Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975) Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…
Submitted by Criminal Defense Attorney, Jeffrey Hark. State v. Fereirra decided on May, 7 2014 was an appeal to the N.J. Superior Court, Appellate Division, that considered the balance between the probative value of evidence submitted and the prejudicial effect it has on the jury. By prejudicial effect what is meant is that some evidence…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. R.W.H. was decided by the Superior Court of New Jersey, Appellate Division on December 13, 2013 and considered some of the factors that could deny a defendant a fair trial. The case concerned the Defendant, the estranged mother of their children, T.J., and her new…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark There have been recent developments to New Jersey Harassment Statutes that all people with cell phones, computers and internet social media access should be aware of. As of January 1, 2014, N.J.S.A 2c:33.1 creates the Cyber Harassment Statute. Violation of the Statute takes place when someone uses…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark 62-2-3970 Patel v. Showboat Casino, App. Div. (per curiam) (6 pp.) Petitioner appeals a perceived inadequate fee award to his counsel on a motion for medical and temporary disability benefits in the Division of Workers’ Compensation. Because the fee awarded was in accord with applicable law…
Submitted by Workers’ Compensation Attorney, Jeffrey Hark 62-2-3969 Parascandolo v. Dept. of Labor, et. al. , App. Div. (Espinosa, J.A.D.) (26 pp.) The appellant held two part-time jobs when she was temporarily disabled as a result of an injury at her employment by the Board of Education. She received temporary disability benefits (TDB) through her…
Presented by New Jersey DWI Lawyer, Jeffrey Hark. Should the defendant’s blood test results be suppressed in light of the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases? The New Jersey State Supreme…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…
Submitted by New Jersey DWI lawyer, Jeffrey Hark The recent case State v. Parikh involved a DWI charge that was disputed on jurisdictional grounds. However, in the background of the case there was another issue that deserves special attention on this blog. In a last-ditch attempt to have his case dismissed, Parikh invoked the “fruits…