Evidence: Probative Value v. Prejudicial Effect on the Scale of Justice

May 30, 2014 |

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…

Right to a Fair Trial | State of New Jersey v. R.W.H. and Cyber Harassment

May 29, 2014 |

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…

New Jersey Creates Cyber Harassment Statute

May 28, 2014 |

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…

SOCIAL SERVICES LAW | WORKERS’ COMPENSATION | ATTORNEY FEES

May 25, 2014 |

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…

SOCIAL SERVICES LAW | WORKERS’ COMPENSATION

May 25, 2014 |

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…

New Jersey DWI and Suppressed Blood Test Results | A-91-13 State v. Timothy Adkins (073803)

May 21, 2014 |

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…

Warrantless home search and CONSENT? | State v. Coles | State v. Lamb

May 20, 2014 |

Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…

A Bridge, But Not a Loophole: DWI and Shared Jurisdiction

May 15, 2014 |

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…

Pretrial Motions and Preserving a Claim

May 15, 2014 |

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…

Medicaid Shift Fuels Rush for Profitable Clients

May 9, 2014 |

Submitted by New Jersey Fraud Attorney, Jeffry Hark. By NINA BERNSTEINMAY 8, 2014 Photo “They coerced people. They told residents they would lose their Medicaid if they didn’t sign,” said Robert Rosenberg, right, with his roommate, Howard Kucine. Storm evacuees were pressed to sign up with a managed care company. Credit Ruth Fremson/The New York…