Denial of Due Process

February 8, 2013 |

On February  7, 2013, the New Jersey Appellate Division decided the case State v. Gibson  (Docket No. A-5163-10T2) and found that the municipal court erred by relying on evidence from a suppression hearing during defendant’s trial on the merits. By doing this, the defendant was denied his due process rights.Posted by: New Jersey Criminal Lawyer,…

Proposed Changes to New Jersey Drunk Driving Law

February 8, 2013 |

Major Changes Proposed to New Jersey Drunk Driving Law   Submitted by NJ DWI Lawyer, Jeffrey Hark. Senate Bill 2427 introduced on January 8, 2013 would require all drunk driving offenders to install an ignition interlock devicein any motor vehicle that he or she owns, leases, or primarily operates for a set duration. If the drunk…

Drug Issues Case NJ Supreme court

February 6, 2013 |

State v. Earls420 N.J. Super. 583 (App Div. 2011) Posted by: New Jersey Criminal Lawyer, Jeffery Hark Relevant Facts: The defendant was suspected of committing numerous residential burglaries. Officers obtained an arrest warrant for the defendant and couldn’t locate him. Thus, the police contacted T–Mobile, which was defendant’s cell phone carrier. T–Mobile was able to…

Failure to Obey a Legal Command

February 5, 2013 |

State v. Rue Not Reported in A.3d, 2013 WL 195520 (App. Div. 2013) Posted by: New Jersey Criminal Lawyer, Jeffery Hark On March 15, 2007, two officers were patrolling in a high crime area in Trenton. The officers saw an Oldsmobile stopped in a driveway and a person was leaning into the passenger window. The…

Surveillance Discovery Ruling

January 10, 2013 |

Surveillance Discovery In Herrick v. Wilson, the New Jersey Superior Court held that defendants are required to produce copies of the surveillance videos in its possession to the plaintiffs before the plaintiffs are deposed. The plaintiffs in Herrick were involved in a car accident when they were struck by a vehicle driven by a valet…

Consent to Search

January 8, 2013 |

Posted by: New Jersey Criminal Lawyer, Jeffery Hark Under Article I, paragraph 7 of the New Jersey State Constitution. the validity of a consent to a search must be measured in terms of waiver. State v. Johnson, 68 N.J. 349, 353-54 (1975). “Where the State seeks to justify a search on the basis of consent…

OUT OF STATE DWI CONVICTION

October 25, 2012 |

LICENSE SUSPENSION 05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was…

The effect of prior settlements on “Buyer’s Remorse” Malpractice Cases:

August 4, 2012 |

Submitted by: Professional License Defense Attorney, Jeffrey Hark. Under New Jersey law, the existence of a settlement does not preclude a defendant from seeking malpractice damages against negligent attorneys involved in or prior to the negations of that settlement. Ziegelheim v. Apollo, 128 N.J. 250, 265 (1992). Indeed, plaintiff need not make efforts to repudiate…

State v. McDonald – Motor Vehicle Accident within 1,000 Feet of a School

August 4, 2012 |

Submitted by: Vehicle Accident Attorney, Jeffrey Hark. In its recent decision in State v. McDonald, A-118-10, N.J. (July 23, 2012), the New Jersey Supreme Court clearly annunciated the standards for determining whether a motor vehicle accident occurred within 1000 feet of a school for the purposes of N.J.S.A. 2C:12-1(c)(3)(a) (the DWI assault by auto statute).…

State v. Duprey – New Jersey Domestic Violence Case

August 4, 2012 |

Submitted by: New Jersey Domestic Violence Lawyer, Jeffrey Hark. State v. Duprey, ___ N.J. Supser. ___, Docket No. A-5469-10T4 (App. Div. August 1, 2012) In a recent decision, the Appellate Division has ruled that testimony given during a domestic violence hearing may be now be used to impeach the credibility of the domestic violence complainant…