Counsel Fees (And Counsel Fee Awards) Are Always an Issue When Lawyers Are Involved in a Divorce

January 29, 2021 |

Wilk v. Wilk Docket No. A-5013-18T1 Decided January 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s decision to award plaintiff $40,000 in counsel fees payable by defendant at the conclusion of their divorce. In Wilk, The parties were married for eighteen…

Evidentiary Rulings Can Make or Break A Defense to a Criminal Action

January 28, 2021 |

State v. Kane Appellate Docket No.: A-1996-18T4 Decided January 26, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a confidential informant and prior knowledge…

Graves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm

January 26, 2021 |

State v. Rodriguez Appellate Docket No.: A-3586-19T4 Decided January 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a prosecutor’s denial of a Grave’s Act waiver and a trial court’s reversal of that decision, granting the waiver. In State v. Rodriguez, a search…

When seeking a modification to custody agreements, these items must be evaluated.

January 26, 2021 |

J.M. v. C.K. FAMILY LAW-Filed: 2021-01-19 NJ Appellate Division Submitted by Family Law Firm, Hark and Hark. In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody…

2013 New Jersey Revised Statutes Appendix A – EMERGENCY AND TEMPORARY ACTS Section App.A:9-49 – Violations as disorderly conduct; penalty; prosecution

January 25, 2021 |

Universal Citation: NJ Rev Stat § App.A:9-49 (2013) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. App.A:9-49. Violations as disorderly conduct; penalty; prosecution Any person who shall: a. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;…

Witnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge

January 22, 2021 |

State v. Amrit Singh Appellate Docket No.: A-37-19 Decided January 21, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether a detective’s reference to “the defendant” while narrating surveillance footage of a robbery and comparing defendant’s shoes to those in the video were reversible…

Violations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts

January 21, 2021 |

State v. E.J.H. Appellate Docket No.: A-4228-19T1 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Temporary Restraining Order (TRO) contempt charge when defendant spoke directly into a “Nest” home security camera knowing the victim…

Prosecutor Misconduct During A Trial Can Be Means to Denying A Defendant A Right to A Fair Trial

January 20, 2021 |

State v. Damon Williams Appellate Docket No.: A-46-19 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether the use of an image from the Shining during closing summation was appropriate in a circumstance where no physical force was used. In State…

Oral Argument Is Rarely Denied in Navigating Complex Matters in Family Law Such as Modifications of Parenting Time

January 19, 2021 |

Robertelli v. Robertelli Docket No. A-1187-19T2 Decided January 15, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reversed a trial court’s denial of oral argument and plaintiff’s motion to modify parenting time. In Robertelli, the parties were married for 13 years before divorce and had…

State v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08

January 15, 2021 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…