Why can’t I sue my employer if I am injured at work by a co-employee?

April 2, 2019 |

Johns v. Wengerter. New Jersey Appellate Division decided April 1, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In this unreported decision as a volunteer fireman was injured during a prank on duty when I co-employee placed a small firecracker in the firehouse toilet. He thereafter sued his employer  in Superior Court and…

Pretrial release, violating the terms, and being charged with new criminal contempt under NJSA 2C: 29–9 A

March 30, 2019 |

State v. RH  New Jersey appellate division decided March 29 State v. McCray New Jersey Appellate Division approved for publication March 29, 2019 State v.  Norman New Jersey Appellate Division decided March 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Are you on pretrial release? Have you been charged with a crime, had…

The interplay between NJ Workers Compensation Statute and NJ Law Against Discrimination: If a plaintiff who pursues a workers’ compensation claim under the Act but fails to utilize its enforcement mechanisms can s/he make a claim for failure to accommodate

March 26, 2019 |

Frank Caraballo, Plaintiff-Respondent, v. City of Jersey City Police ——— SUPREME COURT OF NEW JERSEY  Decided March 25, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark This case represents an excellent example of the unintended consequences at the intersections of two of New Jersey’s most important employee rights laws.  Initially you have the workers compensation statute,…

Use of the internet and social media apps for internet dating, Cyber Harassment, stalking and anti-stalking – What you need to know!

March 24, 2019 |

STATE OF NEW JERSEY, v. B.A., Defendant-Appellant.  SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION – Decided March 22, 2019 Submitted by Internet Crime Lawyer, Jeffrey Hark. This is a very important case for several reasons which deals with Internet dating, social media apps, cyber harassment stalking and New Jersey’s anti-stalking statute. As a result I am including an…

Drug Recognition experts and NJ’s legal weed law DWI

March 22, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. At the Senate hearing Monday night, Sen. Bob Smith (D-Middlesex) expressed concern that the cost for such training and employment of extra officers would fall on municipalities. The bill would reimburse local costs to train Drug Recognition Experts (DREs) to work in communities and would also…

Expungement process for Marijuana Convictions and pending charges under the proposed new law

March 22, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The new legislation along with an accompanying bill seeks to remedy that by: Dismissing all pending marijuana charges and convictions for amounts up to five pounds; Returning the right to vote to those who are on parole or probation as the result of a conviction for…

Jury hearing “Out of Court consistent Statements” of a police officer used bolster his credibility ruled reversible error warranting a new trial!

March 22, 2019 |

State of New Jersey vs RICHARD D. GRAY, JR. appellate division decided March 20, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant.…

Can the police give a defendant his Miranda warnings in the car on the way to the police department captured on a mobile video recorder?

March 22, 2019 |

State of New Jersey v.  Richard Gray Jr. Appellate Division decided March 20, 2019 Facts: At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant. Hemple knew there was an outstanding warrant for defendant.…

STREET-LEVEL SURVEILLANCE

March 21, 2019 |

Automated License Plate Readers (ALPRs) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Automated license plate readers (ALPRs) are high-speed, computer-controlled camera systems that are typically mounted on street poles, streetlights, highway overpasses, mobile trailers, or attached to police squad cars. ALPRs automatically capture all license plate numbers that come into view, along with the…

Commercialized (In)Justice: Consumer Abuses in the Bail and Corrections Industry

March 21, 2019 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This National Consumer Law Center report examines the growing problem of consumer abuses by private companies profiting from the U.S. criminal legal system and mass incarceration, disproportionately affecting people of color and low-income people, and makes recommendations for reform. Related Resources NCLC lawsuit challenging an illegal kickback…