Expungements of Criminal Records Are Now Even Easier to Obtain In New Jersey

August 20, 2020 |

August 19, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of June 15, 2020, New Jersey has updated its expungement law, under the “Clean Slate” provisions.  The Clean Slate law provides: Drug-related offenses resulting in a conviction are considered Disorderly Persons offenses for purposes of expungements. Having more than one drug offense is…

Can a Juvenile Be Tried as an Adult for Various Sex Crimes Against a Minor?

August 19, 2020 |

State of New Jersey in the Interest of Z.S. Appellate Docket No.: A-3516-19T1 Decided August 18, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a waiver of a juvenile to be tried as an adult for various sex crimes against a minor. In Z.S.,…

Is It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?

August 18, 2020 |

State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…

Can Insufficient Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively?

August 17, 2020 |

State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was…

Can a Complaint Be Filed for Personal Injury if the Plaintiff Dies Prior to Filing the Lawsuit?

August 14, 2020 |

Repko v. Our Lady of Lourdes Docket No.: A-2181-19T1 Decided August 13, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a complaint filed for personal injury could be amended by the estate although the plaintiff originally bringing the complaint had died prior the…

YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINIATION

August 13, 2020 |

State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State v.…

Defendants can be forced to turn over phone passcodes, N.J.’s highest court rules

August 12, 2020 |

State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…

Can Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively

August 7, 2020 |

State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was…

Motion to End College Contribution Requirement for Failure to Supply Financial Documentation

August 6, 2020 |

Coney v. Banks Docket No. A-1561-18T3 Decided August 4, 2020 Submitted by New Jersey Family 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…

Kidnapping While a Sex Assault Occurred and a “Substantial Period”

August 5, 2020 |

State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a multi-count indictment…