Sending Lewd Nudes to Strangers Could Mean a Year in Jail

December 4, 2018 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Rebecca Odorisio was traveling home on a crowded A train on Tuesday when a photo suddenly appeared on her phone from someone identifying himself as “The Enterprise.” It was a picture of an erect penis, sent to her over AirDrop, an iPhone feature that allows users…

Argument analysis: Court appears ready to rule that Constitution’s bar on excessive fines applies to the states

November 30, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Today the Supreme Court heard oral argument in the case of Tyson Timbs, an Indiana man who lost his 2012 Land Rover after he pleaded guilty to drug charges. The state argued that it could seize the car because it had been used to transport drugs, but…

Can prior DWI convictions be introduced at trial to prove ‘reckless conduct”?

November 30, 2018 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue:  What evidence is too prejudicial to introduce to a jury?  Remember all evidence is prejudicial to a defendant!  The state will attempt to introduce all of it because that evidence will aid the jury to convict a defendant.  The ultimate question will be whether the trial…

Can the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest?

November 30, 2018 |

Can the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest? Is there a difference if the person has been charged with a crime? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue:  In this case the state filed an action in the Superior Court seeking a…

Joint Committees hear testimony on bills to legalize recreational marijuana

November 29, 2018 |

All NJ DWI Cases Found Guilty Using the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown out

November 14, 2018 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. NEW JERSEY SUPREME COURT DECISION The New Jersey Supreme Court has ordered all NJ DWI cases in which a defendant was found guilty or plead guilty as a result of the introduction of the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown…

Cyber harassment and the use of Facebook, Snapchat, Instagram, and email

November 13, 2018 |

State v. Carroll, New Jersey Appellate Division decision approved for publication November 8, 2018 Can I be charged with harassment or cyber harassment for posting a comment on Facebook with no specific target as a possible victim.  Also this is an appeal from a initial determination of detention of the defendant entered by the Superior…

What is a Speedy Trial right? When are my “Speedy Trial Rights” violated?

November 8, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. What is a Speedy Trial right? When are my “Speedy Trial Rights” violated? I already rote a blog addressing the Suppression in this case.  The facts are in the other blog.  However, this court also analyzed the defendant’s claims that his speed trial rights were violated and…

Suppression of Evidence from a police “Terry Stop” due to a violation of a municipal ordinance (Curfew Violation)

November 8, 2018 |

State v. Welch New Jersey Appellate Division (Unreported Decision November 7, 2018) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police approach a defendant who is alleged to have violated a curfew issued from Hurricane Sandy.  The facts are as follows: 1) Officer Calleja testified that in the bright moonlight, aided by the patrol vehicle’s…

Is an accident in a parking lot on the way into work treated different for an accidental disability claim different than for a workers compensation claim?

November 8, 2018 |

Submitted by New Jersey Disability Lawyer, Jeffrey Hark In this case the question boils down to When does work start?  At what point in time are you at your employer’s location for his benefit as well as yours and at what point and time is your behavior considered ‘part and parcel to the employment’.  Is…