Processes To Obtain a Certification of Expungement for Certain Marijuana and Hashish Cases in Accordance with the Marijuana Decriminalization Law

August 31, 2021 |

Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark

E.S. v. Brunswick Investment Limited Partnership, et al.

August 31, 2021 |

E.S. v. Brunswick Investment Limited Partnership, et al. Docket No.: A-3372-18 Decided August 27, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether building owner could be held vicariously liable for a property manager who sexually assaulted a tenant. In E.S., from approximately March 1,…

Whether an informant’s confidential tip can be the basis for a traffic stop.

August 30, 2021 |

Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In the Mesadieu case, the Appellate Division held that Mesadieu’s detention was lawful.  The New Jersey Supreme Court has established under State v. Davis, 104, N.J. 490, 504 (1986) that a court must evaluate the totality of the circumstances surrounding the police-citizen encounter to determine the…

Trial Court’s Denial of a Final Restraining Order (FRO) Decision REVERSED For Failing to Recuse Himself for Appearing to Be Biased

August 27, 2021 |

M.G.S. v. K.F. Docket No. A-0480-20 Decided August 25, 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 In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a Final Restraining Order (FRO) for failing to recuse himself for appearing to be biased. In M.G.S., the parties’ longtime relationship…

NEW JERSEY MENTAL HEALTH RECORD EXPUNGEMENT

August 25, 2021 |

In re E.C. Petition for Expungement Appellate Docket No.: A-3713-13T2 Decided July 8, 2015 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed the requirements for the expungement of mental health records and produced a legal standard for same. In E.C., E.C. was a…

Prior Bad Acts Under NJRE 404(B) Are Generally Inadmissible Unless, The Four Prong Cofield Test Is Met

August 24, 2021 |

State v. Canales Appellate Docket No.: A-5846-17 Decided August 20, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether introduction of evidence of an uncharged assault in which the victim did not think she could identify the defendant in the future, prejudiced…

Is a Sidewalk That Was Closed to The Public, A “Closed Structure” For the Criminal Charge of Burglary

August 19, 2021 |

State v. Richardson Appellate Docket No.: A-2244-19 Decided August 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 a sidewalk that was closed to the public was a “closed structure” for the criminal charge of burglary. In State v. Richardson,…

Divorce Plaintiff Misled the Court About His Income; Counsel Fees Were Awarded to the Defendant Payable by Plaintiff

August 17, 2021 |

K.W. v. S.W. Docket No. A-2884-19 Decided August 17, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to recalculate child support and award $102,911.28 in counsel fees to the Defendant. In K.W. v. S.W., The parties divorced in 2013 after nine years…

New Jersey Court Rule Changes

August 12, 2021 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

An Officer Can Access the Information on Their Mobile Data Terminal (MDT) Randomly, Without Reasonable Suspicion

August 11, 2021 |

State v. Carrigan Appellate Docket No.: A-1252-19 Decided August 10, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable suspicion that a traffic offense is being committed. In State…