N.J.S.A. 30:4-27.24: New Jersey Sexually Violent Predator Act Summary

June 26, 2014 |

Submitted by New Jersey Sex Crime Attorney, Jeffrey Hark. Purpose: Established a civil procedure for the involuntary commitment of sexually violent predators. Supporting cases: FT-2009 FT-2014 In the event that a sexually violent predator cannot be involuntarily committed due to lack of a “mental illness” they can be committed if person: has been convicted, adjudicated…

Setting the Timer: How Judges Determine Sentences

June 25, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog will consider State v. M.S. decided on June 17, 2014 by the Superior Court of New Jersey, Appellate Division. This is a case in which the State of New Jersey appealed an order establishing a Krol term of eleven years for a defendant who was…

Major Ruling Shields Privacy of Cellphones

June 25, 2014 |

Supreme Court Says Phones Can’t Be Searched Without a Warrant Submitted by New Jersey Criminal Attorney, Jeffrey Hark Originally published in the New York Times Read the related SCOTUS case, Riley vs California Chief Justice John G. Roberts Jr. called cellphones “a pervasive and insistent part of daily life.” Credit Stephen Crowley/The New York Times…

Hamilton Township dump-truck crash closes Route 50

June 25, 2014 |

Submitted by truck crash attorney, Jeffrey Hark Originally published on nj.com HAMILTON TWP. – Two dump trucks collided head-on on Route 50 at about 3:30 a.m. Wednesday, according to Channel 6 Action News. At least one person was trapped and fuel spilled onto the highway, near South County Boulevard. Route 50 is closed in both directions.

Workers Compensation Review: Dennis Blake vs. Asbury City & Second Injury Fund

June 24, 2014 |

Submitted by Workers Compensation Attorney, Jeffrey Hark Disability and Appellate Court Standard of Review The subject of this case is the court’s determination, and the appellate division’s affirmation, of the petitioner’s overall level of disability and the appellate court’s standard of review. Review the entire case here. Appellate Court Deference to Trial Court Ruling The…

New Jersey Verbal Threshold Statute | Labarbara, J vs. Oelfke.

June 21, 2014 |

Submitted by New Jersey Civil Lawyer, Jeffrey Hark Appellate Division  division June 11, 2014.  The issue in this case is the ability of a plaintiff  to overcome verbal threshold statute in New Jersey in order to be able to recover financially for non-economic damages in a motor vehicle crash case. The only evidence the plaintiff,…

DWI Appeal taken after a conditional Plea

June 20, 2014 |

State vs. Pressler: Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: Was the defendant driver able to give consent to the officer who provided New Jersey consent form to for the state to draw blood at a hospital without first obtaining a search warrant. The issue boils down to: The level of  the defendant’s mental/physical/…

Prosecutor’s Preclusion of Defendant’s Entry into PTI Is an Abuse of Discretion

June 20, 2014 |

In determining whether to consent to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e),2 and also certain additional factors, policies, and The seventeen factors are: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age of the defendant; (4) The desire of the complainant or…

State’s Use of a Defendant’s Own Investigator to Testify Against His Own Client

June 20, 2014 |

The state’s use of a defendant’s own investigator to testify against his own client at the time of trial! State vs. Nunez:  New Jersey Appellate Division June 10, 2014.  Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this appeal the defendant was awarded a new trial after the state called, and the court allowed…

Drowsy Drivers, Dangerous Highways

June 14, 2014 |

The Trucking Industry Wants to Weaken Safety Rules Days before an accident in which an allegedly drowsy truck driver crashed into a van carrying the actor Tracy Morgan, critically injuring him and killing another passenger, a Senate committee voted to roll back regulations meant to keep fatigued truckers off the nation’s highways. In a display…