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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial to exclude evidence of a video of the defendant rapping with original lyrics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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a grating of an expungement application for a former municipal court judge that completed PTI after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 In a recent unpublished decision the Appellate Division reviewed a trial court’s order for college contribution from the children’s father, Daniel, despite a strict interpretation of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.

The Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest

October 8, 2020 |

State v. Macrae Appellate Docket No.: A-1303-18T2 Decided October 6, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…

PTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended

October 7, 2020 |

State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a…

How Out of Court and In-Court Identification of Defendant Can Require a New Trial

October 6, 2020 |

State v. Balloutine Appellate Docket No.: A-4894-17T4 Decided October 5, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…