Reversed: Entry of a Final Restraining Order (FRO); Court Failed to Inform the Consequences of an FRO And Right to an Attorney

April 26, 2022 |

A.A.R. v. J.R.C. Docket No. A-2804-20 Decided April 25, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed any entry of a Final Restraining Order (FRO) because the trial court failed to instruct the defendant as to the consequences of an FRO and his…

Reversed: Denial of Defendant’s Motion to Sever Sexual Abuse Allegation Trial

April 26, 2022 |

State v. Karl Smith Appellate Docket No.: A-5557-17 Decided April 19, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of defendant’s motion to sever trials, pertaining to sexual abuse allegations against his daughter and defendant’s girlfriend’s daughter on separate occasions. In State v.…

Reversed: Denial of The State’s Motion to Compel Disclosure of Defendant’s iPhone Passcode

April 20, 2022 |

State of New Jersey v. C.J.L. Appellate Docket No.: A-1052-21 Decided April 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of the State’s motion to compel disclosure of defendant’s iPhone passcode based on the misapplication of the foregone conclusion. In C.J.L.,…

Motor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change

April 18, 2022 |

State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather…

Prior Uncounseled Convictions for Driving While Intoxicated (DWI) Cannot Be Used to Enhance a Sentencing Scheme for Subsequent DWI Convictions

April 7, 2022 |

State v. Michael Konecny Appellate Docket No.: A-21-20 Decided April 5, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey held that a prior uncounseled conviction for driving while intoxicated (DWI) cannot be used to enhance a sentencing scheme for subsequent DWI convictions. In Konecny, after…

Information On Social Media, Even Contained In “Private” Messenger Applications, Is Not Private Information

April 6, 2022 |

Facebook v. State of New Jersey Appellate Docket No.: A-3350-20 A-119-21 Decided April 4, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether communication data warrants (CDW) can require the disclosure of prospective communications, or whether prospective communications require a wiretap order. In Facebook…

Final Restraining Order (FRO) Affirmed Against Defendant After the Court Found Defendant Threatened to Burn Down Plaintiff’s House

March 31, 2022 |

Z.A.S.C. v. A.C.C. Docket No. 0810-20 Decided March 30, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after the Court found defendant threatened to burn down plaintiff’s house. In Z.A.S.C., the…

New Jersey Division of Workers’ Compensation Reopening All Court Facilities

March 31, 2022 |

Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark.

YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION III

March 31, 2022 |

State of New Jersey v. S.M.C. and Y.A.K. Appellate Docket No.: A-3765-20 Decided September 11, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the 5th Amendment right…

Driver was going 113 mph just before fatal DWI crash, prosecutor says

March 31, 2022 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A man charged in a fatal drunken driving accident in Salem County was traveling at 113 mph moments before the crash, a prosecutor said in court Wednesday. Stephen M. Karwowski, 30, of Pittsgrove Township, is charged with first-degree aggravated manslaughter, second-degree vehicular homicide and fourth-degree assault by auto…