Graham v. Silver Care Nursing Center |

March 8, 2014 |

39-2-3115 Graham v. Silver Care Nursing Center, App. Div. (per curiam) (10 pp.) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Defendant appeals from the order of the Workers’ Compensation Court awarding petitioner medical and temporary disability benefits for injuries caused by an admittedly compensable accident, arguing that the record lacked sufficient credible evidence to…

Looking for a Lawyer? Here’s Help

March 6, 2014 |

Finding an Experienced Trial Lawyer in New Jersey Finding a lawyer to represent your best interests is one of the most critical parts of the lawyer selection process.  At Hark and Hark, we take that responsibility seriously and are ready to represent you.  Please review our website and all the information we are providing you…

DiGerolamo v. Gale | Personal Injury from Tractor-Trailer Accident

February 28, 2014 |

TORTS | MOTOR VEHICLES – submitted by truck crash attorney, Jeffrey Hark. 36-7-3005 DiGerolamo v. Gale , Dist. Ct. (Kugler, U.S.D.J.) (12 pp.) In this personal injury action arising out of a collision between the vehicle driven by plaintiff and the tractor-trailer driven by defendant Gale, defendant Cheyenne’s Pilot Cars Inc., which contracted with the tractor-trailer’s owner…

Feliciano v. Faldettaf | Offer of Judgement Rule and New Jersey Civil Law

February 26, 2014 |

36-2-2923 Feliciano v. Faldettaf, App. Div. (Waugh, J.A.D.) (9 pp.) Download the entire case here Case review submitted by New Jersey civil lawyer, Jeffrey Hark In this Appellate Division case the court was asked to decide if the plaintiff’s attorney is entitled to his hourly rate request on a contingent fee case once the condition precedents of the Offer of Judgement…

State v. M.G.M . | New Jersey DWI and Pre Trial Intervention (PTI)

February 26, 2014 |

14-2-2963 State v. M.G.M ., App. Div. (per curiam) (11 pp.) Submitted by New Jersey DWI lawyer, Jeffrey Hark Several years ago the New Jersey legislature created the 4th degree offense under NJSA 2C:20-40-26(b) of driving while suspended as a result of a DWI suspension. This defendant, once indicted applied for PTI, Pre Trial Intervention.  The county…

State v. McGrath | New Jersey DUI and the Ignition Interlock Device

February 25, 2014 |

14-2-2924 State v. McGrath, App. Div. (per curiam) (14 pp.) Submitted by New Jersey DWI attorney, Jeffrey Hark After a trial de novo in the Law Division, defendant appeals from his conviction for refusing to submit to a chemical breath test. Defendant argues the conviction should be reversed because the officer read the April 2004…

Emergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls

February 9, 2014 |

State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls.  In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…

The “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls

February 9, 2014 |

Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…

Consent to Search a Home without Exclusive Access and Control of Property

January 24, 2014 |

NEW JERSEY CRIMINAL LAW 14-2-2622 State v. Cushing, App. Div. (per curiam) (26 pp.) There are two key issues in this case. The first is the ability of an owner of a property (or their ‘attorney in fact’ agent) to give consent to the police to search a home which they do NOT have exclusive access and…

State of New Jersey vs Michael Cushing | Consent and Warrantless Search

January 24, 2014 |

Download the PDF here or visit the New Jersey Courts website RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0856-12T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL CUSHING, Defendant-Appellant. ____________________________________________________ Argued October 8, 2013 – Decided Before Judges Messano, Hayden and Rothstadt.…