Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark State v. Waters decided January 30, 2015 by the Appellate Division is yet another case that shows the consequences of either not understanding or ignoring concealed carry/automobile weapons laws in New Jersey. The case also helps readers understand Pre-Trial Intervention a little bit better. The defendant…
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark Today’s blog revisits State v. Elsobky decided by the Appellate Division on January 30, 2015.In an earlier blog we discussed the law surrounding concealed carry permits in N.J. After the defendant was pulled over and informed the officer that he was in possession of a weapon,…
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark Three lessons can be learned by the readers of this particular blog: 1) The basics of how an appeal of a denial of Pre-Trial Intervention (PTI) works 2) The importance of understanding what a concealed permit entitles you to do with your weapon under different state…
Submitted by New Jersey DWI Attorney, Jeffrey Hark John Ruocco, Chief Executive of Interceptor Ignition Interlocks, does a demo of the device called the Interceptor by blowing into a breathalyzer in this 2010 file photo. (Jennifer Brown/The Star-Ledger) TRENTON — A proposed law to drastically change the way New Jersey punishes drunken drivers has hit…
Statement of the newly proposed drunk driving legislation This bill revises penalties for various drunk driving offenses. These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use driver’s license, or alternatively, mandating…
Submitted by New Jersey DWI Attorney, Jeffrey Hark. The state Senate passed legislation on Thursday (S-2427) that would require drunk drivers to install an ignition interlock device into their vehicle. The bill passed the Senate with a vote of 34 to 2, and is now sent to the Assembly Judiciary Committee. “This bill attempts to…
Submitted by New Jersey DWI Attorney, Jeffrey Hark ASSEMBLY, No. 3835 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED FEBRUARY 14, 2013 Sponsored by: Assemblywoman LINDA STENDER District 22 (Middlesex, Somerset and Union) Assemblyman RALPH R. CAPUTO District 28 (Essex) SYNOPSIS Revises penalties for certain drunk driving offenses, including mandating installation of ignition interlock…
Submitted by New Jersey Lawyer, Jeffrey Hark The State may not attack one witness’s credibility through another witness’s assessment of that credibility. At trial, a party may introduce evidence that an adverse witness is biased, and parties may demonstrate bias through extrinsic evidence. N.J.R.E. 607. Such extrinsic evidence may include statements or “utterances.” N.J.R.E. 803(c)(3)…
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark State vs. R.K. New Jersey Supreme Court February 3, 2015. At issue in this case is: the introduction of an alleged minor victim’s testimony by the state as “Fresh Complaint” evidence as opposed to substantive evidence of a crime and the entitlement of a defendant to…
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The tender-years exception to the hearsay rule which states: [A] statement made by a child under the age of 12 relating to sexual misconduct committed with or against that child is admissible in a criminal, juvenile, or civil proceeding if (a) the proponent of the statement…