The Focus of Title 9 Is Not The “Culpability of Parental Conduct” But Rather “The Protection of Children.”

November 2, 2021 |

NJ DCPP v. C.F. and M.L. Docket No. A-1550-19 Decided November 1, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a finding of abuse and neglect after defendant left the child in a seat and fled the apartment after the other party went after him…

Officers Are Not Allowed to Ask for Passenger Identification Unless They Believe the Passenger Is Also Committing a Crime.

November 2, 2021 |

State v. Boston Appellate Docket No.: A-4752-17 Decided September 16, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a conviction for an improper request for identification of a passenger in a vehicle, leading to the finding of warrants and cocaine on…

If You or Someone You Know Seeks to Terminate Their Megan’s Law Obligations or Community Supervision for Life

October 30, 2021 |

In the Matter of Registrant S.G. Appellate Docket No.: A-2560-19 Decided October 28, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of a motion to terminate obligations under Megan’s Law. In S.G., In 1997, a fifteen-year-old girl reported that, over…

Motions To Reconsider Child Support, Custody and Parenting Time, Distribution of Assets, and Various Other Calculations from The Judgement of Divorce Were Granted in Part and Denied in Part

October 26, 2021 |

J.A.M. v. S.J.G. Docket No. A-0262-20 Decided October 25, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed a post dissolution order which granted in part and denied in part motions to reconsider child support, custody and parenting time, distribution of assets, and various other calculations from…

Can a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?

October 26, 2021 |

State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan…

To Effectuate a Traffic Stop, Or Investigation and Questioning Officers Only Need a Reasonable Suspicion That a Crime Is Being Committed

October 20, 2021 |

State v. Days-Jackson Appellate Docket No.: A-2002-19 Decided October 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause existed for a search of the trunk revealing marijuana and firearms. In State v. Days-Jackson, while on duty one night,…

Confidential Information (CI) Tip of The Wrong Car Led to An Arrest and Finding of Heroin

October 19, 2021 |

State v. Gray Appellate Docket No.: A-4589-18 Decided October 14, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause for an arrest existed for a Confidential Information (CI) tip of the wrong car led to an arrest and finding of heroin because of a call made to an…

To Convert a Temporary Restraining Order into a Final Restraining Order, They Must Prove a Predicate Act of Domestic Violence

October 15, 2021 |

I.M.R. v. A.R.S. Docket No. A-0216-19 Decided October 13, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s improper findings of criminal mischief, failure to make legal assessments as to…

Understand the Differences Between a Survival Action and Wrongful Death Action

October 12, 2021 |

CHANDLER V. KASPER Docket No.: A-2143-20 Decided October 7, 2021 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey reviewed the difference between a wrongful death action and a survival action in light of a statute of limitations issue. In Chandler, the decedent, Joseph…

Conviction of Sexual Abuse of a Minor Reversed After a Treating Doctor’s Testimony Was Improperly Admitted During Trial

October 8, 2021 |

State v. G.W. Appellate Docket No.: A-2310-18 Decided October 7, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a jury conviction of sexual abuse of a minor after a treating doctor’s testimony was improperly admitted during trial. In State v. G.W., tried…