Court Reviewed Whether There Was A Kidnapping Under the Statute While A Sex Assault Occurred.

December 8, 2020 |

State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a…

Prior Convictions Admitted in Gun Crime Case, Despite the Conviction Being More Than 10 Years Prior – Evidence That Is Normally Not Admissible

December 8, 2020 |

State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…

Decrease in Alimony and A Credit to Overpaid Child Support as A Result of a Disability and Change of Circumstances

December 8, 2020 |

Stewart v. Alicea Docket No. A-5135-17T2; A-1048-19T1 Decided December 7, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony and a credit to overpaid child support as a result of a Social Security decision of…

Former Cherry Hill Attorney Sentenced For Money Laundering: Feds

December 4, 2020 |

Michael W. Kwasnik, 51, previously pleaded guilty​ to a charge of money laundering. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CHERRY HILL, NJ — A former New Jersey attorney who had offices in Cherry Hill has been sentenced to 18 years in prison for money laundering as part of a multi-year scheme to embezzle…

Is an Exchange of Money in A High Crime Area Enough for Probable Cause, Leading to Arrest and A Search and Seizure of Heroin?

December 3, 2020 |

State v. Rivas Appellate Docket No.: A-5409-17T1 Decided December 2, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey whether a hand to hand exchange of money in a high crime area was enough for probable cause leading to arrest and a search and seizure…

Drug Court – State of New Jersey Adult Drug Court Program-Participant Incentive and Sanction Charts

December 3, 2020 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

Predicate Acts of Domestic Violence Involving Physical Force Will Almost Always Lead to an Issuance of an FRO

December 2, 2020 |

K.B. v. A.R. Docket No. A-0493-19T1 Decided November 30, 2020 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 a Temporary Restraining Order (TRO), as a predicate act that involves violence is almost certain grounds to grant a Final Restraining…

NEW JERSEY ATTORNEY GENERAL INSTRUCTS MUNICIPAL COURT PROSECUTORS TO ADJOURN CASES INVOLVING SMALL AMOUNTS OF MARIJUANA POSSESSION

December 1, 2020 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 25, 2020, New Jersey’s Attorney General Gurbir Grewal provided guidance for prosecutors in relation to marijuana cases that are pending. This guidance came after New Jersey voters elected to amend the New Jersey Constitution to legalize marijuana. The Attorney General advised all municipal, county, and…

If You Are Incarcerated on Pretrial Conditions, It Is Always Important to Be Mindful of a Change in Circumstances That Could Warrant Release

November 25, 2020 |

State v. Paul Docket No.: A-0599-20T6 Decided November 24, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed the requirements to modify pretrial conditions based on a change in circumstances. In State v. Paul, Defendant was charged in a February 26, 2019 complaint warrant with first-degree…

Motor Vehicles Participating in Intrastate or Interstate Commerce May Be Held to Higher Insurance Requirements

November 25, 2020 |

Rafanello v. Taylor-Esquivel Docket No.: A-4397-18T2 Decided November 23, 2020 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a trial court’s dismissal of a third party plaintiff Encompass Property & Casualty Insurance Company of America (Encompass) complaint against third party defendant American Millennium Insurance Company (AMIC)…