If You Have Not Been Charged with a Crime, Police Do Not Have to Inform You If You Are Arrested or If You Are a Suspect

November 24, 2020 |

State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a suspect’s statement made to police is admissible when he was wrongfully informed that he was not under arrest. In State v. Wade, a dark-colored…

SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS

November 19, 2020 |

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO).  With these matters, there is often little or no evidence detailing that events other than your testimony.  If social media contradicts your testimony or demeanor, or shows you…

Why Is It So Hard To Test Whether Drivers Are Stoned?

November 19, 2020 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Law enforcement officials would love to have a clear way to tell when a driver is too drugged to drive. But the decades of experience the country has in setting limits for alcohol have turned out to be rather useless so far because the mind-altering compound in cannabis,…

New Jersey halts in-person trials, grand jury proceedings due to COVID-19 surge

November 18, 2020 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court on Monday suspended all in-person trials and grand jury proceedings due to a surge in COVID-19 cases. The order handed down by Chief Justice Stuart Rabner is effective immediately. It’s the second time this year that the pandemic has halted in-person trials…

Decrease in Alimony Granted as a Result of a Loss of Employment.

November 18, 2020 |

P.J.W. v. E.B.W. Docket No. A-5308-18T3 Decided November 16, 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 In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony as a result of a loss of employment. In P.J.W., the parties divorced after 20 years of marriage. …

NEW JERSEY LEGISLATURE PROPOSES BODY CAMERAS FOR ALL POLICE OFFICERS

November 17, 2020 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On February 3, 2020, the Legislature introduced Senate, No. 1163, sponsored by Senator Shirley K. Turner, Assemblywoman Cleopatra G. Tucker and Assemblyman Herb Conaway, Jr. that requires body cameras to be worn by all New Jersey uniformed police officers. These include State, county, and municipal patrol law enforcement…

South Jersey doctor, who lives at Shore, charged in billing fraud scheme

November 15, 2020 |

Vin Ebenau Published: November 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A pain management doctor, who also specializes in anesthesia, with practices in Central and South Jersey has been charged by U.S. Attorney Craig Carpenito for his alleged role in a multi-million billing fraud scheme. Dr. Morris Antebi, 68, of Long Branch has…

Probable Cause: Smell of Marijuana | What happens in New Jersey the smell of weed is no longer considered Probable Cause?

November 15, 2020 |

STATE OF NEW JERSEY v. PAUL K. EUSTACHE,   Decided November 10, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Issue in case- Search without warrant The Rahway police department received an anonymous call that a white SUV had pulled into an apartment complex and described: “the driver was a black man with [dreadlocks], and…

NEW JERSEY GOVERNOR MURPHY SIGNS NEW WORKERS COMPENSATION LAW AFFECTING HAND AND FOOT INJURIES

November 14, 2020 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Signed October 30, 2020 Changes were made this year as to New Jersey’s Workers’ Compensation recovery for hand, foot and fingers injuries.  Governor Phil Murphy recently signed legislation amending L 2019, c. 387 to clarify which cases the law would apply to. As far as the…

NEW JERSEY VOTES TO LEGALIZE MARIJUANA – BUT IT’S NOT LEGAL YET!

November 13, 2020 |

SENATE INTRODUCES PROPOSED BILL Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 5, 2020, the 219th Legislature introduced Senate, No. 21, sponsored by Senators Nicholas P. Scutari and Stephen M. Sweeney, detailing a regulation structure for marijuana legalization.  Most of the provisions of the proposed bill relate to establishing the oversight committees and…