The Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status

July 13, 2020 |

State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…

Constitutionality of the Seizure of Evidence by Law Enforcement

July 13, 2020 |

State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…

Remote Trial Without the Consent Of Either Party During the COVID-19 Pandemic

July 13, 2020 |

State v. D.E.: Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. The State appealed an order denying reconsideration of a verbal decision to schedule a trial date for defendant’s remotely conducted domestic violence contempt trial in the Family Part, and the defendant joined in the State’s application as well. Defendant was charged with two…

Slip and Fall Injury from Wet Steps at Harrah’s Casino

July 10, 2020 |

Crook v. Harrah’s Docket No.: A-2530-18T1 Decided July 9, 2020 Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division considered whether a landlord was required to perform criminal background checks on tenants to promote the safety of other tenants. In Crook, Plaintiff, an employee of a…

Drug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death

July 9, 2020 |

State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

Violating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses

July 8, 2020 |

State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

Motion To Terminate Or Modify Alimony and Child Support | Fiore v. Fiore

July 7, 2020 |

Fiore v. Fiore Docket No. A-4672-17T4 Decided July 6, 2020 Submitted by New Jersey Divorce Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay…

Defendant’s Sixth Amendment Right to Confront A Witness | State v. Jackson

July 5, 2020 |

State v. Jackson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In November 2014, a man witnessed an individual exiting his home carrying his TV. When he entered his own home, the victim found his TV, computer, and video game console missing. The victim described the man carrying his TV to police and alleged his…

Canine or Pet Inflicted Injuries To Third Parties: Freed v. Bastry

July 1, 2020 |

Freed v. Bastry: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Plaintiff’s and defendant’s dogs were playing with one another one day at a park, when suddenly, defendant’s dog ran into plaintiff while chasing plaintiff’s dog at an off-leash dog area. Defendants’ seven and one-half month-old puppy had not been spayed or neutered as…

Pre-Trial Detention Appeals for Drug Related Offenses: State v. P.J.C.

July 1, 2020 |

State v. P.J.C.: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. After conducting a motor vehicle stop, a police officer smelled marijuana, and pursuant to the motor vehicle exception to the fourth amendment of the U.S. Constitution’s prohibition against illegal searches and seizures, searched the occupants. The passenger and driver said they had purchased…