Brooklyn Judge’s Ruling Raises Bar for Covert Cellphone Tracking

May 11, 2018 |

The StingRay, which is the size of a suitcase, essentially tricks nearby cellphones by acting like a cellphone tower and intercepting a phone’s signal. The devices can capture texts, calls, emails and other data.CreditU.S. Patent and Trademark Office, via Associated Press By Benjamin Mueller and Al Baker Nov. 15, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.…

Service Meant to Monitor Inmates’ Calls Could Track You, Too

May 11, 2018 |

Cory Hutcheson, a former Missouri sheriff, was charged with using a private service to track people’s cellphones without court orders.CreditMississippi County Sheriff Office By Jennifer Valentino-DeVries May 10, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Thousands of jails and prisons across the United States use a company called Securus Technologies to provide and monitor calls to…

Appellate Division’s Standard of review of the Administrative Law Judge’s ruling.

May 7, 2018 |

Submitted by professional license defense lawyer, Jeffrey Hark. We recognize our “‘limited role’ in the review of [Commission] decisions.” In re Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579 (1980)). “An appellate court affords a ‘strong presumption of reasonableness’ to an administrativeagency’s exercise of its statutorily delegated responsibilities.”…

How do I appeal any disciplinary or state employer action filed against me as a state employee?

May 7, 2018 |

What do I have to prove for any administrative appeal? Submitted by professional license defense lawyer, Jeffrey Hark. I have written numerous blogs on the subject in the past and outlined this very important issue. First of all, you have to understand any appeal of any action taken by any department of the state government proceeds…

Can the prosecutors use a phone conversation recorded from the jail against me?

May 2, 2018 |

If I ask my mom to get somebody to accept responsibility for a criminal charge and this was recorded on a jail find a used against me? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark I have written prior blogs on this issue. Every phone conversation from the jail is recorded for administrative, safety and…

I Slipped and Fell at Work, Can I Sue the Landlord?

May 1, 2018 |

I slipped and fell at work and want to sue the landlord where I show up every day for work, am I able to do this? I fell on ice in the parking lot at my employer’s work site. Am I also able to sue the snowplow company so I should landscapers who shoveled the…

Mandatory Drug Court and Significant Threat to The Community Ruling

May 1, 2018 |

I applied for mandatory drug court in New Jersey and the prosecutor objected to my participation ruling that I was a “significant threat to the community”. I do not want to go to jail, have a drug problem and want to participate in drug court. How can I get into the program? Submitted by New…

Can the police search my car based on the smell of marijuana

April 27, 2018 |

Should I sign the consent search form  and agree to let the police  search my car with my daughter there only because the police told me they were going to get a warrant anyway?  The cop said “it would be a lot easier if you just allowed me to search the car, We’re going to…

What is a “Graves act” offense”?

April 24, 2018 |

Is there a difference between the legal requirement for “a permit to carry a weapon” in New Jersey and the legal requirements needed for first obtaining ‘a firearms purchasing ID card’ before possessing a weapon under the criminal code for convection? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant was…

In the Matter of Oladipo, N.J. Super. App. Div. ALJ Decision reviewed by Appellate Division

April 24, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case we discuss the Appellate Division’s ability to review any Administrate Law Judge’s decision.  The case law on this issue is very clear, yet every once in a while, the court has to address this again.  The case is about discipline/firing a state employee who appealed a disciplinary…