Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark HAMILTON TWP., N.J. (WPVI) — It’s been a long night for drivers heading eastbound on the Atlantic City Expressway. Their trips were rerouted and they had to find their way around a gasoline tanker that flipped over on the eastbound lanes around 1 p.m. Sunday. It…
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. New Jersey’s Appellate Division recently produced an unpublished opinion regarding a house guest that was injured as a result of tripping and falling on the threshold of the front door. The plaintiff was a guest at the defendants’ home. The parties had been friends for eight…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case which resulted in a rare reversal of a PTI denial. In State v. Denman, the defendant, a former Scotch Plains police officer, appealed from his conviction for third-degree attempted misapplication of funds, N.J.S.A. 2C:21-15 and 2C:5-1. The defendant…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CRANBURY, New Jersey (WABC) — A man was shot and killed by state troopers at a rest stop on the New Jersey Turnpike Thursday. The shooting happened at about 2:45 p.m. at the Molly Pitcher Service Area in Cranbury. The New Jersey Attorney General’s Office said troopers…
(16-04-1150 ) State v. Hester, App. Div. (Decided March 23, 2017) Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark. 4 cases were recently consolidated for review by New Jersey Appellate Division. In each of the matters, an issue arose of whether it was a violation of the Ex Post Facto Clause of New Jersey’s…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The statute explicitly confers upon defendants a right to appeal an order of pretrial detention “pursuant to the Rules of Court” N.J.S.A. 2A:162-18(c) and “shall be heard in an expedited manner.” An appellate court “may find an abuse of discretion when a decision ‘rest[s] on an impermissible…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The State is obligated to demonstrate the propriety of defendant’s tier classification by clear and convincing evidence. In re Registrant M.F., 169 N.J. 45, 54 (2001). For a Megan’s Law Tier analysis, the precise nature of his original offenses would have been considered. Many aspects of his…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new Bail Reform Act (the “Act”), which has been in effect since January 1, 2017, is now being analyzed by New Jersey Courts. Part of the Act is the new automated risk-assessment process in deciding whether pretrial detention is appropriate. The automated process gathers information about…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new system in the Bail Reform Act favors pretrial release and monitoring as the presumptive approach and limits preventive detention to defendants who actually warrant it. Nonetheless, the trial court remains authorized, upon motion of a prosecutor, to order pretrial detention of a particular defendant when…
14-2-2812 State v. C.W., N.J. Super. App. Div. (Sabatino, P.J.A.D.) (50pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey Appellate Division in which several issues under the new Bail Reform Act (the “Act”) were reviewed for the first time. Factual Circumstances In the case, a nineteen year…