Obtaining a Restraining Order sting intimate Photos—— No predicate acts of Domestic Violence, Cyber Harassment and Sexually exploit photos

August 19, 2019 |

A.S.Y ., v. J.L., Defendant-Respondent. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION August 14, 2019 Submitted by Cyber Sex Crime Lawyer, Jeffrey Hark. Procedural History:  Plaintiff A.S.Y. (Ann)1 appeals from the denial of her application for a final restraining order (FRO) against her former boyfriend, defendant J.L. (Joe), under the Prevention of Domestic Violence Act (PDVA), N.J.S.A.…

Appealing a DWI conviction, Be careful what you wish for!

August 18, 2019 |

Law division Convictions of higher DWI on appeal and overturns municipal court judge dismissal oxblood evidence “What is a knowing and Voluntary waiver?” STATE OF NEW JERSEY v. KEITH R. GREENWOOD Decided August 12, 2019 Defendant Keith Greenwood appeals from his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a). We affirm. Submitted by New Jersey DWI Lawyer, Jeffrey…

Suppression of Evidence required when police enter a home without a warrant – State v. ADL August 7, 2019

August 12, 2019 |

STATE OF NEW JERSEY,  v. MIKIEL A. ADL,  SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  Decided August 7, 2019  (NOT APPROVED FOR PUBLICATION) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police came to a home in search of a shooter. One officer knocked on the door in plain cloths, however there were…

State v. Johnson — Appeal New Jersey Appellate Division August 9, 2019

August 10, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. State v. Johnson Facts: As of that time, he had been on the police force for over five years, initially as a patrolman and thereafter as a detective in the Narcotics/Gang Unit. Officer Stinsman had been specifically trained at the police academy to recognize hand-to-hand narcotics…

State v. Patel NJ Supreme Court Post Judgement Laurick Motion to Vacate Guilty Plea

August 8, 2019 |

State v. Patel: New Jersey Supreme Court Rules: To secure Post Judgement relief from a possible 3rd offense DWI 6 month jail term and 10 year loss of license. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a) a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding,…

2019 Proposed DWI legislation sitting on Governor Murphy’s desk

August 6, 2019 |

Bill Text: NJ A2089 | 2018-2019 |  Regular Session | Introduced |  LegiScan  Revises penalties for drunk driving and ignition interlock device  violations. An Act concerning drunk driving and ignition interlock devices and  amending R.S.3994-50, P.L.1981, c.512, and P.L.1999, c.417. Be It Enacted by the Senate and General Assembly of the State of New  Jersey: …

Cerrigone v. Ewing – Personal Injury from Poorly Maintained Window

August 3, 2019 |

Cerrigone v. Ewing Superior Court Of New Jersey Appellate Division   August 2, 2019 (Not For Publication) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff leased an apartment from defendant when this event occurred. Plaintiff tried to open her window in her apartment when it fell onto her finger. In plaintiff’s complaint, she alleged…

Trump Administration Poised To Relax Trucking Safety Rules Despite Warnings

August 2, 2019 |

Submitted by Truck Crash Lawyer, Jeffrey Hark. Sleepy truck drivers cause hundreds of fatal crashes each year. Drivers work in an industry that rewards miles driven, not time on the clock, so many truckers push the envelope just to make a living. The Federal Motor Carrier Safety Administration keeps drivers in check with so-called Hours…

Domestic violence – cyber harassment. Risk of future conduct

August 1, 2019 |

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. C.B. v. R.A.-X.     Superior Court Of New Jersey Appellate Division July 30, 2019 (Not For Publication) The Family Part judge denied plaintiffs application for a final restraining order against his ex-wife.  The judge determined the defendant had committed several acts of harassment but did not…

State v. Hemenway Guns Drugs, Domestic Violence search for weapons and criminal charges…. New Standard Announced

July 28, 2019 |

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this opinion the New Jersey Supreme Court has ordered Family Court judges issuing domestic violence restraining orders and domestic violence search warrants for weapons prohibited under New Jersey’s Prevention from Domestic Violence Act, establish on the court record probable cause based “upon a well grounded…