New jersey legislature introduces changes to the official misconduct statue

November 6, 2018 |

Official misconduct. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey legislature has introduced a change to its official misconduct statute in the spring of 2018. New Jersey Assembly is attempting to update the official misconduct statute requiring public officials who have been convicted of harassment, sexual contact, goodness, or sexual assault, when the…

As a landlord can you evict someone for destruction to your property?

November 5, 2018 |

Submitted by New Jersey Civil Lawyer, Jeffrey Hark And this November 1, 2018 approval for publication decision the landlord moved to evict a person who was allowed to live and a home by the tenant but who was not on the lease. NJSA 2A:18 –61.1 (C) enables a landlord to regain possession of a lease…

Can a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony?

November 5, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Can a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony?  The answer is yes however it has to be performed by a judge conducting a separate hearing out the ears of the jury prior to same being…

Can I get Worker’s Compensation if my employer thinks i am independent contractor but really I am in employee?

October 30, 2018 |

Pandola v. Melenio Express Inc. (New Jersey Appellate Division Unreported Decision October 29, 2018) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. When is an employee an independent contractor? Can I get Worker’s Compensation if my employer thinks i am independent contractor but really I am in employee?  How do I determine if I…

October 24, 2018 NJ Appellate Division ruling on Fresh Complaint Evidence

October 27, 2018 |

State v. H.H.  New Jersey Appellate Division Decision October 24, 2018. A-4208-16T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In  this case the defendant was condition of endangering the Welfare of a Minor.  The factual evidence in this case came from the victim’s testimony at the time of trial.  The defendant objected to the information being introduced a ‘fresh complaint’…

I have an out-of-state DWI conviction, will it affect an in-state charge for DWI and possible conviction and extended license suspension?

October 27, 2018 |

Held  v.  New Jersey motor vehicle commission. New Jersey Superior Court appellate division decided October 24, 2018. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I have a out-of-state DWI conviction and received a letter from the New Jersey MVC suspending my license as if I have a second or third prior conviction in state.…

The use of photographs of the time of trial. What about the lack of photographs at the time of the trial?

October 26, 2018 |

Abdurraheem v. Koch. Atlantic County Law Division  L-2160-16. Approved for publication October 23, 2018 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the court created a modified jury charge outlining the contradictory testimony regarding damage to a vehicle. The interesting part of this case is the fact that there are no…

Rule 4:11 and Personal Injury

October 26, 2018 |

Liberty mutual insurance company v.   Borgata Hotel Casino and spa. New Jersey law division docket L – 1461- 16 approve for publication October 23, 2018. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Rule 4:11 Limits Its Use to Circumstances Where There’s A Genuine Risk the Testimony or Evidence In this case a person…

If I am driving a car with airbags and they do not go off as a result of a crash can the insurance company use that fact against me if I sue for my injuries?

October 26, 2018 |

If I am driving a car with airbags and they do not go off as a result of a crash can the insurance company use that fact against me if I sue for my injuries?  If the airbags did not go off does that mean there was not “serious impact “? Submitted by New Jersey…

News Release — Do you have an old New Jersey municipal court charge that is outstanding? What can you do about that?

October 24, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Subject: News Release — Do you have an old New Jersey Municipal Court charge that is outstanding? What can you do about that? Do you have an outstanding municipal court traffic offense, minor infraction, or municipal ordinance charge more than 10 or 15 years old in New…