Ken Vercammen's NJ Laws email newsletter July 22, 2004 #158 In this issue: 1. Events this week: 2. New Audiotape and Book: NUTS & BOLTS OF ELDER LAW 2004 3. How To Choose a Lawyer 4. Recent court cases: ________________ Reminder- events this week: Friday, August 6 7pm Friends of Cynthia Vercammen are invited to her Annual SUMMER BLAST at Ireland Brook Dr. Adults only Saturday. August 7, 2004 10:17am SUMMER HASHING TRAIL RUN & Ken's 45th Birthday 4 -6 MILE GROUP RUN START: Monmouth Park Race Track If you can give Ken V a ride from South Brunswick, call us Wednesday August 11 6:30 "Dead" [formerly Grateful Dead] PNC Art Center, Holmdel. There may be one ticket available, email us back Friday, August 13 Laurie's Lakeside Pub, Church Lane. North Brunswick, next to Farrington Lake 5pm. Ken V buys the first 2 rounds. ____________________ 2. New Audiotape and Book: NUTS & BOLTS OF ELDER LAW 2004 Speakers and Authors: Thomas Begley, Jr. Kenneth A. Vercammen, Esq. Martin A. Spigner, Esq. Kathleen Browning, Esq. Kathleen Burns, Esq. Topics: 1. WILLS 2. POWER OF ATTORNEY 3. LIVING WILLS 4. LIVING TRUSTS 5. TAX CONCERNS 6. ADMINISTRATION OF ESTATES 7. MEDICAID PLANNING 8. CONTESTED PROBATE 9. LONG TERM CARE INSURANCE/ ASSET PROTECTION 10. GUARDIANSHIP 300 plus page Book Recommended for Attorneys, Accountants, Life Insurance Agents, Financial Planners and Elder Law Professionals Sponsored by New Jersey Institute for Continuing Legal Education & NJ State Bar Assoc. Contact New Jersey Institute for Continuing Legal Education ICLE Ž One Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com http://www.njicle.com _________________________________ 3. How To Choose a Lawyer You want to hire the right lawyer for the right price. REPUTATION COUNTS Therešs fear in hiring a lawyer. Youšre stepping into the unknown. Our firm is a well known and respected one in criminal, probate and civil trial practice. Wešre known as being fair, reasonable, tough and professional. Ask around about us. CRIMINAL LAW Some lawyers talk a great game. But once retained, you never hear from them again until the trial. Thatšs not good. No matter how experienced an attorney is, it wonšt help if he isnšt willing to work your case. Knowing the system is one thing, but doing what it takes to make it work for you is another. We start with straight talk about the law, your chances in court and whether or not youšre facing jail. Next we talk to witnesses, prosecutors, the court- anyone who impacts your case. If expert witnesses are needed, we know the best ones to call. You get a defense, not someone who just takes your money and holds your hand while you plead guilty. We handle everything from serious crimes to traffic and juvenile matters. PERSONAL INJURY A serious injury or wrongful death claim is a one-time thing. Settle or go to trial, what you get is all youšre ever going to get. No matter the pain and suffering. A lot of ŗpersonal injury mills˛ will gladly sign you up. At these big, impersonal firms, you hardly ever see a lawyer. Once youšre committed, you sit and wait. And wait. Why? Because there are dozens of cases ahead of yours - big ones and small ones - all more likely to be settled than tried. If we take your case, wešll take it seriously. Wešll work it and keep you informed. And we wonšt be afraid to try it, if you arenšt offered the money you deserve. No Recovery...No Fee* So you have a choice. You can be a number with somebody else, or a real client with us. Our Philosophy ŗWe are not in the practice of law solely to make money. We share a commitment to helping others and believe that by doing our best for each client we help elevate our profession.˛ Surviving Your Drunk Driving Case Start with whatšs at stake: If youšre not worried about jail time, youšre worried about protecting your driveršs license and your job. Next, avoid cut-rate lawyers. The less a lawyer charges, the less he can work your case. And, you donšt need the ŗhelp˛ of an attorney who doesnšt do a lot of DUI work. The sooner you call, the sooner we can help. DRUNK DRIVING The worst thing to do in a DUI case is to rush in and plead guilty, or go to court with an attorney who doesnšt really handle DUI cases. Wešve been in the DUI defense for over 17 years, and have handled hundreds of cases. Along the way wešve helped a lot of people who thought they were beyond help. Even if you think your case is a lost cause, we can often make a bad case better. But you must act almost immediately after your arrest, or you lose an important chance to challenge your arrest and any breath test or refusal. Whether youšre facing your second or third DUI, or driving while license suspended, chances are wešve handled cases like it before successfully. How Much Does a Good Criminal Lawyer Cost? Good lawyers get their reputations by working hard for every client. It stands to reason, then, that the less you pay a lawyer, the less time he can afford to spend on your case. Bring your case to us and wešll start with an in-depth discussion not about fees, but about the charges and the facts surrounding your case. Wešll discuss possible defenses, sentencing guidelines and whether or not jail is a realistic possibility. Only then do we talk about fees. We have over 17 years of criminal law experience. ________________________________________________ 4. Recent cases: No Expungement for Sexual Assault. In Re Petition For Expungement of W.S., 367 NJ Super. 307 (App. Div. 2004). The characterization in N.J.S.A. 2C:52-2(b) of the offense proscribed by N.J.S.A. 2C:14-2 as "aggravated sexual assault" is simply an incomplete description of the offense, which also includes "sexual assault." Thus, the description does not limit the scope of the prohibition against expungement imposed by §2C:52-2(b). Source: New Jersey Lawyer March 8, 2004 p. 15 Increased penalty for drug distribution near public housing constitutional. State v. Brooks 366 NJ Super. 447 (App. Div. 2004). 1. The primary factors governing due process entrapment are: (a) the justification for the police in targeting the defendant as a criminal suspect; and (b) the nature and extent of the government's actual involvement in bringing about the crime. 2. The second-degree crime of distribution of CDS within 500 feet of a public-housing facility, N.J.S.A. 2C:35-7.1, is neither discriminatory on its face not in its impact on the poor and minority populations comprising a large percentage of public-housing residents. ________________________________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2004. 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