Driving While Administratively Suspended May Remain Indictable Offense

July 3, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Perry et. al. is a case against several defendants that was consolidated for decision because the same legal issues were at play in all of the cases. It has to do with N.J.S.A. 2C:40-26(a)(b) which makes driving while suspended a fourth degree criminal offense with…

Report: Branchburg school bus crash could lead to $1.5 million lawsuit

July 2, 2015 |

Submitted by New Jersey Bus Accident Lawyer, Jeffrey Hark BRANCHBURG — A driver injured after a Branchburg school bus plowed into five cars at a traffic light may sue for $1.5 million, MyCentralJersey.com reports. Christopher Banz has filed a notice of tort claim, which preserves his right to sue, after a February crash on Route 202…

Large Gap Between Reasonable Suspicion and Probable Cause

July 2, 2015 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Lewis, decided by the Appellate Division, on June 25th, is an appeal of a conviction partially based on a motion to suppress evidence that defendant argues was improperly denied by the trial court. The relevant facts are that the defendant was spotted by an…

Dump Truck Takes Out Light Pole But Avoids Serious Crash In Manchester

July 1, 2015 |

The truck’s driver lost control trying to avoid a vehicle that was making a turn, police said. Submitted by New Jersey Dump Truck Accident Lawyer, Jeffrey Hark. A dump truck slid more than 300 feet and took out a light pole on Route 539 Tuesday, but there were no injuries in the crash, Manchester police…

Parking Lots May Be Structures In Burglary Cases

June 30, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Olivero, decided June 29th, resulted in a unanimous opinion from the New Jersey Supreme Court deciding the question: Does a parking lot constitute a structure as would make someone criminally liable for burglary under N.J.S.A. 2C:18-2a? N.J.S.A. 2C:18‑2a insofar as it is applicable to this…

Road Warrior: Cresskill fatality underscores risks truckers will take

June 29, 2015 |

Submitted by New Jersey Truck Accident Attorney, Jeffrey Hark. If you drive down Grant Avenue in Cresskill, you can’t help but notice more than three-dozen floral bouquets spread evenly on the ground at the corner of Jefferson Avenue where a 13-year-old boy on his way to school was killed 11 days ago in a most…

Don’t Wait on Miranda to Protect You

June 26, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…

Do Not Disturb: SCOTUS Holds Warrantless Searches of Hotel Guest Records Unconstitutional

June 25, 2015 |

Submitted by New Jersey Criminal Attorney, Jeffrey Hark On June 22, 2015 the U.S. Supreme Court decided City of Los Angeles, California v. Patel et al., a case that pitted Fourth Amendment rights against a city’s interest in reducing crime. The controversy arose out of L.A. Municipal Code Section 41.49(3)(a) which requires hotel operators to…

Police: Truck got caught in gates before Long Branch train crash

June 25, 2015 |

Submitted by Truck Crash Attorney, Jeffrey Hark. LONG BRANCH – The New Jersey Coast Line faced several delays Wednesday morning after a tractor trailer got stuck between the railroad gates and was struck by a train, police said. The truck, driven by Nelson Menendez of Springfield, Massachusetts, was on its way to drop off grocery…

Knowing, Intelligent and Voluntary

June 25, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Previously a blog concerning urbina case discussed what constitutes the crime of aggravated manslaughter and the defense of self-defense. Today’s blog will explain waiver of a defense of self-defense, and briefly discuss the process of appeal after a plea agreement. As discussed in the last blog, the basic…