TRO Leading to Search Warrant And Weapons Charges Vacated For Destruction Of Evidence.

June 10, 2020 |

State v. J.L. Appellate Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search warrant for firearms under the Prevention…

Final Restraining Order (FRO) Against A Defendant Who Lived Out of The State of New Jersey

June 9, 2020 |

D.C. v. E.C. Docket No. A-3462-18T4 Decided June 3, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision, the Appellate Division reviewed a decision to grant a final restraining order (FRO) against a defendant who lived out of the State of New Jersey, and who did not have…

Samol v. Vanlaningham and Respondeat Superior Liability

June 8, 2020 |

Samol v. Vanlaningham: Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark.             The facts of this case are as follows: One morning in March 2016, defendant Ryan P. Vanlaningham left for work at his part-time job at Party City in Bridgewater. A high school student, Vanlaningham, was operating his mother’s vehicle. The store…

CRIMINAL – AMENDMENTS TO COURT RULE 3:4-2

June 6, 2020 |

(“FIRST APPEARANCE AFTER FILING COMPLAINT; PREHEARING RIGHTS ADVISEMENT”)

Notice to Bar – Workers’ Comp. Courts Closed to Public until June 29, 2020 (COVID-19)

June 6, 2020 |

All N.J. Workers’ Compensation Courts shall continue to be closed to the public and to non-essential court personnel until Monday, June 29, 2020.  Judges of Compensation shall continue to hear as many workers’ compensation matters as possible by telephonic and video conferencing, including emergent and non-emergent matters, such as, trials, pre-trial conferences, motions for medical…

Second or Subsequent DUI Violation and Precisely Defining Any Probationary Terms

June 5, 2020 |

State v. Chavarria: Submitted by New Jersey DUI Lawyer, Jeffrey Hark. Defendant, Chavarria, originally entered negotiated guilty pleas to two counts of driving with a license suspended for a second or subsequent DUI violation, DUI, and refusing to provide a breath sample. In accordance with the plea agreement, the trial court sentenced him to an…

What Constitutes Reasonable Suspicion for A Motor Vehicle Stop

June 5, 2020 |

State v. Vargas Appellate Docket No.: A-1998-18T4 Decided June 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Vargas, the Defendant Ramon L. Vargas was indicted for second-degree unlawful possession of…

Final Restraining Orders Even Easier to Obtain In Modern New Jersey

June 3, 2020 |

June 2, 2020 C.C. v. J.A.H. Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020   N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020   S.C. v. J.D. Docket No. FV-13-1110-19 Decided March 21, 2019 Approved for publication May 7, 2020 Submitted by New Jersey…

Slip and Fall Injury: Landlord and Non-Delegable Duty to Remove Snow and Ice

May 29, 2020 |

Shields v. Ramslee Motors Docket No.: A-53 Decided January 23 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable duty to remove the snow…

Landlord / Tenant Slip and Fall On Ice, Who is Responsible for Removal?

May 29, 2020 |

Underhill v. Borough of Caldwell Docket No.: A-1800-18T4 Decided and Approved for Publication May 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable…