Joinder of Trials Should Not Override a Defendant’s Right to a Fair Trial

October 31, 2020 |

State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately denied defendant’s request to sever separate counts of an indictment for a defendant that was accused of molesting three…

Refusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal

October 27, 2020 |

State v. Harris Appellate Docket No.: A-5499-18T1 Decided October 26, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a brain tumor. In State v. Harris,…

Expert Reports Must Be Based on Facts Contained in the Record and Must Fall Within the Scope of The Expert’s Criteria

October 22, 2020 |

Salasevicius v. Cariddi Docket No.: A-4961-18T4 Decided October 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s dismissal of plaintiff’s personal injury complaint where he fell off a ladder working on defendant’s home, as he had failed to prove what caused the…

Protective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful

October 21, 2020 |

State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was…

Legal Principles Can Be Linked to Social Media Posts If They Are Found in Conjunction with a Crime

October 16, 2020 |

State v. Scurry Appellate Docket No.: A-0377-18T1 Decided October 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial to exclude evidence of a video of the defendant rapping with original lyrics about stealing drugs and shooting someone in the head,…

In the Matter of the Expungement Petition of R.B.T.

October 15, 2020 |

Appellate Docket No.: A-2454-19T2 Decided October 14, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a grating of an expungement application for a former municipal court judge that completed PTI after misappropriating fines. In Expungement of R.B.T., R.B.T. was a municipal court judge in…

Why College Contribution and Agreement Language Must be Clearly Specified in a Property Settlement Agreement (PSA)

October 14, 2020 |

Dalena v. Dalena Docket No. A-0412-18T3 Decided October 13, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order for college contribution from the children’s father, Daniel, despite a strict interpretation of the parties Property Settlement Agreement (PSA) providing otherwise. In…

GRAND JURIES TO RESUME, EXCLUDABLE TIME, AND DISCOVERY MODIFICATIONS FOR CRIMINAL DEFENDANTS IN LIGHT OF COVID-19

October 10, 2020 |

October 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its Ninth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic.  The updated provisions are as follows: Reinforcing that grand juries will be selected virtually, and confirming that before December 1, 2020 all…

Award of Sole Custody, Equitable Distribution, Debt Allocation, Child Support, and Counsel Fee Award From a Default Hearing

October 10, 2020 |

K.M.L. v. R.J.L. Docket No. A-4423-18T3 Decided October 8, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s award of sole custody, equitable distribution, debt allocation, child support, and counsel fee award from a default hearing against the defendant. In K.M.L., plaintiff…

Expanding Grand Juries; Excludable Time; Relaxing Pre-Indictment Discovery; Provisional New Pre-Indictment Hearing

October 9, 2020 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.