Personal Injury Case Regarding Overpass Low Clearance and Signage Immunity

October 2, 2020 |

Koehler v. Smith Docket No.: A-2414-18T4 Decided October 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether a private contractor was subject to traffic sign immunity when a bucket truck boom struck a low underpass that lacked low clearance signage causing injury to…

Challenging the Trial Judge Erred by Denying His Motion to Dismiss Count One of the Indictment

September 30, 2020 |

State v. Decker Appellate Docket No.: A-3928-17T1 Decided September 29, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of defendant’s pretrial motion to dismiss a count of him being a leader of a gun trafficking unit. In State v. Decker,…

Matrimonial Settlement Agreements Must Be Clear, In Writing, and Preferably Filed with the Court

September 29, 2020 |

Figueroa v. Figueroa Docket No. A-0043-19T2 Decided September 28, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify the parties’ Matrimonial Settlement Agreement (MSA) because defendant did not read it before signing and failed to demonstrate…

The Co-Conspirator Exception to Hearsay Is Important to Understand for Criminal Cases

September 25, 2020 |

State v. Lopez Appellate Docket No.: A-1210-19T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a jury’s conviction and forty-five year aggregate term of parole ineligibility that included text messages admitted into evidence under the co-conspirator exception to the hearsay rule.…

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020

September 24, 2020 |

New Jersey Supreme Court Established bright line ‘probable cause test” in 2015: State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…

What is Probable Cause in New Jersey and what is Lawful Interaction of Police?

September 24, 2020 |

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted…

What is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla

September 24, 2020 |

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Another key to this decision is the standard of review by the appellate court, which is used in virtually every appellate appeal for trial court decisions.  In order to be successful on appeal you must be aware…

The Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime

September 24, 2020 |

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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 of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver…

Importance of Supplying an Updated Case Information Statement When Applying to Modify Child Support

September 23, 2020 |

Curreri v. Curreri Docket No. A-1277-18T2 Decided September 22, 2020 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify child support, and denying a request for the defendant to supply an updated case information statement (CIS). In Curreri,…

Be Careful When Challenging Alcotest Test Results | New Jersey DWI

September 22, 2020 |

State v. Meyer Appellate Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court. In State v. Meyer, defendant was involved in a three-car accident in Lacey Township that resulted in…