NJ Laws Email E262 December 5, 2007 Kenneth Vercammen, Attorney at Law 7325720500 In this issue: 1. Holiday Gift Idea! ........Gift Certificates for Wills or Power of Attorney 2 Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. 3.
No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4.
Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics 6. Website: Christmas Carols instrumental Listen to on your computer 7. Needed: Outdoor Nativity Scene
1. Holiday Gift Idea! ........Gift Certificates for Wills or Power of Attorney During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done. The Law Office of Kenneth Vercammen's Holiday special includes: •A Simple Will without Trust • Follow up legal advice •A 2 year subscription to the NJ Laws Email News All for only $250.00! Call 7325720500 for the Gift Certificate Details on Wills: http://www.njlaws.com/wills.htm Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2 Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007). N.J.S.A. 2C:355a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does
not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:355a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale. A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:355a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion. 3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007). Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule. 4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007). The Court applied the open fields doctrine in a case involving an aerial observation of a corn field. 5. Holiday/ Christmas song links to lyrics Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are: http://www.nevada.edu/~blake/Christmas.songs.html Contents 1. 2. 3. 4. 5. 6. 7.
A Baby Just Like You All I Want For Christmas Is My Two Front Teeth Blue Christmas Christmas Dinner Christmas For Cowboys Christmas In Killarney Deck the Halls
First Christmas Frosty the Snow Man Grandma Got Run Over By a Reindeer Have Yourself A Merry Little Christmas Here Comes Santa Claus Holly Jolly Christmas I Saw Mommy Kissing Santa Claus It's the most wonderful time of the year I'll Be Home For Christmas Jingle Bell Rock Jingle Bells Jolly Old Saint Nicholas Let It Snow! Mary, Did You Know? Merry Christmas Darling Must Be Santa Nuttin' For Christmas O Christmas Tree Pine Cones And Holly Berries Rocking around the Christmas Tree Rudolph The RedNosed Reindeer Santa Claus Is Coming To Town Silver Bells Sleep Well, Little Children Sleigh Ride Tennessee Christmas The Christmas Song The Little Drummer Boy The Night Before Christmas The Twelve Days of Christmas Up On the Housetop We Wish You A Merry Christmas White Christmas Winter Wonderland
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41.
Christmas carol lyrics 42. Angels From The Realm Of Glory
Angels We Have Heard On High Away In a Manger Bring A Torch, Jeanette Isabella Do You Hear What I Hear Far, Far Away on Judea's Plains Go, Tell It On The Mountain God Rest Ye Merry, Gentlemen Good Christian Men, Rejoice Hark! The Herald Angels Sing I Heard the Bells on Christmas Day It Came Upon The Midnight Clear Joy To The World O Come, All Ye Faithful O Holy Night O Little Town of Bethlehem Once In Royal David's City Silent Night The First Noel The Shepherd's Carol (round) We Three Kings of Orient Are What Child Is This? When Joseph Went To Bethlehem While Shepherds Watched Their Flocks With Wondering Awe
43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65.
6. Website: Christmas Carols instrumental Listen to on your computer http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17 The following songs were available: Angels from the Realms of Glory Angels we have Heard on High Away in a Manger Children, Go Where I send Thee Christmas is now Drawing near at Hand Christmas in the Trenches Deck the Halls Go Tell it on the Mountain Good Christian Men, Rejoice Good King Wenceslas
Hark the Herald Angels Sing Here we come a Wassailing I heard the Bells on Christmas Day It came upon a Midnight Clear Jingle Bells Joy to the World Oh Come all Ye Faithful Oh Holy Night Oh Little Town of Bethlehem Silent Night The First Noel Twelve Days of Christmas We Three Kings We Wish You a Merry Christmas What Child is This? This is a great site with Holiday cheer: http://holidays.blastcomm.com/ 7. Needed: Outdoor Nativity Scene A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home. Christian Nativity scenes three (sculpture or other threedimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:716). http://en.wikipedia.org/wiki/Nativity_scene If you have an unused Nativity scene, call Ken Vercammen at 7325720500 NJLaws.Com LINKS Main Website with 500 + articles and 1,000 + links (732) 5720500
Thank you for reading our newsletter! God Bless America USA #1 Our updated law blogs: NJLaws' Newsletter Bloghttp://njlaws1.blogspot.com/ NJ Criminal Law Blog http://njcriminallaw.blogspot.com/ NJ Traffic Law & Municipal Court Blog http://trafficlaw.blogspot.com/ NJ Personal Injury & Civil Law Blog http://njlawspersonalinjury.blogspot.com NJ Elder Law Blog http://elderlaw.blogspot.com/ NJ Drug Law Blog http://drugarrest.blogspot.com/ We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations. "Celebrating more than 21 years of providing excellent service to clients 19852007" Former Prosecutor This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com. 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 2007. 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) 7325720500 (Fax) 7325720030 website: www.njlaws.com Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court