DWI —Drug Recognition Expert and Convictions How I can Help You

November 14, 2019 |

STATE OF NEW JERSEY,   v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This decision is from November of 2018 and has been appealed to the N.J. Supreme Court.  The reason I am writing about this case again today, November 14, 2019,  is because a Supreme Court decision…

Driving Under the Influence of Marijuana Once it is Legal in New Jersey

November 14, 2019 |

This decision is pending before the N.J. Supreme Court — The following is the standard of review of the Appellate Court STATE OF NEW JERSEY,   v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I am sure I have written about this case previously, however I…

Domestic Violence…. What can I do for you to appeal your Final Restraining Order? This is the standard of review used on appeal.

November 11, 2019 |

J.R.B. v. K.M.B., November 7, 2019 Unpublished opinion Trial Court Appeal Camden County Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. There are several take aways from this decision. 1) when the trial judge makes finding of fact and credibility, those determinations are based upon the trial judge observing the witness testify and hearing the…

Judge’s Power at a Sentencing Hearing

November 11, 2019 |

Judge’s Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge’s power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions  consist with the criminal code,…

State v. Walton decided November 1, 2019 New Jersey Appellate Division (approved for publication)

November 3, 2019 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the sole question is whether the recent New Jersey appellate division and Supreme Court decision of state the Patel decided in August 2019 shall apply to all post conviction relief cases pending before or Municipal Court and trial court tribunals. The New Jersey Supreme…

Summary judgment granted dismissed death case affirmed on appeal

November 3, 2019 |

Deravil on behalf of Amilia Cius v. Hamilton Township, Mercer County, State of New Jersey and Pantaleone Submitted by New Jersey Civil Lawyer, Jeffrey Hark. November 1, 2019 New Jersey Appellate Division (Not for publication without approval by the appellate division) The sole question in this case was whether a specific road was a dangerous…

PTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL

November 3, 2019 |

State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division  (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…

Alcotests, New Jersey, and why you should fight your DWI charges.

November 3, 2019 |

Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable, a Times investigation found. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A million Americans a year are arrested for drunken driving, and most stops begin the same way: flashing blue lights in the rearview mirror, then a battery of tests that…

Workers Compensation Motion for Medical and Temporary Disability Benefits

November 1, 2019 |

Capel v. Township of Randolph Decided October 10, 2019   New Jersey Appellate Division (Not Approved for Publication) October 10, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation.  Because injured workers are not receiving benefits,…

Dismissal of Stale Complaints – New Court Rule 7:8-5(c)

October 30, 2019 |

Rule 7:8-5(c) – Dismissal of minor matters more than 10 years old – effective January 1, 2020 7:8-5(c) – Periodic Dismissal of Certain Municipal Court Complaints.  At least annually, after notice to the prosecutor and pursuant to procedures promulgated by the Administrative Director of the Courts, the court shall dismiss all eligible complaints that are…