NJ Expungement’s New exception for “Crime Spree” charges for multiple convictions from one ‘event’. The sole issue presented on appeal is whether the 2018 crime spree amendment to N.J.S.A. 2C:52-2(a) permits the expungement of C.P.M.’s 2005 convictions.

December 8, 2019 |

IN THE MATTER OF THE EXPUNGEMENT OF C.P.M.  December 6, 2019 APPROVED FOR PUBLICATION December 6, 2019 APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s expungement new procedure under the “crime spree” doctrine set forth in the 2018 amendment to N.J.S.A. 2C:52-2(a). Because we conclude that C.P.M.’s convictions were not “closely related in…

How to get out from under the Workers Compensation Bar from suing your employer…. The intentional Tort exception

December 4, 2019 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Issue: The “intentional wrong” exception to the Act’s exclusivity bar of civil claims is a purposefully narrow exception that imposes a heavy burden of proof. Millison, 101 N.J. at 177. Nothing in the record suggests the motion court erred in finding plaintiffs failed to sustain that…

Goodson, Part 2 — From the street to the house…..Can the police get into the house and search?

December 4, 2019 |

STATE OF NEW JERSEY v. ROBERT O. GOODSON,  Decided December 3, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with those in State v. Rosario, 229 N.J. 263 (2017), we reverse,…

Field Inquiry by police or investigative detention?

December 4, 2019 |

Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON,  Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with…

Net Opinion — Summary Judgement and questions of fact

November 23, 2019 |

Issues:   Net Opinion      —  Summary Judgement and questions of fact Estate of Manotoa v. Ruggerio, N.J. Super. App. Div. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: On the evening of December 11, 2015, William Manotoa (decedent) sustained fatal injuries when he was struck by a vehicle driven by defendant Robert Ruggiero,…

She Texted About Dinner While Driving. Then a Pedestrian Was Dead.

November 23, 2019 |

A New Jersey woman was found guilty of vehicular homicide by a jury that weighed whether her actions were on par with drunken driving. Submitted by Motor Vehicle Accident Lawyer, Jeffrey Hark. FREEHOLD, N.J. — One woman was out for a walk and a taste of fresh air during a break from her job as…

State v. Phillips

November 22, 2019 |

State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…

State v. Graham

November 22, 2019 |

State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…

CAN THE POLICE COME INTO MY HOTEL ROOM??

November 19, 2019 |

State v. Phillips New Jersey Appellate Division   November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue:   When and how can the police come into my hotel room??    It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…

Increase in defendant’s benefits in NJ workers comp cases for public employees

November 16, 2019 |

New Supplemental Benefits Law For Dependents of Public Safety Workers killed in the lie of their public employment effective January 1, 2020. Submitted by New  Jersey Workers Compensation Lawyer, Jeffrey Hark. The purpose of this law is to increase dependency benefits for those who received awards after December 31, 1979.  The statute calls these benefits…