Summary – 14-2-0509 State v. Marcano, App. Div. Docket No. A-1021-12T3

July 10, 2013 |

Summary of the prescription drug case involving professional license defense.   In the recent July 2, 2013 decision in State v. Marcanoby the New Jersey Appellate Division, the Court reversed the trial court’s decision to exclude testimony by a key witness against the defendant, Frances Marcano. On October 26, 2010, Dr. Tadeusz Majchrazak reported to…

Charitable Immunity Case Outline

July 2, 2013 |

Three prong test to determine if Charitable Immunity Act is applicable: 1) the entity is a non-profit; 2) was organized exclusively for religious, charitable or educational purposes; and 3) was promoting such objectives and purposes at the time of the injury.    Prong three is further broken down to determine a party is a beneficiary…

New Jersey Overdose Prevention Act

July 1, 2013 |

Read about the recently passed Overdoes Protection Act and how it may impact you if you have recently been charged with a drug crime in New Jersey. Posted by New Jersey Drug Lawyer, Jeffrey Hark

N.J. Dep’t of Children & Families, Div of Youth & Family Servs. V. I.S. A-81-11

June 17, 2013 |

Posted by: New Jersey sex crime defense lawyer, Jeffery Hark The recent decision in N.J. Dep’t of Children & Families, Div of Youth & Family Servs. V. I.S. A-81-11 by the NJ Supreme Court reversed and affirmed in part the Appellate Division’s decision in upholding the use of Title 9 for the removal of two…

New Jersey Blood Alcohol Testing Equipment

June 4, 2013 |

Published by New Jersey DUI Lawyer, Jeffery Harkhttps://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/The equipment used to test drivers for their alcohol level at the 561 police stations around the state of New Jersey, the Alcotest, is to be replaced according to the  state attorney general says in court papers.  Why, after so much controversy??? Because the machine’s manufacturer, Draeger Safety…

State v. DeSantis – Issue Statute of Limitations for Distribution of Illegal Illegal Porn Videos In NJ For a Sex Crimes Prosecution

May 28, 2013 |

The New Jersey Appellate Division has reiterated  that the statute of limitations for the prosecutions of distributions of illegal pornography commences on the date the defendant actually distributed same, not the date of the age of the minors or the date the photos were taken.  The child pornography statute specifically reads that the time to…

Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)

May 28, 2013 |

FEDERAL COURT CRIMINAL LAW — CORRECTIONS Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)   Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark The 3RD CIRCUIT HAS affirmed the trial court’s dismissal of a  CRIMINAL DEFENDANT’S TRANSFER TO THE Adult Diagnostic and Treatment Center.  Plaintiff,a state prison inmate, appeals the…

Timothy Seidel Denied Bail Reduction in Case Involving Death of Millville Police Officer

May 18, 2013 |

Submitted by Jeffrey Hark of the Hark and Hark Law Offices BRIDGETON — Timothy Seidel, the Commercial Township man charged in connection with the death of Patrolman Christopher Reeves, was denied a reduction in his bail Friday at the Cumberland County Courthouse. Seidel, 24, of Laurel Lake was indicted on May 8, by a Cumberland County…

Divided Court Strikes Down Law on Drunk Driving Blood Tests

April 18, 2013 |

Tony Mauro The National Law Journal 04-17-2013  Posted by New Jersey DWI Lawyer, Jeffrey Hark A divided Supreme Court on Wednesday struck down a Missouri law that allowed police routinely to force drunk-driving suspects to give blood samples without a warrant and without consent. A 5-4 majority agreed that the inevitable dissipation of alcohol from…

Criminal Law — Drunk Driving

April 17, 2013 |

Published by New Jersey DWI Attorney, Jeffrey Hark. https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/   14-2-9400 State v. Choi, App. Div. (per curiam) (13 pp.) Defendant, who was arrested for a variety of traffic offenses and pled guilty to driving while intoxicated, appeals the denial of his motion to suppress the evidence of his refusal to submit to a breath…