses someone id likely to confront and suggest effective strategies for handling the. Includes EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE IN SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING… • Lab reports in drug cases • Driving while suspended and enhanced penalties • Jurisdiction issues for serious motor vehicle accidents


• Increased refusal penalties • Assault • Defenses to no-insurance cases • Drug recognition expert cross-examination • How to impress the Court and not annoy the Court staff • Forms, motions and demand letters • Criminal case law developments during the past year • Sentencing arguments in multiple offense cases • What’s new on the Alcotest 7110 breath testing machine • New laws and pending legislation …and more Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division For registration costs and details, contact New Jersey Institute for Continuing Legal Education One Constitution Square, New Brunswick, New Jersey 08901-1520 732-249-5100 http://www.njicle.com/seminar.aspx?sid=362 732-249-5100 program: S1507d-14380 5. Marketing Survey for American Bar Association Greetings professionals and business owners. I serve as the Deputy Chair of the American Bar Association’s Criminal Law Committee General Practice Division. I am organizing an article on marketing and public relations for a professional or business owner. To help us, would you please fill out the below form and either fax, mail or email your response to my office. 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: ____________________________________________________ ____________________________________________________ Other suggestions for young professionals starting their practice: ____________________________________________________


____________________________________________________ Please fill out and fax, mail or email back to Kenneth Vercammen, Esq. KenVnjlaws@verizon.net

6. Upcoming charity running races: 9/7/2008 6th Annual Fallen Heroes Memorial Run 11am Elizabeth NJ The Ultimate Beer Truck 9/14/2008 ECI School for Children 5k Run / Walk 10:05 Eatontown NJ 9/20/2008

5k, 9:45am, kids dash, 5k, 10am, kids races 9:30 3k walk,

KeyportFest 5K and One Mile Fitness Walk

5k,8:30am

9/21/2008 "War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ 9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell Sept 27 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am 9/27/2008 Carnegie 5k

For team when you register, write RVRR

9/28/2008 Treasure Island Sprint Triathlon run, Pt Pleasant NJ

600 meter swim, 10.5 mile bike, 3 mile

Sept. 28, 2008 Bishop Ahr HS 5k 11am 7. Estate Planning law is extremely complex and ever changing. Kenneth Vercammen and Associates represent many individuals to prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you. Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would


like to talk to you about your overall financial goals. Our services are provided in an efficient manner and are reasonably priced. Maybe it's time we get together. Our co-counsel Martin Spigner Esq. can assist you in the preparation of your income tax returns, in financial planning or in any other tax or accounting service. Please call for an appointment. We look forward to hearing from you.

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Free T- shirts and soda can holders available for all current and past clients. Please come into office. 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


E281 August 26, 2008