Kidnapping Under the Statute While a Sex Assault Occurred

August 5, 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…

Guardianship of Incompetent or Handicap Individual

July 24, 2020 |

Memorandum ISSUE: How does the court appoint a family member or guardian over another family member who is handicapped or incompetent? LAW: If the court finds that a person is incapacitated, the court must then independently determine whom to appoint as guardian. In making this determination, the court should consider the recommendations of the court-appointed…

Constitutionality of a Warrantless Search and a Protective Sweep of a Residence

July 24, 2020 |

State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…

State v. Hreha and Motions to Suppress

July 24, 2020 |

State v. Hreha Appellate Docket No.: A-2744-19T3 Decided July 21, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division overturned a trial court’s suppression of evidence recovered from an overdose victim’s cellphone which included text message from defendant implicating him in a drug deal that led…

State v. Davis | On the Pitfalls of Sharing a Lawyer

July 24, 2020 |

State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…

Contempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act

July 22, 2020 |

State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…

Reopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances

July 22, 2020 |

State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…

Wrongful Death – Tree Falls on Car Killing Driver

July 22, 2020 |

Estate of Niler v. Twp. of Millburn: Submitted by New Jersey Wrongful Death Lawyer, Jeffrey Hark On or about July 10, 2015, decedent was driving along a road intersecting with the South Mountain Reservation. The South Mountain Reservation is owned and maintained by Essex County. While decedent was driving, a tree in the South Mountain…

College Contribution Requirement in Divorce and Failure to Supply Financial Documentation

July 22, 2020 |

Royster v. Royster Docket No. A-2715-18T3 Decided July 20, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…

Temporary Restraining Order (TRO) and Final Restraining Order (FRO) when Threatened with Forceable Rape

July 22, 2020 |

B.E.D. v. D.S.W. Docket No. A-3436-18T2 Decided July 20, 2020 Submitted by New Jersey Restraining Order Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division overturned a Final Restraining Order (FRO) entered by the Trial Court despite allegations of a forced rape with a gun, and several gruesome details a prior…