Police Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights

January 5, 2021 |

State v. Sims—-NEWS FLASH—-  NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…

Appeals of Prior Conviction and Sentence of Conspiracy to Commit First-Degree Robbery and Other Crimes

January 3, 2021 |

State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and…

Order Denying Defendant’s Request to Terminate His Alimony Obligation

December 31, 2020 |

Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7…

ADVERSE REACTIONS TO COVID 19 VACCINE MAY BE COMPENSABLE UNDER NEW JERSEY WORKERS’ COMPENSATION LAW

December 29, 2020 |

December 28, 2020 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark COVID-19 vaccines are being administered across the nation.  Little is known about the full effects of the vaccines, and as time progresses, we will begin to know more about the effectiveness and possible side effects and adverse reactions.  A big question for Workers’…

Modifying Child Support and Alimony on Changed Circumstances After Plaintiff’s Business Was Investigated for Fraud

December 23, 2020 |

T.S. v. P.T. Docket No. A-0679-18T2 Decided December 22, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order modifying child support and alimony on changed circumstances after plaintiff’s business was investigated for fraud and lost a contract. In T.S., after 14 years of…

2021 NEW JERSEY EXPUNGEMENTS OF CRIMINAL RECORDS ARE TO BE FILED ELECTRONICALLY

December 22, 2020 |

December 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark As of December 8, 2020, New Jersey has updated its expungement law, with the Supreme Court of New Jersey requiring all parts of the judiciary to expand its eCourts electronic filing program to encompass expungement petitions.  The Order states as follows: Petitioners shall apply for…

Out of State Grave’s Act Offense: Key Issue Is the Ability to Prove for Any County Prosecutor PTI Coordinator Adequate Supervision in The Defendant’s Home State

December 20, 2020 |

State of NJ v. James Ray   Decided December 11, 2020 On appeal from the Superior Court of New Jersey, Law Division, Bergen County, PER CURIAM PTI Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant James D. Ray signed a pre-trial intervention (PTI) application that was denied by the Bergen County prosecutor. He is appealing against the…

Statewide Dismissal Process for Old Unresolved Minor Municipal Court Cases

December 20, 2020 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

Denial of A Temporary Restraining Order (TRO); No Predicate Act or Credibility, and Reliance on Irrelevant Facts

December 18, 2020 |

L.E.A. v. M.A. Docket No. A-4174-18T3 Decided December 16, 2020 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to a predicate act, failed to make credibility…

Emergency Circumstances Can Create an Exception to Warrants, Probable Cause, and Plain View

December 16, 2020 |

State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress where police entered a home and a hotel room investigating a shooting and using emergency…