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# New Jersey Criminal Civil Lawyer

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## Posts

- [Defendant’s Financial Obligations that were Past Due, the Court Forced Him to Sell His Home and Provide the Proceeds to the Plaintiff](https://www.criminalcivillawyer.com/defendants-financial-obligations-that-were-past-due-the-court-forced-him-to-sell-his-home-and-provide-the-proceeds-to-the-plaintiff/) - Gromek v. Gromek Docket No. A-0261-20 Decided June 15, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation but there was no proof
- [Motion To Suppress Evidence Seized as the Result of an Unlawful Search](https://www.criminalcivillawyer.com/motion-to-suppress-evidence-seized-as-the-result-of-an-unlawful-search/) - State of New Jersey v. Damon Gary Docket No. A-0590-22 Decided June 9, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendant's motion to suppress a handgun recovered during a stop and frisk. On February 16,
- [Appeal Of the Denial of Motion to Suppress Mirandized Statement to Police](https://www.criminalcivillawyer.com/appeal-of-the-denial-of-motion-to-suppress-mirandized-statement-to-police/) - State of New Jersey v. Nicholas Gomez-Zuniga Docket No. A-0601-21 Decided May 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress his Mirandized statement to police. In July 2017, the State moved for
- [Motion To Dismiss Indictment Based on Stated Completion of Pre-Trial Intervention (PTI) Program: Denied](https://www.criminalcivillawyer.com/motion-to-dismiss-indictment-based-on-stated-completion-of-pre-trial-intervention-pti-program-denied/) - State of New Jersey v. Devon Grant Docket No. A-3147-19 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to dismiss his indictment based on his stated completion of the pre-trial intervention (PTI)
- [New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims](https://www.criminalcivillawyer.com/new-jersey-survivors-justice-act-sentencing-reform-for-abuse-victims/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state's criminal code to allow courts
- [Appellate Division Confirms Law When Divorce Is Filed In Another Country](https://www.criminalcivillawyer.com/appellate-division-confirms-law-when-divorce-is-filed-in-another-country/) - GENE VAN DEN ENDE v. CROFTON PHILIP REYNOLDS Docket No. A-1565-24 Decided November 3, 2025 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark In a recent published decision the Appellate Division of New Jersey reviewed the law surrounding a situation in which a divorce, or at least a request made typically in a divorce such
- [NJ Appellate Court Vacates PTI Order in High-Speed Eluding Case](https://www.criminalcivillawyer.com/nj-appellate-court-vacates-pti-order-in-high-speed-eluding-case/) - State of New Jersey v. N.C. Docket No. A-1790-24 Decided October 3, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order enrolling defendant, N.C., into the Pretrial Intervention program (PTI) over its objection. On June 26, 2024, at
- [NJ Courts' Authority to Override Prosecutor Recovery Court Objections](https://www.criminalcivillawyer.com/nj-courts-authority-to-override-prosecutor-recovery-court-objections/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Question Presented Identify the New Jersey court rule and case law in support of a motion to order a defendant into recovery court over the objection of a County Prosecutor’s Office. Response: The New Jersey court rule and case law support a motion to order a defendant into
- [NJ Court Upholds Vehicle Search After Traffic Stop - Evidence Stands](https://www.criminalcivillawyer.com/nj-court-upholds-vehicle-search-after-traffic-stop-evidence-stands/) - State of New Jersey v. John Kerkula Docket No. A-1403-23 Decided August 19, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress physical evidence recovered as the result of a traffic stop and subsequent
- [NJ Professional License Denials for Application Non-Disclosure](https://www.criminalcivillawyer.com/nj-professional-license-denials-for-application-non-disclosure/) - Submitted by Nursing License Defense Lawyer, Jeffrey Hark In re Y.L._437 N.J. Super. 409 New Jersey's Professional licensure boards are denying professional licensure for inadvertent, mistakes or omissions regarding any subject matter, prior criminal history, other state, licensure, or any other fact, not disclosed on a board application. The specific question being asked is: "have
- [Conviction Of Weapons Offense with Prior Nera Conviction Is Not Subject to Mandatory Parole Disqualified Under Graves Act](https://www.criminalcivillawyer.com/conviction-of-weapons-offense-with-prior-nera-conviction-is-not-subject-to-mandatory-parole-disqualified-under-graves-act/) - State v. Zaire J. Cromedy Appellate Docket No.: A-17-24 Decided August 5, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey ruled that a conviction under N.J.S.A. 2C:39-5(j), a subsection of the unlawful weapons possession statute, is not subject to a mandatory parole disqualifier pursuant to
- [New Jersey Juvenile Adjudication Can Be Expunged Even If It Is a Disqualifying Offense](https://www.criminalcivillawyer.com/new-jersey-juvenile-adjudication-can-be-expunged-even-if-it-is-a-disqualifying-offense/) - In the Matter of the Expungement Application of P.L. Appellate Docket No.: A-3387-23 Decided July 30, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey found that a juvenile adjudication can be expunged even if it is a disqualifying offense that would not be expungable as
- [Megan's Law Violation Summary](https://www.criminalcivillawyer.com/megans-law-violation-summary/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Megans-Law-VIolation-Summary.pdf" title="Megan’s Law VIolation Summary"]
- [New Jersey Appellate Court Upholds Denial of Motion to Suppress Evidence Following Traffic Stop and K-9 Search](https://www.criminalcivillawyer.com/new-jersey-appellate-court-upholds-denial-of-motion-to-suppress-evidence-following-traffic-stop-and-k-9-search/) - State of New Jersey v. Rashad Johnson Docket No. A-0878-23 Decided July 15, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress evidence recovered following a traffic stop. On March 3, 2020, using a
- [Appellate Division of New Jersey Reverses Decision Involving Psychological Parent and Substance Abuse](https://www.criminalcivillawyer.com/appellate-division-of-new-jersey-reverses-decision-involving-psychological-parent-and-substance-abuse/) - C.S. v. A.N.S. and C.H. Docket No. A-3655-23 Decided July 21, 2025 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed a Family Court Order granting expanded parenting time for a parent with substance abuse issues. In C.S. v. A.N.S. and C.H., A.N.S. has a
- [State v JD: Juvenile Tried as Adult for Serious Sexual Crimes](https://www.criminalcivillawyer.com/state-v-jd-juvenile-tried-as-adult-for-serious-sexual-crimes/) - Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark State of New Jersey vs JD [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/State-v-JD.-Blog-pdf.pdf" title="State v JD. Blog pdf"]
- [APPELLATE DIVISION OF NEW JERSEY AFFIRMS DIVORCE AGREEMENT](https://www.criminalcivillawyer.com/appellate-division-of-new-jersey-affirms-divorce-agreement/) - LINDA HIRST v. JONATHAN HIRST Docket No. A-2848-23 Decided July 1, 2025 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed an agreement reached by the parties to a divorce. In Hirst v. Hirst, the parties were married in 2013 and had no children together.
- [In the Matter of the Expungement of the Mental Health Record of T.B.](https://www.criminalcivillawyer.com/in-the-matter-of-the-expungement-of-the-mental-health-record-of-t-b/) - Docket No. A-1410-23 Decided June 25, 2025 In the Matter of the Expungement of the Mental Health Record of T.B. opinion Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant, T.B.’s, appeal from an order denying his motion to expunge mental health records prepared
- [Drug Search Consent Ruling Reversed on Appeal in New Jersey Case](https://www.criminalcivillawyer.com/drug-search-consent-ruling-reversed-on-appeal-in-new-jersey-case/) - State of New Jersey v. Odeanne Lawes Docket No. A-0478-24 Decided April 2, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s interlocutory appeal from an order suppressing evidence of a controlled dangerous substance (CDS) seized by law enforcement pursuant to defendant’s
- [Key elements of the New Jersey revenge porn statute (2C:14-9)](https://www.criminalcivillawyer.com/key-elements-of-the-new-jersey-revenge-porn-statute-2c14-9/) - Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In New Jersey, the law that criminalizes the non-consensual sharing of intimate images (often referred to as "revenge porn") is primarily found under N.J.S.A. 2C:14-9, which is part of the criminal invasion of privacy statute. Key elements of the New Jersey revenge porn statute (2C:14-9): Criminalization of
- [New Jersey Appellate Division Upholds Reimbursement of Educational and Medical Expenses for Parties’ Daughter](https://www.criminalcivillawyer.com/new-jersey-appellate-division-upholds-reimbursement-of-educational-and-medical-expenses-for-parties-daughter/) - T.S. v. D.K. Docket No. A-1362-23 Decided May 30, 2025 Submitted by New Jersey Family Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to reimburse mother for half of educational and medical expenses for the parties’ daughter. In T.S. v. D.K., In 2015, the parties
- [New Jersey Supreme Court Finds That Defendants in Restraining Order Court Do Not Have Blanket Immunity to Invoke The 5th Amendment Right to Remain Silent](https://www.criminalcivillawyer.com/new-jersey-supreme-court-finds-that-defendants-in-restraining-order-court-do-not-have-blanket-immunity-to-invoke-the-5th-amendment-right-to-remain-silent/) - M.A. v. J.H.M. Docket No. A-1-24 Decided May 27, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision the Supreme Court of New Jersey reversed a Final Restraining Order (FRO) decision, finding that the 5th amendment does not apply blanket immunity to a defendant in restraining order hearings. In M.A. v. J.H.M.,
- [NJ Court Upholds Tier Three Status for Megan’s Law Offender](https://www.criminalcivillawyer.com/nj-court-upholds-tier-three-status-for-megans-law-offender/) - In the Matter of Registrant J.W. Docket No. A-2938-23 Decided April 23, 2025 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided registrant, J.W.’s, appeal from a trial court order denying his motion for a downward departure from his Tier Three high risk offender
- [NJ Court Affirms Gun Seizure After Suspicious Traffic Stop](https://www.criminalcivillawyer.com/nj-court-affirms-gun-seizure-after-suspicious-traffic-stop/) - State v. Tarrance Sapp Docket No. A-0025-23 Decided April 15, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his judgment of conviction, specifically challenging the denial of his motion to suppress a gun that police seized from his waistband in
- [Appellate Division Of New Jersey Affirms Change of Marital Settlement Agreement and Suspension of Father’s Parenting Time](https://www.criminalcivillawyer.com/appellate-division-of-new-jersey-affirms-change-of-marital-settlement-agreement-and-suspension-of-fathers-parenting-time/) - N.T. v. C.T. Docket No. A-2940-21 Decided December 27, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the modification of the parties’ Marital Settlement Agreement (MSA) that the parties would attend mediation for any disputes and suspension of father’s parenting time. In N.T.
- [NJ Amendments to NJ DWI Statute](https://www.criminalcivillawyer.com/nj-amendments-to-nj-dwi-statute/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The text amends R.S.39:4-50, outlining penalties for driving under the influence (DUI) in New Jersey. Key points include: First Offense: Blood Alcohol Concentration (BAC) 0.08% to 0.10%: Fine of $250-$400, 12-48 hours detainment, possible 30-day imprisonment, and ignition interlock device installation. BAC 0.10% or higher: Fine of $300-$500,
- [NJ Court Rules Prior Gun Charges Don’t Bar Recovery Court Entry](https://www.criminalcivillawyer.com/nj-court-rules-prior-gun-charges-dont-bar-recovery-court-entry/) - State of New Jersey v. Ahjhir Jones Docket No. A-1648-23 Decided March 20, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey decided the State’s interlocutory appeal to resolve an issue of statutory interpretation involving a provision of N.J.S.A. 2C:35-14, which addresses the admission criteria
- [NJ Court Reverses Conviction Due to Improper Video Testimony](https://www.criminalcivillawyer.com/nj-court-reverses-conviction-due-to-improper-video-testimony/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark COCOUNSEL Identify and outline the video evidence issues and the prosecutor’s improper comment why video evidence is important in New Jersey courts today. Files: State v. Reciofigueroa Result: Video Evidence Issues Facts: On July 6, 2019, C.R. was shot and killed on a street in Elizabeth.1 A jury
- [NJ DWI Arrest Leads to Drug Discovery and Vehicle Search Review](https://www.criminalcivillawyer.com/nj-dwi-arrest-leads-to-drug-discovery-and-vehicle-search-review/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. COCOUNSEL Skill: Review Documents New Jersey Search and Seizure of drugs found in a vehicle after a MV stop for DWI traffic offense In New Jersey, probable cause issues and the scope of vehicle searches after a DWI stop are addressed as follows: Probable Cause for Arrest: Probable
- [NJ Court Rules Search Warrant Invalid Due to Jurisdiction Error](https://www.criminalcivillawyer.com/nj-court-rules-search-warrant-invalid-due-to-jurisdiction-error/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark COCOUNSEL Skill: Review Documents Result created: March 16, 2025 Prompt: Summarize the legal and factual issues related to the search warrant in the appellate division case. Files: state v. galloway 2-20-25.pdf Result: The appellate division case of “State v. Galloway” involves several legal and factual issues related to
- [NJ Court Reverses Evidence Suppression in Drug Case Appeal](https://www.criminalcivillawyer.com/nj-court-reverses-evidence-suppression-in-drug-case-appeal/) - State of New Jersey v. Troy Smith Docket No. A-3796-23 Decided January 27, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s back-to-back appeals from a June 26, 2024 Law Division order granting defendant’s motion to suppress certain evidence seized after the
- [NJ Court Denies PCR Appeal in State v. John Denofa, Upholds Ruling](https://www.criminalcivillawyer.com/nj-court-denies-pcr-appeal-in-state-v-john-denofa-upholds-ruling/) - State of New Jersey v. John Denofa Docket No. A-0281-22 Decided January 6, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a modified order entered on July 19, 2022, which denied his third petition for post-conviction relief (PCR) and a
- [New Jersey Final Restraining Order Affirmed Over Accidental Breaking of Window](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-affirmed-over-accidental-breaking-of-window/) - N.M.D.I. v. H.R.S. Docket No. A-0135-23 Decided January 14, 2025 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) despite a window being broken accidentally. In N.M.D.I. v. H.R.S., plaintiff began dating defendant in July 2020.
- [New Jersey Final Restraining Order Affirmed Despite One Act of Harassment](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-affirmed-despite-one-act-of-harassment/) - T.S. v. R.S. Docket No. A-2957-22 Decided January 7, 2025 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) despite finding only one act of harassment as opposed to a series of acts. In T.S. v.
- [Appellate Division Of New Jersey Affirms Oral Divorce Agreement in Settlement Conference](https://www.criminalcivillawyer.com/appellate-division-of-new-jersey-affirms-oral-divorce-agreement-in-settlement-conference/) - SUZANNE FEINBERG v. DAMON FEINBERG Docket No. A-2940-21 Decided December 27, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed an agreement reached by the parties to a divorce during a settlement conference with a Judge. In Feinberg v. Feinberg, approximately two weeks before
- [NJ Supreme Court Ruling: Jury Video Playback in Slow Motion Allowed](https://www.criminalcivillawyer.com/nj-supreme-court-ruling-jury-video-playback-in-slow-motion-allowed/) - State of New Jersey v. Fuquan K. Knight Docket No. A-37/38-23 Decided December 18, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recently published opinion, the Supreme Court of New Jersey decided defendants Fuquan K. Knight and Shaquan K. Knight’s challenges to the trial court’s determination to permit the jury to replay surveillance
- [NJ Court Reinstates Indictment for Disarming Officer, Rejects SOP Claim](https://www.criminalcivillawyer.com/nj-court-reinstates-indictment-for-disarming-officer-rejects-sop-claim/) - State of New Jersey v. Jorge Rojas Docket No. A-2629-23 Decided December 19, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order granting defendant's motion to dismiss his indictment for second-degree disarming a law enforcement officer,
- [Appellate Division of New Jersey Reverses Trial Court’s Granting Relocation of Children to Georgia](https://www.criminalcivillawyer.com/appellate-division-of-new-jersey-reverses-trial-courts-granting-relocation-of-children-to-georgia/) - O.M.R. v. T.D.P. Docket No. A-0415-23 Decided December 16, 2024 Submitted by New Jersey Child Custody Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s order allowing Defendant’s request to relocate to Georgia with the parties’ children. In O.M.R. v. T.D.P., the case involves a
- [NJ Court Reverses PTI Admission, Orders State to Justify Rejection](https://www.criminalcivillawyer.com/nj-court-reverses-pti-admission-orders-state-to-justify-rejection/) - State of New Jersey v. M.K.H. Docket No. A-3656-22 Decided December 12, 2024 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a trial court order reversing the Monmouth County Prosecutor's Office's (MCPO) rejection of defendant into the Pre-Trial Intervention
- [NJ Court Reverses Evidence Suppression Denial in Traffic Stop Weapon Case](https://www.criminalcivillawyer.com/nj-court-reverses-evidence-suppression-denial-in-traffic-stop-weapon-case/) - State of New Jersey v. Devontae Mills Docket No. A-2043-22 Decided December 5, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Law Division order denying his motion to suppress a handgun and large capacity magazine seized from his motor
- [New Jersey Final Restraining Order Reversed for Failing to Advise Right to Attorney](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-reversed-for-failing-to-advise-right-to-attorney-2/) - K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to
- [NEW JERSEY FINAL RESTRAINING ORDER REVERSED FOR FAILING TO ADVISE RIGHT TO ATTORNEY](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-reversed-for-failing-to-advise-right-to-attorney/) - K.C. v. J.C. Docket No. A-1358-23 Decided November 25, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent appeal filed by the attorneys at Hark & Hark, the Appellate Division of New Jersey in an unpublished opinion reversed the entry of a Final Restraining Order (FRO) after the trial court failed to
- [NJ Appellate Court Partially Suppresses Post-Admit Statements in Drug Case](https://www.criminalcivillawyer.com/nj-appellate-court-partially-suppresses-post-admit-statements-in-drug-case/) - State of New Jersey v. Dale Edwards Docket No. A-3184-22 Decided November 12, 2024 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order denying his motion to suppress his statements and derivative evidence obtained during a motor
- [NJ Appellate Court Upholds Plain View Doctrine in Firearm Suppression Case](https://www.criminalcivillawyer.com/nj-appellate-court-upholds-plain-view-doctrine-in-firearm-suppression-case/) - State of New Jersey v. Raheem Wilson Docket No. A-2472-22 Decided October 23, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Law Division order denying his motion to suppress the handgun recovered from his vehicle pursuant to the plain
- [NJ Court Reverses Dismissal of Unlawful Handgun Charge, Remands Case](https://www.criminalcivillawyer.com/nj-court-reverses-dismissal-of-unlawful-handgun-charge-remands-case/) - State of New Jersey v. Damian Emanuel Docket No. A-2274-23 Decided October 17, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order granting defendant’s motion to dismiss count two of a three-count Hudson County indictment, charging
- [Dissolving A Final Restraining Order In New Jersey Requires Defendant to Produce a Transcript Of The FRO Trial](https://www.criminalcivillawyer.com/dissolving-a-final-restraining-order-in-new-jersey-requires-defendant-to-produce-a-transcript-of-the-fro-trial/) - J.M.S-M. v. W.V.M. Docket No. A-1294-23 Decided October 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to produce a transcript of the FRO trial. In J.M.S-M.
- [NJ Court Upholds Denial to Vacate 2018 DWI Guilty Plea in Appeal](https://www.criminalcivillawyer.com/nj-court-upholds-denial-to-vacate-2018-dwi-guilty-plea-in-appeal/) - State of New Jersey v. Anthony Barbato Docket No. A-3654-22 Decided October 16, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to vacate his guilty plea to driving while intoxicated (“DWI”). On May 16, 2018,
- [New Jersey Appellate Division Upholds Sanctions for Failure to Pay College Expenses](https://www.criminalcivillawyer.com/new-jersey-appellate-division-upholds-sanctions-for-failure-to-pay-college-expenses/) - Dmitry Korsunsky v. Svetlana Kurinsky Docket No. A-2504-22 Decided October 16, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to sanction plaintiff for failing to pay certain college expenses contained in a prior order. In Korsunsky v. Kurinsky, married
- [Appellate Court Upholds Final Restraining Order Denial in Harassment Case](https://www.criminalcivillawyer.com/appellate-court-upholds-final-restraining-order-denial-in-harassment-case/) - N.M. v. D.F.P. Docket No. A-3757-22 Decided October 3, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published opinion, defendant appealed from an order denying his motion to dismiss a final restraining order (FRO) issued under the Protection of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In 2019, plaintiff was
- [Defense Expert Not Permitted to Appear Virtually, Resulting In The Loss Of Defendant’s Counter Expert To The State](https://www.criminalcivillawyer.com/defense-expert-not-permitted-to-appear-virtually-resulting-in-the-loss-of-defendants-counter-expert-to-the-state/) - State v. Tyrell S Lansing Appellate Docket No.: A-1592 Decided October 3, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey affirmed the denial of a request from Defendant’s expert to appear virtually for the trial, despite the expert being unable to appear due to
- [New Jersey Spouse Entitled to Sell Property Despite Agreement Allowing Use of Property to Other Party](https://www.criminalcivillawyer.com/new-jersey-spouse-entitled-to-sell-property-despite-agreement-allowing-use-of-property-to-other-party/) - Joseph Lancaster v. Jody Lancaster Docket No. A-2078-22 Decided September 13, 2024 Submitted by New Jersey Family Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision affirmed a trial court’s decision to allow Plaintiff to sell a horse trailer despite Defendant being given permission for use of the trailer under the
- [New Jersey Divorce Court Reversed After Appointing Its Own Expert Regarding Division Of Retirement Accounts](https://www.criminalcivillawyer.com/new-jersey-divorce-court-reversed-after-appointing-its-own-expert-regarding-division-of-retirement-accounts/) - Anestis Karasaridis v. Voula Constantarakos Docket No. A-1642-22 Decided August 29, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the entry of an order dividing retirement accounts due to its failure to allow the parties to retain their own expert and cross examine
- [NJ Court Reverses PTI Admission for Privacy Invasion Case](https://www.criminalcivillawyer.com/nj-court-reverses-pti-admission-for-privacy-invasion-case/) - State of New Jersey v. D.A.G. Docket No. A-1639-23 Decided August 27, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order admitting defendant D.A.G. into the Pretrial Intervention Program (PTI) over the prosecutor's objection. The facts derived from
- [NJ Court Reverses Ruling: Unlawful Terry Stop in Firearm Case](https://www.criminalcivillawyer.com/nj-court-reverses-ruling-unlawful-terry-stop-in-firearm-case/) - State of New Jersey v. Javarus Patterson Docket No. A-3325-22 Decided August 26, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized pursuant to a warrantless search following a Terry stop. In
- [NJ Court Suppresses Evidence from Warrantless Home Search](https://www.criminalcivillawyer.com/nj-court-suppresses-evidence-from-warrantless-home-search/) - State of New Jersey v. Curtis Strickland Indictment No. 22-12-786-I Decided August 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the trial court in Gloucester County, New Jersey decided defendant’s motion to suppress evidence seized pursuant to a warrantless search. The facts derived from the motion are as follows:
- [Acting Governor Signs Legislation Increasing Counsel Fees to 25% in Workers’ Compensation Cases](https://www.criminalcivillawyer.com/acting-governor-signs-legislation-increasing-counsel-fees-to-25-in-workers-compensation-cases/) - Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. On Thursday, August 22, 2024, Acting Governor Nicholas Scutari signed legislation increasing counsel fees for petitioners’ attorneys from 20% to 25%. This change in the law is codified in N.J.S.A. 34:15-64. The statute now reads as follows: “The official conducting any hearing under this chapter may allow to
- [New Jersey Final Restraining Order Affirmed Over Differing Testimony Regarding Assault](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-affirmed-over-differing-testimony-regarding-assault/) - D.E.H. v. B.W.M. Docket No. A-2056-22 Decided August 20, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a Final Restraining Order (FRO) after the parties had differing testimony over an alleged assault. In D.E.H. v. B.W.M., Plaintiff and defendant met online and
- [Appellate Court Affirms Juvenile's Adjudication in School Assault Case](https://www.criminalcivillawyer.com/appellate-court-affirms-juveniles-adjudication-in-school-assault-case/) - State in the Interest of M.G. Docket No. A-3394-22 Decided August 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided M.G.’s, a juvenile, appeal from her trial adjudication of delinquency for aggravated assault as an accomplice in an altercation at her high school.
- [New Jersey Final Restraining Order Defendants Can Invoke 5th Amendment Right Not to Testify Without Negative Inference Against Them](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-defendants-can-invoke-5th-amendment-right-not-to-testify-without-negative-inference-against-them/) - T.B. v. I.W. Docket No. A-3899-22 Decided August 5, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey overturned the entry of a Final Restraining Order (FRO) after defendant invoked his 5th amendment rights and the Trial Court drew a negative inference against defendant.
- [NJ Appellate Court Reverses Suppression Denial Based on Anonymous Tip](https://www.criminalcivillawyer.com/nj-appellate-court-reverses-suppression-denial-based-on-anonymous-tip/) - State of New Jersey v. Sincere Daniels Docket No. A-2388-22 Decided August 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized pursuant to a warrantless search. On March 15, 2022, at
- [NJ Appellate Court Ruling on K9 Field Reports in State v. Morgan](https://www.criminalcivillawyer.com/nj-appellate-court-ruling-on-k9-field-reports-in-state-v-morgan/) - State of New Jersey v. Justin Morgan Docket No. A-0499-23 Decided July 23, 2024 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Court of New Jersey decided defendant’s appeal from the trial court’s September 1, 2023, order denying his motion to compel discovery of records relating to narcotics
- [Judge Requires Court Approval of Payment of Party’s Own Attorney In New Jersey Divorce](https://www.criminalcivillawyer.com/judge-requires-court-approval-of-payment-of-partys-own-attorney-in-new-jersey-divorce/) - Larissa Kunin v. Sergey Kunin Docket No. A-1509-23 Decided July 18, 2024 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s order requiring Husband to request court approval before paying his attorney fees because he was behind in his child support and spousal support obligations. In Kunin v. Kunin,
- [NJ Appellate Court Denies PTI Admission in State v. Alkhabir Bass-Cochran](https://www.criminalcivillawyer.com/nj-appellate-court-denies-pti-admission-in-state-v-alkhabir-bass-cochran/) - State of New Jersey v. Alkhabir Bass-Cochran Docket No. A-1403-22 Decided June 24, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the Law Division's May 31, 2022 order denying his motion for admission into the pre-trial intervention (PTI) program following
- [New Jersey Final Restraining Order Affirmed Solely on the Basis of Harassment](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-affirmed-solely-on-the-basis-of-harassment/) - L.R.A.R. v. C.D. Docket No. A-0229-23 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after plaintiff demonstrated several acts of harassment perpetuated by the defendant. In L.R.A.R. v. C.D., the parties
- [NJ Appellate Court Reverses DWI Conviction in State v. Jonathan Carambot](https://www.criminalcivillawyer.com/nj-appellate-court-reverses-dwi-conviction-in-state-v-jonathan-carambot/) - State of New Jersey v. Jonathan Carambot Docket No. A-1228-22 Decided May 30, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial de novo in the Law Division. On
- [Dissolving A Final Restraining Order In New Jersey Requires A Trial If Genuine Issues of Material Fact Exist](https://www.criminalcivillawyer.com/dissolving-a-final-restraining-order-in-new-jersey-requires-a-trial-if-genuine-issues-of-material-fact-exist/) - T.S. v. G.K. Docket No. A-2095-22 Decided June 14, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant demonstrated a genuine issue of material fact requiring a plenary hearing
- [New Jersey Defendant’s Conviction Vacated After Appellate Court Finds Officers Lacked Reasonable Suspicion to Prolong Traffic Stop](https://www.criminalcivillawyer.com/new-jersey-defendants-conviction-vacated-after-appellate-court-finds-officers-lacked-reasonable-suspicion-to-prolong-traffic-stop/) - State v. Michael T. Conner-White Appellate Docket No.: A-3136-22 Decided June 19, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding officers lacked reasonable suspicion of criminal activity to prolong defendant’s traffic stop. In State
- [eCourts Appellate-Notification = A-003136-22 = STATE OF NEW JERSEY  V MICHAEL  T . CONNER-WHITE](https://www.criminalcivillawyer.com/ecourts-appellate-notification-a-003136-22-state-of-new-jersey-v-michael-t-conner-white/) - Hark attorneys get Appellate division to agree with them that trial court made errors of fact and law for a Camden County New Jersey motion to suppress. Police improperly extend motor vehicle stop to bring drug dog and improperly question defendant Driver for too long in order to search vehicle and find gun. a palace
- [New Jersey Appellate Division Reverses Denial of Final Restraining Order After Trial Court Disallows Business Records](https://www.criminalcivillawyer.com/new-jersey-appellate-division-reverses-denial-of-final-restraining-order-after-trial-court-disallows-business-records/) - S.G.G. v. J.D.M. Docket No. A-3273-22 Decided June 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the denial of a Final Restraining Order (FRO) after the Trial Court disallowed business records certified by affidavit, requiring the custodian of the records to
- [NJ Appellate Court Upholds DWI Evidence from Warrantless Vehicle Stop](https://www.criminalcivillawyer.com/nj-appellate-court-upholds-dwi-evidence-from-warrantless-vehicle-stop/) - State of New Jersey v. William Davenport Docket No. A-3606-22 Decided May 21, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Law Division order, which denied his motion to suppress evidence obtained after the warrantless stop of his motor
- [In the Matter of the Application of the State of New Jersey for the Forfeiture of Weapons](https://www.criminalcivillawyer.com/in-the-matter-of-the-application-of-the-state-of-new-jersey-for-the-forfeiture-of-weapons/) - Docket No. A-3418-21 & A-3419-21 Decided June 5, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided petitioners’ appeals from separate orders entered on June 2, 2022, granting the State's motions for the forfeiture of petitioner's firearms, firearms purchaser identification cards (FPICs) and
- [New Jersey Final Restraining Order Reversed on Appeal As Record Did Not Contain Adequate Facts For Assault](https://www.criminalcivillawyer.com/new-jersey-final-restraining-order-reversed-on-appeal-as-record-did-not-contain-adequate-facts-for-assault/) - F.K. v. C.B. Docket No. A-2337-22 Decided June 4, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed and vacated a final restraining order (FRO) against defendant after a review of the record failed to support a finding of assault or a need
- [Motion To Suppress Evidence Obtained Unlawfully Without a Warrant](https://www.criminalcivillawyer.com/motion-to-suppress-evidence-obtained-unlawfully-without-a-warrant/) - State of New Jersey v. Javon Cook Docket No. A-2461-22 Decided May 15, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence. On April 17, 2022, officers on patrol received a call from
- [ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW” (FERPO / TERPO)](https://www.criminalcivillawyer.com/another-review-of-new-jerseys-red-flag-law-ferpo-terpo/) - In the Matter of M.A.Z. Appellate Docket No.: A-0075-23 Decided June 3, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent requesting to the police to shoot him. In
- [New Jersey Cross Temporary Restraining Order Made Final with One Incident Of “Escalating” Harassment](https://www.criminalcivillawyer.com/new-jersey-cross-temporary-restraining-order-made-final-with-one-incident-of-escalating-harassment/) - S.G., II v. K.G. Docket No. A-3398-22 Decided May 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) after Defendant made disparaging comments towards Plaintiff, his girlfriend, and pushed his mother. In S.G., II
- [NJ Appellate Court Affirms Enforcement of Marital Settlement Agreement](https://www.criminalcivillawyer.com/nj-appellate-court-affirms-enforcement-of-marital-settlement-agreement/) - M.L. v. P.L. Docket No. A-2878-22 Decided May 22, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s order enforcing a the Marital Settlement Agreement (MSA) despite Defendant later claiming that her mental incapacity due to medical conditions preventing her from
- [NJ Appeals Court Reverses Convictions in State v. Coles Due to Invalid Jury Trial Waive](https://www.criminalcivillawyer.com/nj-appeals-court-reverses-convictions-in-state-v-coles-due-to-invalid-jury-trial-waive/) - State v. Coles Practice Area: CRIMINAL LAW Date Filed: 2024-05-06 Court: Appellate Division Judge(s): Per Curiam Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant appealed his convictions for first-degree murder and related weapons offenses after a bench trial. In August 2016, defendant killed his parents. He later admitted to the police that he had beaten them with his fists,
- [NJ Appellate Court Upholds Extreme Risk Protective Order in J.C.G. Case](https://www.criminalcivillawyer.com/nj-appellate-court-upholds-extreme-risk-protective-order-in-j-c-g-case/) - In the Matter of J.C.G. Docket No. A-2416-22 Decided May 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided J.C.G.’s (hereinafter “appellant”) appeal from an April 11, 2023 order entering a Final Extreme Risk Protective Order (“FERPO”) against him pursuant to the Extreme
- [NEW JERSEY’S SEXUAL ASSAULT SURVIVOR PROTECTION ACT PROVIDES PROTECTIVE ORDER FOR THOSE NOT ELIGIBLE FOR RESTRAINING ORDER UNDER PREVENTION OF DOMESTIC VIOLENCE ACT](https://www.criminalcivillawyer.com/new-jerseys-sexual-assault-survivor-protection-act-provides-protective-order-for-those-not-eligible-for-restraining-order-under-prevention-of-domestic-violence-act/) - C.R. v. M.T. Docket No. A-47-22 Decided April 22, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey affirmed the entry of a Final Protective Order (FPO) under the Sexual Assault Survivor Protection Act of 2015 (SASPA) and analyzed the appropriate legal standard. In C.R.
- [NJ MVC will require any offender who installs pre-court to return to Motor Vehicles a second time in order to start their sentence.](https://www.criminalcivillawyer.com/nj-mvc-will-require-any-offender-who-installs-pre-court-to-return-to-motor-vehicles-a-second-time-in-order-to-start-their-sentence/) - MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post conviction will remain the same. As a matter of process they will need a start time for the interlock requirement and will need the offender to return to MVC with
- [NJ v. Vega: Marijuana, Firearm Search Ruling](https://www.criminalcivillawyer.com/nj-v-vega-marijuana-firearm-search-ruling/) - State of New Jersey v. David Vega Docket No. A-3527-21 Decided March 25, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress marijuana located in the center console and a firearm in a backpack
- [DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY](https://www.criminalcivillawyer.com/dissolving-a-final-restraining-order-in-new-jersey-3/) - L.V. v. R.V. Docket No. A-3446-21 Decided April 11, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a substantial change in circumstances. In L.V. v.
- [NEW JERSEY CROSS TEMPORARY RESTRAINING ORDERS DISMISSED DESPITE COURT NOT ADDRESSING PRIOR HISTORIES OF DOMESTIC VIOLENCE](https://www.criminalcivillawyer.com/new-jersey-cross-temporary-restraining-orders-dismissed-despite-court-not-addressing-prior-histories-of-domestic-violence/) - J.T. v. A.S.A. Docket No. A-1860-22 A.S.A. v. J.T. Docket No. A-2152-22 Decided March 28, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed the dismissal of cross restraining orders without considering any evidence of a past history of domestic violence from either
- [NEW JERSEY ALIMONY AWARD OF FOUR YEARS REVERSED FOR THIRTY-THREE YEAR MARRIAGE](https://www.criminalcivillawyer.com/new-jersey-alimony-award-of-four-years-reversed-for-thirty-three-year-marriage/) - Margaret S. Frey v. Thomas G. Frey Docket No. A-2271-21 Decided March 28, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. The Appellate Division of New Jersey in a recent unpublished decision reversed a Dual Judgment of Divorce for alimony and equitable distribution for the Court’s failure to apply correct law to each category. In
- [NJ v. Christopher Diantonio - Appeal of Denial of Suppression](https://www.criminalcivillawyer.com/nj-v-christopher-diantonio-appeal-of-denial-of-suppression/) - State of New Jersey v. Christopher Diantonio Docket No. A-1083-22 Decided March 25, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress statements he had given to police. On August 12, 2020, defendant arrived
- [Appeal: Denial of Robert Goworek's FPIC Application](https://www.criminalcivillawyer.com/appeal-denial-of-robert-goworeks-fpic-application/) - Docket No. A-2399-21 Decided March 1, 2024 In the Matter of the Appeal of the Denial of Robert Goworek's Application for a FPIC Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided petitioner, Robert Goworek’s appeal from a January 2022 Law Division order denying his
- [C.P. vs J.S. - Hark & Hark Appellate Division Case](https://www.criminalcivillawyer.com/c-p-vs-j-s-hark-hark-appellate-division-case/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Smith-Jesica-Opinion.pdf" title="Smith, Jesica Opinion"]
- [NJ Court Upholds Motor Vehicle Stop](https://www.criminalcivillawyer.com/nj-court-upholds-motor-vehicle-stop/) - State of New Jersey v. Michael Figueroa Docket No. A-1649-22 Decided February 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized during a motor vehicle stop. On February 21, 2021, while
- [NJ Court Denies Child Relocation](https://www.criminalcivillawyer.com/nj-court-denies-child-relocation/) - C.D.V.D. v. B.K.T. Docket No. A-0310-22 Decided February 15, 2024 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s order denying Plaintiff’s request to relocate to Portugal with the parties’ child. In C.D.V.D., the parties married in 2015. Plaintiff was born in
- [Appealing Denial into PTI (Pretrial Intervention) - STATE OF NEW JERSEY v. U.S.G.](https://www.criminalcivillawyer.com/appealing-denial-pti-pretrial-intervention-state-nj-vs-u-s-g/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this PTI case the appellate panel ruled that the county prosecutor's office abused their discretion when it denied this defendant admission into their PTI program. PTI is Pretrial Intervention. Have you been denied PTI? Are you entitled to PTI? Will the criminal charge and possible criminal
- [NJ v. Kintaye Crawford: Upheld Denial of Motion to Suppress](https://www.criminalcivillawyer.com/nj-v-kintaye-crawford-upheld-denial-of-motion-to-suppress/) - State of New Jersey v. Kintaye Crawford Docket No. A-0480-22 Decided January 16, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress physical evidence police seized during a warrantless pat-down of his person following
- [PTI Program Admission Reversed: Appellate Court Decision](https://www.criminalcivillawyer.com/pti-program-admission-reversed-appellate-court-decision/) - State of New Jersey v. Gregory Phelps Docket No. A-0867-22 Decided January 2, 2024 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order directing defendant’s admission into the PTI program. In June 2021, defendant got into a drunken
- [Identification Of a Defendant by Photo Array Cannot Occur Before Trial Unless It Is Disclosed and a Hearing on The Issue Takes Place](https://www.criminalcivillawyer.com/identification-of-a-defendant-by-photo-array-cannot-occur-before-trial-unless-it-is-disclosed-and-a-hearing-on-the-issue-takes-place/) - State v. Brandon M. Washington Appellate Docket No.: A-29-22 Decided January 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a conviction of a defendant where witnesses were shown a photo array prior to trial to identify the defendant as a shooting suspect. In
- [DRAM SHOP CLAIM DISMISSED DUE TO PLAINTIFF’S FAILURE TO ESTABLISH FACTS THAT PLAINTIFF WAS VISIBLY INTOXICATED BEFORE LEAVING DEFENDANT’S PLACE OF BUSINESS](https://www.criminalcivillawyer.com/dram-shop-claim-dismissed-due-to-plaintiffs-failure-to-establish-facts-that-plaintiff-was-visibly-intoxicated-before-leaving-defendants-place-of-business/) - Jose Santiago v. Oscar Moran, et al. Docket No.: A-2010-21 Decided January 3, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division affirmed the granting of Defendant’s motion for summary judgment dismissing plaintiff’s dram shop claim because plaintiff’s failed to produce an expert report establishing Plaintiff’s level
- [APPELLATE DIVISION REVERSES CONVICTION OF VIOLATION OF RESTRAINING ORDER AFTER DEFENDANT THREATENS ORDER TO SHOW CAUSE OVER CO-PARENTING APPLICATION “OUR FAMILY WIZARD”](https://www.criminalcivillawyer.com/appellate-division-reverses-conviction-of-violation-of-restraining-order-after-defendant-threatens-order-to-show-cause-over-co-parenting-application-our-family-wizard/) - State v. R.L. DOCKET NO. A-0631-22 Decided December 29, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed a conviction for contempt of a restraining order after finding that defendant’s communications in the co-parenting application “Our Family Wizard” (OFW) were deemed to be not
- [Court Upholds Attorney's Fees in DV Case Appeal - NJ Appellate Decision](https://www.criminalcivillawyer.com/court-upholds-attorneys-fees-in-dv-case-appeal-nj-appellate-decision/) - U.G. v. T.S. Docket No. A-1803-21 Decided December 21, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Family Part order awarding plaintiff attorney's fees under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In 2010, the
- [State of NJ v. Billy Flagg: Upheld Denial of Motion to Suppress - Dec 20, 2023](https://www.criminalcivillawyer.com/state-of-nj-v-billy-flagg-upheld-denial-of-motion-to-suppress-dec-20-2023/) - State of New Jersey v. Billy Flagg Docket No. A-3682-21 Decided December 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a March 2022 Law Division order denying his motion to suppress a firearm seized during a warrantless search of
- [Court Upholds Summary Judgment in Nayith Cantillo v. Veronica Lizano-Valerio - Dec 20, 2023](https://www.criminalcivillawyer.com/court-upholds-summary-judgment-in-nayith-cantillo-v-veronica-lizano-valerio-dec-20-2023/) - Nayith Cantillo v. Veronica Lizano-Valerio Docket No. A-2317-21 Decided December 20, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from a Law Division order granting summary judgment to defendant and dismissing plaintiff's complaint, as well as a March 2022 order
- [A.I. v. D.I. Legal Saga: FRO Dissolution Denied, Appellate Court Upholds Decision - Dec 11, 2023](https://www.criminalcivillawyer.com/a-i-v-d-i-legal-saga-fro-dissolution-denied-appellate-court-upholds-decision-dec-11-2023/) - A.I. v. D.I. Docket No. A-0658-22 Decided December 11, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the trial court's denial of his second motion to dissolve a Final Restraining Order (FRO). After a four-year relationship with the defendant, in
- [Employee’s Car Accident Commuting to Work Deemed Compensable for Workers Compensation Claim](https://www.criminalcivillawyer.com/employees-car-accident-commuting-to-work-deemed-compensable-for-workers-compensation-claim/) - Henry Keim v. Above All Termite & Pest Control Docket No.: A-30-22 Decided November 21, 2023 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey reversed the dismissal of petitioner’s claim finding an employee’s car accident was in the court of employment under the “authorized vehicle
- [NJ Supreme Court Rules on Miranda Warnings in Hospital](https://www.criminalcivillawyer.com/nj-supreme-court-rules-on-miranda-warnings-in-hospital/) - State of New Jersey v. Amandeep Tiwana Docket No. (A-36-22) (087919) Decided November 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether an investigating detective’s self-introduction to defendant at her bedside in the hospital following a car crash initiated
- [PTI Program Appeal: State's Discretion and Trial Judge's Intervention](https://www.criminalcivillawyer.com/pti-program-appeal-states-discretion-and-trial-judges-intervention/) - State of New Jersey v. C.G.H. Docket No. A-2065-22 Decided November 13, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order admitting defendant into the Pre-Trial Intervention (“PTI”) Program over the objection of the Ocean County
- [In The Matter of The Appeal of The Denial of The Application for Firearms Purchaser Identification Card and Permits to Purchase a Handgun N.M.](https://www.criminalcivillawyer.com/in-the-matter-of-the-appeal-of-the-denial-of-the-application-for-firearms-purchaser-identification-card-and-permits-to-purchase-a-handgun-n-m/) - Appellate Docket No.: A-2445-21 Decided November 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) and handgun purchase permits (“HPP”) after petitioner was to have a prior Driving while intoxicated (DWI) conviction,
- [Daubert Standard in Criminal Appeals: DRE Testimony Admissibility and Review](https://www.criminalcivillawyer.com/daubert-standard-in-criminal-appeals-dre-testimony-admissibility-and-review/) - Summarize Olenoswski Decision 11-15-23.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The document is a syllabus summarizing the court's opinion in State v. Michael Olenowski. It discusses the court's consideration of whether Drug Recognition Expert (DRE) testimony is reliable and admissible under the Daubert standard, as well as the appropriate standard of review for Daubert-based
- [NJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry](https://www.criminalcivillawyer.com/nj-court-upholds-search-emergency-aid-doctrine-in-warrantless-hotel-room-entry/) - State of New Jersey v. Pedro Sarkis-Farahlaporte Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a hotel room he was occupying.
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- [Severance Ruling in NJ vs. Grimsley & Malik - August 28, 2023](https://www.criminalcivillawyer.com/severance-ruling-in-nj-vs-grimsley-malik-august-28-2023/) - State of New Jersey v. Dandel Grimsley & Mateen Malik Docket No. A-2699-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendants’ motion for severance of their scheduled joint trial. In this case,
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- [Free Speech Prevails: S.B.B. v. L.B.B. - Landmark Decision, Sept. 6, 2023](https://www.criminalcivillawyer.com/free-speech-prevails-s-b-b-v-l-b-b-landmark-decision-sept-6-2023/) - S.B.B. v. L.B.B. Docket No. A-0305-21 Decided September 6, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s order entering a final restraining order (FRO) against defendant for her pressuring her husband, plaintiff, to get a Jewish divorce, or “get” on
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- [Appellate Court Upholds Property Sale to Satisfy Divorce Judgment](https://www.criminalcivillawyer.com/appellate-court-upholds-property-sale-to-satisfy-divorce-judgment/) - Anna Maria Toth v. John Turi Docket No. A-3075-20 Decided August 29, 2023 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a May 2021 order, in favor of plaintiff, permitting the sale of defendant’s real property to satisfy a $174,020 judgment
- [NJ Appellate Court Upholds Suppression in Wiretap Case](https://www.criminalcivillawyer.com/nj-appellate-court-upholds-suppression-in-wiretap-case/) - State of New Jersey v. Dennis Gargano, Jr. & Clarence Grant Docket No. A-1230-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey was tasked with determining whether the trial court correctly determined the State's interception of privileged marital communications between codefendant
- [NJ Appellate Court Upholds FRO Decision in PDVA Case](https://www.criminalcivillawyer.com/nj-appellate-court-upholds-fro-decision-in-pdva-case/) - N.I. v. L.M. Docket No. A-3516-21 Decided August 25, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of plaintiff. Plaintiff and
- [Appellate Court Affirms Probable Cause in Arrest Case](https://www.criminalcivillawyer.com/appellate-court-affirms-probable-cause-in-arrest-case/) - State of New Jersey v. Travis Murphy Docket No. A-2657-21 Decided August 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an August 2021 order denying his motion to suppress evidence seized following his arrest. In late April of 2020,
- [Civil Commitment of R.L. Under SVPA: Appellate Court Upholds Decision](https://www.criminalcivillawyer.com/civil-commitment-of-r-l-under-svpa-appellate-court-upholds-decision/) - In the Matter of the Civil Commitment of R.L. Docket No. A-3766-20 Decided August 17, 2023 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided R.L.’s appeal from three Law Division orders: (1) an April 2020 order of temporary commitment; (2) a May 2020
- [NEW JERSEY APPELLATE DIVISION UPHOLDS DECISION TO SUSPEND FATHER’S PARENTING TIME WITH NO SHOWING OF ABUSE OR NEGLECT](https://www.criminalcivillawyer.com/new-jersey-appellate-division-upholds-decision-to-suspend-fathers-parenting-time-with-no-showing-of-abuse-or-neglect/) - P.V.P. v. F.J.C. Docket No. A-271-21 Decided August 22, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s order suspending defendant’s parenting time until the child matured due to the child’s best interests, with no showing of abuse or neglect. In
- [Appellate Division Enforces Beis Din Provision in Marital Settlement Agreement](https://www.criminalcivillawyer.com/appellate-division-enforces-beis-din-provision-in-marital-settlement-agreement/) - Ava Satz v. Allen Satz Docket No. A-3535-21 Decided August 18, 2023 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey affirmed a trial court’s order enforcing a provision of the Marital Settlement Agreement (MSA) requiring the parties to following beis din proceedings to obtain a
- [Supreme Court of New Jersey Rules on In-Person Interpreting in Criminal Jury Trials](https://www.criminalcivillawyer.com/supreme-court-of-new-jersey-rules-on-in-person-interpreting-in-criminal-jury-trials/) - State of New Jersey v. Oscar Juracan-Juracan Docket No. A-32-22 Decided August 15, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining a question of first impression, whether a criminal defendant must be provided in-person interpreting services, rather than video remote
- [Appellate Court Affirms Convictions and Sentence: State v. John Rivera](https://www.criminalcivillawyer.com/appellate-court-affirms-convictions-and-sentence-state-v-john-rivera/) - State of New Jersey v. John Rivera Docket No. A-3223-20 Decided August 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his convictions for vehicular homicide, assault by auto, and DWI. In the alternative, defendant contends his sentence was excessive.
- [Appellate Division Affirms Denial: Samuel v. Calabrese Child Support Case](https://www.criminalcivillawyer.com/appellate-division-affirms-denial-samuel-v-calabrese-child-support-case/) - Rebekah Samuel v. Theodore Calabrese Docket No. A-2231-21 Decided August 14, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to modify supervised parenting time and child support, despite defendant’s alleged inability to pay for the supervised
- [FINAL RESTRAINING ORDER FOUND TO BE NECESSARY AFTER POLICE OFFICER PLACES GPS TRACKING DEVICE ON GIRLFRIEND’S VEHICLE](https://www.criminalcivillawyer.com/final-restraining-order-found-to-be-necessary-after-police-officer-places-gps-tracking-device-on-girlfriends-vehicle/) - K.E.Z. v. J.H. DOCKET NO. A-3172-21 Decided August 8, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order after Defendant admitted to placing a GPS tracking device on plaintiff’s vehicle with no other acts or history
- [Appellate Court Reverses Decision: Severance Denied in State v. A.F. Sexual Abuse Case](https://www.criminalcivillawyer.com/appellate-court-reverses-decision-severance-denied-in-state-v-a-f-sexual-abuse-case/) - State of New Jersey v. A.F. Docket No. A-0799-22 Decided August 10, 2023 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to sever certain counts of an indictment charging him with sexually abusing three minor
- [FRO Decision: K.E.Z. v. J.H. Upheld by Appellate Court (A-3172-21, Aug 8, 2023)](https://www.criminalcivillawyer.com/fro-decision-k-e-z-v-j-h-upheld-by-appellate-court-a-3172-21-aug-8-2023/) - K.E.Z. v. J.H. Docket No. A-3172-21 Decided August 8, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of plaintiff,
- [NJ Supreme Court: Flawed Evidence & Identification in State v. Burney (A-24-22, Aug 2, 2023)](https://www.criminalcivillawyer.com/nj-supreme-court-flawed-evidence-identification-in-state-v-burney-a-24-22-aug-2-2023/) - State of New Jersey v. Roberson Burney Docket No. A-24-22 Decided August 2, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether it was cumulative error for the trial court to admit two pieces of evidence: expert testimony that defendant’s
- [SUPREME COURT OF NEW JERSEY MAKES IT EASIER TO TERMINATE ALIMONY BY PROVING COHABITATION](https://www.criminalcivillawyer.com/supreme-court-of-new-jersey-makes-it-easier-to-terminate-alimony-by-proving-cohabitation/) - Cardali v. Cardali Docket No. A-25-22 Decided August 8, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. The Supreme Court of New Jersey in a recent decision reversed a decision to deny a motion to modify alimony based on cohabitation, finding the movant demonstrated a prima facie showing of cohabitation. In Cardali, Plaintiff Suzanne Cardali
- [Appellate Decision Upholds DWI & Refusal Convictions in NJ: Legal Analysis & Representation Offered](https://www.criminalcivillawyer.com/appellate-decision-upholds-dwi-refusal-convictions-in-nj-legal-analysis-representation-offered/) - State of New Jersey v. Kevin Simmons Docket No. A-3438-21 Decided July 26, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a June 3, 2022 Law Division order upholding his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; and refusal
- [Unpublished Opinion: Appellate Court Remands FRO Case | Hark & Hark Attorneys](https://www.criminalcivillawyer.com/unpublished-opinion-appellate-court-remands-fro-case-hark-hark-attorneys/) - A.M.K. v. R.S.L. Docket No. A-2867-21 Decided July 31, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against him under the Prevention of Domestic Violence Act (“PDVA”), after a trial. In the summer of
- [NJ Appellate Court Reverses Decision: Unlawful Search & Suppression of Evidence | Hark & Hark Attorneys](https://www.criminalcivillawyer.com/nj-appellate-court-reverses-decision-unlawful-search-suppression-of-evidence-hark-hark-attorneys/) - State of New Jersey v. Shadi Allie Docket No. A-0082-22 Decided July 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an interlocutory order denying her motion to suppress evidence seized during a warrantless search of the van in which
- [NEW JERSEY COURTS FORBID LAY TESTIMONY OF PHONE GPS TECHNOLOGY WITHOUT A REQUISITE KNOWLEDGE OR EXPERIENCE WITH USING GPS](https://www.criminalcivillawyer.com/new-jersey-courts-forbid-lay-testimony-of-phone-gps-technology-without-a-requisite-knowledge-or-experience-with-using-gps/) - H.A. v. S.M.A. DOCKET NO. A-1631-21 Decided July 31, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order after denying defendant’s testimony regarding her GPS location on the day in question. In H.A. v. S.M.A., Plaintiff
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- [Conditional Discharge Upheld: NJ Appellate Court Affirms Decision on Sexually Violent Predator's Appeal.](https://www.criminalcivillawyer.com/conditional-discharge-upheld-nj-appellate-court-affirms-decision-on-sexually-violent-predators-appeal/) - In the Matter of the Civil Commitment of R.M.T. Docket No. A-2213-21 Decided July 3, 2023 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Law Division order which found him to be a sexually violent predator and continued his
- [Privacy Ruling: NJ Supreme Court Limits Law Enforcement's Access to Facebook Communications in Real Time.](https://www.criminalcivillawyer.com/privacy-ruling-nj-supreme-court-limits-law-enforcements-access-to-facebook-communications-in-real-time/) - Facebook, Inc. v. State of New Jersey Docket Nos. (A-61-21; A-7-22) (087054) Decided June 29, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey decided whether law enforcement officials can obtain the contents of electronic communications from a Facebook account prospectively every 15 minutes for
- [Dismissed: Appellate Court Upholds Dismissal of Complaint Due to Statute of Limitations in Motor Vehicle Accident Case](https://www.criminalcivillawyer.com/dismissed-appellate-court-upholds-dismissal-of-complaint-due-to-statute-of-limitations-in-motor-vehicle-accident-case/) - Simon King & Thomas King v. Renay Tripp & Stonewood Tavern Docket No. A-0008-22 Decided June 28, 2023 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided whether plaintiff Simon King's complaint for personal injuries stemming from a motor vehicle accident on August
- [Landmark Dog Bite Case: Barkosky v. Weber's Training School - Appellate Court Holds Parents Liable for Child's Injuries](https://www.criminalcivillawyer.com/landmark-dog-bite-case-barkosky-v-webers-training-school-appellate-court-holds-parents-liable-for-childs-injuries/) - Barkosky v. Weber's Training Sch. Docket No. A-3142-21 Decided June 23, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ appeal from a Law Division order dismissing their counterclaim and third-party claim for failure to state a claim pursuant to Rule 4:6-2(e).
- [Reversed Defendant’s Conviction Following His Plea of Guilty to the Rape and Murder of A.S](https://www.criminalcivillawyer.com/reversed-defendants-conviction-following-his-plea-of-guilty-to-the-rape-and-murder-of-a-s/) - State of New Jersey v. Andreas Erazo Docket No. A-16-22 Decided June 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether the Appellate Division properly reversed defendant’s conviction following his plea of guilty to the rape and murder of
- [Appeal From a Final Restraining Order Based on the Predicate Acts of Sexual Assault, Assault, Harassment, False Imprisonment, and Later Criminal Sexual Contact and Contempt](https://www.criminalcivillawyer.com/appeal-from-a-final-restraining-order-based-on-the-predicate-acts-of-sexual-assault-assault-harassment-false-imprisonment-and-later-criminal-sexual-contact-and-contempt/) - S.N. v. M.G.R. Docket No. A-2491-21 Decided June 20, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against him based on the predicate acts of sexual assault, assault, harassment, false imprisonment, and later criminal
- [A Dragnet at Dewey & LeBoeuf Snares a Minnow](https://www.criminalcivillawyer.com/a-dragnet-at-dewey-leboeuf-snares-a-minnow/) - Originally published by the New York Times “You’ve been indicted,” an assistant Manhattan district attorney, Peirce Moser, told Zachary Warren, a 29-year-old magna cum laude graduate of Georgetown Law School with a prestigious clerkship on the Federal Court of Appeals for the Sixth Circuit in Memphis. “Can you say that again?” a stunned Mr.
- [Appeal In Superior Court Pertaining to Motions for Summary Judgment in Slip and Fall Case](https://www.criminalcivillawyer.com/appeal-in-superior-court-pertaining-to-motions-for-summary-judgment-in-slip-and-fall-case/) - Michael Racine v. Rite Aid Pharmacy Docket No. A-3816-21 Decided June 14, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from an order granting defendant’s motion for summary judgment following the conclusion of discovery. Plaintiff slipped and fell as he
- [Police May Not Enter a Detained Vehicle Under the Authority of the Registration Search](https://www.criminalcivillawyer.com/police-may-not-enter-a-detained-vehicle-under-the-authority-of-the-registration-search/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Yesterday New Jersey’s Appellate Division held, in a published opinion in the case of State v. Johnson, established new rules which all New Jersey’s police must follow when conducting a motor vehicle search for a paper copy of a registration. The panel reversed the trial judge's denial of
- [Motion to Suppress Marijuana and a Firearm Seized During a Traffic Stop](https://www.criminalcivillawyer.com/motion-to-suppress-marijuana-and-a-firearm-seized-during-a-traffic-stop/) - State of New Jersey in the Interest of S.H. Docket No. A-2170-20 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided S.H.’s appeal from an order denying his motion to suppress marijuana and a firearm seized during a traffic stop. In
- [State Of New Jersey V. Osher Eisemann: Case Pertaining to Motions for a New Trial Based on Newly Discovered Evidence and Brady Violations](https://www.criminalcivillawyer.com/state-of-new-jersey-v-osher-eisemann-case-pertaining-to-motions-for-a-new-trial-based-on-newly-discovered-evidence-and-brady-violations/) - State of New Jersey v. Osher Eisemann Docket No. A-0186-22 & A-0187-22 Decided May 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s motion for leave to appeal the order granting defendant a new trial. The basis of defendant’s charges stemmed
- [Appellate Court Upholds Therapy and Supervised Parenting Time Order in Child Custody Appeal](https://www.criminalcivillawyer.com/appellate-court-upholds-therapy-and-supervised-parenting-time-order-in-child-custody-appeal/) - S.R. v. L.N., Jr. Docket No. A-1972-21 Decided April 24, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a December 1, 2021 order denying his motion to reconsider a September 23, 2021 order that compelled defendant to exercise supervised parenting
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- [Appellate Court Upholds FRO in Domestic Violence Case: Hark & Hark Represents Clients in Appeals](https://www.criminalcivillawyer.com/appellate-court-upholds-fro-in-domestic-violence-case-hark-hark-represents-clients-in-appeals/) - A.I.S. v. N.A.R. Docket No. A-1972-21 Decided April 17, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an amended final restraining order (“FRO”) entered against him under the Prevention of Domestic Violence Act (“PDVA”). The parties were in a
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- [NJ Court Dismisses Appeal of Detained Non-Citizen: Hark & Hark Represents Clients in Pretrial Detention Orders](https://www.criminalcivillawyer.com/nj-court-dismisses-appeal-of-detained-non-citizen-hark-hark-represents-clients-in-pretrial-detention-orders/) - State of New Jersey v. Gregory Albamata Docket No. A-1341-22 Decided April 12, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order revoking his release and detaining him pretrial under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to
- [NJ Appellate Court Affirms Denial of PCR Petition in State v. Vargas: Hark & Hark Offers Experienced Post-Conviction Relief Representation](https://www.criminalcivillawyer.com/nj-appellate-court-affirms-denial-of-pcr-petition-in-state-v-vargas-hark-hark-offers-experienced-post-conviction-relief-representation/) - State of New Jersey v. Zabdiel Vargas Docket No. A-3008-20 Decided April 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a February 12, 2021 order denying his petition for post-conviction relief (“PCR”) without an evidentiary hearing. In November 2017,
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- [Appellate Court Remands Ceatta Thomas Case for Further Consideration of Mental Health in Denial of Pretrial Detention Order Appeal](https://www.criminalcivillawyer.com/appellate-court-remands-ceatta-thomas-case-for-further-consideration-of-mental-health-in-denial-of-pretrial-detention-order-appeal/) - State of New Jersey v. Ceatta Thomas Docket No. A-2006-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order denying its motion for pretrial detention pursuant to the Criminal Justice Reform Act, N.J.S.A.
- [NEW JERSEY COURT ENTERS FINAL RESTRAINING ORDER FOR REMOVING RING CAMERA AND NOT REPLACING IT IMMEDIATELY](https://www.criminalcivillawyer.com/new-jersey-court-enters-final-restraining-order-for-removing-ring-camera-and-not-replacing-it-immediately/) - P.A. v. S.A. DOCKET NO. A-2675-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order solely for defendant removing a ring camera in a house where he resided and not replacing it immediately.
- [Plaintiffs Have to Prove a Predicate Act of Domestic Violence and That the Restraining Order Is Necessary for Their Protection from Future Acts of Domestic Violence](https://www.criminalcivillawyer.com/plaintiffs-have-to-prove-a-predicate-act-of-domestic-violence-and-that-the-restraining-order-is-necessary-for-their-protection-from-future-acts-of-domestic-violence/) - J.D. v. A.M.W. DOCKET NO. A-1269-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division of New Jersey reversed the denial of a Final Restraining Order after plaintiff proved a predicate act of domestic violence and a history of domestic violence with defendant choosing
- [As Long as Officers Are Lawfully Present and There Is Evidence of a Crime That Is Immediately Apparent to Officers, They Can Seize the Evidence Without a Warrant](https://www.criminalcivillawyer.com/as-long-as-officers-are-lawfully-present-and-there-is-evidence-of-a-crime-that-is-immediately-apparent-to-officers-they-can-seize-the-evidence-without-a-warrant/) - State v. Marese Washington, Jr. Appellate Docket No.: A-0733-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress after finding that police lawfully seized defendant’s vehicle in plain view after it was immediately apparent
- [Interlocutory Review Was Improvidently Granted and Accordingly Dismissed the Appeal](https://www.criminalcivillawyer.com/interlocutory-review-was-improvidently-granted-and-accordingly-dismissed-the-appeal/) - State of New Jersey v. Anthony King, et al. Docket No. A-2970-21 Decided March 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ motion appealing the court’s interlocutory orders which granted the State’s applications to quash defendants’ subpoenas duces tecum issued to
- [In Order to Show Cohabitation, the Movant Must Make an Application and Present Evidence of Six Factors](https://www.criminalcivillawyer.com/in-order-to-show-cohabitation-the-movant-must-make-an-application-and-present-evidence-of-six-factors/) - Lombardi v. Lombardi Docket No. A-0350-21 Decided April 3, 2023 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation but there was no proof
- [Credibility Often Times Is the Sole Deciding Factor as to Whether a Final Restraining Order (FRO) Should Be Granted](https://www.criminalcivillawyer.com/credibility-often-times-is-the-sole-deciding-factor-as-to-whether-a-final-restraining-order-fro-should-be-granted/) - B.B. v. K.K.C. DOCKET NO. A-2834-21 Decided March 31, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) even after the plaintiff moved to Florida. In B.B. v. K.K.C., The parties dated from approximately October
- [POLICE OFFICER INTERNAL AFFAIRS RECORDS DISCOVERABLE FOR CRIMINAL DEFENSE](https://www.criminalcivillawyer.com/police-officer-internal-affairs-records-discoverable-for-criminal-defense/) - State v. Andre Higgs Appellate Docket No.: A-28-21 Decided March 30, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey has not made internal affairs records for police officers discoverable for criminal defendants in certain circumstances. In State v. Higgs, Defendant and May had been involved
- [Motion to Suppress Evidence Must Be Reversed Because the Opening of the Car Doors During the Dog Sniff Constituted an Unlawful Search](https://www.criminalcivillawyer.com/motion-to-suppress-evidence-must-be-reversed-because-the-opening-of-the-car-doors-during-the-dog-sniff-constituted-an-unlawful-search/) - State of New Jersey v. Nestor Balbi Docket No. A-2908-20 Decided March 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order denying his motion to suppress evidence after a remand. The Appellate Court originally remanded the case
- [Pre-Trial Intervention (PTI) Program Denied When Charged with Third Degree Operating a Motor Vehicle That Resulted in the Death of Another While Her License Was Suspended](https://www.criminalcivillawyer.com/pre-trial-intervention-pti-program-denied-when-charged-with-third-degree-operating-a-motor-vehicle-that-resulted-in-the-death-of-another-while-her-license-was-suspended/) - State of New Jersey v. Laquana Ransdell Docket No. A-1476-21 Decided March 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of her application for admission into the Pre-Trial Intervention (PTI) program. In
- [Physical Acts of Domestic Violence Are Not Needed to Prove “Domestic Violence” In New Jersey](https://www.criminalcivillawyer.com/physical-acts-of-domestic-violence-are-not-needed-to-prove-domestic-violence-in-new-jersey/) - C.H. v. R.J.O. Docket No. A-1058-21 Decided March 27, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) and attorney fee award against defendant after refusing to leave the plaintiff alone. In C.H. v. R.J.O.,
- [Appeal Of Registrant Risk Assessment Scale (“RRAS”), Megan's Law Tier Classification](https://www.criminalcivillawyer.com/appeal-of-registrant-risk-assessment-scale-rras-megans-law-tier-classification/) - In re Registrant B.D. Docket No. A-2243-21 Decided March 10, 2023 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his Megan's Law Tier classification. Defendant pled guilty in 2019 to 2nd degree luring or enticing a child and was sentenced
- [Defendant's Uncontrolled Anger and Threats Also Posed a Risk to Plaintiff and FRO Is Necessary to Prevent Further Abuse](https://www.criminalcivillawyer.com/defendants-uncontrolled-anger-and-threats-also-posed-a-risk-to-plaintiff-and-fro-is-necessary-to-prevent-further-abuse/) - D.M.L v. K.A.C. Docket No. A-1805-21 Decided March 2, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against her pursuant to the Prevention of Domestic Violence Act (“PDVA”). In February 2021, defendant began
- [DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY](https://www.criminalcivillawyer.com/dissolving-a-final-restraining-order-in-new-jersey-2/) - J.H. v. G.H. Docket No. A-2377-21 Decided March 20, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to prove a substantial change in circumstances, even though the
- [If You Are Convicted of a DUI/DWI You Cannot Bring a Claim For Personal Injury as a Result of an Accident](https://www.criminalcivillawyer.com/if-you-are-convicted-of-a-dui-dwi-you-cannot-bring-a-claim-for-personal-injury-as-a-result-of-an-accident/) - George Castano v. Wendell Augustine, et al. Docket No.: A-3925-21 Decided March 6, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division affirmed the denial of defendant’s motion for summary judgment of plaintiff’s personal injury complaint stemming from a motor vehicle accident in which plaintiff admitted
- [Appealing A Denial into the PTI Program Based on Receiving a Prior Marijuana-Related Conditional Discharge Pre-CREAMMA](https://www.criminalcivillawyer.com/appealing-a-denial-into-the-pti-program-based-on-receiving-a-prior-marijuana-related-conditional-discharge-pre-creamma/) - State of New Jersey v. Kevin Waters Docket No. A-1679-21 Decided February 27, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of his application for admission into a pre-trial intervention (PTI) program.
- [NEW JERSEY SUPREME COURT DRUG RECOGNITION EXPERT (DRE) UPDATE](https://www.criminalcivillawyer.com/new-jersey-supreme-court-drug-recognition-expert-dre-update/) - State v. Michael Olenowski Appellate Docket No.: A-56-18 Decided February 17, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed the special master’s report on Drug Recognition Experts (DRE) used in criminal cases and in doing so, adopted a new standard of admissibility of
- [In the Matter of J.M. - appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”)](https://www.criminalcivillawyer.com/in-the-matter-of-j-m-appeal-from-a-temporary-extreme-risk-protective-order-terpo-and-final-extreme-risk-protective-order-ferpo/) - In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the
- [The Court Reconsiders the Appropriate Standard to Evaluate the Admissibility of Expert Evidence](https://www.criminalcivillawyer.com/the-court-reconsiders-the-appropriate-standard-to-evaluate-the-admissibility-of-expert-evidence/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/State-v.-Michael-Olenowski.pdf" title="State v. Michael Olenowski"]
- [Appeal From a Final Restraining Order (“FRO”) Entered Against Pursuant to the Prevention of Domestic Violence Act (“PDVA”)](https://www.criminalcivillawyer.com/appeal-from-a-final-restraining-order-fro-entered-against-pursuant-to-the-prevention-of-domestic-violence-act-pdva/) - E.B. v. A.B. Docket No. A-3241-20 Decided February 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against pursuant to the Prevention of Domestic Violence Act (“PDVA”). The parties married in October 2014
- [An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time](https://www.criminalcivillawyer.com/an-officer-standing-in-the-driveway-without-a-warrant-cannot-utilize-the-warrantless-search-of-plain-view-if-the-officer-is-not-lawfully-in-the-area-at-the-time/) - State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the
- [Warrantless Search and Seizure of Weapons Was Impermissible, Unsupported by Probable Cause, and Without Exigent Circumstances](https://www.criminalcivillawyer.com/warrantless-search-and-seizure-of-weapons-was-impermissible-unsupported-by-probable-cause-and-without-exigent-circumstances/) - In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the
- [To obtain grandparent visitation, over the objection of a fit parent "must prove by a preponderance of the evidence that denial of visitation will harm the child."](https://www.criminalcivillawyer.com/to-obtain-grandparent-visitation-over-the-objection-of-a-fit-parent-must-prove-by-a-preponderance-of-the-evidence-that-denial-of-visitation-will-harm-the-child/) - G.T. v. D.D. Docket No. A-3382-20 Decided February 7, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order denying grandparent visitation. In G.T. v. D.D., plaintiff G.T. (Grandmother) is the mother of defendant D.D. (Mother), who gave birth to the Grandchild in
- [Remanded: An Order of Sole Custody and Over $20,000 In Sanctions Due to The Court’s Failure to Allow a Custody Expert to Be Cross Examined](https://www.criminalcivillawyer.com/remanded-an-order-of-sole-custody-and-over-20000-in-sanctions-due-to-the-courts-failure-to-allow-a-custody-expert-to-be-cross-examined/) - R.G. v. K.G. Docket No. A-0464-21 Decided February 2, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order of sole custody and over $20,000 in sanctions due to the Court’s failure to allow a custody expert to be cross examined. In R.G.
- [Motion To Suppress a Statement Made to Police While Suffering Serious Wounds and Being Under the Influence of Medication](https://www.criminalcivillawyer.com/motion-to-suppress-a-statement-made-to-police-while-suffering-serious-wounds-and-being-under-the-influence-of-medication/) - State of New Jersey v. Rollie Ellis Docket No. A-3606-19 Decided January 18, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to suppress a statement she made to police about stabbing the victims. In April
- [Appeal From a Final Restraining Order (“FRO”) Entered Against Defendant Based on the Predicate Act of Terroristic Threats](https://www.criminalcivillawyer.com/appeal-from-a-final-restraining-order-fro-entered-against-defendant-based-on-the-predicate-act-of-terroristic-threats/) - M.W. v. M.B.W. Docket No. A-1105-21 Decided January 11, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against him based on the predicate act of terroristic threats. The parties resided with one another for
- [Petty Disorderly Persons Simple Assault Rather Than Disorderly Persons Simple Assault](https://www.criminalcivillawyer.com/petty-disorderly-persons-simple-assault-rather-than-disorderly-persons-simple-assault/) - State of New Jersey v. Adrian Birch Docket No. A-1429-21 Decided January 4, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his conviction for simple assault against his then-wife. In June 2019, after 48 years of marriage, the defendant wanted
- [State of New Jersey v. William Mongillo, Jr.: Appeal from an Order Finding Defendant Guilty Of DUI, Refusal to Submit to a Breath Test, Reckless Driving, and Failure to Maintain Lane](https://www.criminalcivillawyer.com/state-of-new-jersey-v-william-mongillo-jr-appeal-from-an-order-finding-defendant-guilty-of-dui-refusal-to-submit-to-a-breath-test-reckless-driving-and-failure-to-maintain-lane/) - State of New Jersey v. William Mongillo, Jr. Docket No. A-3002-20 Decided December 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless driving, and failure
- [Glenn Hughes v. Jason Worthington: Determined Whether Injuries Were Permanent and Causally Related to the Accident](https://www.criminalcivillawyer.com/glenn-hughes-v-jason-worthington-determined-whether-injuries-were-permanent-and-causally-related-to-the-accident/) - Glenn Hughes v. Jason Worthington Docket No. A-0854-21 Decided December 30, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from an order dismissing his personal injury complaint with prejudice. In October 2017, plaintiff rear-ended defendant’s vehicle in an automobile accident.
- [State of New Jersey v. Markies Wells: Motion to Suppress Evidence Seized as a Result of an Unlawful Search](https://www.criminalcivillawyer.com/state-of-new-jersey-v-markies-wells-motion-to-suppress-evidence-seized-as-a-result-of-an-unlawful-search/) - State of New Jersey v. Markies Wells Docket No. A-2335-19 Decided December 23, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his convictions arising from a motor vehicle stop. The facts of this case are as follows: In March 2017
- [If There Is Ever a Suggestion That the Judge’s Decision Was Not Impartial and Unbiased Grounds for Appeal May Exist](https://www.criminalcivillawyer.com/if-there-is-ever-a-suggestion-that-the-judges-decision-was-not-impartial-and-unbiased-grounds-for-appeal-may-exist/) - K.D.M. v. J.A.M. DOCKET NO. A-2436-20 Decided December 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed the entry of a Final Restraining Order (FRO) after introducing a post-decision conversation between the deciding Judge and his staff in which the Judge described the
- [O’Keefe v. Marcovici: Premises Liability in Slip-And-Fall Personal Injury](https://www.criminalcivillawyer.com/okeefe-v-marcovici-premises-liability-in-slip-and-fall-personal-injury/) - O’Keefe v. Marcovici Docket No. A-0010-21 Decided December 13, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiffs’ appeal from an order granting defendant’s motion for summary judgment and dismissing their complaint with prejudice. Plaintiffs also appealed the trial court's order denying
- [State of New Jersey v. Christopher Tolbert and Suppressing Evidence Seized as the Result of a Warrantless Search](https://www.criminalcivillawyer.com/state-of-new-jersey-v-christopher-tolbert-and-suppressing-evidence-seized-as-the-result-of-a-warrantless-search/) - State of New Jersey v. Christopher Tolbert Docket No. A-1099-21 Decided December 12, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized as the result of a warrantless search and his sentence.
- [Fritzy Rivera v. Cherry Hill Towers, LLC.: Liability of Property Managers in Personal Injury Cases](https://www.criminalcivillawyer.com/fritzy-rivera-v-cherry-hill-towers-llc-liability-of-property-managers-in-personal-injury-cases/) - Fritzy Rivera v. Cherry Hill Towers, LLC. Docket No. A-2394-21 Decided December 12, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying the property manager, Vikco’s, motion for summary judgment to dismiss plaintiff’s complaint. Cherry Hill Towers
- [Defendant Contended That His Un-Mirandized Statements to Police Should Have Been Suppressed and That the Court Committed Reversible Error](https://www.criminalcivillawyer.com/defendant-contended-that-his-un-mirandized-statements-to-police-should-have-been-suppressed-and-that-the-court-committed-reversible-error/) - State of New Jersey v. Elijarh Hogges Docket No. A-1666-19 Decided December 2, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from judgment of conviction entered after a jury trial of four counts arising from a motor vehicle collision that resulted
- [Richard Oetting v. Hageman Roofing, et. al. - Personal Injury and Workers Compensation](https://www.criminalcivillawyer.com/richard-oetting-v-hageman-roofing-et-al-personal-injury-and-workers-compensation/) - Richard Oetting v. Hageman Roofing, et. al. Docket No. A-0505-21 Decided December 1, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from an order granting summary judgment in favor of defendants. One of the defendants, Riverview Realty owns a building
- [State’s Appeal from An Order Suppressing Defendant’s Alleged Intoxication as a Sanction for The State Trooper’s Absence at Trial](https://www.criminalcivillawyer.com/states-appeal-from-an-order-suppressing-defendants-alleged-intoxication-as-a-sanction-for-the-state-troopers-absence-at-trial/) - State of New Jersey v. Jacob Hiller Docket No. A-2647-21 Decided November 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order suppressing defendant’s alleged intoxication as a sanction for the State Trooper’s absence at trial. In November
- [Defendant’s Appeal of His Conviction and Sentence for Possession of Fentanyl and Weapons](https://www.criminalcivillawyer.com/defendants-appeal-of-his-conviction-and-sentence-for-possession-of-fentanyl-and-weapons/) - State of New Jersey v. Tahir Gregory Docket No. A-0460-20 Decided November 29, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his conviction and sentence for possession of fentanyl and weapons. Defendant was indicted by a grand jury with
- [Supreme Court of New Jersey: State in the Interest of E.S.](https://www.criminalcivillawyer.com/supreme-court-of-new-jersey-state-in-the-interest-of-e-s/) - State in the Interest of E.S. Docket No. A-41/42-21 Decided November 22, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Supreme Court of New Jersey determined whether the trial court abused its discretion in choosing to hear the State’s waiver motion before E.S.’s suppression motion and whether the Family
- [In the Matter of K.M.D.](https://www.criminalcivillawyer.com/in-the-matter-of-k-m-d/) - In the Matter of K.M.D. Docket No. A-3089-20 Decided November 23, 2022 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Final Extreme Risk Protective Order (“FERPO”) entered against him. In August 2020, police responded to a crisis call from appellant’s
- [Motion To Modify and Enforce Child Support Orders and Obtain Relief from Judgment of Divorces](https://www.criminalcivillawyer.com/motion-to-modify-and-enforce-child-support-orders-and-obtain-relief-from-judgment-of-divorces/) - John Young v. Catarina Santos-Young Docket #: A-0103-21 Decided: November 22, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying her motion for relief from the parties’ July 2015 final judgment of divorce (JOD) and to reopen and
- [Premises Liability in Personal Injury Cases](https://www.criminalcivillawyer.com/premises-liability-in-personal-injury-cases/) - Adel Hanna v. Woodland Cmty. Ass'n Docket No. A-0277-21 Decided November 17, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of an Order granting summary judgment to all defendants pursuant to the "ongoing storm rule". Plaintiff fell in the parking
- [Motion To Suppress Physical Evidence Seized as a Result of an Unlawful Search](https://www.criminalcivillawyer.com/motion-to-suppress-physical-evidence-seized-as-a-result-of-an-unlawful-search/) - State of New Jersey v. Carlos Sanchez Docket No. A-0930-20 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized by police without a warrant from his mother's home. At
- [2 Individuals Posed as Police Officers and Attempted to Rob Two Victims](https://www.criminalcivillawyer.com/2-individuals-posed-as-police-officers-and-attempted-to-rob-two-victims/) - State of New Jersey v. Hassan Laban Docket No. A-0587-20 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his convictions for robbery, shoplifting, criminal mischief, and possession of controlled dangerous substances (CDS). This case arose out of
- [Motion To Suppress the Alcotest Results Which Led to Arrest for Driving While Intoxicated (“DWI”)](https://www.criminalcivillawyer.com/motion-to-suppress-the-alcotest-results-which-led-to-arrest-for-driving-while-intoxicated-dwi/) - State of New Jersey v. Ryan Peschieri Docket No. A-1791-20 Decided November 16, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his motion to suppress the Alcotest results which led to his arrest for Driving While Intoxicated (“DWI”). At approximately
- [Defendant Challenges the Introduction of Inculpatory Statements Made to Detectives During a Custodial Interrogation](https://www.criminalcivillawyer.com/defendant-challenges-the-introduction-of-inculpatory-statements-made-to-detectives-during-a-custodial-interrogation/) - State of New Jersey v. Jamal Wade Docket No. A-31-21 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey decided defendant’s appeal challenging the introduction of inculpatory statements he made to detectives during a custodial interrogation. In September 2016, an officer responded
- [The Special Mission Exception to Workers Compensation Permits Compensation for Employees That Are Required to Be Away from the Conventional Place of Employment](https://www.criminalcivillawyer.com/the-special-mission-exception-to-workers-compensation-permits-compensation-for-employees-that-are-required-to-be-away-from-the-conventional-place-of-employment/) - Gregory Van Sciver v. Jersey Mechanical Contractors, Inc. Docket No. A-3524-20 Decided November 15, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided respondent/appellant, Jersey Mechanical Contractor’s, appeal from the order awarding petitioner workers’ compensation benefits. The facts of this case are as
- [Defendant Threatened to Commit a Crime of Violence Upon the Officers by Infecting Them With COVID-19](https://www.criminalcivillawyer.com/defendant-threatened-to-commit-a-crime-of-violence-upon-the-officers-by-infecting-them-with-covid-19/) - State of New Jersey v. Zharia Young Docket No. A-3342-21 Decided November 14, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to dismiss the indictment charging her with third-degree Terroristic Threats. In April 2020, officers
- [Denial Of A Post-Conviction Relief (“PCR”) Petition Without An Evidentiary Hearing Under Appeal](https://www.criminalcivillawyer.com/denial-of-a-post-conviction-relief-pcr-petition-without-an-evidentiary-hearing-under-appeal/) - State of New Jersey v. Dasean Harper Docket No. A-1875-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his post-conviction relief (“PCR”) petition without an evidentiary hearing. In November 2013, an officer was investigating
- [Defendant Appeals Denial Of His Motion To Suppress A Loaded Handgun Seized During A Warrantless Search Of His Vehicle.](https://www.criminalcivillawyer.com/defendant-appeals-denial-of-his-motion-to-suppress-a-loaded-handgun-seized-during-a-warrantless-search-of-his-vehicle/) - State of New Jersey v. Wadeworth Afflick Docket No. A-3747-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress a loaded handgun seized during a warrantless search of his vehicle. The
- [Police Did Not Have Reasonable, Articulable Suspicion to Justify the Stop](https://www.criminalcivillawyer.com/police-did-not-have-reasonable-articulable-suspicion-to-justify-the-stop/) - State of New Jersey v. Melvin Peralta Docket No. A-1065-19 Decided November 9, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress physical evidence without a warrant. In November 2015, the Somerset County Prosecutor’s
- [Application For a Final Restraining Order (“FRO”) Based Upon the Predicate Act of Assault](https://www.criminalcivillawyer.com/application-for-a-final-restraining-order-fro-based-upon-the-predicate-act-of-assault/) - N.Z. v. F.Q. Docket No. A-0791-21 Decided November 1, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of the denial of her application for a final restraining order (“FRO”) based upon the predicate act of assault against defendant, her husband, and
- [Personal Injury and the Recklessness Standard Applied to Student Athlete Coach’s Alleged Acts and Omissions](https://www.criminalcivillawyer.com/personal-injury-and-the-recklessness-standard-applied-to-student-athlete-coachs-alleged-acts-and-omissions/) - Dennehy v. E. Windsor Reg'l Bd. of Educ. Docket No. A-36-21 Decided October 26, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published opinion, the Supreme Court of New Jersey determined the standard of care that should apply to a coach’s decision to allow a high school field hockey team to
- [Judge Determined She Needed a Final Restraining Order (“FRO”) to Protect Her from Future Harm Due to The Parties Prior Domestic Violence History](https://www.criminalcivillawyer.com/judge-determined-she-needed-a-final-restraining-order-fro-to-protect-her-from-future-harm-due-to-the-parties-prior-domestic-violence-history/) - C.M.C. v. M.J.C. Docket No. A-0070-21 Decided October 26, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff, his daughter, based on the predicate act of simple
- [Excessive Logjam in Expungement Process a Disservice to the Public](https://www.criminalcivillawyer.com/excessive-logjam-in-expungement-process-a-disservice-to-the-public/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Excessive-Logjam-in-Expungement-Process-a-Disservice-to-the-Public-_-New-Jersey-Law-Journal.pdf" title="Excessive Logjam in Expungement Process a Disservice to the Public _ New Jersey Law Journal"]
- [FRO Was Necessary to Protect Plaintiff Was Based on the History of Domestic Violence](https://www.criminalcivillawyer.com/fro-was-necessary-to-protect-plaintiff-was-based-on-the-history-of-domestic-violence/) - C.L.D. v. L.R.L. Docket No. A-0595-21 Decided October 24, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff and a subsequent order denying her motion for reconsideration.
- [Motion To Suppress Evidence Recovered After an Officer Approached Him in the Parking Lot](https://www.criminalcivillawyer.com/motion-to-suppress-evidence-recovered-after-an-officer-approached-him-in-the-parking-lot/) - State of New Jersey v. Matthew Duffy Docket No. A-0641-21 Decided October 21, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal the denial of his motion to suppress evidence recovered after an officer approached him in the parking lot of Great
- [FRO Trial Did Not Violate Defendant's Due Process Rights and She Failed to Show Any Prejudice](https://www.criminalcivillawyer.com/fro-trial-did-not-violate-defendants-due-process-rights-and-she-failed-to-show-any-prejudice/) - E.L.C. v. D.M.F. Docket No. A-3033-20 Decided October 21, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff. The parties were married in 2015 and were in
- [Final Restraining Order (“FRO”) Upheld Based on the Predicate Act of Harassment](https://www.criminalcivillawyer.com/final-restraining-order-fro-upheld-based-on-the-predicate-act-of-harassment/) - G.S. v. K.S. Docket No. A-3390-20 Decided October 20, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff based on the predicate act of harassment. Plaintiff filed
- [Final Restraining Order Dismissed; Civil Restraints Under the Parties’ Previous Consent Order Continued](https://www.criminalcivillawyer.com/final-restraining-order-dismissed-civil-restraints-under-the-parties-previous-consent-order-continued/) - K.S. v. S.H. Docket No. A-0650-21 Decided October 20, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of an order denying her application for a final restraining order (“FRO”), dismissing her domestic violence complaint, and dissolving her temporary restraining order (“TRO”)
- [Final Restraining Order (FRO) Appealed, Arguing Due Process Was Violated by Proceeding Over Zoom Instead of In-Person](https://www.criminalcivillawyer.com/final-restraining-order-fro-appealed-arguing-due-process-was-violated-by-proceeding-over-zoom-instead-of-in-person/) - R.M.M. v. E.S.M. DOCKET NO. A-0441-21 Decided October 18, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed a Final Restraining Order (FRO) against Defendant despite his objections of proceeding of the virtual platform Zoom. In R.M.M. v. E.S.M., plaintiff received a Temporary Restraining
- [Appeal of Judgment of Conviction and Order Denying Motion to Be Readmitted into the Pretrial Intervention Program (“PTI”)](https://www.criminalcivillawyer.com/appeal-of-judgment-of-conviction-and-order-denying-motion-to-be-readmitted-into-the-pretrial-intervention-program-pti/) - State of New Jersey v. Jazmine Holloway Docket No. A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of her judgment of conviction and the order denying her motion to be readmitted into the Pretrial Intervention Program (“PTI”).
- [Standard of Review Administrative Law Decision](https://www.criminalcivillawyer.com/standard-of-review-administrative-law-decision/) - Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). A "strong presumption of reasonableness attaches" to the agency's decision. In re Carroll, 339 N.J. Super. 429, 437 (App. Div. 2001) (quoting In re Vey, 272 N.J. Super. 199, 205 (App. Div. 1993), aff'd, 135
- [In the Matter of the Suspension or Revocation of the License of Jitan](https://www.criminalcivillawyer.com/in-the-matter-of-the-suspension-or-revocation-of-the-license-of-jitan/) - Docket No. A-3517-20 Decided October 13, 2022 Submitted by Medical License Defense Attorney, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the final agency decision of the Board of Medical Examiners suspending his medical license for eight years after he plead guilty to a crime of moral
- [Reinstatement Into Pretrial Intervention (PTI) After Defendant Was Alleged to Have Failed to Abide by the Original Terms of PTI](https://www.criminalcivillawyer.com/reinstatement-into-pretrial-intervention-pti-after-defendant-was-alleged-to-have-failed-to-abide-by-the-original-terms-of-pti/) - State v. Jazmine Holloway Appellate Docket No.: A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of reinstatement into pretrial intervention (PTI) after defendant was alleged to have failed to abide by the original terms of PTI. In
- [Did the Trial Judge Err in Holding Plaintiff in Contempt Based on His “Abhorrent and Disruptive Behavior” During the Trial?](https://www.criminalcivillawyer.com/did-the-trial-judge-err-in-holding-plaintiff-in-contempt-based-on-his-abhorrent-and-disruptive-behavior-during-the-trial/) - B.R. v. R.R. Docket No. A-1673-20 Decided October 11, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of a final judgment of divorce (“FJD”), in which he argued that the trial judge erred in holding him in contempt based on his
- [Motion To Suppress Involving a Search of Defendant’s Person Resulting in the Recovery of Heroin Folds](https://www.criminalcivillawyer.com/motion-to-suppress-involving-a-search-of-defendants-person-resulting-in-the-recovery-of-heroin-folds/) - State v. Lamont Taylor Appellate Docket No.: A-0583-19 Decided October 11, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed two motions to suppress involving a search of defendant’s person resulting in the recovery of heroin folds. In State v. Taylor, On June
- [FRO Granted for the Plaintiff, As There Were Multiple Predicate Acts of Domestic Violence](https://www.criminalcivillawyer.com/fro-granted-for-the-plaintiff-as-there-were-multiple-predicate-acts-of-domestic-violence/) - K.M. v. V.W. Docket No. A-0105-21 Decided October 6, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff based on the predicate acts of harassment, assault, and
- [To Issue A FRO, Court Must First Find a Predicate Act of Domestic Violence Has Occurred, and a Restraining Order That Provides Protection in The Future](https://www.criminalcivillawyer.com/to-issue-a-fro-court-must-first-find-a-predicate-act-of-domestic-violence-has-occurred-and-a-restraining-order-that-provides-protection-in-the-future/) - E.D.L.R. v. R.R.V.-R. Docket No. A-0074-21 Decided October 6, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against him and in favor of the plaintiff based on the predicate act of harassment. The parties
- [Appellate Court Decided Defendant’s Appeal of a Final Restraining Order (“FRO”) Entered Against Her and In Favor of the Plaintiff Based on the Predicate Act of Assault](https://www.criminalcivillawyer.com/appellate-court-decided-defendants-appeal-of-a-final-restraining-order-fro-entered-against-her-and-in-favor-of-the-plaintiff-based-on-the-predicate-act-of-assault/) - B.E.S., III v. E.E. Docket No. A-0738-21 Decided October 6, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of a final restraining order (“FRO”) entered against her and in favor of the plaintiff based on the predicate act of assault. At
- [Court Reversed the Denial of a Paternity Test After Defendant Performed At-Home DNA Test Showing 0% Probability of Him Being the Father of a Nine-Year-Old Child](https://www.criminalcivillawyer.com/court-reversed-the-denial-of-a-paternity-test-after-defendant-performed-at-home-dna-test-showing-0-probability-of-him-being-the-father-of-a-nine-year-old-child/) - S.L.P. v. A.L.N. Docket No. A-0452-21 Decided October 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed the denial of a paternity test after defendant performed at-home DNA test showing 0% probability of him being the father of a nine year old child.
- [Plaintiff’s Appeal of An Order Dismissing Her Complaint Against Defendant Pursuant to The Prevention of Domestic Violence Act](https://www.criminalcivillawyer.com/plaintiffs-appeal-of-an-order-dismissing-her-complaint-against-defendant-pursuant-to-the-prevention-of-domestic-violence-act/) - J.C. v. D.C. Docket No. A-3708-20 Decided October 5, 2022 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of an order dismissing her complaint against defendant pursuant to the Prevention of Domestic Violence Act. Following an almost nine year marriage that
- [State’s Appeal of An Order Granting Defendant’s Motion to Suppress Physical Evidence Seized from His Person Without a Warrant](https://www.criminalcivillawyer.com/states-appeal-of-an-order-granting-defendants-motion-to-suppress-physical-evidence-seized-from-his-person-without-a-warrant/) - State of New Jersey v. Raheem Reed Docket No. A-2111-21 Decided October 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order granting defendant’s motion to suppress physical evidence seized from his person without a warrant. On September
- [Reasonableness Is the Relevant Standard to Use When Analyzing the Officer’s Initial Act That Led to the Warrantless Search](https://www.criminalcivillawyer.com/reasonableness-is-the-relevant-standard-to-use-when-analyzing-the-officers-initial-act-that-led-to-the-warrantless-search/) - State of New Jersey v. M.A., Jr. Docket No. A-0304-19 Decided October 4, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of the trial court’s orders denying his motion to suppress, and barring use of the defense of necessity
- [Denied: Defendant’s Appeal of An Order His Motion for Admission into The Pretrial Intervention (“PTI”) Program](https://www.criminalcivillawyer.com/denied-defendants-appeal-of-an-order-his-motion-for-admission-into-the-pretrial-intervention-pti-program/) - State of New Jersey v. Russell Olexa Docket No. A-0361-21 Decided October 3, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of an order denying his motion for admission into the Pretrial Intervention (“PTI”) program. On May 28, 2019, defendant,
- [Motion To Reopen Detention Based on New and Material Evidence That Was Previously Unknown at the Initial Hearing](https://www.criminalcivillawyer.com/motion-to-reopen-detention-based-on-new-and-material-evidence-that-was-previously-unknown-at-the-initial-hearing/) - State of New Jersey v. Frank Crusen Docket No. A-3234-21 Decided September 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order that granted defendant’s motion to reopen his detention hearing and denied the State’s detention motion. Defendant
- [ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW”](https://www.criminalcivillawyer.com/another-review-of-new-jerseys-red-flag-law-2/) - In the Matter of J.E. Appellate Docket No.: A-3694-20 Decided September 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent threatening to harm his dog and commit suicide. In
- [Judgment Of Conviction Entered After a Jury Convicted Him of Ten Counts Arising from His Sexual Assaults of His Two Step Granddaughters](https://www.criminalcivillawyer.com/judgment-of-conviction-entered-after-a-jury-convicted-him-of-ten-counts-arising-from-his-sexual-assaults-of-his-two-step-granddaughters/) - State of New Jersey v. O.A.C. Docket No. A-3031-19 Decided September 28, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a judgment of conviction entered after a jury convicted him of ten counts arising from his sexual assaults of
- [Defendant’s Appeal of The Trial Court’s Order Entering a Final Restraining Order (“FRO”) Against Him](https://www.criminalcivillawyer.com/defendants-appeal-of-the-trial-courts-order-entering-a-final-restraining-order-fro-against-him/) - V.R.J. v. K.R.J. Docket No. A-2377-20 Decided September 27, 2022 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s appeal of the trial court’s order entering a Final Restraining Order (“FRO”) against him. The facts of the case are as follows: the plaintiff
- [Denied: Motion to Terminate Megan’s Law Registration and Parole Supervision for Life (“PSL”)](https://www.criminalcivillawyer.com/denied-motion-to-terminate-megans-law-registration-and-parole-supervision-for-life-psl/) - In the Matter of Registrant F.R. Docket No. A-2083-21 Decided September 26, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey reviewed defendant’s appeal of the trial court’s order denying his motion to terminate Megan’s Law registration and parole supervision for life (“PSL”). In
- [Officer Did Not Have Reasonable Articulable Suspicions of a Tinted Windows Violation That Was Needed to Justify a Motor Vehicle Stop](https://www.criminalcivillawyer.com/officer-did-not-have-reasonable-articulable-suspicions-of-a-tinted-windows-violation-that-was-needed-to-justify-a-motor-vehicle-stop/) - State v. Edward Bejarno Docket No. A-2163-20 Decided September 23, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s motion to suppress evidence following a motor vehicle stop, after he appealed the trial court’s denial of his motion. The facts of the
- [Plaintiff’s Appeal of The Trial Court’s Order Granted Summary Judgment to Defendant Trucking Company](https://www.criminalcivillawyer.com/plaintiffs-appeal-of-the-trial-courts-order-granted-summary-judgment-to-defendant-trucking-company/) - Dante Rojas, etc. v. Estate of Victor Wright, et al. Docket No. A-3130-20 Decided September 23, 2022 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal of the trial court’s order granting summary judgment to defendant trucking company. This case arose out
- [Credible Evidence Which Supported the Final Restraining Order (FRO) Results in Awarding Counsel Fees to Plaintiff](https://www.criminalcivillawyer.com/credible-evidence-which-supported-the-final-restraining-order-fro-results-in-awarding-counsel-fees-to-plaintiff/) - K.A.M. v. R.P.S., Jr. Docket No. A-2482-20 Decided September 22, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the defendant appealed the FRO entered against him, and the Appellate Court of New Jersey affirmed the trial court’s ruling. The Appellate Court reasoned in their opinion that the trial court found
- [Appeal Of Final Restraining Order (FRO) Based on The Predicate Act of Harassment](https://www.criminalcivillawyer.com/appeal-of-final-restraining-order-fro-based-on-the-predicate-act-of-harassment/) - A.M.O v. J.W.O. Docket No. A-0250-21 Decided September 22, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s issuance FRO against the defendant. The defendant had appealed the FRO entered against him based on the predicate act of harassment. The parties
- [IP Address Data Is Not Analogous to Cell Site Location Information and Therefore Does Not Require a Warrant](https://www.criminalcivillawyer.com/ip-address-data-is-not-analogous-to-cell-site-location-information-and-therefore-does-not-require-a-warrant/) - State v. Kelvin Briggs Ind. No. 18-08-0647-I Decided July 15, 2019 Approved for Publication September 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an opinion recently approved for publication, Defendant filed a motion to suppress internet protocol (“I.P.”) address data, which the court ultimately denied after conducting oral argument and considering the written
- [Appellate Court Of New Jersey Affirmed the Trial Court’s Ruling That Denied the Defendant’s Motion to Reduce His Sentence](https://www.criminalcivillawyer.com/appellate-court-of-new-jersey-affirmed-the-trial-courts-ruling-that-denied-the-defendants-motion-to-reduce-his-sentence/) - State of New Jersey v. William Dunbar Docket No. A-1555-20 Decided September 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling that denied the defendant’s motion to reduce his sentence. In this case, the defendant went to
- [Plaintiff Failed to Explain the Untimeliness of His Demand for Trial De Novo](https://www.criminalcivillawyer.com/plaintiff-failed-to-explain-the-untimeliness-of-his-demand-for-trial-de-novo/) - Michael Torres v. T.U.C.S. Cleaning Serv. Docket No. A-0682-20 Decided September 19, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling and reasoned that the plaintiff had failed to explain the untimeliness of his demand for trial
- [Defendant Was Not Seized Prior To Detective Witnessing the Gun, As Defendant Was Still Manipulating the Gun in His Waistband](https://www.criminalcivillawyer.com/defendant-was-not-seized-prior-to-detective-witnessing-the-gun-as-defendant-was-still-manipulating-the-gun-in-his-waistband/) - State of New Jersey v. Anthony Ford Docket No. A-2262-19 Decided September 9, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling and also held that the Defendant was not seized prior to Detective Jimenez witnessing the
- [Affirmed: Final Judgment of Divorce Regarding Custody, Parenting Time, Alimony, And A No Contact Order from Plaintiff’s Brother](https://www.criminalcivillawyer.com/affirmed-final-judgment-of-divorce-regarding-custody-parenting-time-alimony-and-a-no-contact-order-from-plaintiffs-brother/) - IVAN BILBAO LA VIEJA v. ALEJANDRA BILBAO LA VIEJA, n/k/a ALEJANDRA MERILES Docket No. A-799-20 Decided September 6, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a final judgment of divorce regarding custody, parenting time, alimony, and a no contact order from plaintiff’s
- [Miranda Warnings Are Required Whenever There Is A "Custodial Interrogation"](https://www.criminalcivillawyer.com/miranda-warnings-are-required-whenever-there-is-a-custodial-interrogation/) - State of New Jersey v. Michael Olenowski Decided August 18, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey authored an extensive decision determining whether Drug Recognition Expert ("DRE") evidence satisfies the reliability standard of N.J.R.E. 702 to allow its admission into evidence. R. 702 states,
- [Court Denied the Partitioning of Real Property](https://www.criminalcivillawyer.com/court-denied-the-partitioning-of-real-property/) - Michelle Herman v. Anthony Lamanna, Sr. Docket No. A-0049-21 Decided September 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court's order denying the partitioning of real property and granting a money judgment to Plaintiff. In this matter, the parties began dating
- [State of New Jersey v. Marc Panchenko - The Impact of Waiving Miranda Rights](https://www.criminalcivillawyer.com/state-of-new-jersey-v-marc-panchenko-the-impact-of-waiving-miranda-rights/) - State of New Jersey v. Marc Panchenko Docket No. A-0133-19 Decided August 26, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed the trial court's grant of the State's motion to admit Defendant's statement to police. At the suppression hearing, the trial court heard
- [Plaintiff And Defendant Could Not Agree on The Valuation of The Marital Home, And the Court Appointed an Appraiser Discarding Both Plaintiff and Defendant’s Valuations.](https://www.criminalcivillawyer.com/plaintiff-and-defendant-could-not-agree-on-the-valuation-of-the-marital-home-and-the-court-appointed-an-appraiser-discarding-both-plaintiff-and-defendants-valuations/) - Knaust v. Knaust Docket No. A-0346-20 Decided August 30, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed an order denying a motion for reconsideration after plaintiff and defendant could not agree on the valuation of the marital home, and the court appointed an
- [Actor Gary Busey faces sex offense charges at Monster Mania Convention in New Jersey](https://www.criminalcivillawyer.com/actor-gary-busey-faces-sex-offense-charges-at-monster-mania-convention-in-new-jersey/) - Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark Actor Gary Busey is facing sex offense charges that allegedly occurred during the annual Monster Mania Convention held at the Doubletree Hotel in Cherry Hill, New Jersey last weekend, according to police. Cherry Hill Police responded to the hotel for the report of a sex offense. As
- [There Are Specific Evidentiary Rules as It Relates to Officer’s Testimony, Either at Trial or In Grand Jury Proceedings](https://www.criminalcivillawyer.com/there-are-specific-evidentiary-rules-as-it-relates-to-officers-testimony-either-at-trial-or-in-grand-jury-proceedings/) - State of New Jersey v. Terrell Tucker DOCKET NO. A-0937-21 Decided August 3, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed the judge’s decision denying defendant’s motion to dismiss the indictment following officer’s testimony of defendant’s state of mind in the
- [Understanding the Consequences of an FRO (Final Restraining Order)](https://www.criminalcivillawyer.com/understanding-the-consequences-of-an-fro-final-restraining-order/) - M.R-T v. J.R. DOCKET NO. A-3610-20 Decided August 8, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey the judge found that a restraining order was necessary to protect the plaintiff due to harassment after defendant emailed her despite plaintiff telling him not to and
- [Changes In Circumstance and The Decision to Reduce Financial Obligations for Alimony and Child Support](https://www.criminalcivillawyer.com/changes-in-circumstance-and-the-decision-to-reduce-financial-obligations-for-alimony-and-child-support/) - Lenore N. Zangrilli v. Jason D. Zangrilli DOCKET NO. A-0542-19 Decided July 29, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey found sufficient credible evidence supporting trial court’s decision to reduce defendant’s financial obligations to the plaintiff. The parties were married in 1994 and
- [The Tort Claims Act and The Requirements Necessary for Bringing Suit Against Public Employees and Public Entities](https://www.criminalcivillawyer.com/the-tort-claims-act-and-the-requirements-necessary-for-bringing-suit-against-public-employees-and-public-entities/) - Derrick Foster v. Troy Frye Docket No.: A-1512-20 Decided July 25, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint after plaintiff sued a police officer and the city of Newark for injuries sustained in a motor vehicle
- [There Are Specific Evidentiary Rules as It Relates to Sex Abuse Cases, Especially Those Involving Children](https://www.criminalcivillawyer.com/there-are-specific-evidentiary-rules-as-it-relates-to-sex-abuse-cases-especially-those-involving-children/) - State v. D.H.P.-D. Appellate Docket No.: A-0791-19 Decided July 22, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey upheld several evidentiary rulings after defendant was convicted of sexual abuse of his niece, including barring a prior statement a previous Division of Child Protection
- [Overturned: Suppression of Evidence Found in The Trunk of a Car After Officers Failed to Completely Search the Passenger Area of the Vehicle](https://www.criminalcivillawyer.com/overturned-suppression-of-evidence-found-in-the-trunk-of-a-car-after-officers-failed-to-completely-search-the-passenger-area-of-the-vehicle/) - State v. Joshua McMillian Appellate Docket No.: A-3899-19 Decided July 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey overturned a trial court’s suppression of evidence found in the trunk of a car after officers failed to completely search the passenger area of the
- [Personal Injury Complaint Dismissed Because the Plaintiff’s Expert Report May Have Been Sufficient to Overcome Summary Judgment](https://www.criminalcivillawyer.com/personal-injury-complaint-dismissed-because-the-plaintiffs-expert-report-may-have-been-sufficient-to-overcome-summary-judgment/) - Tennille Broome v. Shoprite of Millville Docket No.: A-210-20 Decided July 18, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report may have been sufficient to overcome summary judgment. In Broome v. Shoprite,
- [Dismissal Of a Temporary Restraining Order (TRO) And Denial of a Final Restraining Order (FRO) Reversed After a Judge Found Defendant Broke Plaintiff’s Finger in a Dispute](https://www.criminalcivillawyer.com/dismissal-of-a-temporary-restraining-order-tro-and-denial-of-a-final-restraining-order-fro-reversed-after-a-judge-found-defendant-broke-plaintiffs-finger-in-a-dispute/) - M.R. v. M.D. Docket No. A-95-21 Decided July 13, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey overturned and reversed a trial court’s dismiss of a Temporary Restraining Order (TRO) and denial of a Final Restraining Order (FRO) after a judge found defendant broke
- [A Significant Non-Temporary Change of Circumstances May Be Used to Modify an Agreement or Court Order for Custody, Child Support, or Alimony](https://www.criminalcivillawyer.com/a-significant-non-temporary-change-of-circumstances-may-be-used-to-modify-an-agreement-or-court-order-for-custody-child-support-or-alimony/) - Horvath v. Horvath Docket No. A-2225-20 Decided July 11, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed an order modifying rehabilitative alimony into limited duration alimony and failing to properly calculate child support with a social security disability derivative benefit. In Horvath, the
- [Plaintiff’s Complaint Was Almost Dismissed with Prejudice Because the Attorney Did Not Arrange for Plaintiff to Receive Adequate Treatment and Reporting](https://www.criminalcivillawyer.com/plaintiffs-complaint-was-almost-dismissed-with-prejudice-because-the-attorney-did-not-arrange-for-plaintiff-to-receive-adequate-treatment-and-reporting/) - Jinu Krishnankutty v. Elliot Kolb Docket No.: A-3510-20 Decided July 8, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report was sufficient to overcome summary judgment, albeit without clarity. In Krishnankutty v. Kolb,
- [Search And Seizure of a Handgun and Drugs Suppressed After Officers Lacked Reasonable Suspicion](https://www.criminalcivillawyer.com/search-and-seizure-of-a-handgun-and-drugs-suppressed-after-officers-lacked-reasonable-suspicion/) - State v. Nazier Goldsmith Appellate Docket No.: A-77-20 Decided July 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey suppressed a search and seizure of a handgun and drugs after officers lacked reasonable suspicion defendant was committing a crime after exiting the walkway adjacent to
- [Officers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant](https://www.criminalcivillawyer.com/officers-had-probable-cause-to-search-defendants-vehicle-due-to-a-canine-sniff-but-were-required-to-request-a-search-warrant/) - State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,
- [Unless Divorce and Custody Agreements Are Reduced to Writing and Signed by the Parties Normally the Agreement Is Not Going to Be Enforceable](https://www.criminalcivillawyer.com/unless-divorce-and-custody-agreements-are-reduced-to-writing-and-signed-by-the-parties-normally-the-agreement-is-not-going-to-be-enforceable/) - Goethals v. Goethals Docket No. A-3657-20 Decided June 29, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to enforce an agreement after mediation but never put into writing. In Goethals, after fifteen years of marriage, the
- [Supreme Court Of New Jersey Reviewed the Prohibition of Car Window Tint and Concluded That the Statute Was Unconstitutionally Vague](https://www.criminalcivillawyer.com/supreme-court-of-new-jersey-reviewed-the-prohibition-of-car-window-tint-and-concluded-that-the-statute-was-unconstitutionally-vague/) - State v. David L. Smith Appellate Docket No.: A-4-21 Decided June 28, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed the prohibition of “non-transparent material” on car windows, otherwise known as tint, and concluded that the statute was unconstitutionally vague, reversing a finding of
- [A Defendant Cannot Be Subject to Enhanced Sentencing Outside the Negotiated Plea Agreement Based on New Charges Alone](https://www.criminalcivillawyer.com/a-defendant-cannot-be-subject-to-enhanced-sentencing-outside-the-negotiated-plea-agreement-based-on-new-charges-alone/) - State v. Jaime Cambrelen Appellate Docket No.: A-1008-20 Decided June 24, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a defendant’s enhanced sentencing after the State withdrew from the original plea agreement and recommended sentencing after defendant incurred new charges while pending sentencing
- [Reversed: Imposition of An Additional Penalty of a Workers’ Compensation Settlement Due to Delay in Payment](https://www.criminalcivillawyer.com/reversed-imposition-of-an-additional-penalty-of-a-workers-compensation-settlement-due-to-delay-in-payment/) - Louis Ripp v. County of Hudson Docket No.: A-2972-20 Decided June 3, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division of New Jersey reversed the imposition of an additional penalty of a Workers’ Compensation settlement due to delay in payment. In Ripp, Louis Ripp worked for
- [Prior Bad Acts Were Not Found to Be Relevant to The Determination of Whether the Defendant Committed Sexual Assault](https://www.criminalcivillawyer.com/prior-bad-acts-were-not-found-to-be-relevant-to-the-determination-of-whether-the-defendant-committed-sexual-assault/) - State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did not sexually
- [Reversed: Conviction of Aggravated Manslaughter After Defendant Confessed to Killing His Wife](https://www.criminalcivillawyer.com/reversed-conviction-of-aggravated-manslaughter-after-defendant-confessed-to-killing-his-wife/) - State v. Abayuba Rivas Appellate Docket No.: A-15-21 Decided June 22, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a jury conviction of aggravated manslaughter after defendant confessed to killing his wife. In State v. Rivas, at 10:00 a.m. on February 24, 2014, Rivas
- [Driver accused of traveling 113 mph before fatal DWI crash indicted](https://www.criminalcivillawyer.com/driver-accused-of-traveling-113-mph-before-fatal-dwi-crash-indicted/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A grand jury has indicted a Salem County man on aggravated manslaughter and death by auto charges following a fatal crash in which he was allegedly traveling at more than 100 mph just seconds before the collision. Stephen M. Karwowski, 30, of Pittsgrove Township, was driving a pickup
- [New Jersey Reviewed a Tier II Classification Under Megan’s Law and Sex Offender Internet Registry Requirement](https://www.criminalcivillawyer.com/new-jersey-reviewed-a-tier-ii-classification-under-megans-law-and-sex-offender-internet-registry-requirement/) - In the Matter of Registrant B.B. Appellate Docket No.: A-1496-20 Decided June 16, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a tier II classification under Megan’s Law and whether B.B. was required to be included on the Sex Offender Internet Registry.
- [Dismissed: Motor Vehicle Accident Complaint Filed 8 Days After the Statute Of Limitations Expired](https://www.criminalcivillawyer.com/dismissed-motor-vehicle-accident-complaint-filed-8-days-after-the-statute-of-limitations-expired/) - Juan Barron v. Shelley Gersten Docket No.: A-0912-20 Decided June 13, 2022 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division upheld the dismissal of Plaintiff’s complaint for being filed 8 days after the Statute of Limitations expired, even during the height of COVID-19. In
- [Maria Pendonjis v. Fox & Roach Realtors](https://www.criminalcivillawyer.com/maria-pendonjis-v-fox-roach-realtors/) - Maria Pendonjis v. Fox & Roach Realtors; FJ 23 LLC; Homestarr Realty; Arra Woodson; ABC, INC.; DEF, INC., John and Jane Does I-V, fictious defendants FJ 23, LLC, Third-Party Plaintiff and Defendant v. Arra Woodson; Homestarr Realty, Third-Party Defendants Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Decided June 2, 2022 Defendant Fox & Roach
- [Conviction Reversed Because the Testifying Officer Improperly Promoted His Credentials Even Though He Was Not There for An Expert Opinion](https://www.criminalcivillawyer.com/conviction-reversed-because-the-testifying-officer-improperly-promoted-his-credentials-even-though-he-was-not-there-for-an-expert-opinion/) - State v. Imier Green Appellate Docket No.: A-2565-19 Decided June 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed defendant’s conviction because the testifying officer improperly promoted his credentials even though he was not there for an expert opinion, only a lay
- [If you successfully completed a diversionary program for a marijuana offense, you remain ineligible for PTI](https://www.criminalcivillawyer.com/if-you-successfully-completed-a-diversionary-program-for-a-marijuana-offense-you-remain-ineligible-for-pti/) - State of New Jersey v. Richard Gomes. State of New Jersey v. Moataz M. Sheira State of New Jersey v. Jason Chiriboga State of New Jersey v. Maju D. Barry Decided June 9, 2022. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In this case the defendants each had prior marijuana charges that were dismissed
- [Prosecutor’s Inexcusable Delay in Turning Over Discovery Leads to Judge’s Decision Reversal](https://www.criminalcivillawyer.com/prosecutors-inexcusable-delay-in-turning-over-discovery-leads-to-judges-decision-reversal/) - State v. Danron Morrisey State v. Marcus Morrisey State v. Louis Sloan Appellate Docket No.: A-2659-21 A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the
- [Reversed: The Imposition of an Additional Penalty of a Workers’ Compensation Settlement Due to Delay in Payment.](https://www.criminalcivillawyer.com/reversed-the-imposition-of-an-additional-penalty-of-a-workers-compensation-settlement-due-to-delay-in-payment/) - Louis Ripp v. County of Hudson Docket No.: A-2972-20 Decided June 3, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division of New Jersey reversed the imposition of an additional penalty of a Workers’ Compensation settlement due to delay in payment. In Ripp, Louis Ripp worked for
- [Final Restraining Order (FRO) Upheld for Preventing Plaintiff from Leaving Defendant’s Home](https://www.criminalcivillawyer.com/final-restraining-order-fro-upheld-for-preventing-plaintiff-from-leaving-defendants-home/) - K.M.J. v. J.M. Submitted by New Jersey Family Lawyer, Jeffrey Hark. Docket No. A-2263-20 Decided June 2, 2022 In a recent unpublished decision the Appellate Division of New Jersey upheld a trial court’s entry of a Final Restraining Order (FRO) for preventing plaintiff from leaving defendant’s home, following her and threatening her family, and violating the
- [Witness’s Charge and Subsequent Conviction of a Robbery Used as Evidence by the Defendant to Show That He Did Not Sexually Assault the Witness](https://www.criminalcivillawyer.com/witnesss-charge-and-subsequent-conviction-of-a-robbery-used-as-evidence-by-the-defendant-to-show-that-he-did-not-sexually-assault-the-witness/) - State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did
- [Denied: Request to Vacate a Final Restraining Order After a Hearing](https://www.criminalcivillawyer.com/denied-request-to-vacate-a-final-restraining-order-after-a-hearing/) - L.A.C. v. S.H. Decided May 23, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Today the Appellate Division affirmed a Trial Court decision denying a defendant’s request to vacate a Final Restraining Order after a hearing (FRO). The Defendant argued the evidence presented at trial did not support entry of final restraining order. S.H., defendant,
- [Motion to Modify Alimony, Finding the Movant Had Made a Prima Facie Showing of Cohabitation](https://www.criminalcivillawyer.com/motion-to-modify-alimony-finding-the-movant-had-made-a-prima-facie-showing-of-cohabitation/) - Meixner v. Meixner Docket No. A-0551-20 Decided May 12, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation and there was nothing more
- [In The Matter of The Appeal from The Denial of Edwin G. Alvarado’s Application for a Firearms Identification Card](https://www.criminalcivillawyer.com/in-the-matter-of-the-appeal-from-the-denial-of-edwin-g-alvarados-application-for-a-firearms-identification-card/) - Appellate Docket No.: A-3230-20 Decided May 17, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) after petitioner was found to be not credible, he resisted arrest, had a loaded shotgun
- [Trampoline Park Injury Appeals: Opposite Conclusions on Arbitration Enforceability](https://www.criminalcivillawyer.com/trampoline-park-injury-appeals-opposite-conclusions-on-arbitration-enforceability/) - Jacob Matullo v. Skyzone Trampoline Park Louie Perez v. Sky Zone LLC Docket No.: A-2813-20 A-1861-20 Decided May 16, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a pair of recent published decisions, the Appellate Division upheld an arbitration agreement for Sky Zone Trampoline Park in one case and found the same
- [Motion To Terminate W.W.’S Parole Supervision for Life (PSL) Under Megan’s Law](https://www.criminalcivillawyer.com/motion-to-terminate-w-w-s-parole-supervision-for-life-psl-under-megans-law/) - In the Matter of W.W. Appellate Docket No.: A-1718-20 Decided May 4, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of a motion to terminate W.W.’s Parole Supervision for Life (PSL) under Megan’s Law, prohibiting from accessing the internet or
- [IN THE MATTER OF THE APPEAL FROM THE DENIAL OF A FIREARMS IDENTIFICATION CARD AND HANDGUN PERMIT TO PETER GOLDRING.](https://www.criminalcivillawyer.com/in-the-matter-of-the-appeal-from-the-denial-of-a-firearms-identification-card-and-handgun-permit-to-peter-goldring/) - Appellate Docket No.: A-2464-20 Decided May 5, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of petitioner’s Firearms Purchaser Identification Card (FID) and Permit to Purchase a Handgun after petitioner plead guilty to a New York misdemeanor that was
- [Statements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed](https://www.criminalcivillawyer.com/statements-made-without-properly-being-read-your-miranda-rights-could-be-suppressed/) - State v. O.D.A.-C. Appellate Docket No.: A-78-20 Decided May 2, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reversed a denial of a motion to suppress after detectives continuously undermined the significance of the Miranda warning after properly administering Miranda. In O.D.A.-C., detectives
- [Review Of Mistrial and Partial Dismiss of an Indictment Involving a Deadly Head-On Collision](https://www.criminalcivillawyer.com/review-of-mistrial-and-partial-dismiss-of-an-indictment-involving-a-deadly-head-on-collision/) - State v. Stephen Zadroga Appellate Docket No.: A-4432-19 Decided April 26, 2022 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed a judge’s order for mistrial and partial dismiss of an indictment involving a deadly head on collision after defendant’s blood sample was mixed up with
- [Reversed: Entry of a Final Restraining Order (FRO); Court Failed to Inform the Consequences of an FRO And Right to an Attorney](https://www.criminalcivillawyer.com/reversed-entry-of-a-final-restraining-order-fro-court-failed-to-inform-the-consequences-of-an-fro-and-right-to-an-attorney/) - A.A.R. v. J.R.C. Docket No. A-2804-20 Decided April 25, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed any entry of a Final Restraining Order (FRO) because the trial court failed to instruct the defendant as to the consequences of an FRO and his
- [Reversed: Denial of Defendant’s Motion to Sever Sexual Abuse Allegation Trial](https://www.criminalcivillawyer.com/reversed-denial-of-defendants-motion-to-sever-sexual-abuse-allegation-trial/) - State v. Karl Smith Appellate Docket No.: A-5557-17 Decided April 19, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of defendant’s motion to sever trials, pertaining to sexual abuse allegations against his daughter and defendant’s girlfriend’s daughter on separate occasions. In State v.
- [Reversed: Denial of The State’s Motion to Compel Disclosure of Defendant’s iPhone Passcode](https://www.criminalcivillawyer.com/reversed-denial-of-the-states-motion-to-compel-disclosure-of-defendants-iphone-passcode/) - State of New Jersey v. C.J.L. Appellate Docket No.: A-1052-21 Decided April 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of the State’s motion to compel disclosure of defendant’s iPhone passcode based on the misapplication of the foregone conclusion. In C.J.L.,
- [Motor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change](https://www.criminalcivillawyer.com/motor-vehicle-search-and-seizure-of-significant-amounts-of-marijuana-after-defendant-initiated-his-turn-signal-during-a-lane-change/) - State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather
- [Prior Uncounseled Convictions for Driving While Intoxicated (DWI) Cannot Be Used to Enhance a Sentencing Scheme for Subsequent DWI Convictions](https://www.criminalcivillawyer.com/prior-uncounseled-convictions-for-driving-while-intoxicated-dwi-cannot-be-used-to-enhance-a-sentencing-scheme-for-subsequent-dwi-convictions/) - State v. Michael Konecny Appellate Docket No.: A-21-20 Decided April 5, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey held that a prior uncounseled conviction for driving while intoxicated (DWI) cannot be used to enhance a sentencing scheme for subsequent DWI convictions. In Konecny, after
- [Information On Social Media, Even Contained In “Private” Messenger Applications, Is Not Private Information](https://www.criminalcivillawyer.com/information-on-social-media-even-contained-in-private-messenger-applications-is-not-private-information/) - Facebook v. State of New Jersey Appellate Docket No.: A-3350-20 A-119-21 Decided April 4, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether communication data warrants (CDW) can require the disclosure of prospective communications, or whether prospective communications require a wiretap order. In Facebook
- [Final Restraining Order (FRO) Affirmed Against Defendant After the Court Found Defendant Threatened to Burn Down Plaintiff’s House](https://www.criminalcivillawyer.com/final-restraining-order-fro-affirmed-against-defendant-after-the-court-found-defendant-threatened-to-burn-down-plaintiffs-house/) - Z.A.S.C. v. A.C.C. Docket No. 0810-20 Decided March 30, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after the Court found defendant threatened to burn down plaintiff’s house. In Z.A.S.C., the
- [New Jersey Division of Workers' Compensation Reopening All Court Facilities](https://www.criminalcivillawyer.com/new-jersey-division-of-workers-compensation-reopening-all-court-facillities/) - Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/NoticetoBar_WCReopeningCourthouses_0214223.pdf" title="NoticetoBar_WCReopeningCourthouses_021422(3)"]
- [YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION III](https://www.criminalcivillawyer.com/your-cell-phone-passcode-is-not-protected-by-5th-amendment-self-incrimination-iii/) - State of New Jersey v. S.M.C. and Y.A.K. Appellate Docket No.: A-3765-20 Decided September 11, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the 5th Amendment right
- [Driver was going 113 mph just before fatal DWI crash, prosecutor says](https://www.criminalcivillawyer.com/driver-was-going-113-mph-just-before-fatal-dwi-crash-prosecutor-says/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A man charged in a fatal drunken driving accident in Salem County was traveling at 113 mph moments before the crash, a prosecutor said in court Wednesday. Stephen M. Karwowski, 30, of Pittsgrove Township, is charged with first-degree aggravated manslaughter, second-degree vehicular homicide and fourth-degree assault by auto
- [Final Restraining Order (FRO) Affirmed Against Defendant After Running Over Plaintiff’s Foot During a Parenting Exchange](https://www.criminalcivillawyer.com/final-restraining-order-fro-affirmed-against-defendant-after-running-over-plaintiffs-foot-during-a-parenting-exchange/) - O.T. v. M.T., Jr. Docket No. 2257-20 Decided March 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after running over plaintiff’s foot during a parenting exchange. In O.T., The parties
- [Investigation of a Robbery Under the Inevitable Discovery Rule That Led to An Officer Finding a Wad of Cash in a Vehicle](https://www.criminalcivillawyer.com/investigation-of-a-robbery-under-the-inevitable-discovery-rule-that-led-to-an-officer-finding-a-wad-of-cash-in-a-vehicle/) - State v. Angel Nunez-Hernandez Appellate Docket No.: A-539-19 Decided March 24, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld an investigation of a robbery under the inevitable discovery rule that led to an officer finding a wad of cash in a
- [Review Of a Tier II Classification Under Megan’s Law and Whether Individual Was Required to Be Included on the Sex Offender Internet Registry.](https://www.criminalcivillawyer.com/review-of-a-tier-ii-classification-under-megans-law-and-whether-individual-was-required-to-be-included-on-the-sex-offender-internet-registry/) - In the Matter of Registrant B.B. Appellate Docket No.: A-1496-20 Decided March 22, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a tier II classification under Megan’s Law and whether B.B. was required to be included on the Sex Offender Internet Registry.
- [Denial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI](https://www.criminalcivillawyer.com/denial-of-reinstatement-into-pretrial-intervention-pti-after-defendant-failed-to-abide-by-the-original-terms-of-pti/) - State v. Shakera Lowman Appellate Docket No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the original terms of PTI. In State v.
- [Terroristic Threats and Aggravated Assault Charges Reversed After the Court Found It Was a Plain Error to Admit Evidence Regarding the Temporary Restraining Order (TRO) That Related to This Incident.](https://www.criminalcivillawyer.com/terroristic-threats-and-aggravated-assault-charges-reversed-after-the-court-found-it-was-a-plain-error-to-admit-evidence-regarding-the-temporary-restraining-order-tro-that-related-to-this-incident/) - State v. Chinaza Okeke Appellate Docket No.: A-1887-19 Decided March 18, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a trial conviction for terroristic threats and aggravated assault after the Court found it was a plain error to admit evidence regarding
- [Understand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant](https://www.criminalcivillawyer.com/understand-what-a-defendant-must-demonstrate-to-suppress-evidence-recovered-by-a-search-warrant/) - State v. Graham Appellate Docket No.: A-674-19 Decided March 15, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress and a Franks hearing after the trial court found defendant’s claim of mistruths of a CDS
- [A Private Actor’s Role in A Criminal Search Could Be Unlawful](https://www.criminalcivillawyer.com/a-private-actors-role-in-a-criminal-search-could-be-unlawful/) - State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some
- [Your connected car knows you. The tussle for that data's hitting high gear](https://www.criminalcivillawyer.com/your-connected-car-knows-you-the-tussle-for-that-datas-hitting-high-gear/) - Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark LONDON, March 14 (Reuters) - Where you go. What you pass. Where you stop. What you listen to. What you watch. Your good habits. Your bad habits. Companies in Europe and beyond are vying for control of the crown jewels of the connected car era: your
- [DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY](https://www.criminalcivillawyer.com/dissolving-a-final-restraining-order-in-new-jersey/) - C.A. v. J.E.A. Docket No. A-4512-19 Decided March 10, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to complete his counseling and continued to purchase alcohol despite attending
- [Is Searching Files on Someone’s Computer Considered a Warrantless Search?](https://www.criminalcivillawyer.com/is-searching-files-on-someones-computer-considered-a-warrantless-search/) - State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some
- [PALIMONY AGREEMENTS NO LONGER REQUIRE PRIVATE ATTORNEY INVOLVEMENT FOR ENFORCEMENT](https://www.criminalcivillawyer.com/palimony-agreements-no-longer-require-private-attorney-involvement-for-enforcement/) - Kathleen Moynihan v. Edward Lynch Docket No. A-64-20 Decided March 8, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent decision the Supreme Court of New Jersey struck down a provision requiring private attorney review/involvement in palimony agreements as unconstitutional. Palimony agreements are usually between non-married couples for financial support in exchange for
- [To Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence](https://www.criminalcivillawyer.com/to-convert-a-temporary-restraining-order-into-a-final-restraining-order-one-must-prove-a-predicate-act-of-domestic-violence/) - A.L. v. M.C.L. Docket No. A-1733-20 Decided March 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault during the break down of a marriage. In A.L., the parties were
- [Affirmed: Several Post Judgment Orders From 38 Post Judgment Motions Filed by Plaintiff, Often Requesting the Same Relief](https://www.criminalcivillawyer.com/affirmed-several-post-judgment-orders-from-38-post-judgment-motions-filed-by-plaintiff-often-requesting-the-same-relief/) - S.M. v. J.T. Docket No. A-5359-18 A-4428-19 Decided March 3, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed several post judgment orders resulting from 38 post judgment motions filed by plaintiff, often requesting the same relief. In S.M., The parties, who divorced in 2014, have an
- [ANOTHER REVIEW OF NEW JERSEY’S “RED FLAG LAW”](https://www.criminalcivillawyer.com/another-review-of-new-jerseys-red-flag-law/) - In the Matter of B.T.L. Appellate Docket No.: A-4327-19 Decided March 2, 2022 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a granting of a Final Extreme Risk Protective Order (FERPO) in light of respondent being involved in a prior domestic violence incident
- [Upheld: Warrantless Swab of Defendant’s Hands Two Hours After Finding His Stepfather in a Pool of Blood](https://www.criminalcivillawyer.com/upheld-warrantless-swab-of-defendants-hands-two-hours-after-finding-his-stepfather-in-a-pool-of-blood/) - State v. Torres Appellate Docket No.: A-1005-18 Decided March 1, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey upheld a warrantless swab of defendant’s hands two hours after finding his step father in a pool of blood. In State v. Torres, On
- [In Order to Convert a Temporary Restraining Order into a Final Restraining Order, One Must Prove a Predicate Act of Domestic Violence](https://www.criminalcivillawyer.com/in-order-to-convert-a-temporary-restraining-order-into-a-final-restraining-order-one-must-prove-a-predicate-act-of-domestic-violence/) - H.S. v. R.S. Docket No. A-0368-20 Decided February 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey upheld the imposition of a Final Restraining Order (FRO) against defendant for an alleged assault, but reversed and remanded for plaintiff’s request for counsel fees. In H.S.,
- [There May Be Ways to Escape the Mandatory Minimums by Seeking a Graves Act Waiver, But Only Certain Individuals Are Eligible](https://www.criminalcivillawyer.com/there-may-be-ways-to-escape-the-mandatory-minimums-by-seeking-a-graves-act-waiver-but-only-certain-individuals-are-eligible/) - State v. Lamborn Appellate Docket No.: A-740-19 Decided February 25, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed the probationary sentence imposed on defendant Kevin M. Lamborn on the State's motion for a Graves Act, N.J.S.A. 2C:43-6(c), waiver, following defendant's guilty
- [Liability When a Non-Parent Signs a Release Waiver on a Child’s Behalf and There Is an Injury](https://www.criminalcivillawyer.com/liability-when-a-non-parent-signs-a-release-waiver-on-a-childs-behalf-and-there-is-an-injury/) - Olivia Checchio v. Sky Zone Docket No.: A-3461-20 Decided February 15, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause after a non parent signed on a child’s behalf. In Checchio v. Sky Zone, in August 2018, fourteen-year-old Olivia Checchio
- [Final Restraining Order (FRO) Against the Defendant Vacated Because There Were No Facts in The Record to Support Plaintiff’s Need for an FRO](https://www.criminalcivillawyer.com/final-restraining-order-fro-against-the-defendant-vacated-because-there-were-no-facts-in-the-record-to-support-plaintiffs-need-for-an-fro/) - E.A.M. v. M.S.M. Docket No. A-1527-20 Decided February 15, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed and vacated a Final Restraining Order (FRO) against the defendant because there were no facts in the record to support plaintiff’s need for an FRO. In
- [After Defendant’s Alleged Assault of Her Elderly Mother “Neglect of An Elderly Person” Charge Overturned](https://www.criminalcivillawyer.com/after-defendants-alleged-assault-of-her-elderly-mother-neglect-of-an-elderly-person-charge-overturned/) - State v. M.K.P. Appellate Docket No.: A-2555-19 Decided and published February 14, 2022 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recently published opinion, the Appellate Division of New Jersey overturned a conviction of neglect of an elderly person pursuant to N.J.S.A. 2C:24-8(a) after defendant’s alleged assault of her elderly mother. In State v.
- [Notice to Bar - All Workers' Compensation Court Facilities to Open](https://www.criminalcivillawyer.com/notice-to-bar-all-workers-compensation-court-facilities-to-open/) - Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/NoticetoBar_WCReopeningCourthouses_021422.pdf"]
- [Post-Conviction Relief (PCR) Petition, Claimed Ineffective Counsel on The Issue of Jail Credits](https://www.criminalcivillawyer.com/post-conviction-relief-pcr-petition-claimed-ineffective-counsel-on-the-issue-of-jail-credits/) - State v. Huggins Appellate Docket No.: A-4414-19 Decided February 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a pro se post conviction relief (PCR) petition, claiming ineffective counsel on the issue of jail credits. In State v. Huggins, On April
- [Final Restraining Order (FRO) Implemented After Evidence Was Presented Plaintiff Found Several Trackers on His Car and His Parents’ Cars](https://www.criminalcivillawyer.com/final-restraining-order-fro-implemented-after-evidence-was-presented-plaintiff-found-several-trackers-on-his-car-and-his-parents-cars/) - V.P. v. K.C.B. Docket No. A-2515-19 Decided February 9, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) after evidence was presented plaintiff found several trackers on his car and his parents’ cars, as
- [IN THE MATTER OF FIREARMS, REVOCATION OF FIREARMS ID CARD, AND FORFEITURE OF RIGHT TO OWN FIREARMS BY GREEN BROOK TOWNSHIP AGAINST T.F.](https://www.criminalcivillawyer.com/in-the-matter-of-firearms-revocation-of-firearms-id-card-and-forfeiture-of-right-to-own-firearms-by-green-brook-township-against-t-f/) - Appellate Docket No.: A-1334-20 Decided February 4, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed the forfeiture of T.F.’s firearms even though the Temporary Restraining Order (TRO) causing T.F.’s firearms to be seized was dismissed. In the Matter of T.F., In June 2006,
- [When A Child Is Injured, All Timelines Are Tolled Until They Reach the Age of Majority](https://www.criminalcivillawyer.com/when-a-child-is-injured-all-timelines-are-tolled-until-they-reach-the-age-of-majority/) - Estate of Micah Samuel v. Pleasantville Board of Education Docket No.: A-4314-19 A-4451-19 Decided January 20, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey allowed for a parent’s Tort Claims Notice for a Portee claim to be tolled along with the minor’s Tort
- [Is a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?](https://www.criminalcivillawyer.com/is-a-warrantless-search-of-a-home-justified-after-the-occupant-was-detained-outside-the-home/) - State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained
- [Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child](https://www.criminalcivillawyer.com/requests-to-remove-children-out-of-state-to-reside-with-a-parent-are-reviewed-by-the-best-interests-of-the-child/) - T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that
- [Denial To Modify Alimony When There Is a Prima Facie Showing of Cohabitation](https://www.criminalcivillawyer.com/denial-to-modify-alimony-when-there-is-a-prima-facie-showing-of-cohabitation/) - Manley v. Manley Docket No. A-0408-20 Decided January 14, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation and there was nothing more
- [Personal Injury Law: In A Case of Preexisting Injury, A Plaintiff Is Required to Prove Exacerbation](https://www.criminalcivillawyer.com/personal-injury-law-in-a-case-of-preexisting-injury-a-plaintiff-is-required-to-prove-exacerbation/) - In Sim Hwang v. Saune Gordon Docket No.: A-3434-19 Decided January 14, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reversed a dismissal of plaintiff’s complaint on summary judgment for an alleged failure to plead exacerbation and then provide evidence of the exacerbation. In Hwang., Plaintiff
- [IN THE MATTER OF RICHARD HUFTEN'S APPLICATION FOR A PERMIT TO CARRY A HANDGUN & IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS](https://www.criminalcivillawyer.com/in-the-matter-of-richard-huftens-application-for-a-permit-to-carry-a-handgun-in-the-matter-of-the-revocation-of-richard-huftens-firearms-purchaser-identification-card-and-compelling-the-sale-of/) - Appellate Docket No.: A-0473-20 Decided January 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed an oral order to forfeit plaintiff’s handgun permit to carry and ordering the surrender of all firearms in his possession as well as the forced sale
- [Observation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction](https://www.criminalcivillawyer.com/observation-of-a-hand-to-hand-transaction-alone-is-insufficient-to-have-a-reasonable-and-articulable-suspicion-of-a-cds-transaction/) - State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted
- [An Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause](https://www.criminalcivillawyer.com/an-investigatory-stop-followed-by-an-arrest-requires-reasonable-and-articulable-suspicion-as-well-as-probable-cause/) - State v. Ruiz-Montano Appellate Docket No.: A-1070-19 Decided January 7, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress without an evidentiary hearing after detectives detained defendant, brought him back to the police station, and
- [Defendants Are Entitled to Cross Examine Witnesses in Criminal Complaints and Charges Against Them](https://www.criminalcivillawyer.com/defendants-are-entitled-to-cross-examine-witnesses-in-criminal-complaints-and-charges-against-them/) - State v. Carrion State v. Hedgespeth Appellate Docket No.: A-14-20 and A-22-20 Decided December 27, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In recent opinions of the Supreme Court of New Jersey, the Court addressed whether an affidavit can be relied upon at trial which provided that the defendants did not appear
- [Alimony Can Be Terminated Through Several Means](https://www.criminalcivillawyer.com/alimony-can-be-terminated-through-several-means/) - Kowal v. Hartman Docket No. A-4923-18 Decided December 21, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s termination of plaintiff’s alimony obligation based on the terms of the parties’ Property Settlement Agreement (PSA) and plaintiff’s disability. In Kowal, The parties were divorced in
- [Plaintiff Pursued UIM (Underinsured Motorist) Coverage for Emotional Distress After Exiting His Vehicle and Seeing His Child Be Struck by a Car](https://www.criminalcivillawyer.com/plaintiff-pursued-uim-underinsured-motorist-coverage-for-emotional-distress-after-exiting-his-vehicle-and-seeing-his-child-be-struck-by-a-car/) - G.G. v. B.G. Docket No.: A-4184-19 Decided December 14, 2021 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of summary judgment to the insurance company after plaintiff pursued UIM (Underinsured Motorist) coverage for emotional distress after exiting his vehicle and seeing his child
- [Defendant Appealed the Denial of His Motion for Attorney Fees and Sanctions in Action Arising from An Automobile Accident](https://www.criminalcivillawyer.com/defendant-appealed-the-denial-of-his-motion-for-attorney-fees-and-sanctions-in-action-arising-from-an-automobile-accident/) - Liberty Mutual v. David Doivilus Docket No.: A-4635-19 Decided December 7, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of sanctions sought by defendant after plaintiff unsuccessfully sought presuit preservation of discovery following a crash. In Doivilus, on the morning of
- [Converting a Temporary Restraining Order into a Final Restraining Order, Requires Proof of a Predicate Act of Domestic Violence](https://www.criminalcivillawyer.com/converting-a-temporary-restraining-order-into-a-final-restraining-order-requires-proof-of-a-predicate-act-of-domestic-violence/) - C.R.D. v. C.S. Docket No. A-0826-20 Decided December 7, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s lack of legal analysis as to whether the restraining order was necessary
- [Officers Conducted a Motor Vehicle Stop and Found a Firearm Upon Searching for the Driver’s Credentials After a Refusal](https://www.criminalcivillawyer.com/officers-conducted-a-motor-vehicle-stop-and-found-a-firearm-upon-searching-for-the-drivers-credentials-after-a-refusal/) - State v. Reid Appellate Docket No.: A-4238-19 Decided December 8, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers conducted a motor vehicle stop and found a firearm upon searching for the driver’s
- [Trampoline Park Releases Are Typically Legitimate, Unless They Are Deemed Unclear (Ambiguous) Or Completely Unfair (Unconscionable)](https://www.criminalcivillawyer.com/trampoline-park-releases-are-typically-legitimate-unless-they-are-deemed-unclear-ambiguous-or-completely-unfair-unconscionable/) - David Johnson v. Sky Zone Indoor Trampoline Park Docket No.: A-2489-20 Decided December 6, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause contained in an electronic document signed as a condition of entering a trampoline park. In Johnson v.
- [Not Adjusting Income Calculation to Take into Account Commuting Expenses and Alimnoy](https://www.criminalcivillawyer.com/not-adjusting-income-calculation-to-take-into-account-commuting-expenses-and-alimnoy/) - Smith v. Smith Docket No. A-4226-18 Decided November 29, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed a trial court’s second amended final judgment of divorce on the issue of alimony for not adjusting income calculation to take into account commuting expenses. In Smith, the parties
- [Second Amended Final Judgment of Divorce Reversed on The Issue of Child Support](https://www.criminalcivillawyer.com/second-amended-final-judgment-of-divorce-reversed-on-the-issue-of-child-support/) - Smith v. Smith Docket No. A-4226-18 Decided November 29, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s second amended final judgment of divorce on the issue of child support after the court failed to explain its reasoning for removing an adjustment for equally
- [Jury Reviewed Defendant’s Recorded Invocation of His Right to An Attorney During Trial After Making Contradictory Statements](https://www.criminalcivillawyer.com/jury-reviewed-defendants-recorded-invocation-of-his-right-to-an-attorney-during-trial-after-making-contradictory-statements/) - State v. Blandino Appellate Docket No.: A-5901-17 Decided November 24, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed the playing of defendant’s recorded invocation of his right to an attorney during trial after making contradictory statements as to his whereabouts during the
- [Two Lindenwold Juveniles Charged With Possession of a Firearm](https://www.criminalcivillawyer.com/two-lindenwold-juveniles-charged-with-possession-of-a-firearm/) - Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Lindenwold, N.J. – Acting Camden County Prosecutor Jill S. Mayer and Lindenwold Police Chief Michael McCarthy, Jr., announce that two Camden County youth (both 17 years of age) have been charged with firearms offenses as a result of an investigation conducted by the Lindenwold Police Department
- [Infrastructure bill includes requiring new technology to stop drunken driving](https://www.criminalcivillawyer.com/infrastructure-bill-includes-requiring-new-technology-to-stop-drunken-driving/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. WASHINGTON - Congress has created a new requirement for automakers: Find a high-tech way to keep drunken people from driving cars. It’s one of the mandates along with a burst of new spending aimed at improving auto safety amid escalating road fatalities in the $1 trillion infrastructure package
- [N.J. drivers won’t have to fumble through the glove box for their registration under new law](https://www.criminalcivillawyer.com/n-j-drivers-wont-have-to-fumble-through-the-glove-box-for-their-registration-under-new-law/) - Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark Admit it. Most drivers have experienced that moment when they have to show a registration and it seems to be buried under every other paper in their glove box, console or wallet. Soon, Jersey drivers will have to hunt no more. Under bipartisan legislation signed in
- [Whether The Disclosure of Tax Returns and Tax Filings Are Permitted](https://www.criminalcivillawyer.com/whether-the-disclosure-of-tax-returns-and-tax-filings-are-permitted/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2639-20 CHARLES J. PARKINSON, Plaintiff-Respondent, v. DIAMOND CHEMICAL COMPANY, INC., Defendant-Appellant, and HAROLD DIAMOND, individually, Defendant. _______________________ Submitted by New Jersey Civil Lawyer, Jeffrey Hark Argued October 12, 2021 – Decided October 27, 2021 This matter was on appeal from an interlocutory order of the Superior
- [Liability of a Slip and Fall, the Business or Landowner Must Have Had Some Kind of Notice That a Dangerous Condition Existed](https://www.criminalcivillawyer.com/liability-of-a-slip-and-fall-the-business-or-landowner-must-have-had-some-kind-of-notice-that-a-dangerous-condition-existed/) - Lillianthal v. Dunkin Donuts Docket No.: A-3613-19 Decided November 3, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether Dunkin Donuts was liable to plaintiff after she allegedly slipped and fell after stepping a green substance on the floor and then a napkin, casing injury.
- [The Focus of Title 9 Is Not The "Culpability of Parental Conduct" But Rather "The Protection of Children.”](https://www.criminalcivillawyer.com/the-focus-of-title-9-is-not-the-culpability-of-parental-conduct-but-rather-the-protection-of-children/) - NJ DCPP v. C.F. and M.L. Docket No. A-1550-19 Decided November 1, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a finding of abuse and neglect after defendant left the child in a seat and fled the apartment after the other party went after him
- [Officers Are Not Allowed to Ask for Passenger Identification Unless They Believe the Passenger Is Also Committing a Crime.](https://www.criminalcivillawyer.com/officers-are-not-allowed-to-ask-for-passenger-identification-unless-they-believe-the-passenger-is-also-committing-a-crime/) - State v. Boston Appellate Docket No.: A-4752-17 Decided September 16, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a conviction for an improper request for identification of a passenger in a vehicle, leading to the finding of warrants and cocaine on
- [If You or Someone You Know Seeks to Terminate Their Megan’s Law Obligations or Community Supervision for Life](https://www.criminalcivillawyer.com/if-you-or-someone-you-know-seeks-to-terminate-their-megans-law-obligations-or-community-supervision-for-life/) - In the Matter of Registrant S.G. Appellate Docket No.: A-2560-19 Decided October 28, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a denial of a motion to terminate obligations under Megan’s Law. In S.G., In 1997, a fifteen-year-old girl reported that, over
- [Motions To Reconsider Child Support, Custody and Parenting Time, Distribution of Assets, and Various Other Calculations from The Judgement of Divorce Were Granted in Part and Denied in Part](https://www.criminalcivillawyer.com/motions-to-reconsider-child-support-custody-and-parenting-time-distribution-of-assets-and-various-other-calculations-from-the-judgement-of-divorce-were-granted-in-part-and-denied-in-part/) - J.A.M. v. S.J.G. Docket No. A-0262-20 Decided October 25, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed a post dissolution order which granted in part and denied in part motions to reconsider child support, custody and parenting time, distribution of assets, and various other calculations from
- [Can a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?](https://www.criminalcivillawyer.com/can-a-witnesss-exclamatory-outbursts-during-trial-testimony-warrant-a-mistrial/) - State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan
- [To Effectuate a Traffic Stop, Or Investigation and Questioning Officers Only Need a Reasonable Suspicion That a Crime Is Being Committed](https://www.criminalcivillawyer.com/to-effectuate-a-traffic-stop-or-investigation-and-questioning-officers-only-need-a-reasonable-suspicion-that-a-crime-is-being-committed/) - State v. Days-Jackson Appellate Docket No.: A-2002-19 Decided October 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause existed for a search of the trunk revealing marijuana and firearms. In State v. Days-Jackson, while on duty one night,
- [Confidential Information (CI) Tip of The Wrong Car Led to An Arrest and Finding of Heroin](https://www.criminalcivillawyer.com/confidential-information-ci-tip-of-the-wrong-car-led-to-an-arrest-and-finding-of-heroin/) - State v. Gray Appellate Docket No.: A-4589-18 Decided October 14, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause for an arrest existed for a Confidential Information (CI) tip of the wrong car led to an arrest and finding of heroin because of a call made to an
- [To Convert a Temporary Restraining Order into a Final Restraining Order, They Must Prove a Predicate Act of Domestic Violence](https://www.criminalcivillawyer.com/to-convert-a-temporary-restraining-order-into-a-final-restraining-order-they-must-prove-a-predicate-act-of-domestic-violence/) - I.M.R. v. A.R.S. Docket No. A-0216-19 Decided October 13, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s improper findings of criminal mischief, failure to make legal assessments as to
- [Understand the Differences Between a Survival Action and Wrongful Death Action](https://www.criminalcivillawyer.com/understand-the-differences-between-a-survival-action-and-wrongful-death-action/) - CHANDLER V. KASPER Docket No.: A-2143-20 Decided October 7, 2021 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey reviewed the difference between a wrongful death action and a survival action in light of a statute of limitations issue. In Chandler, the decedent, Joseph
- [Conviction of Sexual Abuse of a Minor Reversed After a Treating Doctor’s Testimony Was Improperly Admitted During Trial](https://www.criminalcivillawyer.com/conviction-of-sexual-abuse-of-a-minor-reversed-after-a-treating-doctors-testimony-was-improperly-admitted-during-trial/) - State v. G.W. Appellate Docket No.: A-2310-18 Decided October 7, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a jury conviction of sexual abuse of a minor after a treating doctor’s testimony was improperly admitted during trial. In State v. G.W., tried
- [Does Using a University’s Internet Network Give the University the Right to Monitor Someone’s Computer and Retain Child Pornographic Images Linked to that Computer?](https://www.criminalcivillawyer.com/does-using-a-universitys-internet-network-give-the-university-the-right-to-monitor-someones-computer-and-retain-child-pornographic-images-linked-to-that-computer/) - State of New Jersey v. Jade Stephen Eplin Docket No. A-6044-17 Decided October 1, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished decision from the Appellate Division of New Jersey affirmed the conviction of a man convicted of third-degree possession or viewing child pornography, arising from child pornographic images discovered
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- [Dismissal Of an Indictment Reversed Even Though the Defendant Had Been Deported](https://www.criminalcivillawyer.com/dismissal-of-an-indictment-reversed-even-though-the-defendant-had-been-deported/) - State v. C.A.T-P Appellate Docket No.: A-1543-20 Decided August 30, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a dismissal of an indictment even though the defendant had been deported and the witness to alleged domestic violence no longer wished to
- [Processes To Obtain a Certification of Expungement for Certain Marijuana and Hashish Cases in Accordance with the Marijuana Decriminalization Law](https://www.criminalcivillawyer.com/processes-to-obtain-a-certification-of-expungement-for-certain-marijuana-and-hashish-cases-in-accordance-with-the-marijuana-decriminalization-law/) - Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/n210830a.pdf"]
- [E.S. v. Brunswick Investment Limited Partnership, et al.](https://www.criminalcivillawyer.com/e-s-v-brunswick-investment-limited-partnership-et-al/) - E.S. v. Brunswick Investment Limited Partnership, et al. Docket No.: A-3372-18 Decided August 27, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether building owner could be held vicariously liable for a property manager who sexually assaulted a tenant. In E.S., from approximately March 1,
- [Whether an informant’s confidential tip can be the basis for a traffic stop.](https://www.criminalcivillawyer.com/whether-an-informants-confidential-tip-can-be-the-basis-for-a-traffic-stop/) - Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In the Mesadieu case, the Appellate Division held that Mesadieu’s detention was lawful. The New Jersey Supreme Court has established under State v. Davis, 104, N.J. 490, 504 (1986) that a court must evaluate the totality of the circumstances surrounding the police-citizen encounter to determine the
- [Trial Court’s Denial of a Final Restraining Order (FRO) Decision REVERSED For Failing to Recuse Himself for Appearing to Be Biased](https://www.criminalcivillawyer.com/trial-courts-denial-of-a-final-restraining-order-fro-decision-reversed-for-failing-to-recuse-himself-for-appearing-to-be-biased/) - M.G.S. v. K.F. Docket No. A-0480-20 Decided August 25, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a Final Restraining Order (FRO) for failing to recuse himself for appearing to be biased. In M.G.S., the parties' longtime relationship
- [NEW JERSEY MENTAL HEALTH RECORD EXPUNGEMENT](https://www.criminalcivillawyer.com/new-jersey-mental-health-record-expungement/) - In re E.C. Petition for Expungement Appellate Docket No.: A-3713-13T2 Decided July 8, 2015 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed the requirements for the expungement of mental health records and produced a legal standard for same. In E.C., E.C. was a
- [Prior Bad Acts Under NJRE 404(B) Are Generally Inadmissible Unless, The Four Prong Cofield Test Is Met](https://www.criminalcivillawyer.com/prior-bad-acts-under-njre-404b-are-generally-inadmissible-unless-the-four-prong-cofield-test-is-met/) - State v. Canales Appellate Docket No.: A-5846-17 Decided August 20, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether introduction of evidence of an uncharged assault in which the victim did not think she could identify the defendant in the future, prejudiced
- [State v. Almonte - Prosecutor Misconduct](https://www.criminalcivillawyer.com/state-v-almonte-prosecutor-misconduct/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether there was prosecutor misconduct when the prosecutor told of testimony that was not used in the opening statement and vouched to the credibility to
- [Is a Sidewalk That Was Closed to The Public, A “Closed Structure” For the Criminal Charge of Burglary](https://www.criminalcivillawyer.com/is-a-sidewalk-that-was-closed-to-the-public-a-closed-structure-for-the-criminal-charge-of-burglary/) - State v. Richardson Appellate Docket No.: A-2244-19 Decided August 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a sidewalk that was closed to the public was a “closed structure” for the criminal charge of burglary. In State v. Richardson,
- [Divorce Plaintiff Misled the Court About His Income; Counsel Fees Were Awarded to the Defendant Payable by Plaintiff](https://www.criminalcivillawyer.com/divorce-plaintiff-misled-the-court-about-his-income-counsel-fees-were-awarded-to-the-defendant-payable-by-plaintiff/) - K.W. v. S.W. Docket No. A-2884-19 Decided August 17, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to recalculate child support and award $102,911.28 in counsel fees to the Defendant. In K.W. v. S.W., The parties divorced in 2013 after nine years
- [New Jersey Court Rule Changes](https://www.criminalcivillawyer.com/new-jersey-court-rule-changes/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/2021Omnibus.pdf"]
- [An Officer Can Access the Information on Their Mobile Data Terminal (MDT) Randomly, Without Reasonable Suspicion](https://www.criminalcivillawyer.com/an-officer-can-access-the-information-on-their-mobile-data-terminal-mdt-randomly-without-reasonable-suspicion/) - State v. Carrigan Appellate Docket No.: A-1252-19 Decided August 10, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable suspicion that a traffic offense is being committed. In State
- [Dog Bites in Most Circumstances Come with Strict Liability](https://www.criminalcivillawyer.com/dog-bites-in-most-circumstances-come-with-strict-liability/) - Bonay Goldhagen v. Susan Pasmowitz Docket No.: A-17-20 Decided August 5, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed whether plaintiff was strictly liable for a dog bite when plaintiff warned defendant, a kennel worker, that the dog had bit her son before.
- [Drivers must now move over when passing people walking and on bikes](https://www.criminalcivillawyer.com/drivers-must-now-move-over-when-passing-people-walking-and-on-bikes/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A long-sought goal of advocates finally happened Thursday when Gov. Phil Murphy signed the state’s first law requiring drivers to safely pass people on bikes, scooters and pedestrians who are using the roads. Murphy signed the law Thursday, that allows New Jersey to catch up to 42
- [SUPERIOR COURT OF NEW JERSEY NOTICE OF MASK REQUIREMENTS IN BUILDINGS](https://www.criminalcivillawyer.com/superior-court-of-new-jersey-notice-of-mask-requirements-in-buildings/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/SUPERIOR-COURT-OF-NEW-JERSEY-NOTICE-OF-MASK-REQUIREMENTS-IN-BUILDINGS.pdf" title="SUPERIOR COURT OF NEW JERSEY NOTICE OF MASK REQUIREMENTS IN BUILDINGS"]
- [State v. Almonte - Severance of Trial](https://www.criminalcivillawyer.com/state-v-almonte-severance-of-trial/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Almonte Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether failure to sever a trial from a codefendant was appropriate, even when the codefendant was not present for the trial and his post arrest
- [State v. Almonte - Prior Bad Acts](https://www.criminalcivillawyer.com/state-v-almonte-prior-bad-acts/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Appellate Docket No.: A-0536-18 Decided July 27, 2021 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether possession of a weapon is excluded evidence for prior bad acts when under investigation of a robbery attempt. In State v. Almonte, Agent Chapman testified that during
- [State v. Roman-Rosado](https://www.criminalcivillawyer.com/state-v-roman-rosado/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The dual cases of State v. Roman-Rosado and State v. Carter deal with when might police effectuate a motor vehicle stop on the basis of a violation of N.J.S.A. 39:3-33, which reads in part as follows: “No person shall drive a motor vehicle which has a license plate
- [No Mask in Court Can Be Considered Contempt of Court!](https://www.criminalcivillawyer.com/no-mask-in-court-can-be-considered-contempt-of-court/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Recent-Bills-Introduced-in-New-Jersey-Address-COVID-19-Real-Estate-Evictions-and-Lawsuits-_-Saiber-LLC-JDSupra.pdf" title="Recent Bills Introduced in New Jersey Address COVID-19 Real Estate Evictions and Lawsuits _ Saiber LLC - JDSupra"]
- [Recent Bills Introduced in New Jersey Address COVID-19 Real Estate Evictions and Lawsuits](https://www.criminalcivillawyer.com/recent-bills-introduced-in-new-jersey-address-covid-19-real-estate-evictions-and-lawsuits/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Recent-Bills-Introduced-in-New-Jersey-Address-COVID-19-Real-Estate-Evictions-and-Lawsuits-_-Saiber-LLC-JDSupra.pdf" title="Recent Bills Introduced in New Jersey Address COVID-19 Real Estate Evictions and Lawsuits _ Saiber LLC - JDSupra"]Recent Bills Introduced in New Jersey Address COVID-19 Real Estate Evictions and Lawsuits
- [Case Brief: State v. Figueroa](https://www.criminalcivillawyer.com/case-brief-state-v-figueroa/) - Superior Court of New Jersey, Appellate Division (2021) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Parties: Plaintiff-Respondent: State of New Jersey Defendant-Appellant: Andre Figueroa Facts: Figueroa was spotted by a police officer emerging from between two houses late at night in a vacation town during winter. Most people are away during winter and it was
- [Slip And Fall Injury on Ice in An Area of a Driveway That Led from A Public Street to A Parking Lot](https://www.criminalcivillawyer.com/slip-and-fall-injury-on-ice-in-an-area-of-a-driveway-that-led-from-a-public-street-to-a-parking-lot/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0947-19 JEANNIE GREENSTEIN and JON GREENSTEIN, her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE VENTURES XI, LLC, SAMSUNG SDS AMERICA, INC., and JENI LLC a/k/a JENI LLC NJ LTD, Defendants, and AMAZON.COM.DEDC, LLC, and BERGEN OUTDOORS, INC. t/a BERGEN LANDSCAPING, Defendants-Respondents.
- [Rule 1:1-2 Is Used When an Attorney Makes a Mistake for a Client](https://www.criminalcivillawyer.com/rule-11-2-is-used-when-an-attorney-makes-a-mistake-for-a-client/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3903-19 ALTON NICHOLS, Plaintiff-Respondent, v. DUKE LINDEN, LLC, DUKE REALTY LIMITED PARTNERSHIP, DUKE REALTY CORPORATION, BRIGHTVIEW LANDSCAPES, LLC, and CARUSO LANDSCAPING, Defendants-Appellants, and WAYFAIR, LLC, and WAYFAIR, INC., Defendants, and BRIGHTVIEW LANDSCAPING, LLC, Defendant/Third-Party Plaintiff, v. CARUSO LANDSCAPING and INTERNATIONAL INSURANCE COMPANY OF HANNOVER,
- [A Petitioner Bears the Burden to Establish the Compensability of The Worker’s Compensation Claim](https://www.criminalcivillawyer.com/a-petitioner-bears-the-burden-to-establish-the-compensability-of-the-workers-compensation-claim/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET No. A-3625-19 ANDREW MACKOFF, Petitioner-Appellant, v. NEW BRUNSWICK SAW SERVICE, Respondent-Respondent. __________________________ Submitted March 3, 2021 – Decided July 14, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner was employed by New Brunswick Saw Services as a salesperson and account manager. Respondent sells and services
- [A REVIEW OF NEW JERSEY’S “RED FLAG LAW”](https://www.criminalcivillawyer.com/a-review-of-new-jerseys-red-flag-law/) - Temporary Extreme Risk Protective Order (TERPO) IN THE MATTER OF D.L.B. Appellate Docket No.: A-1035-20 Decided July 14, 2021 In a recent published opinion, the Appellate Division of New Jersey reviewed a denial of a Final Extreme Risk Protective Order (FERPO) in light of respondent brandishing a handgun. In the Matter of D.L.B., police received
- [Police Are Trained to Draw Out Confessions in Suspects, Always Ask for A Lawyer Upon Questioning](https://www.criminalcivillawyer.com/police-are-trained-to-draw-out-confessions-in-suspects-always-ask-for-a-lawyer-upon-questioning/) - State v. Malone Appellate Docket No.: A-1339-18 Decided July 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a robbery conviction was proper after defendant confessed after a four hour break in questioning and the defendant’s recorded phone calls from the jail
- [Future of Court Operations - Remote and In-Person Proceedings](https://www.criminalcivillawyer.com/future-of-court-operations-remote-and-in-person-proceedings/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Future-of-Court-Operations-Remote-and-In-Person-Proceedings.pdf" title="Future of Court Operations - Remote and In-Person Proceedings"]
- [There Are Different Levels of Suspicion Necessary for Officers to Effectuate a Traffic Stop, Investigation, Request a Search Warrant, And Search and Seize Property](https://www.criminalcivillawyer.com/there-are-different-levels-of-suspicion-necessary-for-officers-to-effectuate-a-traffic-stop-investigation-request-a-search-warrant-and-search-and-seize-property/) - State v. Muhammad Appellate Docket No.: A-3017-18 Decided July 15, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before breaching entry. In State v. Muhammad,
- [Being Found Guilty of More Than One Contempt Charge Will Result in A Mandatory Minimum 30-Day Jail Sentence](https://www.criminalcivillawyer.com/being-found-guilty-of-more-than-one-contempt-charge-will-result-in-a-mandatory-minimum-30-day-jail-sentence/) - State v. H.S.G. Appellate Docket No.: A-5188-18 Decided July 14, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether defendant knowingly violated a Temporary Restraining Order (TRO) when he claimed he thought it had expired. In State v. H.S.G., on March 23, 2019,
- [There Are Different Standards for An Officer to Effectuate a Traffic Stop, Investigation, Arrest or Search](https://www.criminalcivillawyer.com/there-are-different-standards-for-an-officer-to-effectuate-a-traffic-stop-investigation-arrest-or-search/) - State v. Alvarez-Mercedes Appellate Docket No.: A-1201-20 Decided July 13, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress of heroin found in a towed vehicle after a confidential informant provided a tip that defendant would
- [Icy Sidewalk Fall Leads to $1 Million Settlement in Burlington County Suit  New Jersey Law Journal](https://www.criminalcivillawyer.com/icy-sidewalk-fall-leads-to-1-million-settlement-in-burlington-county-suit-new-jersey-law-journal/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A woman who was rendered disabled after falling on an icy sidewalk at her apartment complex received a $1 million settlement in her Burlington County suit, Tate v. Westover Companies, on May 7. Nicole Tate, who lived at the Willow Ridge Village Apartments in Marlton, fell
- [ENDANGERING WELFARE OF CHILD NOT EXPUNGABLE EVEN IF NON SEXUAL](https://www.criminalcivillawyer.com/endangering-welfare-of-child-not-expungable-even-if-non-sexual/) - In the Matter of the Expungement Application of A.T. Appellate Docket No.: A-509-18 Decided January 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey affirmed the denial of an expungement for an offense in violation of N.J.S.A. 2C:24-4(a), endangering the welfare of a child, even
- [Objecting, Even If Unsuccessful at The Time, Preserves the Issue for Appeal](https://www.criminalcivillawyer.com/objecting-even-if-unsuccessful-at-the-time-preserves-the-issue-for-appeal/) - State v. Scott Appellate Docket No.: A-4754-18 Decided July 9, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether jury instructions for the defense of duress should have been tailored to the facts of defendant’s case, rather than just a reading of the
- [If Are Not Being Represented and Going to Trial, It Is Particularly Important to Obtain an Attorney](https://www.criminalcivillawyer.com/if-are-not-being-represented-and-going-to-trial-it-is-particularly-important-to-obtain-an-attorney/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1502-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERNEST MIGNOLI, Defendant-Appellant. ________________________ Submitted March 1, 2021 – Decided July 7, 2021 Submitted by New Jersey Civil Lawyer, Jeffrey Hark On January 7, 2018, Captain Fahnolz of the Asbury Park Fire Department responded to defendant’s report. Defendant called in
- [Voluntary Jury Waiver and Those Incarcerated During COVID-19](https://www.criminalcivillawyer.com/voluntary-jury-waiver-and-those-incarcerated-during-covid-19/) - State v. Shtabnoy Appellate Docket No.: A-1716-19 Decided July 8, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a defendant’s conviction from a bench trial was a result of an improper jury waiver. In State v. Shtabnoy, on February 5, 2019, a
- [JUDGES IN FAMILY COURT CAN DESIGNATE COUNSEL FEE AWARD AS NON-DISCHARGEABLE IN BANKRUPTCY](https://www.criminalcivillawyer.com/judges-in-family-court-can-designate-counsel-fee-award-as-non-dischargeable-in-bankruptcy/) - Bisbing v. Bisbing Docket No. A-0138-20 Decided July 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division affirmed an attorney fee award in a post-judgment divorce action as non-dischargeable in bankruptcy proceedings. In Bisbing, the parties divorced in April 2014. One year later, plaintiff sought to relocate
- [A Child Living Away at Boarding School May Warrant a Modification of Child Support](https://www.criminalcivillawyer.com/a-child-living-away-at-boarding-school-may-warrant-a-modification-of-child-support/) - Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,
- [In Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped](https://www.criminalcivillawyer.com/in-case-of-an-illegal-search-evidence-may-be-suppressed-and-the-case-dropped/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired
- [The Six Factors Required to Show Cohabitation for Purposes of Alimony Modification](https://www.criminalcivillawyer.com/the-six-factors-required-to-show-cohabitation-for-purposes-of-alimony-modification/) - Temple v. Temple Docket No. A-0293-20 Decided June 17, 2021 Approved for publication June 30, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of
- [A Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test](https://www.criminalcivillawyer.com/a-final-restraining-order-requires-the-trial-judge-to-make-certain-findings-pursuant-to-a-two-prong-test/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3506-18 A.M., Plaintiff-Respondent, v. M.K., Defendant-Appellant. ________________________ Submitted February 24, 2021 – Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Plaintiff obtained a temporary restraining order against defendant, on February 14, 2019. She alleges that he was harassing her frequently by contacting her
- [Workers' Compensation Claims and Re-injuring Previous Injuries](https://www.criminalcivillawyer.com/workers-compensation-claims-and-re-injuring-previous-injuries/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5547-18 PATRICIA COSTANZO, Petitioner-Appellant, v. MERIDIAN REHAB, Respondent-Respondent. __________________________ Argued June 2, 2021 – Decided June 17, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. On April 1, 2016, petitioner was working for Meridian Rehab. When performing her duties, she slipped and fell to the
- [For a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted](https://www.criminalcivillawyer.com/for-a-dui-or-dwi-in-new-jersey-the-accused-must-be-observed-for-twenty-minutes-uninterrupted/) - State v. Bruno Docket No. A-1144-19 Decided June 29, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the twenty-minute observation period prior to the Alcotest breathalyzer. In Bruno, as part of
- [The judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO](https://www.criminalcivillawyer.com/the-judge-must-rely-on-sufficient-facts-from-the-record-to-support-legal-conclusions-as-to-grant-or-deny-an-fro/) - A.M. v. M.K. Docket No. A-3506-18 Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s boyfriend to the FRO. In A.M., Plaintiff and defendant
- [The Serious Implications of a Temporary Restraining Order, and the Steps to Take to Prevent a Final Restraining Order](https://www.criminalcivillawyer.com/the-serious-implications-of-a-temporary-restraining-order-and-the-steps-to-take-to-prevent-a-final-restraining-order/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET A-2257-19 S.S., Plaintiff-Respondent, B.G., Defendant-Appellant. _______________________ Argued May 24, 2021 – Decided June 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. On November 19,2019, plaintiff obtained a temporary restraining order against the defendant. On December 12,2019, the hearing for the final restraining order took place. Prior
- [The Plain View and Exigent Circumstance Exceptions to The Warrant Requirement](https://www.criminalcivillawyer.com/the-plain-view-and-exigent-circumstance-exceptions-to-the-warrant-requirement/) - STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are
- [To Be Eligible for Workers’ Compensation, An Incident Must Pass a Two-Prong Test for An Injury Sustained During a Recreational or Social Activity](https://www.criminalcivillawyer.com/to-be-eligible-for-workers-compensation-an-incident-must-pass-a-two-prong-test-for-an-injury-sustained-during-a-recreational-or-social-activity/) - VIRIDIANA REGALADO, Petitioner-Appellant, F&B GARAGE DOOR, Respondent-Respondent Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner worked for F&B Garage Door is a business that sells and installs residential garage doors. On Friday, December 23, 2016, respondent was hosting a holiday party at a local restaurant. Employees were encouraged to bring friends or families and
- [Court Must Make Specific Findings for Domestic Violence Matters for A Final Restraining Order (FRO).](https://www.criminalcivillawyer.com/court-must-make-specific-findings-for-domestic-violence-matters-for-a-final-restraining-order-fro/) - S.G. v. A.G. Docket No. A-0156-20 Decided June 8, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not proved harassment after defendant entered her home
- [Injuries While Attending Social Events or Recreational Activities Organized by Your Employer Will Not Be Compensable Unless the Attendance Was Required](https://www.criminalcivillawyer.com/injuries-while-attending-social-events-or-recreational-activities-organized-by-your-employer-will-not-be-compensable-unless-the-attendance-was-required/) - Regalado v. F&B Garage Door Docket No. A-0083-20 Decided June 8, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while an employee attended holiday party was compensable. In Regalado, Respondent sells and installs residential garage doors. The business
- [Final Restraining Order (FRO) Granted After Plaintiff Perpetuating Physical Acts Against Plaintiff](https://www.criminalcivillawyer.com/final-restraining-order-fro-granted-after-plaintiff-perpetuating-physical-acts-against-plaintiff/) - J.C. v. T.T. Docket No. A-2955-19 Decided June 7, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In
- [Case Brief: LATORRACA v. ALADYN, INC., A-0992-19, 2021 WL 2099826 (N.J. Super. Ct. App. Div. May 25, 2021)](https://www.criminalcivillawyer.com/case-brief-latorraca-v-aladyn-inc-a-0992-19-2021-wl-2099826-n-j-super-ct-app-div-may-25-2021/) - Parties: Plaintiff: Francine Latorraca Defendant: Aladyn, Inc. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Proc. Hist.: Trial court granted summary judgment to defendant. Plaintiff appealed arguing that defendant is responsible for the slippery conditions of the floor because of its “mode of operation.” Plaintiff’s second argument states that even if a mode-of-operation theory fails
- [Case Brief: DENEAN DAVIS v. DGMB CASINO, LLC, A-2627-19, 2021 WL 2099800 (N.J. Super. Ct. App. Div. May 25, 2021)](https://www.criminalcivillawyer.com/case-brief-denean-davis-v-dgmb-casino-llc-a-2627-19-2021-wl-2099800-n-j-super-ct-app-div-may-25-2021/) - Parties: Plaintiff: Denean Davis Defendant: DGMB Casino Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Proc. Hist.: Plaintiff appeals order granting summary judgment to defendant and dismissal of her claim with prejudice. Plaintiff argues on appeal that a genuine issue of material fact existed as to constructive notice that should have been resolved by a
- [Final Restraining Order After Judge Found Plaintiff Credible of Defendant Perpetuating Physical Acts Against Plaintiff](https://www.criminalcivillawyer.com/final-restraining-order-after-judge-found-plaintiff-credible-of-defendant-perpetuating-physical-acts-against-plaintiff/) - E.K.M. v. T.G. Docket No. A-1397-19 Decided June 3, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In E.K.M.,
- [Modification Of Custody in A Post-Divorce Judgment Matter in Which the Parties Were Both Attorneys](https://www.criminalcivillawyer.com/modification-of-custody-in-a-post-divorce-judgment-matter-in-which-the-parties-were-both-attorneys/) - Abdelkader v. Hosny Docket No. A-1816-19 Decided June 2, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s modification of custody in a post divorce judgment matter in which the parties were both attorneys. In Abdelkader, a post judgment divorce matter, the Court reviewed
- [Police Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial](https://www.criminalcivillawyer.com/police-officers-testimony-of-surveillance-footage-was-best-evidence-when-the-surveillance-footage-could-not-be-produced-for-trial/) - State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In
- [Case Brief: M.C.S. v. J.C.K., 2021 WL 2010654](https://www.criminalcivillawyer.com/case-brief-m-c-s-v-j-c-k-2021-wl-2010654/) - Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: M.C.S. Defendant: J.C.K. Proc. Hist.: Trial Court granted plaintiff’s request for a FRO under the Prevention of Domestic Violence Act, based on the predicate acts of harassment, and simply assault by physical menace.
- [Case Brief: L.D. v. M.J.M., 2021 WL 2012249](https://www.criminalcivillawyer.com/case-brief-l-d-v-m-j-m-2021-wl-2012249/) - Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: L.D. Defendant: M.J.M. Proc. Hist.: Trial Court denied plaintiff’s request for a final restraining order and vacated temporary restraining order against defendant. Plaintiff argues on appeal that (1) trial judge erred in failing
- [Case Brief: State v. Kanem Williamson (A-65-19)(083979)](https://www.criminalcivillawyer.com/case-brief-state-v-kanem-williamson-a-65-19083979/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Parties: Plaintiff: State of New Jersey Defendant: Kanem Williamson Proc. Hist.: Trial Court allowed the admission of hearsay evidence under the “dying declaration” exception. Appellate Division affirmed; Supreme Court granted review. Facts: In the spring of 2014, A.B. was shot multiple times and found in a pool of
- [Failure To Serve Tort Claim Notice Within 90 Days Will Likely Result in An Inability To Your Claim For Damages](https://www.criminalcivillawyer.com/failure-to-serve-tort-claim-notice-within-90-days-will-likely-result-in-an-inability-to-your-claim-for-damages/) - Jeffrey v. State of New Jersey Appellate Docket No.: A-1187-18 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reversed a denial of plaintiff’s motion to file a late tort claim’s notice ten months after the accident that caused the injury because of plaintiff’s gruesome injuries.
- [Sweeney Bill Would Create Pilot Program for Regional Municipal Courts in Three Counties](https://www.criminalcivillawyer.com/sweeney-bill-would-create-pilot-program-for-regional-municipal-courts-in-three-counties/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Trenton – Legislation sponsored by Senate President Steve Sweeney that would create a pilot program for the regionalization of municipal courts was approved by the Senate Judiciary Committee today. The legislation, S-3049, would establish a program in at least three counties with no fewer than five municipalities in
- [Self-Defense And the Use of Deadly Force Has Very Specific Requirements](https://www.criminalcivillawyer.com/self-defense-and-the-use-of-deadly-force-has-very-specific-requirements/) - State v. Sanders Docket No. A-1965-18 Decided May 13, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether defendant self defense was a defense to endangering after defendant stabbed a store clerk and fled without calling emergency services. In State v. Sanders, just before
- [Judges Undertaking Remote Domestic Violence Trials Are Faced with Challenges in Conducting These Adequately](https://www.criminalcivillawyer.com/judges-undertaking-remote-domestic-violence-trials-are-faced-with-challenges-in-conducting-these-adequately/) - D.M.R. v. M.K.G. Docket No. A-4085-19 Decided May 11, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge conducted a video conference hearing, did not allow defendant adequate time between
- [Does a Parent Hosting a Birthday Party Have Authority to Sign a Waiver on Behalf of Other Parents?](https://www.criminalcivillawyer.com/does-a-parent-hosting-a-birthday-party-have-authority-to-sign-a-waiver-on-behalf-of-other-parents/) - Gayles v. Sky Zone Docket No. A-3519-19 Decided May 12, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division reviewed whether a parent hosting a party at Sky Zone had apparent authority to sign a waiver on behalf of other parents dropping off their children for the
- [Review Whether Child Sexual Abuse Accommodation Syndrome (CSAAS) Was Grounds for A New Trial](https://www.criminalcivillawyer.com/review-whether-child-sexual-abuse-accommodation-syndrome-csaas-was-grounds-for-a-new-trial/) - State v. S.G. Appellate Docket No.: A-5627-16 Decided May 6, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of defendant for sex crimes against children was grounds for a
- [Parenting Time in NJ Is A Constitutional Right; Each Party Has Equal Rights to Have Relationships with Their Children](https://www.criminalcivillawyer.com/parenting-time-in-nj-is-a-constitutional-right-each-party-has-equal-rights-to-have-relationships-with-their-children/) - P.T. v. A.T. Docket No. A-1211-19 Decided May 5, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division overturned a trial court’s denial of defendant’s parenting time for four years, solely on the basis of an allegation that defendant viewed pornography in the presence of the child. In
- [$117 million Verdict Overturned in Johnson and Johnson Talcum Powder Personal Injury Case](https://www.criminalcivillawyer.com/117-million-verdict-overturned-in-johnson-and-johnson-talcum-powder-personal-injury-case/) - Lanzo v. Johnson & Johnson Docket No.: A-5711-17 Decided April 28, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division overturned a jury verdict in the amount of $117 million, remanding for a new trial, for discovery errors made by the judge in including certain unreliable expert
- [Understand the Discretion Trial Courts Have for Final Determinations and Adjournment Requests](https://www.criminalcivillawyer.com/understand-the-discretion-trial-courts-have-for-final-determinations-and-adjournment-requests/) - Thomas v. Thomas Docket No. A-1700-19 Decided May 3, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to allow plaintiff’s attorney to be relieved at the day of trial in addition to alimony award of $39,160 per year and dividing of real
- [Municipal Court Payment Plans - We Can help You!](https://www.criminalcivillawyer.com/municipal-court-payment-plans-we-can-help-you/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Municipal-Court-Payment-Plans.pdf" title="Municipal Court Payment Plans"]
- [Violations of Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO) Are Criminal Acts and Heard by A Family Judge](https://www.criminalcivillawyer.com/violations-of-temporary-restraining-orders-tro-and-final-restraining-orders-fro-are-criminal-acts-and-heard-by-a-family-judge/) - State v. D.O.P. Appellate Docket No.: A-1881-18 Decided April 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Final Restraining Order (FRO) contempt charge when defendant was seen outside of the victim’s home and ran when he
- [Understanding the Different Requirements Officers Need at Various Levels of Searches](https://www.criminalcivillawyer.com/understanding-the-different-requirements-officers-need-at-various-levels-of-searches/) - State v. Kee Decided April 26, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed whether defendant was properly questioned and a witness was properly detained after a motor vehicle stop led to an investigation of a shooting, implicating the defendant. In State v. Kee,
- [IN THE MATTER OF THE APPEAL OF DENIAL OF A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE HANDGUNS FOR C.P.](https://www.criminalcivillawyer.com/in-the-matter-of-the-appeal-of-denial-of-a-firearms-purchaser-identification-card-and-permit-to-purchase-handguns-for-c-p/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed a denial of a firearms purchaser identification card (FPIC) and permit to purchase handguns (PPH) to a retired police officer. In C.P., On September 7, 2011, [C.P., then] a Lieutenant for the Old Bridge Police Department, arrived
- [For A Protective Sweep, Officers Need A Reasonable and Articulable Suspicion of a Crime Being Committed or That There May Be Danger in The Area](https://www.criminalcivillawyer.com/for-a-protective-sweep-officers-need-a-reasonable-and-articulable-suspicion-of-a-crime-being-committed-or-that-there-may-be-danger-in-the-area/) - State v. Williams 461 N.J. Super. 80 (2019) Decided August 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether a warrantless search resulting in the seizure of cocaine was valid after police were given permission to enter the home and they conducted a
- [Trial Courts Have Discretion for Final Determinations and Adjournment Requests](https://www.criminalcivillawyer.com/trial-courts-have-discretion-for-final-determinations-and-adjournment-requests/) - Furdyna v. MacFarland Docket No. A-3658-18 Decided April 21, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to deny defendant’s request to a adjourn a trial, resulting in a Dual Final Judgment of Divorce (FJOD) requiring plaintiff to pay defendant $250 per
- [Final Restraining Orders: A Trial Court Must Make Specific Findings for Domestic Violence Matters](https://www.criminalcivillawyer.com/final-restraining-orders-a-trial-court-must-make-specific-findings-for-domestic-violence-matters/) - S.T.T. v. M.T.M. Docket No. A-0730-19 Decided April 19, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge did not believe defendant when he left a prior court hearing
- [What Is Required for Police to Conduct A Motor Vehicle Stop and A K-9 Sniff?](https://www.criminalcivillawyer.com/what-is-required-for-police-to-conduct-a-motor-vehicle-stop-and-a-k-9-sniff/) - State v. Barley Appellate Docket No.: A-2334-19 Decided April 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a canine sniff unreasonably delayed a traffic stop, leading to a conviction of an unlawful possession of a firearm. In State v. Barley, Police
- [Pretrial Motions Can Often Make or Break A Case, As It Sets the Pathway to Recovery for Plaintiff](https://www.criminalcivillawyer.com/pretrial-motions-can-often-make-or-break-a-case-as-it-sets-the-pathway-to-recovery-for-plaintiff/) - Hassan v. Williams Docket No.: A-3336-18 Decided April 13, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s evidentiary rulings in a tractor trailer crash in which the Court found no cause for Plaintiff, dismissing the complaint with no recovery. In Hassan, Plaintiff
- [Failure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied](https://www.criminalcivillawyer.com/failure-of-a-judge-to-advise-you-about-increased-penalties-for-future-duis-will-not-prevent-those-increased-penalties-from-being-applied/) - State v. Lukens Appellate Docket No.: A-0458-20 Decided April 13, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a conviction of a third driving while intoxicated (DUI), during the plea
- [In Order for A Claim for Treatment to Be Compensable, It Must Be Medically Necessary and Causally Related to A Work Injury](https://www.criminalcivillawyer.com/in-order-for-a-claim-for-treatment-to-be-compensable-it-must-be-medically-necessary-and-causally-related-to-a-work-injury/) - Soto v. Exclusive Coachworks, Inc. Docket No. A-2331-19 Decided April 12, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether a knee replacement was compensable under workers’ compensation when the petitioner had two prior knee surgeries that were not work related. In Soto,
- [Denial to Vacate A Custody and Child Support Order Entered Nearly 8 Years Ago](https://www.criminalcivillawyer.com/denial-to-vacate-a-custody-and-child-support-order-entered-nearly-8-years-ago/) - K.A.B. v. M.P. Docket No. A-4153-18 Decided April 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of plaintiff’s motion to vacate a custody and child support order entered nearly 8 years ago. In K.A.B., plaintiff and defendant have one child, K.P.,
- [In Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant](https://www.criminalcivillawyer.com/in-order-for-search-and-seizure-officers-need-probable-cause-through-a-warrant-or-circumstances-that-would-ordinarily-permit-officers-to-get-a-warrant/) - State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who
- [Window Tint Will Almost Always Be Grounds for Police to Pull You Over](https://www.criminalcivillawyer.com/window-tint-will-almost-always-be-grounds-for-police-to-pull-you-over/) - State v. Cohen Appellate Docket No.: A-0210-19 Decided April 5, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there actually was not unlawful tint. In State v.
- [Injured Plaintiff May Have A Disadvantage in Arbitration Versus Court](https://www.criminalcivillawyer.com/injured-plaintiff-may-have-a-disadvantage-in-arbitration-versus-court/) - Lawrence v. Sky Zone Docket No. A-3092 Decided March 30, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed whether an arbitration clause in a release agreement at Sky Zone signed by the plaintiff was enforceable and therefore, a jury trial would be waived and plaintiff
- [The Use of Consent Orders When Coming to Agreements in Divorce and Family Cases](https://www.criminalcivillawyer.com/the-use-of-consent-orders-when-coming-to-agreements-in-divorce-and-family-cases/) - Mariana v. Mariana Docket No. A-1240-19 Decided March 29, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of defendant’s motion to require plaintiff to pay half of outstanding tax liabilities after a division of retirement accounts resulted in an unforeseen tax bill.
- [For Motor Vehicle Accidents, UIM Coverage May Be Available If the UIM Policy Exceeds That of The Other Driver, Known as The Tort Feasor.](https://www.criminalcivillawyer.com/for-motor-vehicle-accidents-uim-coverage-may-be-available-if-the-uim-policy-exceeds-that-of-the-other-driver-known-as-the-tort-feasor/) - Wilson v. Ortiz-Ponce Docket No.: A-0316-19 Decided March 25, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division ruled a plaintiff cannot collect on her $100,000 Underinsured Motorist Coverage (UIM) when the defendant’s $100,000 had to be split with multiple injured plaintiff’s. In Wilson, plaintiff Shirley Wilson's
- [An Alcotest and Field Sobriety Test Are Not Absolutely Necessary to Prove Intent to Operate A Vehicle Under the Influence](https://www.criminalcivillawyer.com/an-alcotest-and-field-sobriety-test-are-not-absolutely-necessary-to-prove-intent-to-operate-a-vehicle-under-the-influence/) - State v. Lyons Appellate Docket No.: A-3017-19 Decided March 24, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a conviction of a driving under the influence of intoxicating liquor (DUI) and leaving the scene of an accident after defendant was found outside of
- [Cohabitation Is One Path to Terminate an Alimony Obligation](https://www.criminalcivillawyer.com/cohabitation-is-one-path-to-terminate-an-alimony-obligation/) - Clemas v. Clemas Docket No. A-5029-18 Decided March 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a dismissal of a motion to terminate alimony based on cohabitation because defendant failed to show evidence of comingled funds and any further evidence that the individuals were residing
- [Whether the Termination of Alimony Payments Is Appropriate or Not](https://www.criminalcivillawyer.com/whether-the-termination-of-alimony-payments-is-appropriate-or-not/) - Submitted by New Jersey Family Lawyer, Jeffrey Hark. In January 2013, the parties divorced after fourteen years of marriage. They had two children together. The trial court entered a final judgment of divorce in June 2014, and pursuant to the final judgment, defendant pays plaintiff $2,500 per month in alimony. Defendant filed an initial motion to
- [The Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages](https://www.criminalcivillawyer.com/the-legality-and-appropriateness-of-entering-a-fro-and-of-awarding-counsel-fees-and-punitive-damages/) - Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. After the conclusion of a six month trial, defendant appealed the entry of a June 20, 2019 final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant also appealed the judge's November 18, 2019 reconsideration decision awarding plaintiff G.D.
- [Insurance Is the Best Way, And Sometimes the Only Way, To Recover Monetary Damages for Personal Injury](https://www.criminalcivillawyer.com/insurance-is-the-best-way-and-sometimes-the-only-way-to-recover-monetary-damages-for-personal-injury/) - Rana v. Allstate Docket No.: A-4305-18 Decided March 22, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a jury’s dismissal of plaintiff’s complaint for failure to demonstrate a permanent injury even though her doctor recommended surgery. In Rana, Plaintiff was involved in an automobile accident
- [If A Defendant Creates the Hazard That Caused Your Injury, They Will Usually Be Liable for Damages](https://www.criminalcivillawyer.com/if-a-defendant-creates-the-hazard-that-caused-your-injury-they-will-usually-be-liable-for-damages/) - Seeley v. Caesars Entertainment Docket No.: A-2125-19 Decided March 18, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether a wet bathroom floor causing a slip and fall and injury to the plaintiff was the fault of the
- [Lawyers Who Include Clients on Group Emails and Opposing Lawyers Who “Reply All”](https://www.criminalcivillawyer.com/lawyers-who-include-clients-on-group-emails-and-opposing-lawyers-who-reply-all/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/ACPE-Opinion-739RPC-4.2-‘Reply-All.pdf" title="ACPE Opinion 739RPC 4.2 ‘Reply All"]
- [Defendants Must Be Aware of The Dangerous Condition or They Most Likely Will Not Be Held Liable for A Slip and Fall Injury](https://www.criminalcivillawyer.com/defendants-must-be-aware-of-the-dangerous-condition-or-they-most-likely-will-not-be-held-liable-for-a-slip-and-fall-injury/) - Donatucci v. Altanticare Health Services Docket No.: A-1894-19 Decided March 17, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court’s dismissal of plaintiff’s complaint when he slipped and fell on a broken piece of sidewalk outside the facility and an employee had mentioned
- [In Order for A Claim to Be Compensable, It Must Arise Out of The Scope of Employment](https://www.criminalcivillawyer.com/in-order-for-a-claim-to-be-compensable-it-must-arise-out-of-the-scope-of-employment/) - Pilone v. County of Middlesex Docket No. A-1676-19 Decided March 15, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while a prosecutor was traveling a frequently traveled path for work to discuss a case at the donut shop
- [Does Conduct Involving Parenting Time Disputes Constitute Harassment Under the Domestic Violence Statute?](https://www.criminalcivillawyer.com/does-conduct-involving-parenting-time-disputes-constitute-harassment-under-the-domestic-violence-statute/) - C.C. v. I.C. Docket No. A-0771-19 Decided March 16, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment under the domestic violence statute, warranting a Final Restraining Order (FRO). In C.C., The
- [Megan‘s Law Risk Assessment Scale and Attorney General Guideline Report](https://www.criminalcivillawyer.com/megans-law-risk-assessment-scale-and-attorney-general-guideline-report/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Megan‘s-law-risk-assessment-scale-and-attorney-general-guideline-report.pdf" title="Megan‘s law risk assessment scale and attorney general guideline report"]
- [How the American Rescue Plan helps you and New Jersey](https://www.criminalcivillawyer.com/how-the-american-rescue-plan-helps-you-and-new-jersey/) - March 13, 2021 Dear New Jerseyan, This past week, President Biden signed into law the American Rescue Plan, delivering on his and Congressional Democrats’ promise to provide COVID-19 relief to the American people. I supported this bold legislation because it provides an urgent and historic investment in the health and financial stability of millions of
- [Be Sure to Understand the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime](https://www.criminalcivillawyer.com/be-sure-to-understand-the-different-levels-of-information-officers-need-when-investigating-to-be-able-to-properly-make-an-arrest-and-charge-someone-with-a-crime/) - State v. Gaddy Appellate Docket No.: A-3046-18 Decided March 11, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a defendant’s motion to suppress after an anonymous tip provided that individuals were congregating and “engaging in disorderly activity” leading to defendant being charged with
- [Prosecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!](https://www.criminalcivillawyer.com/prosecutor-misconduct-during-a-trial-can-deny-a-defendant-a-right-to-a-fair-trial-make-sure-your-attorney-recognizes-it/) - State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,
- [Understand the Different Levels of Information Officers Need when Investigating to Properly Make an Arrest](https://www.criminalcivillawyer.com/understand-the-different-levels-of-information-officers-need-when-investigating-to-properly-make-an-arrest/) - State v. Ruffin Appellate Docket No.: A-3979-18 Decided March 8, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a Controlled Dangerous Substance (CDS) Driving Under the Influence (DUI) after police found a man hunched over in his car on the side of the
- [Court Eyes Restart of New Jersey In-Person Jury Trials: What Lawyers Need to Know | New Jersey Law Journal](https://www.criminalcivillawyer.com/court-eyes-restart-of-new-jersey-in-person-jury-trials-what-lawyers-need-to-know-new-jersey-law-journal/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here by the New Jersey Law Journal. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/New-Jersey-In-Person-Jury-Trials.pdf" title="New Jersey In-Person Jury Trials"]
- [Does Driving A Car While the Owner Is Away Allow for Liability Coverage After an Accident?](https://www.criminalcivillawyer.com/does-driving-a-car-while-the-owner-is-away-allow-for-liability-coverage-after-an-accident/) - Rodnea Coleman v. Sheavonra Adderley, et al. Docket No.: A-2104-18 Decided March 4, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether someone driving a car that was left at their house while the owner was away constituted
- [Appellate Court Overturned Dismissal of Plaintiff’s Slip and Fall Personal Injury Complaint](https://www.criminalcivillawyer.com/appellate-court-overturned-dismissal-of-plaintiffs-slip-and-fall-personal-injury-complaint/) - Quinisha White v. City of New Brunswick Docket No. A-1111-19 Decided March 2, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division overturned a trial court’s dismissal of plaintiff’s slip and fall personal injury complaint by failing to extend commercial liability to a sidewalk and
- [Motion to Vacate an Arbitration Award Based on an Approval of Social Security Disability](https://www.criminalcivillawyer.com/motion-to-vacate-an-arbitration-award-based-on-an-approval-of-social-security-disability/) - Souza v. Souza Docket No. A-0293-19 Decided February 25, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a denial of plaintiff’s motion to vacate an arbitration award based on her approval of Social Security Disability after the arbitration award. In Souza, Plaintiff and defendant Sergio Souza
- [Jurisdiction When Real Estate Fraud Occurs Outside of New Jersey But the Property is Located In New Jersey](https://www.criminalcivillawyer.com/jurisdiction-when-real-estate-fraud-occurs-outside-of-new-jersey-but-the-property-is-located-in-new-jersey/) - State v. Zhou Appellate Docket No.: A-1151-19 Decided February 23, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial of a motion to dismiss the indictment for lack of jurisdiction was appropriate when the defendant’s actions were conducted entirely out of the
- [Only If the Court Finds That the Prosecutor Abused His or Her Discretion Will a Trial Court or Appellate Division Overturn a PTI Denial](https://www.criminalcivillawyer.com/only-if-the-court-finds-that-the-prosecutor-abused-his-or-her-discretion-will-a-trial-court-or-appellate-division-overturn-a-pti-denial/) - State v. Sorokach Appellate Docket No.: A-2868-18 Decided February 22, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual intercourse. In State v. Sorokach, defendant posted advertisements
- [ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2021-1](https://www.criminalcivillawyer.com/attorney-general-law-enforcement-directive-no-2021-1/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/AGDirective2021-1.pdf"]
- [NEW JERSEY MARIJUANA IS NOW OFFICIALLY LEGAL – THREE BILLS SIGNED INTO LAW](https://www.criminalcivillawyer.com/new-jersey-marijuana-is-now-officially-legal-three-bills-signed-into-law/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On February 22, 2021, New Jersey Governor Murphy signed into law three bills legalizing marijuana possession and authorizes its sale by approved distributors. The bills and highlights are as follows: A21 – “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” Provides for details on
- [SUPREME COURT OF NEW JERSEY ISSUES ITS TENTH COVID-19 OMNIBUS ORDER](https://www.criminalcivillawyer.com/supreme-court-of-new-jersey-issues-its-tenth-covid-19-omnibus-order/) - February 17, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its tenth Omnibus Order in light of COVID-19. The Order essentially covers excludable time for incarcerated defendants as well as continue provisions from previous Orders. The Tenth Omnibus Order provides for the following excludable time: For those
- [NJ TRANSIT SUBJECT TO COMMON CARRIER LIABILITY](https://www.criminalcivillawyer.com/nj-transit-subject-to-common-carrier-liability/) - Anasia Maison v. New Jersey Transit Corporation A-34/35-19 Decided February 17, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether public common carriers such as NJ Transit is subject to the heightened duty of care standard governing private common carriers for personal injury suits.
- [Understanding the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime](https://www.criminalcivillawyer.com/understanding-the-different-levels-of-information-officers-need-when-investigating-to-be-able-to-properly-make-an-arrest-and-charge-someone-with-a-crime/) - State v. Williams Appellate Docket No.: A-3746-18 Decided February 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a warrantless search was appropriate recovering cocaine from a trunk after officers continued to smell raw marijuana emanating from the vehicle despite already finding
- [A South Jersey woman stole $600,000 from her employer and spent it on luxury goods and plastic surgery, police say](https://www.criminalcivillawyer.com/a-south-jersey-woman-stole-600000-from-her-employer-and-spent-it-on-luxury-goods-and-plastic-surgery-police-say/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A former human resources manager at a South Jersey shipping-container company has been charged with stealing more than $600,000 from her employer and spending it on designer clothes and handbags, a vacation in Puerto Rico, and plastic surgery, Burlington County authorities said Thursday. Karen O’Brien, 41, of Maple
- [Even If an Employee Is Volunteering, They Might Be Able to Still Make A Compensable Claim for Workers Compensation](https://www.criminalcivillawyer.com/even-if-an-employee-is-volunteering-they-might-be-able-to-still-make-a-compensable-claim-for-workers-compensation/) - Goulding v. NJ Friendship House Docket No. A-48 Decided February 8, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether an injury occurring during a Family Fun Day in which an employee volunteered to work without pay is compensable for workers compensation purposes. In
- [Evidentiary and Discovery Rulings Can Make or Break A Defense to A Criminal Action](https://www.criminalcivillawyer.com/evidentiary-and-discovery-rulings-can-make-or-break-a-defense-to-a-criminal-action/) - State v. Desir Appellate Docket No.: A-43-19 Decided February 9, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed whether a defendant is entitled to discovery stemming from a purchase of narcotics by a confidential informant (CI) even though the defendant was not charged
- [Hiring Preference Bill Approved by New Jersey Assembly Committee as Part of New Jersey Workers’ Compensation Act](https://www.criminalcivillawyer.com/hiring-preference-bill-approved-by-new-jersey-assembly-committee-as-part-of-new-jersey-workers-compensation-act/) - Submitted by New Jersey Workers' Compensation Lawyer, Jeffrey Hark. The NJ Assembly Labor Committee recently passed bill A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson. This bill requires an employer with at least 50 employees to provide a hiring preference to an employee who was injured in a work-related injury, has reached maximum medical
- [J.M. v. C.K. FAMILY LAW 2021-01-19  NJ Appellate Division](https://www.criminalcivillawyer.com/j-m-v-c-k-family-law-2021-01-19-nj-appellate-division/) - In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. Submitted by New Jersey Family Lawyer, Jeffrey Hark. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody of their children. However, the primary residence of the children
- [State V. Pinson: Search Warrants and the Truth](https://www.criminalcivillawyer.com/state-v-pinson-search-warrants-and-the-truth/) - State v. Pinson, 461 N.J. Super. 536 (App. Div. 2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUE: Whether a Law Division judge improperly invalidated an arrest warrant when he ruled that an affiant made a false statement in support of the arrest warrant, excised that statement from the affidavit, and concluded the affidavit no
- [Counsel Fees (And Counsel Fee Awards) Are Always an Issue When Lawyers Are Involved in a Divorce](https://www.criminalcivillawyer.com/counsel-fees-and-counsel-fee-awards-are-always-an-issue-when-lawyers-are-involved-in-a-divorce/) - Wilk v. Wilk Docket No. A-5013-18T1 Decided January 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s decision to award plaintiff $40,000 in counsel fees payable by defendant at the conclusion of their divorce. In Wilk, The parties were married for eighteen
- [Evidentiary Rulings Can Make or Break A Defense to a Criminal Action](https://www.criminalcivillawyer.com/evidentiary-rulings-can-make-or-break-a-defense-to-a-criminal-action/) - State v. Kane Appellate Docket No.: A-1996-18T4 Decided January 26, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a confidential informant and prior knowledge
- [Graves Act Has Significant Mandatory Minimum Sentences for Unlawful Possession of a Firearm](https://www.criminalcivillawyer.com/graves-act-has-significant-mandatory-minimum-sentences-for-unlawful-possession-of-a-firearm/) - State v. Rodriguez Appellate Docket No.: A-3586-19T4 Decided January 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reviewed a prosecutor’s denial of a Grave’s Act waiver and a trial court’s reversal of that decision, granting the waiver. In State v. Rodriguez, a search
- [When seeking a modification to custody agreements, these items must be evaluated.](https://www.criminalcivillawyer.com/when-seeking-a-modification-to-custody-agreements-these-items-must-be-evaluated/) - J.M. v. C.K. FAMILY LAW-Filed: 2021-01-19 NJ Appellate Division Submitted by Family Law Firm, Hark and Hark. In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody
- [2013 New Jersey Revised Statutes Appendix A - EMERGENCY AND TEMPORARY ACTS Section App.A:9-49 - Violations as disorderly conduct; penalty; prosecution](https://www.criminalcivillawyer.com/2013-new-jersey-revised-statutes-appendix-a-emergency-and-temporary-acts-section-app-a9-49-violations-as-disorderly-conduct-penalty-prosecution/) - Universal Citation: NJ Rev Stat § App.A:9-49 (2013) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. App.A:9-49. Violations as disorderly conduct; penalty; prosecution Any person who shall: a. Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;
- [Witnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge](https://www.criminalcivillawyer.com/witnesses-that-are-not-expert-witnesses-can-only-testify-as-to-their-firsthand-knowledge/) - State v. Amrit Singh Appellate Docket No.: A-37-19 Decided January 21, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether a detective’s reference to “the defendant” while narrating surveillance footage of a robbery and comparing defendant’s shoes to those in the video were reversible
- [Violations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts](https://www.criminalcivillawyer.com/violations-of-temporary-restraining-orders-tro-and-final-restraining-orders-fro-are-criminal-acts/) - State v. E.J.H. Appellate Docket No.: A-4228-19T1 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Temporary Restraining Order (TRO) contempt charge when defendant spoke directly into a “Nest” home security camera knowing the victim
- [Prosecutor Misconduct During A Trial Can Be Means to Denying A Defendant A Right to A Fair Trial](https://www.criminalcivillawyer.com/prosecutor-misconduct-during-a-trial-can-be-means-to-denying-a-defendant-a-right-to-a-fair-trial/) - State v. Damon Williams Appellate Docket No.: A-46-19 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether the use of an image from the Shining during closing summation was appropriate in a circumstance where no physical force was used. In State
- [Oral Argument Is Rarely Denied in Navigating Complex Matters in Family Law Such as Modifications of Parenting Time](https://www.criminalcivillawyer.com/oral-argument-is-rarely-denied-in-navigating-complex-matters-in-family-law-such-as-modifications-of-parenting-time/) - Robertelli v. Robertelli Docket No. A-1187-19T2 Decided January 15, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reversed a trial court’s denial of oral argument and plaintiff’s motion to modify parenting time. In Robertelli, the parties were married for 13 years before divorce and had
- [State v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08](https://www.criminalcivillawyer.com/state-v-fagg-new-jersey-appellate-division-unpublished-decision-filed-2021-01-08/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull
- [Failing to Investigate Alibi Witnesses or Evidence May Result in Ineffective Relief of Counsel](https://www.criminalcivillawyer.com/failing-to-investigate-alibi-witnesses-or-evidence-may-result-in-ineffective-relief-of-counsel/) - State v. Gideon Appellate Docket No.: A-31-19 Decided January 14, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed an application for post conviction relief (PCR) based on ineffective assistance of counsel for failing to call alibi witnesses to a shooting. In State v. Gideon,
- [Promissory Estoppel - Compensation for Half the Value of An Unfinished Home Promised Prior To Divorce](https://www.criminalcivillawyer.com/promissory-estoppel-compensation-for-half-the-value-of-an-unfinished-home-promised-prior-to-divorce/) - Fischer v. Fischer Docket No. A-5294-18T2 Decided January 13, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reviewed a trial court’s order giving $167,000 to defendant from plaintiff’s parents in compensation for ½ value of an unfinished home plaintiff’s parents promised the parties prior
- [Pardons Can Now Expunge Criminal Convictions That Were Otherwise Ineligible](https://www.criminalcivillawyer.com/pardons-can-now-expunge-criminal-convictions-that-were-otherwise-ineligible/) - In re Petition for Expungement of the Criminal Record Belonging to T.O. Decided: January 11, 2021 Docket No.: A-55-19 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Supreme Court of New Jersey has recently ruled that a pardon by the President or Governor can now make criminal convictions eligible for expungement that were otherwise not
- [COVID-19 – VIRTUAL CIVIL JURY TRIALS](https://www.criminalcivillawyer.com/covid-19-virtual-civil-jury-trials/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/COVID-19-–-VIRTUAL-CIVIL-JURY-TRIALS.pdf" title="COVID-19 – VIRTUAL CIVIL JURY TRIALS"]
- [AFTER 105 YEARS, LAW WITNESSES CAN NOW TESTIFY AS TO APPROXIMATE AGE OF CHILDREN](https://www.criminalcivillawyer.com/after-105-years-law-witnesses-can-now-testify-as-to-approximate-age-of-children/) - State v. Gerena Appellate Docket No.: A-3655-18T2 Decided January 5, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey ruled that lay witnesses, under the right circumstances, can testify as to the approximate age of children, overturning a Supreme Court ruling from 1916. In
- [Police Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights](https://www.criminalcivillawyer.com/police-are-required-to-inform-a-defendant-as-to-the-reason-for-arrest-before-a-defendant-can-waive-their-miranda-rights/) - State v. Sims----NEWS FLASH---- NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,
- [Appeals of Prior Conviction and Sentence of Conspiracy to Commit First-Degree Robbery and Other Crimes](https://www.criminalcivillawyer.com/appeals-of-prior-conviction-and-sentence-of-conspiracy-to-commit-first-degree-robbery-and-other-crimes/) - State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and
- [Order Denying Defendant’s Request to Terminate His Alimony Obligation](https://www.criminalcivillawyer.com/order-denying-defendants-request-to-terminate-his-alimony-obligation/) - Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7
- [ADVERSE REACTIONS TO COVID 19 VACCINE MAY BE COMPENSABLE UNDER NEW JERSEY WORKERS’ COMPENSATION LAW](https://www.criminalcivillawyer.com/adverse-reactions-to-covid-19-vaccine-may-be-compensable-under-new-jersey-workers-compensation-law/) - December 28, 2020 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark COVID-19 vaccines are being administered across the nation. Little is known about the full effects of the vaccines, and as time progresses, we will begin to know more about the effectiveness and possible side effects and adverse reactions. A big question for Workers’
- [Modifying Child Support and Alimony on Changed Circumstances After Plaintiff’s Business Was Investigated for Fraud](https://www.criminalcivillawyer.com/modifying-child-support-and-alimony-on-changed-circumstances-after-plaintiffs-business-was-investigated-for-fraud/) - T.S. v. P.T. Docket No. A-0679-18T2 Decided December 22, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order modifying child support and alimony on changed circumstances after plaintiff’s business was investigated for fraud and lost a contract. In T.S., after 14 years of
- [2021 NEW JERSEY EXPUNGEMENTS OF CRIMINAL RECORDS ARE TO BE FILED ELECTRONICALLY](https://www.criminalcivillawyer.com/2021-new-jersey-expungements-of-criminal-records-are-to-be-filed-electronically/) - December 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark As of December 8, 2020, New Jersey has updated its expungement law, with the Supreme Court of New Jersey requiring all parts of the judiciary to expand its eCourts electronic filing program to encompass expungement petitions. The Order states as follows: Petitioners shall apply for
- [Out of State Grave’s Act Offense: Key Issue Is the Ability to Prove for Any County Prosecutor PTI Coordinator Adequate Supervision in The Defendant’s Home State](https://www.criminalcivillawyer.com/out-of-state-graves-act-offense-key-issue-is-the-ability-to-prove-for-any-county-prosecutor-pti-coordinator-adequate-supervision-in-the-defendants-home-state/) - State of NJ v. James Ray Decided December 11, 2020 On appeal from the Superior Court of New Jersey, Law Division, Bergen County, PER CURIAM PTI Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant James D. Ray signed a pre-trial intervention (PTI) application that was denied by the Bergen County prosecutor. He is appealing against the
- [Statewide Dismissal Process for Old Unresolved Minor Municipal Court Cases](https://www.criminalcivillawyer.com/statewide-dismissal-process-for-old-unresolvedminor-municipal-court-cases/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/WebPage.pdf"]
- [Denial of A Temporary Restraining Order (TRO); No Predicate Act or Credibility, and Reliance on Irrelevant Facts](https://www.criminalcivillawyer.com/denial-of-a-temporary-restraining-order-tro-no-predicate-act-or-credibility-and-reliance-on-irrelevant-facts/) - L.E.A. v. M.A. Docket No. A-4174-18T3 Decided December 16, 2020 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as the Court failed to make appropriate findings as to a predicate act, failed to make credibility
- [Emergency Circumstances Can Create an Exception to Warrants, Probable Cause, and Plain View](https://www.criminalcivillawyer.com/emergency-circumstances-can-create-an-exception-to-warrants-probable-cause-and-plain-view/) - State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress where police entered a home and a hotel room investigating a shooting and using emergency
- [NJ Marijuana Legalization Bill 12-14-2020](https://www.criminalcivillawyer.com/nj-marijuana-legalization-bill-12-14-2020/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/NJ-Marijuana-Legalization-Bill-12-14-20.pdf" title="NJ Marijuana Legalization Bill 12-14-20"]
- [Attorneys Are Restrained from Responding to Criticism](https://www.criminalcivillawyer.com/attorneys-are-restrained-from-responding-to-criticism/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Advisory Committee on Professional Ethics 738 December 14, 2020 The Advisory Committee on Professional Ethics (ACPE) has issued an opinion regarding negative online reviews relating to a lawyer’s profile or website. Essentially, the ACPE has decided that a lawyer may only respond online to former or prospective clients
- [Guilty of Third-Degree Possession of a Controlled Substance, Namely Marijuana, With Intent to Distribute and Numerous Other Charges](https://www.criminalcivillawyer.com/guilty-of-third-degree-possession-of-a-controlled-substance-namely-marijuana-with-intent-to-distribute-and-numerous-other-charges/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Darren E. Richardson was found guilty of third-degree possession of a controlled substance, namely marijuana, with intent to distribute and numerous other charges. He was sentenced to eight years of incarnation with four years of parole ineligibility. State of New Jersey vs Darren E. Richardson Detective Vincent
- [No Municipal Court Can Suspend Driver’s Licenses for Failure to Appear on Non-Parking Violations](https://www.criminalcivillawyer.com/no-municipal-court-can-suspend-drivers-licenses-for-failure-to-appear-on-non-parking-violations/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/No-Municipal-Court-Can-Suspend-Drivers-Licenses-for-Failure-to-Appear-on-Non-Parking-Violations.pdf" title="No Municipal Court Can Suspend Driver’s Licenses for Failure to Appear on Non-Parking Violations"]
- [Deposition of Personal Injury Experts Only Requires Reasonable Fees](https://www.criminalcivillawyer.com/deposition-of-personal-injury-experts-only-requires-reasonable-fees/) - Jusino v. Lapenta, 442 N.J. Super. 248 (N.J. Super. Law. Div. 2014) December 10, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a published decision, Judge James Savio, J.S.C., issued a decision regarding fees experts can charge the party taking their deposition in personal injury matters. In Jusino, plaintiff was operating a
- [Denial of An Adjournment Request to Postpone A Homicide Trial, Leading to Defendant Entering A Plea Deal](https://www.criminalcivillawyer.com/denial-of-an-adjournment-request-to-postpone-a-homicide-trial-leading-to-defendant-entering-a-plea-deal/) - State v. Marsh Appellate Docket No.: A-3519-18T1 Decided December 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of an adjournment request to postpone a homicide trial, leading to defendant entering a plea deal, In State v. Marsh, on November
- [ACPE OPINION 738 Responding to Negative Online Reviews](https://www.criminalcivillawyer.com/acpe-opinion-738-responding-to-negative-online-reviews/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/ACPE-OPINION-738.pdf" title="ACPE OPINION 738"]
- [COVID-19 – HEALTHCARE PROFESSIONALS INVOLVED IN PANDEMIC RESPONSE NOT REQUIRED TO SUBMIT TO DEPOSITIONS OR APPEAR FOR COURT EVENTS](https://www.criminalcivillawyer.com/covid-19-healthcare-professionals-involved-in-pandemic-response-not-required-to-submit-to-depositions-or-appear-for-court-events/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/COVID-19-–-HEALTHCARE-PROFESSIONALS-INVOLVED-IN-PANDEMIC-RESPONSE.pdf" title="COVID-19 – HEALTHCARE PROFESSIONALS INVOLVED IN PANDEMIC RESPONSE"]
- [Carfagno Factors and Dissolving A Restraining Order](https://www.criminalcivillawyer.com/carfagno-factors-and-dissolving-a-restraining-order/) - A.J.C. v. G.A.C. Docket No. A-5236-18T1 Decided December 8, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division dissolved a Final Restraining Order (FRO) after the plaintiff engaged in sexual relations numerous times with the defendant during the period the FRO was in effect. In A.J.C., on
- [Your Insurer Wants to Snoop on Your Driving. Is It Worth It?](https://www.criminalcivillawyer.com/your-insurer-wants-to-snoop-on-your-driving-is-it-worth-it/) - Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark Are you ready to have your car insurance priced through continuous monitoring of how far — and how well — you drive? As this technology goes mainstream, it may time to decide if the potential savings are worth the privacy tradeoffs. Interest in usage-based car
- [Court Reviewed Whether There Was A Kidnapping Under the Statute While A Sex Assault Occurred.](https://www.criminalcivillawyer.com/court-reviewed-whether-there-was-a-kidnapping-under-the-statute-while-a-sex-assault-occurred/) - State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a
- [Prior Convictions Admitted in Gun Crime Case, Despite the Conviction Being More Than 10 Years Prior – Evidence That Is Normally Not Admissible](https://www.criminalcivillawyer.com/prior-convictions-admitted-in-gun-crime-case-despite-the-conviction-being-more-than-10-years-prior-evidence-that-is-normally-not-admissible/) - State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled
- [Decrease in Alimony and A Credit to Overpaid Child Support as A Result of a Disability and Change of Circumstances](https://www.criminalcivillawyer.com/decrease-in-alimony-and-a-credit-to-overpaid-child-support-as-a-result-of-a-disability-and-change-of-circumstances/) - Stewart v. Alicea Docket No. A-5135-17T2; A-1048-19T1 Decided December 7, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony and a credit to overpaid child support as a result of a Social Security decision of
- [Former Cherry Hill Attorney Sentenced For Money Laundering: Feds](https://www.criminalcivillawyer.com/former-cherry-hill-attorney-sentenced-for-money-laundering-feds/) - Michael W. Kwasnik, 51, previously pleaded guilty​ to a charge of money laundering. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CHERRY HILL, NJ — A former New Jersey attorney who had offices in Cherry Hill has been sentenced to 18 years in prison for money laundering as part of a multi-year scheme to embezzle
- [Is an Exchange of Money in A High Crime Area Enough for Probable Cause, Leading to Arrest and A Search and Seizure of Heroin?](https://www.criminalcivillawyer.com/is-an-exchange-of-money-in-a-high-crime-area-enough-for-probable-cause-leading-to-arrest-and-a-search-and-seizure-of-heroin/) - State v. Rivas Appellate Docket No.: A-5409-17T1 Decided December 2, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey whether a hand to hand exchange of money in a high crime area was enough for probable cause leading to arrest and a search and seizure
- [Drug Court - State of New Jersey Adult Drug Court Program-Participant Incentive and Sanction Charts](https://www.criminalcivillawyer.com/drug-court-state-of-new-jersey-adult-drug-court-program-participant-incentive-and-sanction-charts/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/State-of-New-Jersey-Adult-Drug-Court-Program-Participant-Incentive-and-Sanction-Charts.pdf" title="State of New Jersey Adult Drug Court Program-Participant Incentive and Sanction Charts"]
- [Predicate Acts of Domestic Violence Involving Physical Force Will Almost Always Lead to an Issuance of an FRO](https://www.criminalcivillawyer.com/predicate-acts-of-domestic-violence-involving-physical-force-will-almost-always-lead-to-an-issuance-of-an-fro/) - K.B. v. A.R. Docket No. A-0493-19T1 Decided November 30, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as a predicate act that involves violence is almost certain grounds to grant a Final Restraining
- [NEW JERSEY ATTORNEY GENERAL INSTRUCTS MUNICIPAL COURT PROSECUTORS TO ADJOURN CASES INVOLVING SMALL AMOUNTS OF MARIJUANA POSSESSION](https://www.criminalcivillawyer.com/new-jersey-attorney-general-instructs-municipal-court-prosecutors-to-adjourn-cases-involving-small-amounts-of-marijuana-possession/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 25, 2020, New Jersey’s Attorney General Gurbir Grewal provided guidance for prosecutors in relation to marijuana cases that are pending. This guidance came after New Jersey voters elected to amend the New Jersey Constitution to legalize marijuana. The Attorney General advised all municipal, county, and
- [If You Are Incarcerated on Pretrial Conditions, It Is Always Important to Be Mindful of a Change in Circumstances That Could Warrant Release](https://www.criminalcivillawyer.com/if-you-are-incarcerated-on-pretrial-conditions-it-is-always-important-to-be-mindful-of-a-change-in-circumstances-that-could-warrant-release/) - State v. Paul Docket No.: A-0599-20T6 Decided November 24, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed the requirements to modify pretrial conditions based on a change in circumstances. In State v. Paul, Defendant was charged in a February 26, 2019 complaint warrant with first-degree
- [Motor Vehicles Participating in Intrastate or Interstate Commerce May Be Held to Higher Insurance Requirements](https://www.criminalcivillawyer.com/motor-vehicles-participating-in-intrastate-or-interstate-commerce-may-be-held-to-higher-insurance-requirements/) - Rafanello v. Taylor-Esquivel Docket No.: A-4397-18T2 Decided November 23, 2020 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a trial court’s dismissal of a third party plaintiff Encompass Property & Casualty Insurance Company of America (Encompass) complaint against third party defendant American Millennium Insurance Company (AMIC)
- [Insurance Requirements for Commercial Vehicles In New Jersey Are Much Higher Than Those for Personal Private Use](https://www.criminalcivillawyer.com/insurance-requirements-for-commercial-vehicles-in-new-jersey-are-much-higher-than-those-for-personal-private-use/) - Rafanello v. Taylor-Esquivel Docket No.: A-4397-18T2 Decided November 23, 2020 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a trial court’s dismissal of a third party plaintiff Encompass Property & Casualty Insurance Company of America (Encompass) complaint against third party defendant American Millennium Insurance Company
- [Commercial Vehicle Accidents, Such as A Dump Truck, May Be Subject to Different Federal and State Regulations, Including Higher Insurance Requirements](https://www.criminalcivillawyer.com/commercial-vehicle-accidents-such-as-a-dump-truck-may-be-subject-to-different-federal-and-state-regulations-including-higher-insurance-requirements/) - Rafanello v. Taylor-Esquivel Docket No.: A-4397-18T2 Decided November 23, 2020 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a trial court’s dismissal of a third party plaintiff Encompass Property & Casualty Insurance Company of America (Encompass) complaint against third party defendant American Millennium Insurance Company
- [Police Can Request A Warrant to Track A Vehicle While Investigation Auto Thefts in High Crime Areas](https://www.criminalcivillawyer.com/police-can-request-a-warrant-to-track-a-vehicle-while-investigation-auto-thefts-in-high-crime-areas/) - State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a GPS tracking data retrieved from an auto theft investigation could be used to convict a murder suspect, not directly subject to the auto theft
- [If You Have Not Been Charged with a Crime, Police Do Not Have to Inform You If You Are Arrested or If You Are a Suspect](https://www.criminalcivillawyer.com/if-you-have-not-been-charged-with-a-crime-police-do-not-have-to-inform-you-if-you-are-arrested-or-if-you-are-a-suspect/) - State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a suspect’s statement made to police is admissible when he was wrongfully informed that he was not under arrest. In State v. Wade, a dark-colored
- [SOCIAL MEDIA POSTS IN DOMESTIC VIOLENCE RESTRAINING ORDER DECISIONS](https://www.criminalcivillawyer.com/social-media-posts-in-domestic-violence-restraining-order-decisions/) - Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Credibility is the single most important factor in a Judge’s decision to grant a Final Restraining Order (FRO). With these matters, there is often little or no evidence detailing that events other than your testimony. If social media contradicts your testimony or demeanor, or shows you
- [Why Is It So Hard To Test Whether Drivers Are Stoned?](https://www.criminalcivillawyer.com/why-is-it-so-hard-to-test-whether-drivers-are-stoned/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Law enforcement officials would love to have a clear way to tell when a driver is too drugged to drive. But the decades of experience the country has in setting limits for alcohol have turned out to be rather useless so far because the mind-altering compound in cannabis,
- [New Jersey halts in-person trials, grand jury proceedings due to COVID-19 surge](https://www.criminalcivillawyer.com/new-jersey-halts-in-person-trials-grand-jury-proceedings-due-to-covid-19-surge/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court on Monday suspended all in-person trials and grand jury proceedings due to a surge in COVID-19 cases. The order handed down by Chief Justice Stuart Rabner is effective immediately. It's the second time this year that the pandemic has halted in-person trials
- [Decrease in Alimony Granted as a Result of a Loss of Employment.](https://www.criminalcivillawyer.com/decrease-in-alimony-granted-as-a-result-of-a-loss-of-employment/) - P.J.W. v. E.B.W. Docket No. A-5308-18T3 Decided November 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony as a result of a loss of employment. In P.J.W., the parties divorced after 20 years of marriage.
- [NEW JERSEY LEGISLATURE PROPOSES BODY CAMERAS FOR ALL POLICE OFFICERS](https://www.criminalcivillawyer.com/new-jersey-legislature-proposes-body-cameras-for-all-police-officers/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On February 3, 2020, the Legislature introduced Senate, No. 1163, sponsored by Senator Shirley K. Turner, Assemblywoman Cleopatra G. Tucker and Assemblyman Herb Conaway, Jr. that requires body cameras to be worn by all New Jersey uniformed police officers. These include State, county, and municipal patrol law enforcement
- [South Jersey doctor, who lives at Shore, charged in billing fraud scheme](https://www.criminalcivillawyer.com/south-jersey-doctor-who-lives-at-shore-charged-in-billing-fraud-scheme/) - Vin Ebenau Published: November 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A pain management doctor, who also specializes in anesthesia, with practices in Central and South Jersey has been charged by U.S. Attorney Craig Carpenito for his alleged role in a multi-million billing fraud scheme. Dr. Morris Antebi, 68, of Long Branch has
- [Probable Cause: Smell of Marijuana | What happens in New Jersey the smell of weed is no longer considered Probable Cause?](https://www.criminalcivillawyer.com/probable-cause-smell-of-marijuana-what-happens-in-new-jersey-the-smell-of-weed-is-no-longer-considered-probable-cause/) - STATE OF NEW JERSEY v. PAUL K. EUSTACHE, Decided November 10, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Issue in case- Search without warrant The Rahway police department received an anonymous call that a white SUV had pulled into an apartment complex and described: “the driver was a black man with [dreadlocks], and
- [NEW JERSEY GOVERNOR MURPHY SIGNS NEW WORKERS COMPENSATION LAW AFFECTING HAND AND FOOT INJURIES](https://www.criminalcivillawyer.com/new-jersey-governor-murphy-signs-new-workers-compensation-law-affecting-hand-and-foot-injuries/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Signed October 30, 2020 Changes were made this year as to New Jersey’s Workers’ Compensation recovery for hand, foot and fingers injuries. Governor Phil Murphy recently signed legislation amending L 2019, c. 387 to clarify which cases the law would apply to. As far as the
- [NEW JERSEY VOTES TO LEGALIZE MARIJUANA – BUT IT’S NOT LEGAL YET!](https://www.criminalcivillawyer.com/new-jersey-votes-to-legalize-marijuana-but-its-not-legal-yet/) - SENATE INTRODUCES PROPOSED BILL Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 5, 2020, the 219th Legislature introduced Senate, No. 21, sponsored by Senators Nicholas P. Scutari and Stephen M. Sweeney, detailing a regulation structure for marijuana legalization. Most of the provisions of the proposed bill relate to establishing the oversight committees and
- [Nj Senate Proposed Marijuana Legislation 21_I1(1)](https://www.criminalcivillawyer.com/nj-senate-proposed-marijuana-legislation-21_i11/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/21_I11.pdf" title="21_I1(1)"]
- [In Some Cases, Evidence of an Anonymous Tip, Alone, Is Sufficient to Justify an Investigatory Stop, or a Terry Stop](https://www.criminalcivillawyer.com/in-some-cases-evidence-of-an-anonymous-tip-alone-is-sufficient-to-justify-an-investigatory-stop-or-a-terry-stop/) - State v. Kelly Appellate Docket No.: A-2614-18T1 Decided November 9, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey upheld a denial of a motion to suppress when an anonymous tip claiming two individuals with a handgun in a car in a high crime area was
- [Interim Guidance on Constitutional Amendment Legalizing Cannabis](https://www.criminalcivillawyer.com/interim-guidance-on-constitutional-amendment-legalizing-cannabis/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Marijuana-Referendum-11-4-2020-1.pdf" title="Marijuana Referendum 11-4-2020 (1)"]
- ['It Won't Happen Overnight': What's Next for Cannabis in NJ](https://www.criminalcivillawyer.com/it-wont-happen-overnight-whats-next-for-cannabis-in-nj/) - Sen. Nicholas Scutari said he hopes that by spring 2021, "the medical facilities will be able to start selling to the general public. I don’t see why they can’t." By Suzette Parmley | November 05, 2020 at 10:18 AM Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The ballot initiative to legalize adult-use cannabis in New Jersey passed easily
- [Cop Pulled Over Defendant Because He Was Black, No Reasonable Suspicion](https://www.criminalcivillawyer.com/cop-pulled-over-defendant-because-he-was-black-no-reasonable-suspicion/) - State v. Nyema Appellate Docket No.: A-0891-18T4 Decided November 5, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey overturned a denial of a motion to suppress when an officer investigating a robbery pulled over the defendant because three black males were in the car headed
- [The Officer Must Be Lawfully Present for the Plain View Exception to a Warrant Requirement:](https://www.criminalcivillawyer.com/the-officer-must-be-lawfully-present-for-the-plain-view-exception-to-a-warrant-requirement/) - State v. Williams Appellate Docket No.: A-40 Decided November 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court, without issuing a written opinion, affirmed a published Appellate Court decision overturning a denial of a motion to suppress when an officer saw weed in a boarding
- [Cofield Test: Four-Part Test for Extrinsic Evidence Being Introduced](https://www.criminalcivillawyer.com/cofield-test-four-part-test-for-extrinsic-evidence-being-introduced/) - State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately allowed defendant’s prior bad acts to be admitted in a case of sexual abuse against minors. In State v. Palao,
- [Joinder of Trials Should Not Override a Defendant’s Right to a Fair Trial](https://www.criminalcivillawyer.com/joinder-of-trials-should-not-override-a-defendants-right-to-a-fair-trial/) - State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately denied defendant’s request to sever separate counts of an indictment for a defendant that was accused of molesting three
- [Refusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal](https://www.criminalcivillawyer.com/refusing-to-provide-a-sample-for-a-breathalyzer-will-result-in-a-conviction-if-the-defendant-cannot-show-circumstances-of-the-refusal/) - State v. Harris Appellate Docket No.: A-5499-18T1 Decided October 26, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a brain tumor. In State v. Harris,
- [Expert Reports Must Be Based on Facts Contained in the Record and Must Fall Within the Scope of The Expert’s Criteria](https://www.criminalcivillawyer.com/expert-reports-must-be-based-on-facts-contained-in-the-record-and-must-fall-within-the-scope-of-the-experts-criteria/) - Salasevicius v. Cariddi Docket No.: A-4961-18T4 Decided October 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s dismissal of plaintiff’s personal injury complaint where he fell off a ladder working on defendant’s home, as he had failed to prove what caused the
- [Protective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful](https://www.criminalcivillawyer.com/protective-sweep-of-home-when-defendant-was-arrested-outside-the-home-may-be-unlawful/) - State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was
- [Legal Principles Can Be Linked to Social Media Posts If They Are Found in Conjunction with a Crime](https://www.criminalcivillawyer.com/legal-principles-can-be-linked-to-social-media-posts-if-they-are-found-in-conjunction-with-a-crime/) - State v. Scurry Appellate Docket No.: A-0377-18T1 Decided October 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial to exclude evidence of a video of the defendant rapping with original lyrics about stealing drugs and shooting someone in the head,
- [In the Matter of the Expungement Petition of R.B.T.](https://www.criminalcivillawyer.com/in-the-matter-of-the-expungement-petition-of-r-b-t/) - Appellate Docket No.: A-2454-19T2 Decided October 14, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a grating of an expungement application for a former municipal court judge that completed PTI after misappropriating fines. In Expungement of R.B.T., R.B.T. was a municipal court judge in
- [Why College Contribution and Agreement Language Must be Clearly Specified in a Property Settlement Agreement (PSA)](https://www.criminalcivillawyer.com/why-college-contribution-and-agreement-language-must-be-clearly-specified-in-a-property-settlement-agreement-psa/) - Dalena v. Dalena Docket No. A-0412-18T3 Decided October 13, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order for college contribution from the children’s father, Daniel, despite a strict interpretation of the parties Property Settlement Agreement (PSA) providing otherwise. In
- [GRAND JURIES TO RESUME, EXCLUDABLE TIME, AND DISCOVERY MODIFICATIONS FOR CRIMINAL DEFENDANTS IN LIGHT OF COVID-19](https://www.criminalcivillawyer.com/grand-juries-to-resume-excludable-time-and-discovery-modifications-for-criminal-defendants-in-light-of-covid-19/) - October 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its Ninth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. The updated provisions are as follows: Reinforcing that grand juries will be selected virtually, and confirming that before December 1, 2020 all
- [Award of Sole Custody, Equitable Distribution, Debt Allocation, Child Support, and Counsel Fee Award From a Default Hearing](https://www.criminalcivillawyer.com/award-of-sole-custody-equitable-distribution-debt-allocation-child-support-and-counsel-fee-award-from-a-default-hearing/) - K.M.L. v. R.J.L. Docket No. A-4423-18T3 Decided October 8, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s award of sole custody, equitable distribution, debt allocation, child support, and counsel fee award from a default hearing against the defendant. In K.M.L., plaintiff
- [Expanding Grand Juries; Excludable Time; Relaxing Pre-Indictment Discovery; Provisional New Pre-Indictment Hearing](https://www.criminalcivillawyer.com/expanding-grand-juries-excludable-time-relaxing-pre-indictment-discovery-provisional-new-pre-indictment-hearing/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/EXPANDING-GRAND-JURIESEXCLUDABLE-TIMERELAXING-PRE-INDICTMENT-DISCOVERYPROVISIONAL-NEW-PRE-INDICTMENT-HEARING.pdf" title="EXPANDING GRAND JURIES;EXCLUDABLE TIME;RELAXING PRE-INDICTMENT DISCOVERY;PROVISIONAL NEW PRE-INDICTMENT HEARING"]
- [The Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest](https://www.criminalcivillawyer.com/the-different-levels-of-information-officers-need-when-investigating-to-be-able-to-properly-make-an-arrest/) - State v. Macrae Appellate Docket No.: A-1303-18T2 Decided October 6, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification
- [PTI Denial where Defendant had Two Prior DUI's and Driving while Suspended](https://www.criminalcivillawyer.com/pti-denial-where-defendant-had-two-prior-duis-and-driving-while-suspended/) - State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a
- [How Out of Court and In-Court Identification of Defendant Can Require a New Trial](https://www.criminalcivillawyer.com/how-out-of-court-and-in-court-identification-of-defendant-can-require-a-new-trial/) - State v. Balloutine Appellate Docket No.: A-4894-17T4 Decided October 5, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification
- [Personal Injury Case Regarding Overpass Low Clearance and Signage Immunity](https://www.criminalcivillawyer.com/personal-injury-case-regarding-overpass-low-clearance-and-signage-immunity/) - Koehler v. Smith Docket No.: A-2414-18T4 Decided October 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether a private contractor was subject to traffic sign immunity when a bucket truck boom struck a low underpass that lacked low clearance signage causing injury to
- [Challenging the Trial Judge Erred by Denying His Motion to Dismiss Count One of the Indictment](https://www.criminalcivillawyer.com/challenging-the-trial-judge-erred-by-denying-his-motion-to-dismiss-count-one-of-the-indictment/) - State v. Decker Appellate Docket No.: A-3928-17T1 Decided September 29, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of defendant’s pretrial motion to dismiss a count of him being a leader of a gun trafficking unit. In State v. Decker,
- [Matrimonial Settlement Agreements Must Be Clear, In Writing, and Preferably Filed with the Court](https://www.criminalcivillawyer.com/matrimonial-settlement-agreements-must-be-clear-in-writing-and-preferably-filed-with-the-court/) - Figueroa v. Figueroa Docket No. A-0043-19T2 Decided September 28, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify the parties’ Matrimonial Settlement Agreement (MSA) because defendant did not read it before signing and failed to demonstrate
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- [State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020](https://www.criminalcivillawyer.com/state-v-alamilla-appellate-docket-no-a-5952-17t1-decided-september-23-2020/) - New Jersey Supreme Court Established bright line 'probable cause test" in 2015: State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana
- [What is Probable Cause in New Jersey and what is Lawful Interaction of Police?](https://www.criminalcivillawyer.com/what-is-probable-cause-in-new-jersey-and-what-is-lawful-interaction-of-police/) - State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted
- [What is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla](https://www.criminalcivillawyer.com/what-is-probable-cause-in-nj-and-what-is-lawful-interaction-on-behalf-of-police-state-v-alamilla/) - State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Another key to this decision is the standard of review by the appellate court, which is used in virtually every appellate appeal for trial court decisions. In order to be successful on appeal you must be aware
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- [Importance of Supplying an Updated Case Information Statement When Applying to Modify Child Support](https://www.criminalcivillawyer.com/importance-of-supplying-an-updated-case-information-statement-when-applying-to-modify-child-support/) - Curreri v. Curreri Docket No. A-1277-18T2 Decided September 22, 2020 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify child support, and denying a request for the defendant to supply an updated case information statement (CIS). In Curreri,
- [Be Careful When Challenging Alcotest Test Results | New Jersey DWI](https://www.criminalcivillawyer.com/be-careful-when-challenging-alcotest-test-results-new-jersey-dwi/) - State v. Meyer Appellate Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court. In State v. Meyer, defendant was involved in a three-car accident in Lacey Township that resulted in
- [BACHELOR WINNER CASSANDRA RANDOLPH FILES TEMPORARY RESTRAINING ORDER AGAINST THE BACHELOR COLTON UNDERWOOD](https://www.criminalcivillawyer.com/bachelor-winner-cassandra-randolph-files-temporary-restraining-order-against-the-bachelor-colton-underwood/) - Cassandra Rudolph v. Colton Underwood Filed September 11, 2020 Los Angeles Superior Court THIS BLOG DETAILS FACTS SURROUNDING A CASE IN LOS ANGELES, CALIFORNIA. PLEASE BE ADVISED THIS FIRM PRACTICES IN NEW JERSEY AND PENNSYLVANIA ONLY. IF YOU ARE SEEKING LEGAL ADVICE OUTSIDE OF NEW JERSEY OR PENNSYLVANIA, PLEASE CONTACT AN ATTORNEY IN YOUR STATE.
- [School Sports Injuries and Personal Injury Lawsuits - Must Show More Than the Ordinary Negligence Standard](https://www.criminalcivillawyer.com/school-sports-injuries-and-personal-injury-lawsuits-must-show-more-than-the-ordinary-negligence-standard/) - Patsaros v. Greater Egg Harbor Regional High School Docket No.: A-4573-18T2 Decided September 25, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether a high school wrestler who suffered a concussion while not wearing headgear in practice was able to recoup monetary damages from
- [Alimony and Child Support Modifications Must Be Put into Writing and Filed with the Court](https://www.criminalcivillawyer.com/alimony-and-child-support-modifications-must-be-put-into-writing-and-filed-with-the-court/) - Certo v. Certo Docket No. A-2004-18T2 Decided September 11, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to extend limited duration alimony despite plaintiff undergoing health issues and being denied Social Security disability (SSD), and a
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- [YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION](https://www.criminalcivillawyer.com/your-iphone-passcode-is-not-protected-by-5th-amendment-self-incrimination/) - State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State
- [Decision to Award Counsel Fees to a Defendant after a Plaintiff Failed to Obtain a Final Restraining Order (FRO)](https://www.criminalcivillawyer.com/decision-to-award-counsel-fees-to-a-defendant-after-a-plaintiff-failed-to-obtain-a-final-restraining-order-fro/) - E.H. v. K.H. Docket No. A-3623-18T1 Submitted by New Jersey Family Law Firm, Hark and Hark. Decided September 10, 2020 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In E.H., after six
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- [Lost your job to COVID 19? You might have relief from Alimony.](https://www.criminalcivillawyer.com/lost-your-job-to-covid-19-you-might-have-relief-from-alimony/) - Submitted by New Jersey Family Law Firm, Hark and Hark. COVID 19 has caused governments nationwide to shut down various sectors of the economy. In addition, the shutdowns, sickness, death and fear from coronavirus has caused even more businesses to shutdown or reduce their workforce. Many people, especially in New Jersey, have lost their jobs
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- [Can Recording Police Radio Transmissions, Possibly Containing Hearsay, Be Used to Convict a Defendant for Eluding?](https://www.criminalcivillawyer.com/can-recording-police-radio-transmissions-possibly-containing-hearsay-be-used-to-convict-a-defendant-for-eluding/) - State v. Worsley Appellate Docket No.: A-2958-17T2 Decided September 1, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether admission of recordings of police radio transmissions, possibly containing hearsay, used to convict a defendant for eluding. In State v. Worsley, defendant left a Long Branch bar
- [Personal Injury Case Involving Product Liability – Potentially Faulty Seatbelt](https://www.criminalcivillawyer.com/personal-injury-case-involving-product-liability-potentially-faulty-seatbelt/) - Reznik v. American Honda Motor Company Docket No.: A-5358-17T2 Decided September 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether failure to timely produce a liability expert report was appropriate grounds for granted defendant’s summary judgment motion and ultimately dismissing plaintiff’s product’s liability
- [Resolving Emancipation, Child Support Refund, and Money Owed to Other Party After Parties Engaged in Extensive Litigation in Years Prior](https://www.criminalcivillawyer.com/resolving-emancipation-child-support-refund-and-money-owed-to-other-party-after-parties-engaged-in-extensive-litigation-in-years-prior/) - Daniels v. Daniels Docket No. A-5001-17T3 Decided August 28, 2020 Submitted by New Jersey Family Law Practice, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling regarding emancipation, child support refund, and money owed to other party after parties engaged in extensive litigation in years prior following the
- [Can Phone Calls Made on A Recorded Line From Prison Could Be Used As Evidence To Convict A Defendant?](https://www.criminalcivillawyer.com/can-phone-calls-made-on-a-recorded-line-from-prison-could-be-used-as-evidence-to-convict-a-defendant/) - State v. Townsend Appellate Docket No.: A-5387-17T4 Decided August 28, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether of phone calls made on a recorded line from prison could be used as evidence to convict a defendant. In State v. Townsend, after a jury found
- [This is the Real Reward for Serving our Clients](https://www.criminalcivillawyer.com/this-is-the-real-reward-for-serving-our-clients/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Hurlock-James-Thank-you-letter-to-Michael.pdf" title="Hurlock, James – Thank you letter to Michael"]
- [Can an Inmate Could Cut His Sentence Short and Be Released Because of COVID-19 and a Worsening Health Condition?](https://www.criminalcivillawyer.com/can-an-inmate-could-cut-his-sentence-short-and-be-released-because-of-covid-19-and-a-worsening-health-condition/) - State v. Lopez Appellate Docket No.: A-3786-19T4 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether an inmate could cut his sentence short and be released because of COVID-19 and a worsening health condition. In State v. Lopez, Defendant sought to amend his
- [Does an Assault and Battery Exception Apply to Negligence in Allowing Assault and Battery to Occur?](https://www.criminalcivillawyer.com/does-an-assault-and-battery-exception-apply-to-negligence-in-allowing-assault-and-battery-to-occur/) - Estate of Pickett v. Moore’s Lounge Docket No.: A-2230-17T2 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a tavern’s assault and battery exception applied to the tavern’s alleged negligence in allowing assault and battery to occur. In Pickett, Plaintiff, Pickett and
- [Be Aware: Liability for Commercial Landowners and Duty to Maintain Adjacent Sidewalks](https://www.criminalcivillawyer.com/be-aware-liability-for-commercial-landowners-and-duty-to-maintain-adjacent-sidewalks/) - Nydia Bonefont v. Lam Properties, LLC Docket No.: A-4761-18T2 Decided August 24, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffery Hark. In a recent unpublished decision, the Appellate Division considered whether a commercial landowner had a duty to maintain sidewalk abutting and adjacent to its own sidewalk that cause plaintiff to fall and suffer
- [Expungements of Criminal Records Are Now Even Easier to Obtain In New Jersey](https://www.criminalcivillawyer.com/expungements-of-criminal-records-are-now-even-easier-to-obtain-in-new-jersey/) - August 19, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of June 15, 2020, New Jersey has updated its expungement law, under the “Clean Slate” provisions. The Clean Slate law provides: Drug-related offenses resulting in a conviction are considered Disorderly Persons offenses for purposes of expungements. Having more than one drug offense is
- [Can a Juvenile Be Tried as an Adult for Various Sex Crimes Against a Minor?](https://www.criminalcivillawyer.com/can-a-juvenile-be-tried-as-an-adult-for-various-sex-crimes-against-a-minor/) - State of New Jersey in the Interest of Z.S. Appellate Docket No.: A-3516-19T1 Decided August 18, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a waiver of a juvenile to be tried as an adult for various sex crimes against a minor. In Z.S.,
- [Is It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?](https://www.criminalcivillawyer.com/is-it-appropriate-for-the-trial-judge-to-sentence-probation-on-a-second-degree-graves-act-charge/) - State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police
- [Can Insufficient Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively?](https://www.criminalcivillawyer.com/can-insufficient-scientific-evidence-of-child-sexual-abuse-accommodation-syndrome-csaas-overturn-convictions-retroactively/) - State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was
- [Can a Complaint Be Filed for Personal Injury if the Plaintiff Dies Prior to Filing the Lawsuit?](https://www.criminalcivillawyer.com/can-a-complaint-filed-for-personal-injury-if-the-plaintiff-dies-prior-to-filing-the-lawsuit/) - Repko v. Our Lady of Lourdes Docket No.: A-2181-19T1 Decided August 13, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a complaint filed for personal injury could be amended by the estate although the plaintiff originally bringing the complaint had died prior the
- [YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINIATION](https://www.criminalcivillawyer.com/your-iphone-passcode-is-not-protected-by-5th-amendment-self-incriminiation/) - State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State v.
- [Defendants can be forced to turn over phone passcodes, N.J.’s highest court rules](https://www.criminalcivillawyer.com/defendants-can-be-forced-to-turn-over-phone-passcodes-n-j-s-highest-court-rules/) - State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State
- [Can Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively](https://www.criminalcivillawyer.com/can-scientific-evidence-of-child-sexual-abuse-accommodation-syndrome-csaas-overturn-convictions-retroactively/) - State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was
- [Motion to End College Contribution Requirement for Failure to Supply Financial Documentation](https://www.criminalcivillawyer.com/motion-to-end-college-contribution-requirement-for-failure-to-supply-financial-documentation/) - Coney v. Banks Docket No. A-1561-18T3 Decided August 4, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to
- [Kidnapping While a Sex Assault Occurred and a “Substantial Period”](https://www.criminalcivillawyer.com/kidnapping-while-a-sex-assault-occurred-and-a-substantial-period/) - State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a multi-count indictment
- [Kidnapping Under the Statute While a Sex Assault Occurred](https://www.criminalcivillawyer.com/kidnapping-under-the-statute-while-a-sex-assault-occurred/) - State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled
- [Guardianship of Incompetent or Handicap Individual](https://www.criminalcivillawyer.com/guardianship-of-incompetent-or-handicap-individual/) - Memorandum ISSUE: How does the court appoint a family member or guardian over another family member who is handicapped or incompetent? LAW: If the court finds that a person is incapacitated, the court must then independently determine whom to appoint as guardian. In making this determination, the court should consider the recommendations of the court-appointed
- [Constitutionality of a Warrantless Search and a Protective Sweep of a Residence](https://www.criminalcivillawyer.com/constitutionality-of-a-warrantless-search-and-a-protective-sweep-of-a-residence/) - State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer
- [State v. Hreha and Motions to Suppress](https://www.criminalcivillawyer.com/state-v-hreha-and-motions-to-suppress/) - State v. Hreha Appellate Docket No.: A-2744-19T3 Decided July 21, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division overturned a trial court’s suppression of evidence recovered from an overdose victim’s cellphone which included text message from defendant implicating him in a drug deal that led
- [State v. Davis | On the Pitfalls of Sharing a Lawyer](https://www.criminalcivillawyer.com/state-v-davis-on-the-pitfalls-of-sharing-a-lawyer/) - State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same
- [Contempt Charges for a Violation of Pre-Trial Release Under the Criminal Justice Reform Act](https://www.criminalcivillawyer.com/contempt-charges-for-a-violation-of-pre-trial-release-under-the-criminal-justice-reform-act/) - State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants' cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to
- [Reopen the Pre-Trial Detention of a Defendant Due to a Material Change in Circumstances](https://www.criminalcivillawyer.com/reopen-the-pre-trial-detention-of-a-defendant-due-to-a-material-change-in-circumstances/) - State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court's grant of defendant's motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged
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- [College Contribution Requirement in Divorce and Failure to Supply Financial Documentation](https://www.criminalcivillawyer.com/college-contribution-requirement-in-divorce-and-failure-to-supply-financial-documentation/) - Royster v. Royster Docket No. A-2715-18T3 Decided July 20, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to
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- [Constitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta](https://www.criminalcivillawyer.com/constitutionality-of-a-search-and-seizure-of-evidence-by-law-enforcement-state-v-kelly-pallanta/) - State v. Kelly-Pallanta: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant pled guilty to possession of methamphetamine with intent to distribute following the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. Defendant appealed the trial court's October 17, 2017 order denying his motion to suppress the
- [Hostile Work Environments and Workplace Harassment | Mason v. Saker ShopRites, Inc.](https://www.criminalcivillawyer.com/hostile-work-environments-and-workplace-harassment-mason-v-saker-shoprites-inc/) - Mason v. Saker ShopRites, Inc.: Submitted by New Jersey Civil Lawyer, Jeffrey Hark Plaintiff alleged her coworkers at ShopRite made sexually inappropriate comments and jokes during work, and that she saw another worker inappropriately touch her supervisor. She also contended that she reported her coworkers' theft of company property to a supervisor, and later later
- [The Constitutionality of a Pre-Trial Detention Based on Defendants' Immigration Status](https://www.criminalcivillawyer.com/the-constitutionality-of-a-pre-trial-detention-based-on-defendants-immigration-status/) - State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.
- [Constitutionality of the Seizure of Evidence by Law Enforcement](https://www.criminalcivillawyer.com/constitutionality-of-the-seizure-of-evidence-by-law-enforcement/) - State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and
- [Remote Trial Without the Consent Of Either Party During the COVID-19 Pandemic](https://www.criminalcivillawyer.com/remote-trial-without-the-consent-of-either-party-during-the-covid-19-pandemic/) - State v. D.E.: Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. The State appealed an order denying reconsideration of a verbal decision to schedule a trial date for defendant's remotely conducted domestic violence contempt trial in the Family Part, and the defendant joined in the State's application as well. Defendant was charged with two
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- [Drug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death](https://www.criminalcivillawyer.com/drug-dealer-guilty-of-first-degree-strict-liability-for-drug-induced-death/) - State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were
- [Violating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses](https://www.criminalcivillawyer.com/violating-the-right-to-speedy-trial-releases-defendants-convicted-of-violent-offenses/) - State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were
- [Motion To Terminate Or Modify Alimony and Child Support | Fiore v. Fiore](https://www.criminalcivillawyer.com/motion-to-terminate-or-modify-alimony-and-child-support-fiore-v-fiore/) - Fiore v. Fiore Docket No. A-4672-17T4 Decided July 6, 2020 Submitted by New Jersey Divorce Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay
- [Defendant’s Sixth Amendment Right to Confront A Witness | State v. Jackson](https://www.criminalcivillawyer.com/defendants-sixth-amendment-right-to-confront-a-witness-state-v-jackson/) - State v. Jackson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In November 2014, a man witnessed an individual exiting his home carrying his TV. When he entered his own home, the victim found his TV, computer, and video game console missing. The victim described the man carrying his TV to police and alleged his
- [Canine or Pet Inflicted Injuries To Third Parties: Freed v. Bastry](https://www.criminalcivillawyer.com/canine-or-pet-inflicted-injuries-to-third-parties-freed-v-bastry/) - Freed v. Bastry: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Plaintiff’s and defendant's dogs were playing with one another one day at a park, when suddenly, defendant’s dog ran into plaintiff while chasing plaintiff's dog at an off-leash dog area. Defendants' seven and one-half month-old puppy had not been spayed or neutered as
- [Pre-Trial Detention Appeals for Drug Related Offenses: State v. P.J.C.](https://www.criminalcivillawyer.com/pre-trial-detention-appeals-for-drug-related-offenses-state-v-p-j-c/) - State v. P.J.C.: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. After conducting a motor vehicle stop, a police officer smelled marijuana, and pursuant to the motor vehicle exception to the fourth amendment of the U.S. Constitution’s prohibition against illegal searches and seizures, searched the occupants. The passenger and driver said they had purchased
- [Reckless Driving and Eluding Law Enforcement Offenses: State v. Watson](https://www.criminalcivillawyer.com/reckless-driving-and-eluding-law-enforcement-offenses-state-v-watson/) - State v. Watson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In September 2016, a woman reported her car had been stolen from her boyfriend’s house and her two debit cards were missing. Store surveillance photos showed a person using one of the cards and leaving in a vehicle similar to the victim's. Police spotted
- [Restraining Order Opinion and Counsel Fees](https://www.criminalcivillawyer.com/restraining-order-opinion-and-counsel-fees/) - R.T. v. Z.S. Docket No. A-3738-18T3 Decided June 23, 2020 Submitted by the New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In R.T.,
- [Police and Firemen's Retirement System (PFRS) Board and Accidental Disability](https://www.criminalcivillawyer.com/police-and-firemens-retirement-system-pfrs-board-and-accidental-disability/) - Slater v. Bd. of Tr., Police & Firemen's Ret. Sys.: Submitted by New Jersey Workers' Compensation Lawyer, Jeffrey Hark. Petitioner appealed the final agency decision by the Police and Firemen's Retirement System (PFRS) Board denying her request for accidental disability benefits and instead awarding her ordinary disability benefits. The key issue in dispute is
- [NJ Supreme Court Decision State v. Greene](https://www.criminalcivillawyer.com/nj-supreme-court-decision-state-v-greene/) - State v. Greene Appellate Docket No.: A-96-18 Decided and June 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision by the Supreme Court of New Jersey, the Court reviewed whether a prosecutor who details evidence of a key witness to the jury, then the witness refuses to testify, prejudices the
- [9 Departments and Multiple Infractions for One New Jersey Police Officer](https://www.criminalcivillawyer.com/9-departments-and-multiple-infractions-for-one-new-jersey-police-officer/) - With no licenses that can be revoked and no database tracking their misconduct, officers in New Jersey are able to jump from agency to agency, even after they are fired. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark WOODLYNNE, N.J. — He left one department after failing to meet its standards. At another, he racked
- [Bite Mark Evidence Admissibility and Post-Conviction Relief | State v. Fortin](https://www.criminalcivillawyer.com/bite-mark-evidence-admissibility-and-post-conviction-relief-state-v-fortin/) - State v. Fortin Appellate Docket No.: A-5929-17T2 Decided and approved for publication June 22, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey reviewed a motion for post-conviction relief based on newly found evidence regarding the reliability of bitemark evidence following a sentence of life
- [HEALTHCARE SERVICES IN OFFICE PRACTICES](https://www.criminalcivillawyer.com/healthcare-services-in-office-practices/) - DCA Administrative Order No. 2020-07 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/DCA-AO-2020-07.pdf"]
- [Cumberland/ Gloucester/Salem Vicinage to Hold Virtual Program on Resolving Municipal Warrants June 29 in Sewell](https://www.criminalcivillawyer.com/cumberland-gloucester-salem-vicinage-to-hold-virtual-program-on-resolving-municipal-warrants-june-29-in-sewell/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Cumberland/Gloucester/Salem Vicinage will hold a virtual municipal warrant resolution program in Gloucester County at 9 a.m. on Monday, June 29 at the Volunteers of America Office, 900 Holly Dell Court, Sewell. The two-hour event, co-sponsored by the Judiciary, the Cumberland County Prosecutors Office and Volunteers of
- [Can a Landlord Be Liable for a Tenant's Crime if a Background Check Was Not Run on the Tenant?](https://www.criminalcivillawyer.com/can-a-landlord-be-liable-for-a-tenants-crime-if-a-background-check-was-not-run-on-the-tenant/) - The Estate of Campagna v. Pleasant Point Properties, LLC Docket No.: A-2989-18T1 Decided and Approved for Publication June 17, 2020 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered whether a landlord was required to perform criminal background checks on tenants to promote the safety
- [Wrongly Denied Entrance into PTI Under the Graves Act](https://www.criminalcivillawyer.com/wrongly-denied-entrance-into-pti-under-the-graves-act/) - State v. Andrews: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant alleged that he was arrested during a traffic stop in which police found a weapon defendant had purchased after being shot at by his girlfriend's ex-boyfriend. As a result, he was charged with second-degree weapons charges and fourth-degree possession of prohibited device. Defendant
- [Suppression of Evidence in Court When Wrongly Obtained / Illegal Search and Seizure](https://www.criminalcivillawyer.com/suppression-of-evidence-in-court-when-wrongly-obtained-illegal-search-and-seizure/) - State v. Calcott: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Defendant traveled on a private jet by himself carrying two leather briefcases and two rectangular containers, one three by four feet, the other slightly smaller. After speaking with defendant before departure, the pilot contacted the Drug Enforcement Administration (DEA) regarding his suspicion defendant
- [Custody Agreements, Child Support, Alimony and The Changed Circumstances Standard](https://www.criminalcivillawyer.com/custody-agreements-child-support-alimony-and-the-changed-circumstances-standard/) - L.P. v. J.H. Docket No. A-1967-18T4 Decided June 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay
- [Vehicle or Home Search Without a Warrant](https://www.criminalcivillawyer.com/vehicle-or-home-search-without-a-warrant/) - State v. Brown blog post 4 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied. Consent was unlawfully obtained after getting consent from a
- [Defendant’s Consent to Home Search Coerced after Traffic Stop](https://www.criminalcivillawyer.com/defendants-consent-to-home-search-coerced-after-traffic-stop/) - State v. Brown blog post 3 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied. Consent was unlawfully obtained after getting consent from a
- [Consent to Search Home for Drug Paraphernalia Unlawfully Obtained after Traffic Stop](https://www.criminalcivillawyer.com/consent-to-search-home-for-drug-paraphernalia-unlawfully-obtained-after-traffic-stop/) - State v. Brown blog post 2 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied. Consent was unlawfully obtained after getting consent from
- [Police Search Home for Drug Paraphernalia After Motor Vehicle Stop](https://www.criminalcivillawyer.com/police-search-home-for-drug-paraphernalia-after-motor-vehicle-stop/) - State v. Brown blog post 1 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied. Consent was unlawfully obtained after getting consent from
- [Negligence Which Caused Damage To Personal Property | Superstorm Sandy](https://www.criminalcivillawyer.com/negligence-which-caused-damage-to-personal-property-superstorm-sandy/) - Constantinopoulos v. Morgan Realty & Dev., LLC: Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Plaintiff owned a house across an estuary from defendants' marina. In October 2012, plaintiff's home was severely damaged by Superstorm Sandy. Plaintiff alleged that several boats from the marina struck his home. Plaintiff's expert found that damage to unsecured boats
- [New Jersey's Prescription Monitoring Program and Oxycodone Distribution Conspiracy](https://www.criminalcivillawyer.com/new-jerseys-prescription-monitoring-program-and-oxycodone-distribution-conspiracy/) - State v. Stoveken: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The pertinent issue in this case was whether a grand jury subpoena was sufficient to access prescription drug information maintained in New Jersey's Prescription Monitoring Program (PMP). Defendants, along with others, were involved in a conspiracy to distribute oxycodone. During an investigation of
- [NEW JERSEY COURTS POST-PANDEMIC PLAN TRANSITION FROM PHASE 1 (REMOTE OPERATIONS) TO PHASE 2 (LIMITED ONSITE PRESENCE AND IN-PERSON COURT EVENTS)](https://www.criminalcivillawyer.com/new-jersey-courts-post-pandemic-plan-transition-from-phase-1-remote-operations-to-phase-2-limited-onsite-presence-and-in-person-court-events/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/NEW-JERSEY-COURTS-POST-PANDEMIC-PLANTRANSITION-FROM-PHASE-1-REMOTE-OPERATIONS-TO-PHASE-2-LIMITED-ONSITE-PRESENCE-AND-IN-PERSON-COURT-EVENTS.pdf" title="NEW JERSEY COURTS POST-PANDEMIC PLANTRANSITION FROM PHASE 1 (REMOTE OPERATIONS) TO PHASE 2 (LIMITED ONSITE PRESENCE AND IN-PERSON COURT EVENTS)"]
- [The Importance of Accurately Reporting your Income and Financial Status in Divorce](https://www.criminalcivillawyer.com/the-importance-of-accurately-reporting-your-income-and-financial-status-in-divorce/) - Troncoso v. Zamel Docket No. A-3315-18T3 Decided June 9, 2020 Submitted by New Jersey Divorce Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay
- [TRO Leading to Search Warrant And Weapons Charges Vacated For Destruction Of Evidence.](https://www.criminalcivillawyer.com/tro-leading-to-search-warrant-and-weapons-charges-vacated-for-destruction-of-evidence/) - State v. J.L. Appellate Docket No.: A-2859-18T4 Decided June 5, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction where a telephonic Temporary Restraining Order (TRO) hearing led to a search warrant for firearms under the Prevention
- [Final Restraining Order (FRO) Against A Defendant Who Lived Out of The State of New Jersey](https://www.criminalcivillawyer.com/final-restraining-order-fro-against-a-defendant-who-lived-out-of-the-state-of-new-jersey/) - D.C. v. E.C. Docket No. A-3462-18T4 Decided June 3, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision, the Appellate Division reviewed a decision to grant a final restraining order (FRO) against a defendant who lived out of the State of New Jersey, and who did not have
- [Samol v. Vanlaningham and Respondeat Superior Liability](https://www.criminalcivillawyer.com/samol-v-vanlaningham-and-respondeat-superior-liability/) - Samol v. Vanlaningham: Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark. The facts of this case are as follows: One morning in March 2016, defendant Ryan P. Vanlaningham left for work at his part-time job at Party City in Bridgewater. A high school student, Vanlaningham, was operating his mother's vehicle. The store
- [CRIMINAL - AMENDMENTS TO COURT RULE 3:4-2](https://www.criminalcivillawyer.com/criminal-amendments-to-court-rule-34-2/) - ("FIRST APPEARANCE AFTER FILING COMPLAINT; PREHEARING RIGHTS ADVISEMENT") [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/CRIMINAL-AMENDMENTS-TO-COURT-RULE-3-4-2.pdf" title="CRIMINAL – AMENDMENTS TO COURT RULE 3-4-2"]
- [Notice to Bar - Workers’ Comp. Courts Closed to Public until June 29, 2020 (COVID-19)](https://www.criminalcivillawyer.com/notice-to-bar-workers-comp-courts-closed-to-public-until-june-29-2020-covid-19/) - All N.J. Workers’ Compensation Courts shall continue to be closed to the public and to non-essential court personnel until Monday, June 29, 2020. Judges of Compensation shall continue to hear as many workers’ compensation matters as possible by telephonic and video conferencing, including emergent and non-emergent matters, such as, trials, pre-trial conferences, motions for medical
- [Second or Subsequent DUI Violation and Precisely Defining Any Probationary Terms](https://www.criminalcivillawyer.com/second-or-subsequent-dui-violation-and-precisely-defining-any-probationary-terms/) - State v. Chavarria: Submitted by New Jersey DUI Lawyer, Jeffrey Hark. Defendant, Chavarria, originally entered negotiated guilty pleas to two counts of driving with a license suspended for a second or subsequent DUI violation, DUI, and refusing to provide a breath sample. In accordance with the plea agreement, the trial court sentenced him to an
- [What Constitutes Reasonable Suspicion for A Motor Vehicle Stop](https://www.criminalcivillawyer.com/what-constitutes-reasonable-suspicion-for-a-motor-vehicle-stop/) - State v. Vargas Appellate Docket No.: A-1998-18T4 Decided June 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Vargas, the Defendant Ramon L. Vargas was indicted for second-degree unlawful possession of
- [Final Restraining Orders Even Easier to Obtain In Modern New Jersey](https://www.criminalcivillawyer.com/final-restraining-orders-even-easier-to-obtain-in-modern-new-jersey/) - June 2, 2020 C.C. v. J.A.H. Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 S.C. v. J.D. Docket No. FV-13-1110-19 Decided March 21, 2019 Approved for publication May 7, 2020 Submitted by New Jersey
- [Slip and Fall Injury: Landlord and Non-Delegable Duty to Remove Snow and Ice](https://www.criminalcivillawyer.com/slip-and-fall-injury-landlord-and-non-delegable-duty-to-remove-snow-and-ice/) - Shields v. Ramslee Motors Docket No.: A-53 Decided January 23 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable duty to remove the snow
- [Landlord / Tenant Slip and Fall On Ice, Who is Responsible for Removal?](https://www.criminalcivillawyer.com/landlord-tenant-slip-and-fall-on-ice-who-is-responsible-for-removal/) - Underhill v. Borough of Caldwell Docket No.: A-1800-18T4 Decided and Approved for Publication May 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable
- [In the Matter of the Estate of James J. Gillette](https://www.criminalcivillawyer.com/in-the-matter-of-the-estate-of-james-j-gillette/) - Docket No. A-3739-18T4 Decided May 22, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed the validity of a prenuptial agreement (“prenup”) after a husband, worth millions, passed away. In Gillette, husband and wife entered into a prenuptial agreement prior to their marriage. Both
- [Agreements in Family Court Subject to Judicial Intervention](https://www.criminalcivillawyer.com/agreements-in-family-court-subject-to-judicial-intervention/) - Stanton v. Sembrat Docket No. A-5389-18T3 Decided May 22, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed $3,800 taken from a worker’s compensation settlement and placed to child support arrears, despite an agreement between the parties that defendant did not have to pay
- [Ambiguity in Auto Insurance Policy Coverage and Personal Injury](https://www.criminalcivillawyer.com/ambiguity-in-auto-insurance-policy-coverage-and-personal-injury/) - Falk v. Donovan Docket No.: A-4236-18T4 Decided May 22, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial judge’s decision to allow plaintiff coverage under the owner of the vehicle’s underinsured motorists coverage (UIM) of $500,000 when plaintiff’s own UIM policy was only
- [MUNICIPAL COURTS -- EXPANSION AND UPDATE OF STATEWIDE VIOLATIONS BUREAU SCHEDULE (DIRECTIVE #15-20)](https://www.criminalcivillawyer.com/municipal-courts-expansion-and-update-of-statewide-violations-bureau-schedule-directive-15-20/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/MUNICIPAL-COURTS-EXPANSION-AND-UPDATE-OF.pdf" title="MUNICIPAL COURTS — EXPANSION AND UPDATE OF"]
- [FINAL RESTRAINING ORDERS EASIER TO OBTAIN IN MODERN NEW JERSEY](https://www.criminalcivillawyer.com/final-restraining-orders-easier-to-obtain-in-modern-new-jersey/) - Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. C.C. v. J.A.H Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 Recent decisions by the Appellate Division have shown a trend towards favoring plaintiffs/victims when
- [Final Restraining Order Dismissed Though the Plaintiff was Physically Assaulted](https://www.criminalcivillawyer.com/final-restraining-order-dismissed-though-the-plaintiff-was-physically-assaulted/) - P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was properly dismissed although the plaintiff was physically assaulted, the parties lacked a history of domestic violence. In P.E.O., the
- [Final Restraining Order with Lack of Domestic Violence History Between the Parties.](https://www.criminalcivillawyer.com/final-restraining-order-with-lack-of-domestic-violence-history-between-the-parties/) - N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether Final Restraining Order (FRO) was entered properly against defendant without having a history of domestic violence between the parties. In N.D., the plaintiff and
- [SECOND OMNIBUS ORDER ON COURT OPERATIONS AND LEGAL PRACTICE](https://www.criminalcivillawyer.com/second-omnibus-order-on-court-operations-and-legal-practice/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/SECOND-OMNIBUS-ORDER-ON-COURT-OPERATIONS-AND-LEGAL.pdf" title="SECOND OMNIBUS ORDER ON COURT OPERATIONS AND LEGAL"]
- [Alimony Award with Significant Earner](https://www.criminalcivillawyer.com/alimony-award-with-significant-earner/) - IPPOLITO V. IPPOLITO Submitted by New Jersey Family Law Firm, Hark and Hark. Docket No. A-1071-16T4 Decided May 8, 2020 In a recent unpublished decision, Ippolito v. Ippolito, the Appellate Division reviewed an open duration alimony award of $960,000 annually, imputing income to Husband at $2,500,000 per year, among other issues in the divorce. In
- [Gormley v Gormley | NJLJ Daily Decision Alert: May 6, 2020](https://www.criminalcivillawyer.com/gormley-v-gormley-njlj-daily-decision-alert-may-6-2020/) - GORMLEY V. GORMLEY Docket No. A-1428-18T4 Approved for Publication May 5, 2020 Decided December 26, 2019 Submitted by New Jersey Child Custody Law Firm, Hark and Hark. In a recent decision approved for publication, Gormley v. Gormley, the Appellate Division overturned a decision by the trial court that imputed income to an individual declared disabled
- [S.M. v. J.M. | NJLJ Daily Decision Alert: May 5, 2020](https://www.criminalcivillawyer.com/s-m-v-j-m-njlj-daily-decision-alert-may-5-2020/) - S.M. v. J.M. Docket No. A-2190-18T1 Decided May 6, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered a Final Restraining Order (FRO) was entered properly against plaintiff and whether plaintiff’s Temporary Restraining Order (TRO) was properly dismissed against defendant. In S.M., the
- [Texting Alone Creates A Dating Relationship in Domestic Violence](https://www.criminalcivillawyer.com/texting-alone-creates-a-dating-relationship-in-domestic-violence/) - C.C. v. J.A.H Docket No. A-4425-18T3 Decided May 4, 2020 Submitted by New Jersey Domestic Violence Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division considered whether in-person contact that only occurred at the gym, 1300 text messages, and no dates, holding hands, or sexual contact between the parties constituted a
- [State v. Gayle | Post-Conviction Relief Motion](https://www.criminalcivillawyer.com/state-v-gayle-post-conviction-relief-motion/) - State v. Gayle Appellate Docket No.: A-1332-18T2 Decided May 1, 2020 And Appellate Docket No. A-0575-14T4 Decided Mar 17, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a pair of unpublished opinion, the Appellate Division of New Jersey heard argument on the issues of admissibility of a device police used that can track
- [Sentencing Guidance During the COVID-19 Pandemic](https://www.criminalcivillawyer.com/sentencing-guidance-during-the-covid-19-pandemic/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Sentencing-Guidance-During-the-COVID-19-Pandemic.pdf" title="Sentencing Guidance During the COVID-19 Pandemic"]
- [Principles and Protocols for Virtual Court Operations During the COVID-19 Coronavirus Pandemic](https://www.criminalcivillawyer.com/principles-and-protocols-for-virtual-court-operations-during-the-covid-19-coronavirus-pandemic/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Principles-and-Protocols-for-Virtual-Court-Operations-During-the-COVID-19-Coronavirus-Pandemic.pdf" title="Principles and Protocols for Virtual Court Operations During the COVID-19 Coronavirus Pandemic"]
- [Facebook and Privacy in Personal Injury Cases](https://www.criminalcivillawyer.com/facebook-and-privacy-in-personal-injury-cases/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Opposing party access to Facebook and social media accounts in litigation, especially in personal injury cases, is a very troubling reality for some plaintiffs. A pair of court cases below cover the issue of what is necessary for an opposing party to gain full access to
- [Muni Court to begin May 11th by phone and video](https://www.criminalcivillawyer.com/muni-court-to-begin-may-11th-by-phone-and-video/) - The administrative director of the courts promulgated a notice to the bar that sets forth a plan to slowly reopen the courts using available technology. Municipal Courts will be open on May 11th by video and phone. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/April24ORDER.pdf"]
- [Estate of Gonzalez v. Jersey City](https://www.criminalcivillawyer.com/estate-of-gonzalez-v-jersey-city/) - Appellate Docket No.: A-5751-17T2 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a dismissed complaint brought against police who left a pedestrian at a scene where the pedestrian was later struck and killed by a car. In Gonzalez,
- [COVID-19- UPDATED GUIDANCE ON REMOTE PROCEEDINGS IN THE TRIAL COURTS](https://www.criminalcivillawyer.com/covid-19-updated-guidance-on-remote-proceedings-in-the-trial-courts/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/COVID-19-UPDATED-GUIDANCE-ON-REMOTE-PROCEEDINGS-IN-THE-TRIAL.pdf" title="COVID-19- UPDATED GUIDANCE ON REMOTE PROCEEDINGS IN THE TRIAL"]
- [N.J. has charged more than 1,700 for violating stay-at-home orders but just a handful of citations have been issued in Pa.](https://www.criminalcivillawyer.com/n-j-has-charged-more-than-1700-for-violating-stay-at-home-orders-but-just-a-handful-of-citations-have-been-issued-in-pa/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. When two guitarists allegedly held a cover concert of Pink Floyd’s greatest hits on a porch in Rumson, N.J., on April 4, a simple hey you! from the cops didn’t get the crowd of about 30 to disperse. The band kept playing and the crowd kept swaying
- [Retirement and Alimony Obligation Reduction](https://www.criminalcivillawyer.com/retirement-and-alimony-obligation-reduction/) - Landers v. Landers Docket No. A-1798-18T1 Decided April 20, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division reviewed a court ordered reduction of alimony to $500 per month as a result of retirement, despite defendant having $1.7 million net worth, while plaintiff’s income was
- [Bowens v. Bowens - Reduce Alimony and Child Support On Changed Circumstances](https://www.criminalcivillawyer.com/bowens-v-bowens-reduce-alimony-and-child-support-on-changed-circumstances/) - Bowens v. Bowens Docket No. A-4081-18T2 ------- Decided March 6, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division reviewed a denial of a post-judgment matrimonial motion to reduce alimony and child support on changed circumstances related to the party seeking to reduce his child
- [Emergency and Unexpected Judiciary Court Closings](https://www.criminalcivillawyer.com/emergency-and-unexpected-judiciary-court-closings/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of March 18, 2020 and until further notice, there are no in-person Superior Court and Tax Court proceedings (except for extremely limited emergent matters and certain ongoing trials). As many matters as possible (including case management conferences, motions, and hearings) will be handled by telephone or
- [COVID-19 emergency speeding tickets](https://www.criminalcivillawyer.com/covid-19-emergency-speeding-tickets/) - After March 12, 2020, Did you take your exotic vehicle out on the road? Have you received a traffic ticket for driving more than 100 mph in the last 30 days during the COVID-19 emergency? The Law Office of Hark & Hark handles all municipal court and Superior court traffic matters, reckless driving, vehicles homicide
- [Fisher v. Yum Yum Bagel](https://www.criminalcivillawyer.com/fisher-v-yum-yum-bagel/) - Fisher v. Yum Yum Bagel Appellate Docket No.: A-0818-18T2 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of barring a plaintiff’s expert report for failing to prove causation. In Fisher, the plaintiff was walking toward her residence when her
- [JUSTICE V. MARINO](https://www.criminalcivillawyer.com/justice-v-marino/) - JUSTICE V. MARINO Docket No. A-5520-18T1 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division heard argument on a request to set aside a Family Part Order changing custody. In Justice, plaintiff and defendant were married and had one child, a son born in 2009, before
- [Doherty v. Doherty](https://www.criminalcivillawyer.com/doherty-v-doherty/) - Doherty v. Doherty Submitted by New Jersey Family Law Firm, Hark and Hark. Docket No. A-2016-18T4 In an unpublished decision, the Appellate Division recently took on an issue of jurisdiction as it relates to enforceability of a Property Settlement Agreement (PSA). The parties signed a PSA three years prior to plaintiff filing a complaint for
- [Recognizing the Signs of Child Abuse and Promoting Safe Activities During Quarantine](https://www.criminalcivillawyer.com/recognizing-the-signs-of-child-abuse-and-promoting-safe-activities-during-quarantine/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. April is Child Abuse Prevention Month and the Camden County Prosecutor’s Office is working to help educate on the signs of child abuse and resources available. “Family members, teachers, counselors, and other adults are typically the people who would see the signs of child abuse and voice
- [Temporary restraining orders and final restraining orders](https://www.criminalcivillawyer.com/temporary-restraining-orders-and-final-restraining-orders/) - J.F. v. L.F. Appellate Docket No.: A-4735-18T3; and J.M. v. D.W. Appellate Docket No. A-4626-18T3. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a pair of unpublished opinions, the Appellate Division of New Jersey heard argument on the issue of the imposition of a final restraining order. In J.F. v. L.F., both parties
- [New York Court System Plans to Relax Coronavirus Restrictions](https://www.criminalcivillawyer.com/new-york-court-system-plans-to-relax-coronavirus-restrictions/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New York’s court system plans to thaw out its coronavirus restrictions, saying it will take initial steps to open up the courts for pending nonessential cases starting Monday. Chief Administrative Judge Lawrence Marks made the announcement in a memorandum this week to trial court judges and justices. The state
- [Electronic Filing Expanded in Family Court](https://www.criminalcivillawyer.com/electronic-filing-expanded-in-family-court/) - Submitted by New Jersey Family Law Practice, Hark and Hark. [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/Electronic-Filing-Expanded-in-Family-Court.pdf" title="Electronic Filing Expanded in Family Court"] Read the official court document here: Electronic Filing Expanded in Family Court
- [NJ Supreme Court Notice of Time Delays](https://www.criminalcivillawyer.com/nj-supreme-court-notice-of-time-delays/) - [pdf-embedder url="https://www.criminalcivillawyer.com/wp-content/uploads/NJ-supreme-court-notice-of-time-delays.pdf" title="NJ supreme court notice of time delays"] Read the official court document here: NJ supreme court notice of time delays
- [Wean v. U.S. Home Corp. - Proximate Causation in Mold Exposure](https://www.criminalcivillawyer.com/wean-v-u-s-home-corp-proximate-causation-in-mold-exposure/) - Appellate Docket No.: A-5521-17T3 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an proximate causation in relation to mold exposure. In Wean v. U.S. Home Corp., the Plaintiff bought a townhome. Prior to closing on the townhome, Plaintiff
- [State v. Barnes](https://www.criminalcivillawyer.com/state-v-barnes/) - Appellate Docket No.: A-0659-18T4 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Barnes, the Defendant was indicted for third-degree possession of heroin, N.J.S.A.2C:35-10(a)(1); second-degree possession of heroin, with the intent to
- [State v. T.B.](https://www.criminalcivillawyer.com/state-v-t-b/) - Appellate Docket No.: A-2417-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an application by a Defendant for post-conviction relief (PCR). In State v. T.B., the Defendant assaulted his girlfriend in her apartment during an argument. He repeatedly punched
- [State v. Reyes](https://www.criminalcivillawyer.com/state-v-reyes/) - Appellate Docket No.: A-0182-18T2 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issues of reasonable suspicion and unlawful search and seizure. In State v. Reyes, the Grand Jury indicted defendant for possession of heroin, contrary to N.J.S.A. 2C:35-10(a)(1), and possession
- [State v. Cliver](https://www.criminalcivillawyer.com/state-v-cliver/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Appellate Docket No.: A-0150-19T4 In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a Defendant’s application into Pretrial Intervention (PTI). In State v. Cliver, the Defendant was accused of fondling the penis of a boy under the age of thirteen
- [Attorneys Who Handled Nurse's 2014 NJ Ebola Quarantine Talk Coronavirus Claims](https://www.criminalcivillawyer.com/attorneys-who-handled-nurses-2014-nj-ebola-quarantine-talk-coronavirus-claims/) - Norman Siegel and Steven Hyman, who represented Kaci Hickox in legal fights against the state of New Jersey and others over a 2014 quarantine order for Ebola, predicted that few civil liberty claims filed over coronavirus restrictions would hold up in court. Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Attorneys who previously worked on
- [New Jersey Workers’ Comp Courts Set for Limited Reopening April 6th](https://www.criminalcivillawyer.com/new-jersey-workers-comp-courts-set-for-limited-reopening-april-6th/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. The New Jersey Workers’ Compensation court calendars were suspended March 17, 2020 through April 3, 2020. On Monday, March 30, 2020, the Director of the Division of Workers’ Compensation, Hon. Russell Wojtenko, Jr. advised in a Notice to the Bar that a limited reopening will occur on Monday,
- [Haddonfield Lawyer Gets 6-Month Suspension for Neglect, Misrepresentation in Divorce Case](https://www.criminalcivillawyer.com/haddonfield-lawyer-gets-6-month-suspension-for-neglect-misrepresentation-in-divorce-case/) - The lawyer failed to answer discovery requests and failed to serve her own discovery requests within the allotted time. Submitted by New Jersey Family Law Attorney, Jeffrey Hark. The New Jersey Supreme Court has imposed a six-month suspension on Haddonfield attorney Susan Lowden for lying to a client about the status of his case in
- [How NJ Prosecutors Are Using Criminal Charges Against Coronavirus Order Violations](https://www.criminalcivillawyer.com/how-nj-prosecutors-are-using-criminal-charges-against-coronavirus-order-violations/) - “I’ve established a statewide network of prosecutors to advise police on how to pursue these charges,” Attorney General Gurbir Grewal said. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Ensuring 9 million residents are staying home in the nation’s most densely populated state during a global pandemic is a daunting task by all accounts. So
- [Supreme Court Order Extends COVID-19 -Related Suspensions of Court Proceedings and Other Matters](https://www.criminalcivillawyer.com/supreme-court-order-extends-covid-19-related-suspensions-of-court-proceedings-and-other-matters/) - The Supreme Court issued an order today extending the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by coronavirus COVID-19. The order extends by 30 days the provisions set forth in previous orders involving criminal, civil, family, tax and municipal courts. It also continues
- [Jurisdiction for Child Support is Established Upon Conception](https://www.criminalcivillawyer.com/jurisdiction-for-child-support-is-established-upon-conception/) - Hudson County Department of Family Services v. Mateo New Jersey Family Law submission by Hark and Hark. In an unpublished decision, the Appellate Division recently took on an issue of jurisdiction as it relates to child support and a potential father living out of the State of New Jersey. In Hudson County Department of Family
- [SUPREME COURT OF NEW JERSEY - Statement on COVID-19 and court policy](https://www.criminalcivillawyer.com/supreme-court-of-new-jersey-statement-on-covid-19-and-court-policy/) - SUPREME COURT OF NEW JERSEY In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary continues to implement all possible measures to apply social distancing in court operations consistent with the recommendations of the New Jersey Department of Health ("NJ DOH") and the Centers
- [State v. Miller](https://www.criminalcivillawyer.com/state-v-miller/) - State v. Miller A-2457-17T1 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion State v. Miller, the Appellate Division decided several important legal issues involving protection of the Fourth Amendment to the United States’ Constitution against unlawful search and seizure. In State v. Miller, police recognized an individual sitting on outdoor
- [Butler v. Rainey](https://www.criminalcivillawyer.com/butler-v-rainey/) - Butler v. Rainey: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Liberty Mutual Insurance Company and Wausau Underwriters Insurance Company (Defendants/Insurers) sought partial summary judgment in action over an automobile accident. Plaintiff asserted insurers issued a policy to her which included PIP benefits. The insurers argued New Jersey law required alternative dispute resolution for
- [News release: New Jersey Worker’s Compensation and personal injury emergency](https://www.criminalcivillawyer.com/news-release-new-jersey-workers-compensation-and-personal-injury-emergency/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Amazon Wayfare, supermarkets, drug stores, emergency responders, police fire, all essential employees: this is a specific message/news flash for you if you were injured on the job in the last few days or weeks will become injured in the immediate near future. If you are injured
- [Emergent Family Matters During COVID-19](https://www.criminalcivillawyer.com/emergent-family-matters-during-covid-19/) - Submitted by New Jersey Family Lawyer, Jeffrey Hark. The COVID-19 crisis has caused for the temporary suspension of most in-person Court proceedings in the State of New Jersey. Family Courts in particular are attempting to manage the Coronavirus situation remotely. Divorces and motion hearings for custody, alimony, child support, and parenting time are being handled
- [Supremes order release of muni court inmates due to virus threat](https://www.criminalcivillawyer.com/supremes-order-release-of-muni-court-inmates-due-to-virus-threat/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Muni-mail [March 23, 12:32pm est] - By a consent order signed this morning, the Supreme Court has ordered the release from county jails municipal court-sentenced inmates and others who are serving jail sentences as a condition of probation. This action was taken to mitigate the danger of
- [Court Closed Because of COVID-19? Remote Mediation is Available!](https://www.criminalcivillawyer.com/court-closed-because-of-covid-19-remote-mediation-is-available/) - COVID-19 has New Jersey government shutting down non-essential businesses and government entities. The Family Courts are not immune to these Coronavirus measures. As of now, only emergent matters are being considered by the Family Courts. Divorce, alimony, child support, parenting time, and other matters are being handled slowly, and some are being postponed until the
- [Child Support and Alimony Modifications During COVID-19](https://www.criminalcivillawyer.com/child-support-and-alimony-modifications-during-covid-19/) - Submitted by New Jersey Family Law Attorney, Jeffrey Hark. The COVID-19 pandemic has caused significant economic strife to the world economy. The impact has reached the United States and the State of New Jersey. We are seeing a stock market plummet and an economic shutdown while governments scramble to combat the Coronavirus. Many people are
- [State v. Rustin](https://www.criminalcivillawyer.com/state-v-rustin/) - State v. Rustin Appellate Docket No.: A-2241-18T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of the ability to suppress video evidence that was obtained by police through a private third party. In State v. Rustin, police responded to reports
- [Custody Exchanges During COVID-19](https://www.criminalcivillawyer.com/custody-exchanges-during-covid-19/) - Submitted by New Jersey Family Law Attorney, Jeffrey Hark. For those parents under Court Order or agreement to conduct child custody exchanges regularly, the COVID-19 crisis complicates matters. Are you in violation of a Court Order or parenting time agreement if you refuse to partake in a custody exchange because of fear of contracting the
- [Request to Commute or Suspend Certain County Jail Sentences](https://www.criminalcivillawyer.com/request-to-commute-or-suspend-certain-county-jail-sentences/) - https://www.criminalcivillawyer.com/wp-content/uploads/Request-to-Commute-or-Suspend-Certain-County-Jail-Sentences.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This matter having come before the Court on the request for relief by the Office of the Public Defender (see attached letter dated March 19, 2020), seeking the Court’s consideration of a proposed Order to Show Cause (see attached) designed to commute or suspend county jail
- [Executive Order directs businesses, including law firms, to operate with limited in-office operations; urges workforces to telework](https://www.criminalcivillawyer.com/executive-order-directs-businesses-including-law-firms-to-operate-with-limited-in-office-operations-urges-workforces-to-telework/) - By NJSBA Staff posted yesterday Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Gov. Phil Murphy ordered all non-essential retail businesses in New Jersey to close by 9 p.m. tonight in hopes of slowing the spread of COVID-19. Murphy issued an executive order today that directs almost all residents of the state to stay at
- [New Jersey Suspension of Workers' Compensation Court due to COVID19](https://www.criminalcivillawyer.com/new-jersey-suspension-of-workers-compensation-court-due-to-covid19/) - Read the full memo here.
- [NEW JERSEY COURT OPERATIONS – COVID-19 CORONAVIRUS:](https://www.criminalcivillawyer.com/new-jersey-court-operations-covid-19-coronavirus/) - RESCHEDULING OF IN-COURT PROCEEDINGS SCHEDULED FOR THE WEEK BEGINNING MONDAY, MARCH 16, 2020; CONTINUATION OF ALL CRITICAL FUNCTIONS This notice announces additional statewide steps by the New Jersey courts to address the ongoing public health crisis surrounding the COVID-19 coronavirus. These actions are taken in consultation with the New Jersey Department of Health to protect
- [State v. Pierre](https://www.criminalcivillawyer.com/state-v-pierre/) - Docket No. A-0634-19T6 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant was arrested on September 19, 2019, and charged with disorderly-persons resisting arrest, N.J.S.A. 2C:29-2(a)(1), and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1). The next day, the State moved for pretrial detention. To establish probable cause at the detention hearing, the State relied only on the
- [Chief Justice Rabner Announces Two-Week Suspension of Municipal Court Sessions](https://www.criminalcivillawyer.com/chief-justice-rabner-announces-two-week-suspension-of-municipal-court-sessions/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Municipal court sessions will be suspended for two weeks, beginning Monday, to mitigate public exposure to COVID-19 coronavirus, Chief Justice Stuart Rabner announced today. For the two-week period from Monday, March 16 to Friday, March 27, individuals scheduled to appear before a Municipal Court to contest a
- [What is "Negligence" for the purpose of a car crash"](https://www.criminalcivillawyer.com/what-is-negligence-for-the-purpose-of-a-car-crash/) - JEAN-PIERRE THERRIEN v. LYNDA BLOW, Decided March 4, 2020 (Not Approved for Publication and Shall Not Be binding on any trial court) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Facts: Plaintiff, Jean-Pierre Therrien, an on duty Metuchen police officer observed a disabled motor vehicle with its hazard lights activated blocking the intersection of Grove Avenue
- [Two Minors Charged in Tik Tok “Skullbreaker Challenge”](https://www.criminalcivillawyer.com/two-minors-charged-in-tik-tok-skullbreaker-challenge/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Camden, N.J. — Two minors have been charged with third-degree Aggravated Assault and third-degree Endangering an Injured Victim for their participation in the Tik Tok “Skullbreaker Challenge” that injured another minor resulting in a seizure, closed head injury and concussion. Acting Camden County Prosecutor Jill S. Mayer
- [Green Light Law - Responsibility in Motor Vehicle Accidents](https://www.criminalcivillawyer.com/green-light-law-responsibility-in-motor-vehicle-accidents/) - Wegner v. Derrico DOCKET NO. A-4910-17T2 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark This case at first resembles a classic case of “who had the green light” turned into a question of what information can be brought to trial to prove the right of way. Defendant was heading south as Plaintiff
- [Ford v. Department of Corrections & Graf v. Department of Corrections](https://www.criminalcivillawyer.com/ford-v-department-of-corrections-graf-v-department-of-corrections/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The facts of both of these cases go as follows: in Ford, Plaintiff in this case was an inmate appealing the denial of his claim for reimbursement for lost, damages, or destroyed property. As he moved from pre-trial hearing detention to general population, his belongings were returned
- [State v. Libardo](https://www.criminalcivillawyer.com/state-v-libardo/) - Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. This case, State v. Libardo, is an appeal from defendant from convictions of aggravated sexual contact, endangerment, luring, and criminal restraint in 2017. Defendant was sentenced eight-year prison sentence. The Superior Court agreed with the appeal and reversed, stating the trial court erred in admitting both
- [Liranzo v. Morales Auto Repair](https://www.criminalcivillawyer.com/liranzo-v-morales-auto-repair/) - Submitted by New Jersey Worker's Compensation Lawyer, Jeffrey Hark. This case, Liranzo v. Morales Auto Repair, was brought to the Superior Court of N.J. from the N.J. Department of Labor & Workforce Development, Division of Workers' Compensation. The appeal challenges a judge's compensation's award to an employee of Morales Auto Repair ("MAR'S"). The previous judge's
- [State v. Goldsborough](https://www.criminalcivillawyer.com/state-v-goldsborough/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case stems from an appeal from a conviction, specifically a denied motion to suppress evidence. Officers in Cumberland County were executing an arrest warrant on defendant's house when they approached the front door. There were multiple officers in a line at the front door with the
- [N.M.Q. v. M.A.T.](https://www.criminalcivillawyer.com/n-m-q-v-m-a-t/) - Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In any determination of whether a Final Restraining Order (“FRO”) should be granted, the court must follow a two-step analysis from Silver v. Silver under the Prevention of Domestic Violence Act (“PDVA”). Under the two-step Silver analysis, the court must determine: (1) that the alleged victim
- [You do not need to be in your car to be convicted of a DWI in New Jersey](https://www.criminalcivillawyer.com/you-do-not-need-to-be-in-your-car-to-be-convicted-of-a-dwi-in-new-jersey/) - State v. John Thompson New Jersey Appellate Division (Approved for Publication February 10, 20200 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Fact: In appealing his convictions for operating a vehicle while under the N.J.S.A. 39:4-50.2, defendant argues that the evidence does not support the statutory requirement of "operat[ing]" the vehicle when the record reveals
- [New Jersey's New Expungement Law effective June 2021](https://www.criminalcivillawyer.com/new-jerseys-new-expungement-law-effective-june-2021/) - The bill that Gov. Murphy signed is now designated L. 2019, c.269. With minor exceptions, L. 2019, c.269 takes effect on June 15, 2020. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Prior law: When a defendant's criminal record included two or more totally unrelated criminal convictions, none of those convictions could be expunged. Once
- [Twitter Tells Facial Recognition Trailblazer to Stop Using Site’s Photos](https://www.criminalcivillawyer.com/twitter-tells-facial-recognition-trailblazer-to-stop-using-sites-photos/) - Twitter said Clearview AI, whose app is spreading in law enforcement, was violating its policies. Lawmakers also expressed privacy concerns. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A mysterious company that has licensed its powerful facial recognition technology to hundreds of law enforcement agencies is facing attacks from Capitol Hill and from at least
- [Newly Signed Hand and Foot Bill Increases Amount of Workers’ Compensation Benefits](https://www.criminalcivillawyer.com/newly-signed-hand-and-foot-bill-increases-amount-of-workers-compensation-benefits/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. New Jersey Governor Phil Murphy this week signed into law the long-considered hand and foot Bill, increasing the amount of workers’ compensation benefits paid for injuries producing loss of function for such injuries. The Bill accomplishes the legislature’s goal of providing greater compensation for hand and
- ['Private Enclave'? Supreme Court Deciding Whether Cellphone Passcodes Are Protected](https://www.criminalcivillawyer.com/private-enclave-supreme-court-deciding-whether-cellphone-passcodes-are-protected/) - The case “could cause the court to diverge on constitutional amendments" and have a seminal impact, Justice Barry Albin said during the arguments at the Richard J. Hughes Justice Complex in Trenton. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Hours of arguments were heard by the New Jersey Supreme Court on whether a criminal
- [DWI defense of “necessity“](https://www.criminalcivillawyer.com/dwi-defense-of-necessity/) - This is a very interesting case for several points. I will address each one individually. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Standard of review for the appeal of a municipal court decision by the municipal court judge. I have written numerous blogs on this issue previously but it worth repeating at this time.
- [Punitive Damages 2020 in New Jersey. What facts do you need?](https://www.criminalcivillawyer.com/punitive-damages-2020-in-new-jersey-what-facts-do-you-need/) - CIGNARELLA, v. FITNESS INTERNATIONAL, LLC, LEVIN PROPERTIES, and AMERICAN POOL ENTERPRISES, INC., NEW JERSEY POOL MANAGEMENT, LLC, d/b/a AMERICAN POOL MANAGEMENT,1 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Decided January 10, 2020 Summary : The key to this decision is the judge's dismissal of the punitive damages count at the summary judgement stage prior to
- [Personal Injury Law Firms through out the United States must hold funds from personal injury settlements or risk civil claims from the government regarding Unpaid Medicare Debts](https://www.criminalcivillawyer.com/personal-injury-law-firms-through-out-the-united-states-must-hold-funds-from-personal-injury-settlements-or-risk-civil-claims-from-the-government-regarding-unpaid-medicare-debts/) - If anyone doubts that Medicare is serious about recovering its lien, this should prove to be informative: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. FOR IMMEDIATE RELEASE Wednesday, January 8, 2020 Philadelphia-Based Personal Injury Law Firm Agrees to Resolve Allegations of Unpaid Medicare Debts PHILADELPHIA - United States Attorney William M. McSwain announced
- [The Unforeseen Dangers of a Device That Curbs Drunken Driving](https://www.criminalcivillawyer.com/the-unforeseen-dangers-of-a-device-that-curbs-drunken-driving/) - Ignition interlock devices are becoming ubiquitous. They can distract drivers and cause crashes. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Over the past decade, states have increasingly turned to a powerful tool to stop drunken driving before it starts: miniature breathalyzers, wired into a car’s electronics, that prevent the engine from starting unless the
- [Clearing marijuana offenses in N.J. is coming — if Murphy signs bill this time](https://www.criminalcivillawyer.com/clearing-marijuana-offenses-in-n-j-is-coming-if-murphy-signs-bill-this-time/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. People convicted of marijuana offenses in New Jersey are closer to getting their records cleared, as the state Legislature voted Monday to pass an expungement bill. “This move will make it possible for thousands of residents now and in the future to truly be able to
- [New laws will clear N.J. criminal records for weed and allow people on parole to vote](https://www.criminalcivillawyer.com/new-laws-will-clear-n-j-criminal-records-for-weed-and-allow-people-on-parole-to-vote/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Some 80,000 people in New Jersey will have their voting rights restored and more will see their criminal records expunged, thanks to two bills Gov. Phil Murphy signed into law Wednesday. “Today is not just about writing a new chapter of New Jersey history," Murphy told
- [Curative or Palliative" Care — The Statute require the court compel on treatment that will 'probably relieve petitioner's symptoms and improve ability to function.](https://www.criminalcivillawyer.com/curative-or-palliative-care-the-statute-require-the-court-compel-on-treatment-that-will-probably-relieve-petitioners-symptoms-and-improve-ability-to-function/) - Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Procedural History: Petitioner Samuel Martin, III appeals from an August 13, 2018 order of the Workers' Compensation Court denying his application for medical and temporary disability benefits (Also know as Motions
- [Who to believe? The treating doctor or a doctor who performs a 1 time examination?](https://www.criminalcivillawyer.com/who-to-believe-the-treating-doctor-or-a-doctor-who-performs-a-1-time-examination/) - Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument by the petitioner's attorney. Here, the petitioner filed a motion in workers compensation court to have the court order the employer's physician
- [How a workers compensation judge exercises his discretion and rules in favor of one party over another?](https://www.criminalcivillawyer.com/how-a-workers-compensation-judge-exercises-his-discretion-and-rules-in-favor-of-one-party-over-another/) - Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument presented by the petitioner's attorney. There are several different legal issues at play here which I will address in several different blogs.
- [N.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon](https://www.criminalcivillawyer.com/n-j-s-a-2c39-5b1-unlawful-possession-of-weapon/) - STATE OF NEW JERSEY, v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.
- [TRO SOUGHT by threatening to release explicit photographs and videos of plaintiff to her family and friends](https://www.criminalcivillawyer.com/tro-sought-by-threatening-to-release-explicit-photographs-and-videos-of-plaintiff-to-her-family-and-friends/) - L.B.I., v. W.F.A.-Y., Decided December 12, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3211-17T4 Defendant W.F.A.-Y. appeals from the Family Part's January 31, 2018 order granting his former girlfriend, plaintiff, L.B.I. a Final Restraining Order (FRO) under the Prevention of Domestic Violence Act of 1991
- [PRETRIAL RELEASE AND 'NATURE OF OFFENSE"](https://www.criminalcivillawyer.com/pretrial-release-and-nature-of-offense/) - The State sought defendant's detention under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to 26. STATE OF NEW JERSEY v. J.A.R.R., December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On leave granted, the State appeals from the trial court's July 18, 2019 order, entered after an earlier remand, denying the State's motion to
- [Harassment, Recording Devices and Domestic Violence](https://www.criminalcivillawyer.com/harassment-recording-devices-and-domestic-violence/) - I.R.S. v. R.G.F., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other
- [DWI & Prior offenses and 6 months in Jail](https://www.criminalcivillawyer.com/dwi-prior-offenses-and-6-months-in-jail/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. On December 1 the New Jersey legislature’s July modifications to the DWI statute became effective. The legislative changes enabled first time offenders to not lose their license for a DWI conviction. This may lead many to not hire an attorney or fight their case because they didn’t
- [EXPERT OPINIONS AND 'NET OPINIONS' WHAT THAT EXPERT MUST SAY -- ANOTHER PRIMER ON THE SUBJECT](https://www.criminalcivillawyer.com/expert-opinions-and-net-opinions-what-that-expert-must-say-another-primer-on-the-subject/) - KISHA MANLEY, v. ZIP LUBE OF BROAD STREET, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION December 6, 2019 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Facts: In 2015, plaintiff took her vehicle to defendant for an oil change. Approximately six days later she began experiencing problems with the vehicle's acceleration, and the engine made noise. Plaintiff took
- [The statutory interplay between the Board of Medical Examiners statutes and the criminal code](https://www.criminalcivillawyer.com/the-statutory-interplay-between-the-board-of-medical-examiners-statutes-and-the-criminal-code/) - The Board of Medical Examiners regulation (as well as all the other licensee regulatory governing statutes)provides administrative guidelines for licensees, reflecting any violation of its provisions "shall be deemed to constitute gross or repeated malpractice pursuant to N.J.S.A. 45:1-21(c) or (d) or professional misconduct pursuant to N.J.S.A. 45:1-21(e) . . . ." N.J.A.C. 13:35-6.3(j)—— but
- [NJ Expungement's New exception for  "Crime Spree" charges for multiple convictions from one 'event'. The sole issue presented on appeal is whether the 2018 crime spree amendment to N.J.S.A. 2C:52-2(a) permits the expungement of C.P.M.'s 2005 convictions.](https://www.criminalcivillawyer.com/nj-expungements-new-exception-for-crime-spree-charges-for-multiple-convictions-from-one-event-the-sole-issue-presented-on-appeal-is-whether-the-2018-crime-spree-amendment-to-n-j-s-a-2c52/) - IN THE MATTER OF THE EXPUNGEMENT OF C.P.M. December 6, 2019 APPROVED FOR PUBLICATION December 6, 2019 APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey's expungement new procedure under the "crime spree" doctrine set forth in the 2018 amendment to N.J.S.A. 2C:52-2(a). Because we conclude that C.P.M.'s convictions were not "closely related in
- [How to get out from under the Workers Compensation Bar from suing your employer.... The intentional Tort exception](https://www.criminalcivillawyer.com/how-to-get-out-from-under-the-workers-compensation-bar-from-suing-your-employer-the-intentional-tort-exception/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Issue: The "intentional wrong" exception to the Act's exclusivity bar of civil claims is a purposefully narrow exception that imposes a heavy burden of proof. Millison, 101 N.J. at 177. Nothing in the record suggests the motion court erred in finding plaintiffs failed to sustain that
- [Goodson, Part 2 --- From the street to the house.....Can the police get into the house and search?](https://www.criminalcivillawyer.com/goodson-part-2-from-the-street-to-the-house-can-the-police-get-into-the-house-and-search/) - STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with those in State v. Rosario, 229 N.J. 263 (2017), we reverse,
- [Field Inquiry by police or investigative detention?](https://www.criminalcivillawyer.com/field-inquiry-by-police-or-investigative-detention/) - Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with
- [Net Opinion — Summary Judgement and questions of fact](https://www.criminalcivillawyer.com/net-opinion-summary-judgement-and-questions-of-fact/) - Issues: Net Opinion — Summary Judgement and questions of fact Estate of Manotoa v. Ruggerio, N.J. Super. App. Div. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: On the evening of December 11, 2015, William Manotoa (decedent) sustained fatal injuries when he was struck by a vehicle driven by defendant Robert Ruggiero,
- [She Texted About Dinner While Driving. Then a Pedestrian Was Dead.](https://www.criminalcivillawyer.com/she-texted-about-dinner-while-driving-then-a-pedestrian-was-dead/) - A New Jersey woman was found guilty of vehicular homicide by a jury that weighed whether her actions were on par with drunken driving. Submitted by Motor Vehicle Accident Lawyer, Jeffrey Hark. FREEHOLD, N.J. — One woman was out for a walk and a taste of fresh air during a break from her job as
- [State v. Phillips](https://www.criminalcivillawyer.com/state-v-phillips/) - State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave
- [State v. Graham](https://www.criminalcivillawyer.com/state-v-graham/) - State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,
- [CAN THE POLICE COME INTO MY HOTEL ROOM??](https://www.criminalcivillawyer.com/can-the-police-come-into-my-hotel-room/) - State v. Phillips New Jersey Appellate Division November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue: When and how can the police come into my hotel room?? It is a factually specific question based on the following law-- Submitted by New Jersey Criminal Lawyer, Jeffrey
- [Increase in defendant's benefits in NJ workers comp cases for public employees](https://www.criminalcivillawyer.com/increase-in-defendants-benefits-in-nj-workers-comp-cases-for-public-employees/) - New Supplemental Benefits Law For Dependents of Public Safety Workers killed in the lie of their public employment effective January 1, 2020. Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. The purpose of this law is to increase dependency benefits for those who received awards after December 31, 1979. The statute calls these benefits
- [Driving Under the Influence of Marijuana Once it is Legal in New Jersey](https://www.criminalcivillawyer.com/driving-under-the-influence-of-marijuana-once-it-is-legal-in-new-jersey/) - This decision is pending before the N.J. Supreme Court --- The following is the standard of review of the Appellate Court STATE OF NEW JERSEY, v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I am sure I have written about this case previously, however I
- [DWI ---Drug Recognition Expert and Convictions How I can Help You](https://www.criminalcivillawyer.com/dwi-drug-recognition-expert-and-convictions-how-i-can-help-you/) - STATE OF NEW JERSEY, v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This decision is from November of 2018 and has been appealed to the N.J. Supreme Court. The reason I am writing about this case again today, November 14, 2019, is because a Supreme Court decision
- [Domestic Violence.... What can I do for you to appeal your Final Restraining Order?  This is the standard of review used on appeal.](https://www.criminalcivillawyer.com/domestic-violence-what-can-i-do-for-you-to-appeal-your-final-restraining-order-this-is-the-standard-of-review-used-on-appeal/) - J.R.B. v. K.M.B., November 7, 2019 Unpublished opinion Trial Court Appeal Camden County Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. There are several take aways from this decision. 1) when the trial judge makes finding of fact and credibility, those determinations are based upon the trial judge observing the witness testify and hearing the
- [Judge's Power at a Sentencing Hearing](https://www.criminalcivillawyer.com/judges-power-at-a-sentencing-hearing/) - Judge's Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge's power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions consist with the criminal code,
- [State v. Walton decided November 1, 2019 New Jersey Appellate Division (approved for publication)](https://www.criminalcivillawyer.com/state-v-walton-decided-november-1-2019-new-jersey-appellate-division-approved-for-publication/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the sole question is whether the recent New Jersey appellate division and Supreme Court decision of state the Patel decided in August 2019 shall apply to all post conviction relief cases pending before or Municipal Court and trial court tribunals. The New Jersey Supreme
- [Summary judgment granted dismissed death case affirmed on appeal](https://www.criminalcivillawyer.com/summary-judgment-granted-dismissed-death-case-affirmed-on-appeal/) - Deravil on behalf of Amilia Cius v. Hamilton Township, Mercer County, State of New Jersey and Pantaleone Submitted by New Jersey Civil Lawyer, Jeffrey Hark. November 1, 2019 New Jersey Appellate Division (Not for publication without approval by the appellate division) The sole question in this case was whether a specific road was a dangerous
- [PTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL](https://www.criminalcivillawyer.com/pti-admission-by-trial-judge-reversed-on-appeal/) - State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 - 12 G3 preclude admission into PTI by presumption for any second degree offense.
- [Alcotests, New Jersey, and why you should fight your DWI charges.](https://www.criminalcivillawyer.com/alcotests-new-jersey-and-why-you-should-fight-your-dwi-charges/) - Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable, a Times investigation found. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A million Americans a year are arrested for drunken driving, and most stops begin the same way: flashing blue lights in the rearview mirror, then a battery of tests that
- [Workers Compensation Motion for Medical and Temporary Disability Benefits](https://www.criminalcivillawyer.com/workers-compensation-motion-for-medical-and-temporary-disability-benefits/) - Capel v. Township of Randolph Decided October 10, 2019 New Jersey Appellate Division (Not Approved for Publication) October 10, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation. Because injured workers are not receiving benefits,
- [Dismissal of Stale Complaints - New Court Rule 7:8-5(c)](https://www.criminalcivillawyer.com/dismissal-of-stale-complaints-new-court-rule-78-5c/) - Rule 7:8-5(c) – Dismissal of minor matters more than 10 years old - effective January 1, 2020 7:8-5(c) - Periodic Dismissal of Certain Municipal Court Complaints. At least annually, after notice to the prosecutor and pursuant to procedures promulgated by the Administrative Director of the Courts, the court shall dismiss all eligible complaints that are
- [JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM](https://www.criminalcivillawyer.com/james-mclean-v-board-of-trustees-police-and-firemens-retirement-system/) - JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses, in very simple terms, the review process that the Board of Pensions will make regarding an agency decision and a claim against the pension system. In this specific case a public employee, Department of Corrections
- [Friedauer v. Scheuffer](https://www.criminalcivillawyer.com/friedauer-v-scheuffer/) - Friedauer v. Scheuffer Docket No. A-4583-17T1 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. ISSUES: Did the trial court err in granting summary judgment dismissal of plaintiff’s wrongful death action against defendant Ashbritt Environmental, Inc. (Ashbritt)? Did the trial court err in denying Ashbritt’s motion on cross-appeal to bar as "net" the opinion of
- [New Jersey DWI update NEWS FLASH!](https://www.criminalcivillawyer.com/new-jersey-dwi-update-news-flash/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. As of December 1, 2019. New Jersey’s DWI statute has changed. By the time you are reading this blog. You will have learned that any 1st Offense alcohol DWI charge with a breath test results of .15 and less could result in NO license suspension! Yea, I
- [New Jersey Appellate Division decision October 24, 2019 what are the police allowed to do with a narcotic dog and searching a vehicle?](https://www.criminalcivillawyer.com/new-jersey-appellate-division-decision-october-24-2019-what-are-the-police-allowed-to-do-with-a-narcotic-dog-and-searching-a-vehicle/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case is an Extension of the New Jersey Supreme Court decisions and Witt and Dunbar. The court here found the trial judge made an error of law when he opined that the hit by a narcotics dog required the police to obtain a search warrant to
- [Weiner  1961 discussion: Can Manslaughter be considered a moral turpitude if...](https://www.criminalcivillawyer.com/weiner-1961-discussion-can-manslaughter-be-considered-a-moral-turpitude-if/) - Weiner 1961 discussion: Can Manslaughter considered a moral turpitude violation when it involves 'the absence of intent' and is defined as criminal negligence... or rather 'knew or should have known' awareness of a risk of injury or death...... Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. What is "moral turpitude"? It has been defined as
- [Moral Turpitude.... What is it???](https://www.criminalcivillawyer.com/moral-turpitude-what-is-it/) - STEVE JONES, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, October 18, 2019 New Jersey Appellate Division NOT Approved for Publication Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case involves a Millville police officer applying for a accidental disability pension which was denied due to several reasons. However, the court undertook a review of
- [Project SAVE, Started In Gloucester Twp., To Be Tested Countywide](https://www.criminalcivillawyer.com/project-save-started-in-gloucester-twp-to-be-tested-countywide/) - The county is launching a one-year pilot program in which advocates will be placed in municipal courtrooms to help low level drug offenders. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark GLOUCESTER TOWNSHIP, NJ — A drug treatment program Gloucester Township has been using since 2014 is now being tested as a pilot program
- [Camden County to Expand Project SAVE Courtroom Advocacy Program to 20 Towns in 2019](https://www.criminalcivillawyer.com/camden-county-to-expand-project-save-courtroom-advocacy-program-to-20-towns-in-2019/) - Begun in 2014 in Gloucester Township, where crime has fallen 34 percent since its rollout, the ‘third-gear policing’ project provides counseling interventions for people charged in addictions-related cases. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Camden County saw 277 overdose deaths last year, and has logged 231 so far in 2018. Nationally, overdoses
- [Project SAVE: Progressive Policing Expands Scope of Addictions Intervention](https://www.criminalcivillawyer.com/project-save-progressive-policing-expands-scope-of-addictions-intervention/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark By bringing in treatment advocates at the point of arrest, Gloucester Township Police have reduced recidivism rates for drug crimes and built a program ready to expand county-wide. By Matt Skoufalos | September 1, 2016 Gloucester Township Police vehicle. Credit: Matt Skoufalos. Focusing on “third-gear” policing
- [For Drug Court Graduates, Alternative Sentencing Yields Second Chances](https://www.criminalcivillawyer.com/for-drug-court-graduates-alternative-sentencing-yields-second-chances/) - Twenty-one convicted, non-violent felons found their dignity and a renewed purpose without going to jail. By Matt Skoufalos Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Drug Court graduates. Credit: Matt Skoufalos. “It’s a shame you have to pick up a felony to get into drug court,” said Camden County Assistant Deputy Public Defender Daniel
- [Recovery and Relapse: Reprinted from the White Booklet Narcotics Anonymous](https://www.criminalcivillawyer.com/recovery-and-relapse-reprinted-from-the-white-booklet-narcotics-anonymous/) - Recovery and Relapse Reprinted from the White Booklet Narcotics Anonymous This is NA Fellowship-approved literature. Copyright © 1976, 1986 by Narcotics Anonymous World Services, Inc. All rights reserved. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Many people think that recovery is simply a matter of not using drugs. They consider a relapse a
- [Middle School Guidance Counselor Use of Instagram and the New Jersey Child Endangerment Statute](https://www.criminalcivillawyer.com/middle-school-guidance-counselor-use-of-instagram-and-the-new-jersey-child-endangerment-statute/) - In this case the defendant, a senior at a private charter school in Camden city received an Instagram message From the middle school guidance counselor at the same school. The defendant filed a motion to dismiss the prosecution as being “de minimus “ as per N. J. S. A. 2C:2- 11 D and C. STATE
- [Buccal Swab to match Handgun DNA | Summary: State v. Browne](https://www.criminalcivillawyer.com/buccal-swab-to-match-handgun-dna-summary-state-v-browne/) - State v. Browne Docket No. A-0371-17T1 Issue: The issue in this case is whether the trial court erred in granting the State’s pretrial application to obtain a buccal swab from the defendant to extract a sample of his DNA. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 1:00 a.m. on April 19,
- [Adequate probable cause found by trial court when police officer directly observed the drug transaction.](https://www.criminalcivillawyer.com/adequate-probable-cause-found-by-trial-court-when-police-officer-directly-observed-the-drug-transaction/) - Adequate probable cause found by trial court and affirmed on appeal when police officer directly observed the defendant involved in a drug transaction. STATE OF NEW JERSEY, v. DARRELL M. HALL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided September 18, 2019 Mercer County, Indictment No. 15-04-0554. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark.
- [New Jersey Prevention from Domestic Violence Act Appeal September 19, 2019](https://www.criminalcivillawyer.com/new-jersey-prevention-from-domestic-violence-act-appeal-september-19-2019/) - A.M.V ., v. F.T., SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION September 19, 2019. Appellate Court affirms finding of domestic violence without trial court analyzing 2nd prong of Silver v. Silver because of 'inherent' violence of a shove alone without concern for the 'risk of future harm'! Submitted by New Jersey Domestic Violence Lawyer,
- [New Jersey vs. Bing PTI Rejection Review](https://www.criminalcivillawyer.com/new-jersey-vs-bing-pti-rejection-review/) - STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue: Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts: Defendant was indicted
- [State v. Satoris  NJ Appellate Division September 14, 2019 Power of the Trial Court](https://www.criminalcivillawyer.com/state-v-satoris-nj-appellate-division-september-14-2019-power-of-the-trial-court/) - State v. Satoris Appellate Division September 14, 2019 Appeal from Gloucester County Law Division Appeal from a trial court determination —— Evidence dicition by the Trial Judge Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. All trial courts are vested with broad discretion in determining whether proffered evidence is relevant, and if so, whether it should
- [Murphy seeks to influence gun policy with ‘power of the purse strings’](https://www.criminalcivillawyer.com/murphy-seeks-to-influence-gun-policy-with-power-of-the-purse-strings/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. MORRISTOWN — Gov. Phil Murphy’s administration plans to use the “power of the purse strings” to advocate for stricter gun policies not just in New Jersey, but nationally. Murphy on Tuesday signed an executive order that will govern how New Jersey does business with firearms retailers and
- [Miranda Standard of Review of a Trial Judge's Motion to Suppress](https://www.criminalcivillawyer.com/miranda-standard-of-review-of-a-trial-judges-motion-to-suppress/) - State of N.J. vs. Byers Cumberland County Appeal 4-2-2495 State v. Byer, N.J. Super. App. Div. (per curiam) DECIDED SEPTEMBER 4, 2019 Urine and Blood Draw-- Submitted by New Jersey DWI Defense Lawyer, Jeffrey Hark. Defendant Brittany Byer appeals from a March 27, 2017 decision denying her motion to suppress her statements to police, as well
- [What is the prosecutor's power for a PTI denial?](https://www.criminalcivillawyer.com/what-is-the-prosecutors-power-for-a-pti-denial/) - STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
- [THE HGN Test can not be used to convict a defendant in any capacity of a DWI](https://www.criminalcivillawyer.com/the-hgn-test-can-not-be-used-to-convict-a-defendant-in-any-capacity-of-a-dwi/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The Police and the court can not use the "Pen test" (HGN) to convict a defendant of DWI. A trial court judge can not use any evidence derived from the HGN as evidence of anything under any "Totality of the Circumstances" evaluation of the evidence. In this
- [SLip and Fall.... Social Guest or Business Invitee---- It matters for personal injuries at a friend's home...](https://www.criminalcivillawyer.com/slip-and-fall-social-guest-or-business-invitee-it-matters-for-personal-injuries-at-a-friends-home/) - DAWN O'NEILL, v. ROBERT NEUSCH and LINDA NEUSCH, NEW JERSEY APPELLATE DIVISION August 29, 2019 PER CURIAM Procedural History Plaintiff, Dawn O'Neill, appeals the summary judgment dismissal of her personal injury action. She alleged in the complaint that she was seriously injured when she was caused to fall down the exterior steps of her sister's home due to a negligently
- [State v. Richardson: Possession of Heroin](https://www.criminalcivillawyer.com/state-v-richardson-possession-of-heroin/) - State v. Richardson. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided August 30, 2019 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. I Procedural History : Defendant William Richardson was indicted by an Ocean County grand jury and charged with third degree possession of heroin, N.J.S.A. 2C:35- 10(a)(1), third degree conspiracy to possess heroin, N.J.S.A.
- [An unavoidable car crash does not mean there was Negligence on behalf of one of the drivers........ Experts are need to show more that an 'accident'.](https://www.criminalcivillawyer.com/an-unavoidable-car-crash-does-not-mean-there-was-negligence-on-behalf-of-one-of-the-drivers-experts-are-need-to-show-more-that-an-accident/) - CIRILLO GONZALEZ, v. HECTOR LOPEZ, & EVERLYNIA HUDSON, NEW JERSEY APPELLATE DIVISION Decided August 30, 2019 Submitted by New Jersey Vehicle Accident Lawyer, Jeffrey Hark. Facts: Plaintiff Cirillo Gonzalez appeals from the trial court's grant of summary judgment to defendant, Hector Lopez, dismissing with prejudice his automobile negligence complaint. We affirm. Facts from the record, viewed in a light most favorable
- [Can Not Give A 'Knowing and Voluntary' Statement Without Being Told That A Warrant Has Been Signed Against Them](https://www.criminalcivillawyer.com/can-not-give-a-knowing-and-voluntary-statement-without-being-told-that-a-warrant-has-been-signed-against-them/) - NJ Appellate Division Rules a defendant can not give a 'knowing and voluntary' statement without being told that a summons or warrant has been signed against them in the 1st place!! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY, v. MICHAEL D. WHITE, Decided August 30, 2019 Gloucester County, Indictment No. 18-01-0079.
- [Correction: New New Jersey DWI Law](https://www.criminalcivillawyer.com/correction-new-new-jersey-dwi-law/) - **Correction** Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Attached here is what I am told was the final bill signed. (Not as previously reported) 1st offense DWI or Refusal - Suspension only until interlock installed unless over .15 then 4-6mo DL Suspension 2nd offense DWI or Refusal 1-2y Suspension 3rd offense DWI or Refusal
- [Text of New DWI Sentence Law signed today](https://www.criminalcivillawyer.com/text-of-new-dwi-sentence-law-signed-today/) - Newsflash Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Announcement August 24, 2019 New Jersey Governor Murphy signs modifications to N.J.S.A. 39:4-50 1st offense DWI penalties. The period of driving suspension for drunk driving in New Jersey have been substantially reduced for a first offender’s. However the new sentencing requirements at the use of the
- [Muni-mail - Guv signs DWI reform law - ignition interlock for all first-time offenders](https://www.criminalcivillawyer.com/muni-mail-guv-signs-dwi-reform-law-ignition-interlock-for-all-first-time-offenders/) - A package of DWI reforms (S824) was signed by Gov. Murphy today. If you are convicted of DWI or refusal in New Jersey, you now must install an ignition interlock device - this includes first-time drunk-driving offenders. The lengths of license suspensions will be reduced dramatically. First-time offenders with BAC of.. 0.08 to 0.10 - must install
- [AG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme Risk” Gun Safety Law](https://www.criminalcivillawyer.com/ag-grewal-issues-first-in-the-nation-statewide-directive-to-enforce-new-jerseys-extreme-risk-gun-safety-law/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. For Immediate Release: For Further Information: August 15, 2019 Office of The Attorney General - Gurbir S. Grewal, Attorney General Division of Criminal Justice - Veronica Allende, Director Media Inquiries- Peter Aseltine 609-292-4791 Citizen Inquiries- 609-984-5828 AG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme
- [My Home is a castle---- Even if it is an abandoned row home that I do not own!](https://www.criminalcivillawyer.com/my-home-is-a-castle-even-if-it-is-an-abandoned-row-home-that-i-do-not-own/) - An expectation of privacy and "public access" to a common area of a boarded up row home. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Williams NJ Appellate Division August 19, 2019 Approved for Publication Issue: The central issue in this appeal is whether a resident of a boarding or rooming house
- [Obtaining a Restraining Order   sting intimate Photos—— No predicate acts of Domestic Violence, Cyber Harassment and Sexually exploit photos](https://www.criminalcivillawyer.com/obtaining-a-restraining-order-sting-intimate-photos-no-predicate-acts-of-domestic-violence-cyber-harassment-and-sexually-exploit-photos/) - 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!](https://www.criminalcivillawyer.com/appealing-a-dwi-conviction-be-careful-what-you-wish-for/) - 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](https://www.criminalcivillawyer.com/suppression-of-evidence-required-when-police-enter-a-home-without-a-warrant-state-v-adl-august-7-2019/) - 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](https://www.criminalcivillawyer.com/state-v-johnson-appeal-new-jersey-appellate-division-august-9-2019/) - 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](https://www.criminalcivillawyer.com/state-v-patel-nj-supreme-court-post-judgement-laurick-motion-to-vacate-guilty-plea/) - 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](https://www.criminalcivillawyer.com/2019-proposed-dwi-legislation-sitting-on-governor-murphys-desk/) - 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](https://www.criminalcivillawyer.com/cerrigone-v-ewing-personal-injury-from-poorly-maintained-window/) - 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](https://www.criminalcivillawyer.com/trump-administration-poised-to-relax-trucking-safety-rules-despite-warnings/) - 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](https://www.criminalcivillawyer.com/domestic-violence-cyber-harassment-risk-of-future-conduct/) - 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](https://www.criminalcivillawyer.com/state-v-hemenway-guns-drugs-domestic-violence-search-for-weapons-and-criminal-charges-new-standard-announced/) - 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
- [NJ Nursing Board and RAMP - Conditional Discharge, PTI and your Nursing License issues!](https://www.criminalcivillawyer.com/nj-nursing-board-and-ramp-conditional-discharge-pti-and-your-nursing-license-issues/) - Submitted by New Jersey Nursing License Defense Lawyer, Jeffrey Hark. DO you have a New Jersey nursing license and have been charged with a drug possessory offense or DWI? You need to read this before you go into court! Have you been charged by New Jersey's Nursing Board with a criminal of Moral Turpitude? Moral
- [Personal Injury Law and Proof of Permanent Injuries Though Objective and Medical Evidence](https://www.criminalcivillawyer.com/personal-injury-law-and-proof-of-permanent-injuries-though-objective-and-medical-evidence/) - Paul and Steve Yoon v. Issac Effah Superior Court Of New Jersey Appellate Division July 10, 2019 (Not For Publication) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Paul was driving his father's car when this accident occurred, Paul was a student at a college in Rhode Island. Paul did not have his own
- [Junk Science kicked out of municipal court](https://www.criminalcivillawyer.com/junk-science-kicked-out-of-municipal-court/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State Of New Jersey v. Christopher Haas Superior Court Of New Jersey Appellate Division July 3, 2019 (Not For Publication) This is a summary of the final section of this case. It deals with the application of New Jersey’s gate keeping Rule, The Net Opinion Rule, in
- [State of New Jersey v. Zia Shaikh Superior Court of New Jersey Appellate Division July 9, 2019](https://www.criminalcivillawyer.com/state-of-new-jersey-v-zia-shaikh-superior-court-of-new-jersey-appellate-division-july-9-2019/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Zia Shaikh was convicted for careless driving and for using a cell phone while operating a motor vehicle in Bayonne on March 12, 2017. Defendant also pleaded guilty to a parking ticket in a separate matter. On defendant's appeal, the Law Division issued an order on
- [Fight at work may be covered by workers compensation.](https://www.criminalcivillawyer.com/fight-at-work-may-be-covered-by-workers-compensation/) - F.K. v. Integrity House Inc. Superior Court Of New Jersey Appellate Division July 8, 2019 (Approved For Publication) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff F.K. appeals the trial court's order granting summary judgment to Integrity House and dismissing his complaint with prejudice. The trial court determined the defendant was entitled to
- [State of New Jersey v. Tige Clark, Superior Court of New Jersey Appellate Division July 3, 2019 (Not Approved for Publication)](https://www.criminalcivillawyer.com/state-of-new-jersey-v-tige-clark-superior-court-of-new-jersey-appellate-division-july-3-2019-not-approved-for-publication/) - State of New Jersey v. Tige Clark Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. I Facts: Detective Joseph Indano of the South Plainfield Police Department responded to a domestic violence call on July 17, 2016 with Officer Robles. Victim, A.P, told Robles she was involved in an argument with her boyfriend and informed
- [Unlawful Possession of Drugs in a Motor Vehicle](https://www.criminalcivillawyer.com/unlawful-possession-of-drugs-in-a-motor-vehicle/) - State of NJ vs Haas (Not Approved for Publication by the New Jersey Appellate Division July 2, 2019) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. How can the police prove I have certain drugs and can they charge me with unlawful possession or NJSA 39:4-49.1 (Drugs in a Motor Vehicle)? New Jersey's Net
- [Ronald Winnix v. Sandra Winnix and Binyamin Salis](https://www.criminalcivillawyer.com/ronald-winnix-v-sandra-winnix-and-binyamin-salis/) - Ronald Winnix v. Sandra Winnix and Binyamin Salis Superior Court of New Jersey Appellate Division July 3, 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. On July 6, 2012, both plaintiff and defendant were driving southbound in the same car, on the New Jersey Turnpike. Mrs. Winnix heard a thumping noise and decided
- [Intent to Drive and New Jersey DWI Law](https://www.criminalcivillawyer.com/intent-to-drive-and-new-jersey-dwi-law/) - State Of New Jersey v. Donna Ebert Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a brief summary of a case that occurred in 2002. The question of this case is the intent to drive by the defendant. If you have been charged with a DUI but you were not driving or you
- [US Supreme Court rules who police can draw blood from a unconscious person if they are investigating a DWI crime](https://www.criminalcivillawyer.com/us-supreme-court-rules-who-police-can-draw-blood-from-a-unconscious-person-if-they-are-investigating-a-dwi-crime/) - The United States Supreme Court ruled this week that the police are allowed to draw blood in a medically appropriate manner for the purposes of a DWI investigation without a search warrant. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case it appears the police have brought a individual who was found outside
- [Magnolia Man Charged with Possession of Child Pornography – May 31, 2019](https://www.criminalcivillawyer.com/magnolia-man-charged-with-possession-of-child-pornography-may-31-2019/) - Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Mark Girondi, 46, of Magnolia, was charged with Possession of Child Pornography according to Camden County Prosecutor Mary Eva Colalillo and Magnolia Police Chief Robert Stetser. On May 31, 2019, detectives from the High-Tech Crimes Unit (HTCU) of the Camden County Prosecutor’s Office and Members of Homeland Security
- [Domestic Violence Between Child and Parent](https://www.criminalcivillawyer.com/domestic-violence-between-child-and-parent/) - L.B v. R.B. Superior Court Of New Jersey Appellate Division June 10, 2019 (Not approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. R.B. (defendant) appeals an August 7, 2018 final restraining order (FRO) entered against him following the Prevention of Domestic Violence Act. Defendant (Son) lived in the plaintiff's (parent’s) (L.B.)
- [Unlawful Possession of a Handgun | State of New Jersey v. Angel Rivera](https://www.criminalcivillawyer.com/unlawful-possession-of-a-handgun-state-of-new-jersey-v-angel-rivera/) - Superior Court Of New Jersey, State of New Jersey versus ANGEL L.RIVERA Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Angel Rivera was charged with second-degree unlawful possession of a handgun without a permit and second-degree possession of a controlled dangerous substance after the denial of his suppression motion. Defendant was sentenced to five years
- [Injuries to students during school activity on school property in recreational sports cannot be found liable for simple negligence.](https://www.criminalcivillawyer.com/injuries-to-students-during-school-activity-on-school-property-in-recreational-sports-cannot-be-found-liable-for-simple-negligence/) - C.H., an infant, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Injuries to students during school activity on school property injuries in recreational sports, you cannot be found liable for simple negligence. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. On June 11, 2013, Plaintiff C.H. was injured during a student/teacher fundraiser basketball game on
- [Marijuana expungement bill heads to governor’s desk](https://www.criminalcivillawyer.com/marijuana-expungement-bill-heads-to-governors-desk/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Hundreds of thousands of New Jerseyans could see their criminal records cleared under a bill awaiting Gov. Phil Murphy’s signature. On Monday, state lawmakers in both the Assembly and the Senate voted in favor of a measure that would make it easier to expunge certain criminal
- [Senate Bill 3205](https://www.criminalcivillawyer.com/senate-bill-3205/) - [First Reprint] SENATE, No. 3205 STATE OF NEW JERSEY 218th LEGISLATURE INTRODUCED NOVEMBER 26, 2018 Sponsored by: Senator SANDRA B. CUNNINGHAM District 31 (Hudson) Senator M. TERESA RUIZ District 29 (Essex) SYNOPSIS Revises certain procedures for expungement of records of conviction. CURRENT VERSION OF TEXT As reported by the Senate Judiciary Committee on March 18,
- [Tripoli v. Big Top Arcade Blog ! Experts Experts and More Experts!!! Did your attorney hire the right ones???](https://www.criminalcivillawyer.com/tripoli-v-big-top-arcade-blog-experts-experts-and-more-experts-did-your-attorney-hire-the-right-ones/) - Superior Court Of New Jersey, Appellate Division Decided June 10, 2019 Joseph Tripodi and Denise Tripodi, v. Big Top Arcade/ Patricia Hershey Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Procedure: Plaintiffs appeal the trial court order granting defendants’ motion for summary judgment. Plaintiffs alleged, “they sustained severe permanent injuries including significant hearing loss.“
- [Domestic Violence History and Applying for a Concealed Weapons Permit](https://www.criminalcivillawyer.com/domestic-violence-history-and-applying-for-a-concealed-weapons-permit/) - IN THE MATTER OF APPLICATION FOR PERMIT TO CARRY A HADNGUN OF MAURICO ALFARO New Jersey Appellate Division June 4, 2019 (Not Approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Mauricio Alfaro appeals the second Law Division Order denying his application for a concealed weapon permit. The trial judged denied his
- [5th Amendment and Computer Passwords and Child Pornography](https://www.criminalcivillawyer.com/5th-amendment-and-computer-passwords-and-child-pornography/) - STATE OF NEW JERSEY v. ROBERT G. WHITE, (June 5, 2019) New Jersey Appellate Division (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Issue: Defendant further argues that the trial court's order compelling him to produce the passcodes or otherwise decrypt the external hard drives violates his right against self-incrimination under
- [Special Employee and its effect on Workers Compensation benefits or ability to sue in Superior Court and not be limited to workers compensation benefits](https://www.criminalcivillawyer.com/special-employee-and-its-effect-on-workers-compensation-benefits-or-ability-to-sue-in-superior-court-and-not-be-limited-to-workers-compensation-benefits/) - Carabello v. Jackson Dawson Communications: (Not Approved for Publication March 26, 2019) Submitted by New Jersey Workers' Compensation Lawyer, Jeffrey Hark. Procedure: The plaintiff appealed the trial court's determination that when plaintiff was injured he was a "special employee" of defendants and therefore entitled only to benefits under the Workers' Compensation Act, N.J.S.A.
- [PTI Appeal---- Abuse of Prosecutor's Discretion when considering factors no longer applicable!](https://www.criminalcivillawyer.com/pti-appeal-abuse-of-prosecutors-discretion-when-considering-factors-no-longer-applicable/) - State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 -- Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal: Johnson’s unsuccessful application for pretrial intervention (PTI). Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,
- [How this Expert kept his opinions tied to the facts of the investigation!](https://www.criminalcivillawyer.com/how-this-expert-kept-his-opinions-tied-to-the-facts-of-the-investigation/) - LOUIS A. MAGDON v. HARLEY-DAVIDSON USA, New Jersey Appellate Division May 31, 2019 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark. Facts: Plaintiff purchased a new Harley-Davidson motorcycle in 2010 at Liberty, a Harley-Davidson dealership. Over the next several years, plaintiff serviced the motorcycle at Liberty, usually before going on a long trip.
- [Expand 30-day ban on attorney solicitations, says NJSBA](https://www.criminalcivillawyer.com/expand-30-day-ban-on-attorney-solicitations-says-njsba/) - Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. Following a yearlong examination of the onslaught of attorney solicitations following motor vehicle accidents and violations, the New Jersey State Bar Association’s ad hoc committee has issued recommendations to address the issue. In a letter to Chief Justice Stuart Rabner, then-President John E. Keefe Jr. urged
- [Domestic Violence: Silver v. Silver & imminent threat of bodily injury.](https://www.criminalcivillawyer.com/domestic-violence-silver-v-silver-imminent-threat-of-bodily-injury/) - KM v. MD New Jersey Appellate Division May 23, 2019 (Not Approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. And so the holiday season starts today with Memorial Day weekend with a new domestic violence appellate court decision and a blog. Silver v. Silver & imminent threat of bodily injury.
- [Illegal "prolong defendant's roadside detention" and a police dog sniff his vehicle for drugs](https://www.criminalcivillawyer.com/illegal-prolong-defendants-roadside-detention-and-a-police-dog-sniff-his-vehicle-for-drugs/) - State v. Rodriguez New Jersey Appellate Division May 21, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Layer, Jeffrey Hark Issue: How long can the police keep a motor vehicle driver at a motor vehicle stop for a mere equipment violation? Facts: The following facts are derived from the motion record. On March
- [Residential Home Owner not required to maintain public sidewalk adjacent to their property](https://www.criminalcivillawyer.com/residential-home-owner-not-required-to-maintain-public-sidewalk-adjacent-to-their-property/) - Colombo v. Estate of Serriano , N.J. Super. App. Div. (Fuentes, P.J.A.D.) (8 pp.) (Not approved for Publication Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff appealed the dismissal of her slip and fall action. Plaintiff slipped and fell on snow and ice on the sidewalk in front of decedent's single-family home. The trial
- [Second Offense of Driving During a DWI Suspension Under NJSA 2C:40-26?  Jail Time with No Parole](https://www.criminalcivillawyer.com/second-offense-of-driving-during-a-dwi-suspension-under-njsa-2c40-26-jail-time-with-no-parole/) - New Jersey Supreme Court declares that a Guilty plea or Jury Verdict for a second offense of driving while suspended during a DWI period of suspension under NJSA 2C:40-26 required 180 county jail time with NO parole or 'intermittent' days to serve the jail time Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v.
- [A person has "reason to know" when he or she "has information from which a person of reasonable intelligence or of the superior intelligence of the actor would infer that the fact in question exists, or that such person would govern](https://www.criminalcivillawyer.com/a-person-has-reason-to-know-when-he-or-she-has-information-from-which-a-person-of-reasonable-intelligence-or-of-the-superior-intelligence-of-the-actor-would-infer-that-the-fact-in-question-exist/) - The key to this case is the excellent development of the circumstantial and attendant facts surrounding the access to the worksite, and its proximity to public access, together with the deposition of numerous construction employees and the safety literature/materials of the company contracted to perform the work. It is an excellent read of the meticulous
- [Injured in an auto accident? Fail to maintain medical expense benefits coverage and you may have no cause of action for recovery of economic recovery.](https://www.criminalcivillawyer.com/injured-in-an-auto-accident-fail-to-maintain-medical-expense-benefits-coverage-and-you-may-have-no-cause-of-action-for-recovery-of-economic-recovery/) - Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by [N.J.S.A. 39:6A-3.1, -3.3, or -4] shall have no cause of action for recovery of economic recovery. Hurtado v. Wilkins , N.J. Super. App. Div. (Not Approved for
- [Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide](https://www.criminalcivillawyer.com/must-a-criminal-defendant-turn-over-cellphone-passwords-nj-supreme-court-will-decide/) - Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide In an increasingly technological age, the case is one lawyers are paying close attention to with the Association of Criminal Defense Lawyers of New Jersey listed as an amicus. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Does compelling a criminal defendant
- [Defense Counsel's disqualification by the court causes conviction to be overturned.](https://www.criminalcivillawyer.com/defense-counsels-disqualification-by-the-court-causes-conviction-to-be-overturned/) - State v. Jackson, N.J. Super. App. Div. May 9, 2019 (Not Appoved for Publication) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Defendant appealed from his conviction on drug and weapons charges. Police had attempted to conduct a traffic stop of a vehicle operated by defendant for failure to wear seatbelts. Defendant led officers on
- [What is a reasonable amount of time for a commercial landowner to remove a hazardous condition during a weather event?](https://www.criminalcivillawyer.com/what-is-a-reasonable-amount-of-time-for-a-commercial-landowner-to-remove-a-hazardous-condition-during-a-weather-event/) - Abdalla v. Threegees, N.J. Super. App. Div. (Not Approed for Publication) Plaintiff appealed the dismissal of his slip-and-fall complaint. The court agreed with the motion judge because it was still raining when plaintiff fell and defendant’s reasonable period to treat the sidewalk began at the conclusion of the precipitation. What is a reasonable amount of
- [Burden of Proof: Motion for New Trial  after jury verdict -- What I need to prove!](https://www.criminalcivillawyer.com/burden-of-proof-motion-for-new-trial-after-jury-verdict-what-i-need-to-prove/) - Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We review the denial of a motion for a new trial under the same standard that bound the trial court. Risko v. Thompson Muller Auto. Grp., Inc., 206 N.J. 506, 522
- [Motion for New trial based on wrongful evidentiary ruling by trial judge -- Burden of Proof on Motion for New Trial](https://www.criminalcivillawyer.com/motion-for-new-trial-based-on-wrongful-evidentiary-ruling-by-trial-judge-burden-of-proof-on-motion-for-new-trial/) - Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Burden of Proof— We also review a trial court's evidentiary rulings under a deferential standard. "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a
- [Closings and Jury Charge --- Time Unit Measurement --- What is it and how to use it! New Jersey Model Civil Jury Charge 8.11Gi and ii.](https://www.criminalcivillawyer.com/closings-and-jury-charge-time-unit-measurement-what-is-it-and-how-to-use-it-new-jersey-model-civil-jury-charge-8-11gi-and-ii/) - Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In this case the plaintiff's attorney asked the court to give the following 'time unit measurement jury charge based on past and future pain and suffering— (i) LIFE EXPECTANCY (Approved 02/1996)
- [Allowing the jury to hear a Hearsay statement.-- How.... "to show a statement's effect on the listener"](https://www.criminalcivillawyer.com/allowing-the-jury-to-hear-a-hearsay-statement-how-to-show-a-statements-effect-on-the-listener/) - Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We first turn to defendant's contention that the trial court erred when it allowed plaintiff to testify that Dr.'s Vingan and Arginteanu had recommended that plaintiff undergo surgery. It is well established
- [What is Reasonable & Articulable Suspicion mean in New Jersey in the confines of a motor vehicle stop??](https://www.criminalcivillawyer.com/what-is-reasonable-articulable-suspicion-mean-in-new-jersey-in-the-confines-of-a-motor-vehicle-stop/) - State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 — Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. We therefore consider whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff. See Dunbar, 229 N.J. at 540 (“[I]f an officer has articulable reasonable suspicion independent from the reason
- [NEWS FLASH, NJ Supreme Court Rules: Motor Vehicle stop extended for 40 minutes in order to wait for Drug Sniffing dog deemed acceptable in New Jersey](https://www.criminalcivillawyer.com/news-flash-nj-supreme-court-rules-motor-vehicle-stop-extended-for-40-minutes-in-order-to-wait-for-drug-sniffing-dog-deemed-acceptable-in-new-jersey/) - State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Commentary: The court rules that a 40 minute wait for a drug sniffing dog to arrive based on relatively flimsy 'independent reasonable and articulable suspicion" of the detective who conducted a motor vehicle stop was not
- [Effects of Supreme Court Ruling allowing DNA samples taken from all convicted felons. What about Ancestry.com?](https://www.criminalcivillawyer.com/effects-of-supreme-court-ruling-allowing-dna-samples-taken-from-all-convicted-felons-what-about-ancestry-com/) - State v. Roach New Jersey Appellate Division May 8, 2019 (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Summary: All 50 states and the federal government have laws that have been held to be constitutionally acceptable allowing law enforcement to take a DNA sample (modern fingerprint) from a defendant at
- [I was injured by the "careless" conduct of another employee on the job, but I think it was purposeful.](https://www.criminalcivillawyer.com/i-was-injured-by-the-careless-conduct-of-another-employee-on-the-job-but-i-think-it-was-purposeful/) - Am I limited to making a workers compensation claim, or can I sue in Superior Court? What is the evidentiary requirement of Workers' Compensation Act? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Spatola v. Seabrook Bothers & Sons, Inc. Decided New Jersey Appellate Division May 7, 2019 (Not Approved for Publication) Summary: In
- [Unlawful Possession for Weapon Protective Sweep by police at scene of Motor Vehicle Stop](https://www.criminalcivillawyer.com/unlawful-possession-for-weapon-protective-sweep-by-police-at-scene-of-motor-vehicle-stop/) - There must be specific and articulable facts that, at the time of the search of a vehicle, a person is capable of gaining immediate control of a weapon or weapons Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Facts: The salient
- [Standard of review Suppression of Evidence Pre-State v. Witt  (Pena-Flores Standard of Review) Motor Vehicle Stop New Jersey](https://www.criminalcivillawyer.com/standard-of-review-suppression-of-evidence-pre-state-v-witt-pena-flores-standard-of-review-motor-vehicle-stop-new-jersey/) - State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court's fact findings underlying its decision, "so long as those findings are supported by sufficient credible evidence in the
- [State v. James L. Rogers NJ Appellate Division Decided May 3, 2019 (Not Approved for Publication)](https://www.criminalcivillawyer.com/state-v-james-l-rogers-nj-appellate-division-decided-may-3-2019-not-approved-for-publication/) - State v. James L. Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Pertinent Facts: The defendant was brought to the police department and advised he will have to submit to the Alcotest. Both at the scene and after he was taken to the police station, defendant was uncooperative and confrontational. On the charge for
- [State v. James Rogers Decided May 3, 2019 New Jersey Appellate Division (Not Approved for Publication) Appealing a Municipal Court Conviction -- Standard of Review](https://www.criminalcivillawyer.com/state-v-james-rogers-decided-may-3-2019-new-jersey-appellate-division-not-approved-for-publication-appealing-a-municipal-court-conviction-standard-of-review/) - State v. James Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. An appeal of a municipal court conviction must first be addressed by the Law Division de novo. R. 3:23-8. The role of the Law Division is to make independent findings of facts and conclusions of law based on the record developed in the
- [Search of Motor Vehicle based on Smell of Weed and Headlight OUT ONLY!](https://www.criminalcivillawyer.com/search-of-motor-vehicle-based-on-smell-of-weed-and-headlight-out-only/) - State v. Juan Rodriguez May 3, 2019 NJ Appellate Division (Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: The pertinent facts that emerged at the suppression hearing were substantially undisputed by the parties. On January 1, 2018, Police Officer Kevin Olah of Warren Township was in a marked patrol vehicle at a gas station
- ["commercial property owners are not liable for clearing snow during a snowstorm"](https://www.criminalcivillawyer.com/commercial-property-owners-are-not-liable-for-clearing-snow-during-a-snowstorm/) - Dixon v. HC Equities Assoc., LP , N.J. Super. App. Div. Decidied May 2, 2019. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The issue in this case is what constitutes reasonable efforts by a land owner to remove snow during or after it stops snowing. The Facts: After leaving work on March 3, 2015,
- [Medicaid and its Effect on your Workers Compensation Settlement](https://www.criminalcivillawyer.com/medicaid-and-its-effect-on-your-workers-compensation-settlement/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. For many New Jersey residents Medicaid and its brother Medicare is a last resort for health insurance which has drastic effects on how workers compensation and third party cases must be resolved in the current climate of settlements. Medicaid was established by federal law, 42 U.S.C
- [Appealing PTI Denial - Posting Nude Photos of victim - Revenge Porn](https://www.criminalcivillawyer.com/appealing-pti-denial-posting-nude-photos-of-victim-revenge-porn/) - State v. Chow, N.J. Super. App. Div. Decided April 302, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The state appealed from an order that admitted defendant into the Middlesex County Pretrial Intervention Program over its objection. Defendant had been charged with two counts of third-degree invasion of privacy for posting nude photographs of a
- [In the Matter of the Civil Commitment of R.A. , N.J. Super. App. Div.](https://www.criminalcivillawyer.com/in-the-matter-of-the-civil-commitment-of-r-a-n-j-super-app-div/) - In the Matter of the Civil Commitment of R.A. , N.J. Super. App. Div. (April 25, 2019) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The court's standard applies when the State seeks to recommit a person who was given a conditional discharge. In re Civil Commitment of E.D., 183 N.J. 536, 551 (2005). In
- [Domestic Violence and the 2 Prong test of predicate acts and imminent fear of harm](https://www.criminalcivillawyer.com/domestic-violence-and-the-2-prong-test-of-predicate-acts-and-imminent-fear-of-harm/) - Defined in Silver v. Silver, 387 N.J. Super. 112, 125-26 (App. Div. 2006) D.C. v. M.M. , N.J. Super. App. Div. Decided April 16, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed a FRO. The parties dated in 1982 and plaintiff alleged defendant assaulted her in 1983 after the relationship ended. Around
- [Restitution:  Do I have to Pay it and does the court have to consider my ability to pay?](https://www.criminalcivillawyer.com/restitution-do-i-have-to-pay-it-and-does-the-court-have-to-consider-my-ability-to-pay/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Restitution has become an additional area of criminal litigation in recent years. As a result the appellate courts have ruled that even if restitution has to be paid, the trial court must conduct a hearing addressing whether the defendant has the ability to pay given his/her particular
- [I sent some text and Facebook communications to my girlfriend which included cursewords. Can this be considered harassing communications for the purpose of New Jersey is domestic violence act?](https://www.criminalcivillawyer.com/i-sent-some-text-and-facebook-communications-to-my-girlfriend-which-included-cursewords-can-this-be-considered-harassing-communications-for-the-purpose-of-new-jersey-is-domestic-violence-act/) - FAMILY LAW | EVIDENCE | CRIMINAL LAW A.M. v. M.P., N.J. Super. App. Div. April 15, 2000 Submitted by Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed from an amended final restraining order under the Prevention of Domestic Violence Act, in favor of plaintiff after the trial judge concluded that defendant's conduct, which consisted of sending plaintiff a
- [Predicate Acts of Domestic Violence and Appellate Review of Trial Court's Determination and questioning of witness.](https://www.criminalcivillawyer.com/predicate-acts-of-domestic-violence-and-appellate-review-of-trial-courts-determination-and-questioning-of-witness/) - NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. RCC v. PF SUPERIOR COURT OF NEW
- [Extreme Risk Protective Order Statute Discussion](https://www.criminalcivillawyer.com/extreme-risk-protective-order-statute-discussion/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Administrative Office of the Courts (AOC) has issued a proposed new rule to the Court Rules to effectuate the Emergent Preventive Order Statute that was recently enacted by the New Jersey legislature in 2018. This statute authorizes law-enforcement or any other interested party to
- [I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people?](https://www.criminalcivillawyer.com/i-was-involved-in-a-car-crash-while-working-why-do-i-have-to-pay-back-the-workers-compensation-people/) - LIBERTY MUTUAL INSURANCE o/b/o SABERT CORPORATION, v. JOSE R. RODRIGUEZ, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Approved for Publication — Decided April 2, 2019 I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people? Submitted by New Jersey Worker's Compensation Lawyer, Jeffrey Hark. In this case the
- [Appellate Division States, "When the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue an FRO 'is most often perfunctory and self- evident!"](https://www.criminalcivillawyer.com/appellate-division-states-when-the-predicate-act-is-an-offense-that-inherently-involves-the-use-of-physical-force-and-violence-the-decision-to-issue-an-fro-is-most-often-perfunctory-and-self-ev/) - ISSUE: What constitutes "proving" Domestic Violence and what must the trial court do when the plaintiff 'proves' that domestic violence charge in family court? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Ruling: When a predicate act of Domestic violence has been proven the issuance of a Final Restraining order will be perfunctory and
- [NJ stops training police dogs to sniff out marijuana](https://www.criminalcivillawyer.com/nj-stops-training-police-dogs-to-sniff-out-marijuana/) - TRENTON — New Jersey has halted training state police dogs to sniff out pot. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Attorney General Gurbir Grewal told lawmakers Wednesday that a pending proposal to legalize recreational marijuana led police to stop training them to detect the odor of burnt cannabis. He says dogs already
- [Another Successful PTI Appeal](https://www.criminalcivillawyer.com/another-successful-pti-appeal/) - State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to
- [Is it a Workers Compensation Claim or is it an Accidental Disability Benefits Claim entitling a petitioner to State Disability?](https://www.criminalcivillawyer.com/is-it-a-workers-compensation-claim-or-is-it-an-accidental-disability-benefits-claim-entitling-a-petitioner-to-state-disability/) - Conti v. NJ Board of Public Employees Retirement Pensions Submitted by New Jersey Workers' Compensation Lawyer, Jeffrey Hark SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION UNPUBLISHED {1"No unpublished opinion shall constitute precedent or be binding upon any court." R. 1:36-3. Indeed, unreported decisions "serve no precedential value, and cannot reliably be considered part of our
- [Why can’t I sue my employer if I am injured at work by a co-employee?](https://www.criminalcivillawyer.com/why-cant-i-sue-my-employer-if-i-am-injured-at-work-by-a-co-employee/) - 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](https://www.criminalcivillawyer.com/pretrial-release-violating-the-terms-and-being-charged-with-new-criminal-contempt-under-njsa-2c-29-9-a/) - 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](https://www.criminalcivillawyer.com/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-enforce/) - 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!](https://www.criminalcivillawyer.com/use-of-the-internet-and-social-media-apps-for-internet-dating-cyber-harassment-stalking-and-anti-stalking-what-you-need-to-know/) - 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](https://www.criminalcivillawyer.com/drug-recognition-experts-and-njs-legal-weed-law-dwi/) - 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](https://www.criminalcivillawyer.com/expungement-process-for-marijuana-convictions-and-pending-charges-under-the-proposed-new-law/) - 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!](https://www.criminalcivillawyer.com/jury-hearing-out-of-court-consistent-statements-of-a-police-officer-used-bolster-his-credibility-ruled-reversible-error-warranting-a-new-trial/) - 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?](https://www.criminalcivillawyer.com/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/) - 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](https://www.criminalcivillawyer.com/street-level-surveillance/) - 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](https://www.criminalcivillawyer.com/commercialized-injustice-consumer-abuses-in-the-bail-and-corrections-industry/) - 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
- [In re Helmer: Supreme Court shines spotlight on attorney ethics in criminal practice](https://www.criminalcivillawyer.com/in-re-helmer-supreme-court-shines-spotlight-on-attorney-ethics-in-criminal-practice/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In re Helmer: Supreme Court shines spotlight on attorney ethics in criminal practice Chief Justice Rabner delivered the opinion of the Court in In re Helmer, __ N.J. __, on March 6, 2019, shining a spotlight on ethical challenges facing prosecutors and defense attorneys in modern criminal
- [Motor Vehicle Stop Based on a Mobile Data Computer](https://www.criminalcivillawyer.com/motor-vehicle-stop-based-on-a-mobile-data-computer/) - State v. Zamor New Jersey Appellate Division Monmouth County Decided March 18, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. So there’s several aspect of this cage which are really important to understand. Initially he must be noted that the police effectuated the motor vehicle stop based on a mobile data computer available to
- [Why was my personal injury case dismissed by the judge ?](https://www.criminalcivillawyer.com/why-was-my-personal-injury-case-dismissed-by-the-judge/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Role v. Thaker, N.J. Super. App. Div. Decided March 18, 2019. In this personal injury matter plaintiff’s case was dismissed by the court when plaintiff failed to produce cop and incredible medical evidence to support his claim that his knee injuries were caused only related to
- [The Effect of Cannabis on the New Jersey Workplace](https://www.criminalcivillawyer.com/the-effect-of-cannabis-on-the-new-jersey-workplace/) - The ever-changing landscape of cannabis law at the state level requires employers to be cognizant of their policies and practices to ensure up-to-date compliance. By Randi W. Kochman, Marissa A. Mastroianni and Arnold P. Picinich Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark While the recent expansion of cannabis laws will certainly affect society as
- [Permanency... What is it in the context of a New Jersey Workers Compensation Case?](https://www.criminalcivillawyer.com/permanency-what-is-it-in-the-context-of-a-new-jersey-workers-compensation-case/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Today I’m going to discuss one of the three statutory entitlements provided employees in New Jersey's Worker’s Compensation statute. When people ask me what is the benefit of filing a Worker’s Compensation claim I explain to them in a very simple way. New Jersey's Worker’s Compensation
- [My house was searched without a warrant and without any emergency circumstances!! How can the police do this?](https://www.criminalcivillawyer.com/my-house-was-searched-without-a-warrant-and-without-any-emergency-circumstances-how-can-the-police-do-this/) - STATE OF NEW JERSEY, IN THE INTEREST OF E.J., NEW JERSEY APPELLATE DIVISION Decided March 15, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Summary: This case arises out of Defendant EJ's Motion to Suppress evidence found by the police when they were given consent to enter a home by third person. The defendant in this
- [Murphy, Sweeney, Coughlin reach deal on marijuana legalization](https://www.criminalcivillawyer.com/murphy-sweeney-coughlin-reach-deal-on-marijuana-legalization/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Gov. Phil Murphy and legislative leaders have reached a broad agreement on a bill to legalize recreational marijuana in New Jersey, according to four sources familiar with the negotiations. “The consensus on the broad strokes is relatively fresh, so the details are still being worked out,”
- [The police never told me what I was being charged with before or after I gave a statement, is this allowed?](https://www.criminalcivillawyer.com/the-police-never-told-me-what-i-was-being-charged-with-before-or-after-i-gave-a-statement-is-this-allowed/) - I did not know what I was being charged with when the police read me my Miranda rights. The police never told me what I was being charged with before or after I gave a statement, is this allowed? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. One of the bedrock constitutional rights we have
- [Obstruction of Justice conduct, Community - Caretaking job of the police and their intersection on a domestic violence call be the police](https://www.criminalcivillawyer.com/obstruction-of-justice-conduct-community-caretaking-job-of-the-police-and-their-intersection-on-a-domestic-violence-call-be-the-police/) - State v. Andrew J. Fede Decided March 12, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this appeal, the New Jersey Supreme Court reversed the appellate division decision and addresses head on whether defendant Andrew J. Fede violated the criminal obstruction of the administration of justice statute, N.J.S.A. 2C:29-1(a), when he refused to
- [Slip and Fall Cases - Dismissed Again](https://www.criminalcivillawyer.com/slip-and-fall-cases-dismissed-again/) - Plaintiff injured party Could not sustain his burden of proof Submitted by Personal Injury Lawyer, Jeffrey Hark WILLY FRANKEL and JILLIAN FRANKEL, v. EDGEWATER MULTIPLEX CINEMAS, NATIONAL AMUSEMENTS, INC., Decided March 7, 2019 In this case, yet another plaintiff's slip and fall personal injury action, was dismissed at the Summary Judgment Motion filed by defendant and affirmed
- [Timbs v. Indiana - Eighth Amendment’s Ban on Excessive Fines](https://www.criminalcivillawyer.com/timbs-v-indiana-eighth-amendments-ban-on-excessive-fines/) - Timbs v. Indiana Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The Supreme Court in February 20,2019 ruled that the Eighth Amendment’s ban on excessive fines applies to the states’ efforts to seize forfeited Vehicles seized by local police from defendants allegedly charged with drug offenses.The decision is a victory for an Indiana man whose
- [Allegations that a Private Attorney Engaged in Unethical Conduct and Improperly Influenced the Prosecution of Two Individuals by the Cumberland County Prosecutor’s Office (CCPO)](https://www.criminalcivillawyer.com/allegations-that-a-private-attorney-engaged-in-unethical-conduct-and-improperly-influenced-the-prosecution-of-two-individuals-by-the-cumberland-county-prosecutors-office-ccpo/) - SYLLABUS This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of an opinion may not have been summarized. In the Matter
- [Expert Required: "whether any legal or proximate cause issue  to be dealt with in a law suit is so esoteric that jurors of common judgment and experience cannot form a valid judgment as to whether the conduct of the [defendant] was reasonable."](https://www.criminalcivillawyer.com/expert-required-whether-any-legal-or-proximate-cause-issue-to-be-dealt-with-in-a-law-suit-is-so-esoteric-that-jurors-of-common-judgment-and-experience-cannot-form-a-valid-judgment-as-to-whether-th/) - LUZ PEREZ, v. BERBICE PROPERTIES, LLC, Defendant-Respondent, and BERBICE PROPERTIES, LLC, v. CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This case addresses an issue that will be coming up a great deal more as our world becomes more and more complicated!
- [What is do I have to do when I appeal a Municipal Court and Law Division rulings against me?](https://www.criminalcivillawyer.com/what-is-do-i-have-to-do-when-i-appeal-a-municipal-court-and-law-division-rulings-against-me/) - STATE OF NEW JERSEY, Plaintiff-Respondent, v. THOMAS HEROLD, New jersey Appellate Division Decided February 27, 2019 (UnPublished Decision) Submitted by New Jersey Civil Lawyer, Jeffrey Hark This is a dog owner's appeal of a municipal court decision declaring the family dog "Vicious" under New Jersey's Vicious or Potentially Dangerous Dog Act (Act), N.J.S.A. 4:19-17 to -37. The facts are
- [SLIP AND FALL IN A MULTIPLE DWELLING UNIT DURING A SNOW AND ICE STORM](https://www.criminalcivillawyer.com/slip-and-fall-in-a-multiple-dwelling-unit-during-a-snow-and-ice-storm/) - CURTIS MCCANTS and CLARINE MCCANTS, v. MACK KENNEDY, ANNETTE KENNEDY, and CLEVON MCCANTS, Decided February 28, 2019 APPELLATE REVIEW OF THE TRIAL JUDGE'S DECISION TO GRANT SUMMARY JUDGEMENT Submitted by Personal Injury Lawyer, Jeffrey Hark. In reviewing the grant or denial of summary judgment, we apply the same standard which governs the trial court under Rule 4:46-2(c). Perrelli
- [Is the defense doctor's use of the words "symptom magnifier", "somatization” and "malingerer" allowed in New Jersey personal injury actions after this decision?](https://www.criminalcivillawyer.com/is-the-defense-doctors-use-of-the-words-symptom-magnifier-somatization-and-malingerer-allowed-in-new-jersey-personal-injury-actions-after-this-decision/) - Alexandra Rodriguez v. Wal-Mart Stores, Inc. (A-2/3-17) (079470) Argued September 13, 2018 -- Decided March 4, 2019 (I am purposefully omitting the facts here because they are laid out in full in the decision that is also on this web page.) The primary issue that I will be addressing in this personal injury action is
- [How do I prove I suffered a permanent injury by way of credible competent medical evidence during discovery or at the time of trial?](https://www.criminalcivillawyer.com/how-do-i-prove-i-suffered-a-permanent-injury-by-way-of-credible-competent-medical-evidence-during-discovery-or-at-the-time-of-trial/) - KRZAK, v. FASO, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided March 5, 2019 (Unreported Appellate Division Case) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. There are several serious issues in this case. The first and foremost is one of credibility and being prepared. What is credibility in the personal injury setting?? It is having your client
- [If I have a workers compensation case in New Jersey can I also sue in Superior Court?](https://www.criminalcivillawyer.com/if-i-have-a-workers-compensation-case-in-new-jersey-can-i-also-sue-in-superior-court/) - What is a Section 20 Settlement and why is my attorney proposing it to me? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MARGARITA SORIANO, Individually and as Administratrix Ad Prosequendum of the ESTATE OF GUMERCINDO SORIANO, Plaintiff-Appellant, v. 70 HUDSON STREET REALTY, LLC, DF 70 REALTY, LLC, MF 70 REALTY, LLC, LJC 70 REALTY, LLC,
- [Can I sue a landlord of the commercial building where I work if i am injured on the job?](https://www.criminalcivillawyer.com/can-i-sue-a-landlord-of-the-commercial-building-where-i-work-if-i-am-injured-on-the-job/) - What if there is a defect in the building where I work? Can is sue the building owner? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Soriano v. 70 Hudson St. Realty, LLC , N.J. Super. App. Div. Decided February 27, 2019. In this case the Plaintiff appealed the dismissal of her wrongful death action
- [Ex-fire chief in Camden County town charged with sexually assaulting child](https://www.criminalcivillawyer.com/ex-fire-chief-in-camden-county-town-charged-with-sexually-assaulting-child/) - The former fire chief for Barrington in Camden County has been arrested on charge he sexually assaulted a child. Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Richard Rettinger, 42, is accused of molesting the child in his Barrington home, according to a statement from the Camden County Prosecutor’s Office. He faces a charge
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- [What can a sexual assault nurse say to a jury regarding a rape exam report?](https://www.criminalcivillawyer.com/what-can-a-sexual-assault-nurse-say-to-a-jury-regarding-a-rape-exam-report/) - State v. JSC. New Jersey Appellate Division unreported decision decided February 27, 2019. Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In this Camden city, Camden county New Jersey decision the defendant was charged with two different aggravated sexual assaults with his ex girlfriend in his family’s home Who is also residing in the
- [Why can’t a injured party tell the jury that other passengers were injured in a car crash in New Jersey](https://www.criminalcivillawyer.com/why-cant-a-injured-party-tell-the-jury-that-other-passengers-were-injured-in-a-car-crash-in-new-jersey/) - Rashid v. Reed. Atlantic County law division trial court decision decided July 31, 2018 approved for publication February 25, 2019. Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Earlier this week I wrote a blog on a decision this very same Presiding New Jersey civil division judge ruled on. In that case the presiding civil
- [How to handle a Workers Compensation trial in New Jersey](https://www.criminalcivillawyer.com/how-to-handle-a-workers-compensation-trial-in-new-jersey/) - Submitted by Workers Compensation Lawyer, Jeffrey Hark, Cherry Hill, NJ James Quilles v. Warren County Unreported/non-precedential New Jersey Appellate Division February 13, 2019 Today I am writing a blog about this case is about how to properly prepare a witness and adequately present evidence at the time of the trial which the Worker’s Compensation Judge
- [Why can't I tell the jury "My car is TOTALED" as a result of the crash caused the defendant?](https://www.criminalcivillawyer.com/why-cant-i-tell-the-jury-my-car-is-totaled-as-a-result-of-the-crash-caused-the-defendant/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Kuzian v. Tomaszewski. New Jersey trial court decision Atlantic County February 19, 2019. Approved for publication In this case the plaintiff was asked on direct examination by his attorney whether his car was “totaled" as a result of the crash. The defense attorney objected to this
- [Temporary Disability Benefits and the New Jersey Worker’s Compensation Act](https://www.criminalcivillawyer.com/temporary-disability-benefits-and-the-new-jersey-workers-compensation-act/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark What is temporary disability benefits (TDB) and how am I entitled to it under the New Jersey Worker’s Compensation Act. Temporary disability benefits are statutorily authorized wage replacement for any and all employees who were injured in the course of their employment. If you have any
- [Are Injuries Sustained by a Volunteer Fire Fighter Covered by New Jersey's Worker's Compensation?](https://www.criminalcivillawyer.com/are-injuries-sustained-by-a-volunteer-fire-fighter-covered-by-new-jerseys-workers-compensation/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark If you are a volunteer FIRE FIGHTER in New Jersey while currently unemployed, and are injured in your volunteer position you may now be eligible for a temporary disability benefits under New Jersey’s Worker’s Compensation statute. If you have any questions about TDB issue please call
- [Appealing an Agency Decision in New Jersey to the Appellate Division](https://www.criminalcivillawyer.com/appealing-an-agency-decision-in-new-jersey-to-the-appellate-division/) - EBONY BROWN, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, Decided February 11, 2019 Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. Am I entitled to make a accidental disability benefit claim against my public sector employer for my work related injury ?? How do I proceed? This case addresses one specific threshold question regarding how your
- [What is an undesigned and unexpected traumatic event that takes place in the course of employment for a public employee who is entitled to make a accidental disability retirement claim?](https://www.criminalcivillawyer.com/what-is-an-undesigned-and-unexpected-traumatic-event-that-takes-place-in-the-course-of-employment-for-a-public-employee-who-is-entitled-to-make-a-accidental-disability-retirement-claim/) - EBONY BROWN, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, Decided February 11, 2019 Submitted by New Jersey Worker's Compensation Lawyer, Jeffrey Hark. Am I entitled to make an accidental disability benefit claim against my public sector employer for my work related injury ?? How do I proceed? This case addresses one specific threshold question regarding how your
- [I fell and injured myself in a subsidized housing authority facility!  What do I have to prove to win my case?  What is the Tort Claims Act? What do I need to over come that burden of proof?](https://www.criminalcivillawyer.com/i-fell-and-injured-myself-in-a-subsidized-housing-authority-facility-what-do-i-have-to-prove-to-win-my-case-what-is-the-tort-claims-act-what-do-i-need-to-over-come-that-burden-of-proof/) - Spentz v. NEWARK HOUSING AUTHORITY , Appellate Division: Essex County, Docket No. L-0483-15. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the plaintiff was injured when she fell through a hole in the floor of her apartment where she ad lived for an extended period of time. She was taken to the hospital, complaining of knee
- [My Domestic Violence charges and Restraining Order were Dismissed, How do I get my gun back now??](https://www.criminalcivillawyer.com/my-domestic-violence-charges-and-restraining-order-were-dismissed-how-do-i-get-my-gun-back-now/) - In the Matter of the Application for Disposition of Weapons Belonging to D.S. , N.J. Super. App. Div. Decided February 11, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this case the facts are pretty clear. The defendant was charges with several criminal charges, all of which were dismissed. However, as part of
- [Can Mom's Statement to Medical doctor in emergency room be admitted as evidence in a criminal trial against third party? Rule of Evidence 804](https://www.criminalcivillawyer.com/can-moms-statement-to-medical-doctor-in-emergency-room-be-admitted-as-evidence-in-a-criminal-trial-against-third-party-rule-of-evidence-804/) - Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. This is a law division evidence decision made by Superior Court judge sitting in Camden County arising out of an out of court hearsay statement made by a sex assault victim's mother to a E.R. physician at Cooper Hospital in Camden, NJ. The reasoning behind the admissibility of
- [WHAT ISSUES TO RAISE WHEN  SUCCESSFULLY APPEALING A PTI DENIAL -- HOW PROSECUTORS' OFFICE'S ATTEMPT TO PREJUDICE A DEFENDANT DURING A PTI REVIEW](https://www.criminalcivillawyer.com/what-issues-to-raise-when-successfully-appealing-a-pti-denial-how-prosecutors-offices-attempt-to-prejudice-a-defendant-during-a-pti-review/) - STATE V. JOSEPH P. BLANC, Argued January 23, 2019 – Decided February 6, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Middlesex County, PROCEDURE: The Middlesex County Prosecutor (prosecutor) appeals the order granting defendant admission into the Middlesex County Pretrial Intervention (PTI) Program over the prosecutor's objection. We reverse the order and remand defendant's
- [Warrantless Searches in New Jersey and Investigatory Stops   How long can the police detain me without any 'probable cause?](https://www.criminalcivillawyer.com/warrantless-searches-in-new-jersey-and-investigatory-stops-how-long-can-the-police-detain-me-without-any-probable-cause/) - STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this
- [What is the "Exclusionary Rule for unlawfully obtained evidence in New Jersey?](https://www.criminalcivillawyer.com/what-is-the-exclusionary-rule-for-unlawfully-obtained-evidence-in-new-jersey/) - STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this
- [What is an 'unreasonable delay' of a citizen by the police during an investigatory stop? Does a "Terry Stop" allow unlimited delay by the police in N.J.?](https://www.criminalcivillawyer.com/what-is-an-unreasonable-delay-of-a-citizen-by-the-police-during-an-investigatory-stop-does-a-terry-stop-allow-unlimited-delay-by-the-police-in-n-j/) - STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. SUMMARY: In this case, police officers responded to a simple noise complaint at a motel room. They arrived at the scene and did NOT issue any municipal ordinance summons for any violations because the renter of the room immediately
- [State v. O'Neal Pursuant to N.J.R.E. 607, "A prior consistent statement shall not be admitted to support the credibility of a witness except to rebut an express or implied charge against the witness of recent fabrication or of improper influence or motive](https://www.criminalcivillawyer.com/state-v-oneal-pursuant-to-n-j-r-e-607-a-prior-consistent-statement-shall-not-be-admitted-to-support-the-credibility-of-a-witness-except-to-rebut-an-express-or-implied-charge-against-the-witness/) - State v. O'Neal NJ Appellate Division Unreported Decision February 4, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: Defendant was arrested in Jersey City in the early morning hours of September 7, 2013. The facts pertinent to this appeal were adduced at trial through the State's primary witness, Sergeant Keith Ludwig, a twenty-year veteran of
- [State v. O'Neal  If the jury, during deliberations, asks to here trial testimony, do they have to hear the cross-examination also? NO.  The court only has to play back what the jury clearly communicates to the Judge.](https://www.criminalcivillawyer.com/state-v-oneal-if-the-jury-during-deliberations-asks-to-here-trial-testimony-do-they-have-to-hear-the-cross-examination-also-no-the-court-only-has-to-play-back-what-the-jury-clearly-communica/) - State v. O'Neal NJ Appellate Division Unreported Decision February 4, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: Defendant was arrested in Jersey City in the early morning hours of September 7, 2013. The facts pertinent to this appeal were adduced at trial through the State's primary witness, Sergeant Keith Ludwig, a twenty-year veteran of
- [NJSA 2c:58-3(c) - 4   Permit to purchase a Handgun requirements, Concealed weapons permit and Police Chief discretionary decision Appealable to the Superior Court of New Jersey in the County where you reside.](https://www.criminalcivillawyer.com/njsa-2c58-3c-4-purmit-to-purchase-a-handgun-requirements-concealed-weapons-permit-and-police-chief-discretionary-decision-appealable-to-the-superior-court-of-new-jersey-in-the-county-where-you/) - IN THE MATTER OF THE APPEAL OF THE DENIAL OF DOUGLAS F. CIOLEK'S APPLICATION FOR A FIREARMS PURCHASER. On appeal from Superior Court of New Jersey, Law Division, Morris County, Docket No. L-0017-22. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Appellant Douglas F. Ciolek appeals from a March 14, 2018 Law Division order affirming the Township
- [New Jersey Supreme Court Dismisses Minor Municipal Court Warrants](https://www.criminalcivillawyer.com/new-jersey-supreme-court-dismisses-minor-municipal-court-warrants/) - If you have an outstanding arrest warrant for a municipal court case issued before 2003, your case may have been dismissed. Search dismissed cases here. Q. Was my case dismissed? Your case might be dismissed if: Your case is open, you failed to appear in court, and an arrest warrant was issued before Jan. 1,
- [Withdrawing a Guilty Plea. How to do this and what you need to do to be successful](https://www.criminalcivillawyer.com/withdrawing-a-guilty-plea-how-to-do-this-and-what-you-need-to-do-to-be-successful/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark I plead Guilty to a charge and now want to withdraw that guilty plea due to some significant changes in factual circumstances! How do I do this and what do I need to do to be successful with the Motion to withdraw my Guilty Plea? STATE OF
- [Inappropriate comments by a prosecutor in his opening and closing statements leads to overturning murder convictions. What did the prosecutor say that was wrong?](https://www.criminalcivillawyer.com/inappropriate-comments-by-a-prosecutor-in-his-opening-and-closing-statements-leads-to-overturning-murder-convictions-what-did-the-prosecutor-say-that-was-wrong/) - State of New Jersey v Greene & Lewis New Jersey Appellate Division decision decide to January 28, 2019. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Simply put, in this case the prosecutor made reference to possible testimony from a witness who heard a confession by one of the defendants that he committed the shooting
- [One Lawyer, 194 Felony Cases and No Time](https://www.criminalcivillawyer.com/one-lawyer-194-felony-cases-and-no-time/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Mr. Talaska was not outside the norm. Of the public defenders in Louisiana handling felony caseloads at that time, there were two dozen with even more clients. One had 413. Jack Talaska William Widmer for The New York Times The numbers alone might seem to violate the
- [Right to Remain Silent: Comments made when girlfriend records your statement with the help of police - Comments made in Closing are "FAIR COMMENT"](https://www.criminalcivillawyer.com/right-to-remain-silent-comments-made-when-girlfriend-records-your-statement-with-the-help-of-police-comments-made-in-closing-are-fair-comment/) - State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we
- [Sexually explicit: New Jersey Supreme Court rules photos of relationship post 18 years old victim can be used to show sexual relationship while victim was underage.](https://www.criminalcivillawyer.com/sexually-explicit-new-jersey-supreme-court-rules-photos-of-relationship-post-18-years-old-victim-can-be-used-to-show-sexual-relationship-while-victim-was-underage/) - Photos considered Relevant Evidence of long standing sexual relationship State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school
- [NJ Supreme Court Decision   State v. Santamaria  Procedural Issue:  Standard of review for a trial error when the defense fails to make an objection at the time of trial but raises the issue on appeal](https://www.criminalcivillawyer.com/nj-supreme-court-decision-state-v-santamaria-procedural-issue-standard-of-review-for-a-trial-error-when-the-defense-fails-to-make-an-objection-at-the-time-of-trial-but-raises-the-issue-on-appeal/) - State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we consider
- [Restitution hearings: A defendant's requirements to pay restitution and his/her ability to pay.](https://www.criminalcivillawyer.com/restitution-hearings-a-defendants-requirements-to-pay-restitution-and-his-her-ability-to-pay/) - STATE OF NEW JERSEY, Plaintiff-Respondent, v. GREGORY T. ISAZA, Defendant Decided January 25, 2019 SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: The court increase the defendant probation after the defendant was already sentenced and required defendant make restitution without a hearing to determine of the defendant has the ability to pay or to determine
- [Do NOT consent to give any DNA EVER!!!](https://www.criminalcivillawyer.com/do-not-consent-to-give-any-dna-ever/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Coming Soon to a Police Station Near You: The DNA ‘Magic Box’ With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse. BENSALEM, Pa. — They call it the “magic box.” Its trick is
- [DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019.  Appellate court rejects trial judge's use of HGN DWI test used in State's Case Abuse and Neglect to prove  intoxicated parent to remove children from home.](https://www.criminalcivillawyer.com/dcpp-v-v-f-nj-appellate-division-approved-for-publication-january-22-2019-appellate-court-rejects-trial-judges-use-of-hgn-dwi-test-used-in-states-case-abuse-and-neglect-to-prove-intoxicated/) - DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark This appellate panel rejects the HGN, the horizontal gaze nystagmus DWI test, offered by the state to prove a parent was under the influence in an Abuse and Neglect case. The court rejected the HGN offered
- [Why was my case dismissed??  I'm really injured but the court did not believe my doctor!](https://www.criminalcivillawyer.com/why-was-my-case-dismissed-im-really-injured-but-the-court-did-not-believe-my-doctor/) - The Dr's Testimony was barred, and properly so, because his opinion concerning permanency was not based on objective clinical evidence as required under N.J.S.A. 39:6A HECTOR REYES, Plaintiff-Appellant, v. JOHN STANLEY, NJ Appellate Division January 19, 2019 Atlantic County Appeal Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: Plaintiff filed a complaint alleging he suffered personal
- [NJ Supreme Court dismisses all parking violations; motor vehicle offenses such as going through a stop sign, improper passing, general motor vehicle equipment violations, certain speeding offenses, and running a red light, local ordinance violations](https://www.criminalcivillawyer.com/nj-supreme-court-dismisses-all-parking-violations-motor-vehicle-offenses-such-as-going-through-a-stop-sign-improper-passing-general-motor-vehicle-equipment-violations-certain-speeding-offenses-an/) - See the full document: NJ Supreme Court dismisses all parking violations
- [Respondent Superior -- Master in control of the servant-- Anthony v. One Sun Farms, LLC. January 2019  New Jersey Appellate Division unreported decision.](https://www.criminalcivillawyer.com/respondent-superior-master-in-control-of-the-servant-anthony-v-one-sun-farms-llc-january-2019-new-jersey-appellate-division-unreported-decision/) - Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts: South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey. The company in in the business of paving roads, and asphalt and sand production. It is registered with
- [Are the police still allowed to search the vehicle for proof of ownership based on a "Credential Search" recognized under the New Jersey warrantless search exception when a driver is  "unwilling driver to cooperate"](https://www.criminalcivillawyer.com/are-the-police-still-allowed-to-search-the-vehicle-for-proof-of-ownership-based-on-a-credential-search-recognized-under-the-new-jersey-warrantless-search-exception-when-a-driver-is-unwilling-dr/) - 14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials are the police still allowed to search the vehicle for proof of ownership based on a "Credential Search" recognized under the New Jersey warrantless search exception when a driver
- [Standard of Appellate Review for trial court's decision wither to Suppress the gun found in the glove box after a 'warrantless search'.](https://www.criminalcivillawyer.com/standard-of-appellate-review-for-trial-courts-decision-wither-to-suppress-the-gun-found-in-the-glove-box-after-a-warrantless-search/) - 14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,
- [Appellate review in New Jersey for Summary Judgement---  Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019](https://www.criminalcivillawyer.com/appellate-review-in-new-jersey-for-summary-judgement-anthony-v-one-sun-farms-llc-n-j-super-app-div-january-2019/) - Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts: South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey. The company in in the business of paving roads, and asphalt and sand production. It is registered with
- [Was Seashore the alter ego of South State?](https://www.criminalcivillawyer.com/was-seashore-the-alter-ego-of-south-state/) - Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts: South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey. The company in in the business of paving roads, and asphalt and sand production. It is registered with
- [Could South State and Seashore be directly responsible for the negligent hiring of One Son & Hoover?](https://www.criminalcivillawyer.com/could-south-state-and-seashore-be-directly-responsible-for-the-negligent-hiring-of-one-son-hoover/) - Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts: South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey. The company in in the business of paving roads, and asphalt and sand production. It is registered with the
- [Do the Federal Motor Carrier Safety Regulations Apply to this Defendant](https://www.criminalcivillawyer.com/do-the-federal-motor-carrier-safety-regulations-apply-to-this-defendant/) - Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts: South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey. The company in in the business of paving roads, and asphalt and sand production. It is registered with the
- [Family Court and NET Opinions](https://www.criminalcivillawyer.com/family-court-and-net-opinions/) - Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. J.M. v. T.F., N.J. Super. App. Div. Facts: Defendant appealed from a final restraining order entered in favor of plaintiff pursuant to the Prevention of Domestic Violence Act of 1991. Plaintiff went to defendant's home to pick up their daughter and was presented with a cup of
- [The ability of the police dog to testify in court](https://www.criminalcivillawyer.com/the-ability-of-the-police-dog-to-testify-in-court/) - Issue: The ability of the police dog to testify, and what the state need to do to insure that the police dog's actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because
- [Last votes needed to legalize marijuana in N.J. may come from these 3 GOP moderates.](https://www.criminalcivillawyer.com/last-votes-needed-to-legalize-marijuana-in-n-j-may-come-from-these-3-gop-moderates/) - DWI/DUI charges to substantially increases in NJ with legalized weed. -- State representatives push for more DREs to become 'experts for DWI' DUI charges in NJ" Submitted by New Jersey DWI Lawyer, Jeffrey Hark. With Democrats who lead the state Senate still tantalizingly short of votes needed to legalize recreational marijuana in New Jersey, a
- [LIVE: Active shooter situation at UPS facility in Gloucester County, New Jersey](https://www.criminalcivillawyer.com/live-active-shooter-situation-at-ups-facility-in-gloucester-county-new-jersey/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark LOGAN TWP., N.J. (WPVI) -- Multiple police agencies and the FBI are responding to an active shooter situation at a UPS facility in Gloucester County, New Jersey. The incident was reported around 9 a.m. Monday on Birchcreek Road in Logan Township. This map shows the location of
- [2019 What is a net opinion? Why can't my expert testify in my case?](https://www.criminalcivillawyer.com/2019-what-is-a-net-opinion-why-cant-my-expert-testify-in-my-case/) - Philadelphia Contributionship vs. Ryan, Inc. New Jersey Appellate Division Unreported Decision decided January 9, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: Defendant is a fuel oil company that provided fuel for the oil-fired furnace located in the home of David Munz. Defendant also serviced the furnace for many years. Approximately one month before December
- [I was involved in a crash and the judge just dismiss my case why?  I can’t my family doctor provide an opinion about my injuries? He is the best position who knows me the longest!](https://www.criminalcivillawyer.com/i-was-involved-in-a-crash-and-the-judge-just-dismiss-my-case-why-i-cant-my-family-doctor-provide-an-opinion-about-my-injuries-he-is-the-best-position-who-knows-me-the-longest/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In New Jersey if you were involved in a motor vehicle crash and purchased “verbal threshold” or “limited tort” insurance coverage you have to prove by way of sufficient objective credible medical evidence that you suffer a permanent injury. This is true whether you are in
- [New Jersey’s 2016 revisions to their expungement statute and applications for expungements](https://www.criminalcivillawyer.com/new-jerseys-2016-revisions-to-their-expungement-statute-and-applications-for-expungements/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On January 8, 2019 New Jersey Supreme Court takes an additional steps towards reforming the criminal justice system with this decision addressing New Jersey’s 2016 revisions to their expungement statute and applications for expungements for defendants who have successfully completed drug court. Relying on the 2016 revisions
- [Video Surveillance from cameras near by used as evidence,  and social media friendship, text evidence and photos from texts used as evidence.  Does Henderson apply?](https://www.criminalcivillawyer.com/video-surveillance-from-cameras-near-by-used-as-evidence-and-social-media-friendship-text-evidence-and-photos-from-texts-used-as-evidence-does-henderson-apply/) - State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does New Jersey's Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,
- [Plain view of a gun found in a car — What is "plain view"?](https://www.criminalcivillawyer.com/plain-view-of-a-gun-found-in-a-car-what-is-plain-view/) - STATE OF NEW JERSEY v. LEE M. TRAVERS, Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed: Plain view of a gun found in a car—— What is "plain view"? FACTS: The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the
- [Governor Murphy Toughens New Jersey’s Gun Laws by Signing Safety Measures to Protect Children and Families](https://www.criminalcivillawyer.com/governor-murphy-toughens-new-jerseys-gun-laws-by-signing-safety-measures-to-protect-children-and-families/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark TRENTON - Governor Phil Murphy today signed a package of common-sense gun safety bills that make New Jersey among the states with the strongest and most formidable gun laws in the nation. More than 2,000 shootings occur annually in New Jersey, with around 500 firearm-related deaths
- [What is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??](https://www.criminalcivillawyer.com/what-is-the-right-at-the-scene-of-the-motor-vehicle-stop-after-arresting-and-handcuffing-defendant-to-ask-him-to-consent-to-a-search-of-his-residence/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence
- [Does a New Jersey property owner have a duty to protect a person who was the victim of a drive by shooting who had no intention of entering the defendants' property and entered the property after he was shot! The short answer is NO!](https://www.criminalcivillawyer.com/does-a-new-jersey-property-owner-have-a-duty-to-protect-a-person-who-was-the-victim-of-a-drive-by-shooting-who-had-no-intention-of-entering-the-defendants-property-and-entered-the-property-after-he/) - NAJEE PASCHALL, v. NORFOLK SQUARE APARTMENTS and WINGATE MANAGEMENT COMPANY, LLC, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2621-17T2 —— Argued December 5, 2018 – Decided December 28, 2018 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Issue: Does a property owner have a duty to protect a person who was the victim of a drive by shooting
- [Claims being made against any public entity in New Jersey](https://www.criminalcivillawyer.com/claims-being-made-against-any-public-entity-in-new-jersey/) - THE COURT MUST REVIEW THE TORT CLAIMS ACT MANDATORY LANGUAGE REGARDING INJURIES AND THE CASE LAW INTERPRETING THE STATUTE. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. "[I]n order to vault the pain and suffering threshold under the [TCA], a plaintiff must satisfy a two-pronged standard by proving (1) an objective permanent injury, and
- [CAN I SUE NEW JERSEY TRANSIT?](https://www.criminalcivillawyer.com/can-i-sue-new-jersey-transit/) - WHAT TYPE OF INJURY MUST I HAVE TO GET TO A JURY? HOW TO GET PAST A MOTION FOR SUMMARY JUDGEMENT! WHY DID THE JUDGE DISMISS MY CASE AND NOT LET ME GET TO A JURY? I WAS STRUCK BY A NEW JERSEY TRANSIT BUS! TYRONE BEATTY, v. MICHAEL BRESCHARD and NEW JERSEY TRANSIT CORPORATION, SUPERIOR COURT
- [Should I go to trial?  How will my case appear to a jury ? O'Connell v. Khiani , N.J. Super. App. Div.](https://www.criminalcivillawyer.com/should-i-go-to-trial-how-will-my-case-appear-to-a-jury-oconnell-v-khiani-n-j-super-app-div/) - O'Connell v. Khiani , N.J. Super. App. Div. Appeal for trial decision in Middlesex County, New Jersey. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a case of believability and credibility. Based on the specific facts outlined below, and the steps taken by the defense attorney, the jury was asked, essentially, "Do
- [CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT?](https://www.criminalcivillawyer.com/can-an-anonymous-call-be-enough-evidence-for-the-police-to-come-to-a-scene-and-arrest-this-defendant/) - US V. MCCANTS 3RD CIRCUIT FEDERAL COURT DECISION --- CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT? 2016 WL 4705452 United States District Court,D. New Jersey. US v. Ibrahim McCants, Defendant. Salas, District Judge. Pending before the Court are Defendant Ibrahim McCants’s motion to suppress. For
- [Am I entitled to a trial?  Do i have to plead guilty in Municipal Court?  I do not want to plea bargain; can I go to trial?](https://www.criminalcivillawyer.com/am-i-entitled-to-a-trial-do-i-have-to-plead-guilty-in-municipal-court-i-do-not-want-to-plea-bargain-can-i-go-to-trial/) - State v. Colvell New Jersey Appellate Division Decision December 21, 2018 MERCER COUNTY, TRENTON, LAWRENCE, PRINCETON, HIGHTSTOWN, PEMBERTON, FLORENCE Submitted by New Jersey Motor Vehicle Lawyer, Jeffrey Hark. This is a great case for every person to review! Plea bargaining, paying fines and getting out of municipal court! 95% of all persons involved
- [Application of D.B. For A Firearms Purchaser Identification Card and Permit to Purchase a Handgun](https://www.criminalcivillawyer.com/application-of-d-b-for-a-firearms-purchaser-identification-card-and-permit-to-purchase-a-handgun/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal
- [State v. GARY J. PASSARELLI.  New Jersey Appellate Division December 17, 2018  How do I tell the police I want a Lawyer in New Jersey once I am arrested](https://www.criminalcivillawyer.com/state-v-gary-j-passarelli-new-jersey-appellate-division-december-17-2018-how-do-i-tell-the-police-i-want-a-lawyer-in-new-jersey-once-i-am-arrested/) - State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor's Office in an interview room that was video and
- [Can I appeal my workers combination decision to a Appeal Court ?](https://www.criminalcivillawyer.com/can-i-appeal-my-workers-combination-decision-to-a-appeal-court/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MICHAEL GERITY, Petitioner v. NEW JERSEY TRANSIT Facts: In 2005, petitioner was injured when another vehicle struck the bus he was driving for NJT. Through the workers' compensation system, he underwent multiple surgeries on his arms and neck. In two successive settlements, he received an award of
- [Legal Advertising and the Impact on Client Expectations](https://www.criminalcivillawyer.com/legal-advertising-and-the-impact-on-client-expectations/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Potential clients who hear about a lawyer’s past successes (without hearing qualifying disclaimers about the relevance of those past successes) are likely to misjudge the likely outcome of their case with that lawyer. An overly optimistic client will guess that her case will succeed if prior cases
- [NJ Pre-trial Detention hearings and What evidence must be turned over by the state -- Criminal Justice Reform Act -- release   1963 US Supreme Court Decision -- US V. Brady](https://www.criminalcivillawyer.com/nj-pre-trial-detention-hearings-and-what-evidence-must-be-turned-over-by-the-state-criminal-justice-reform-act-release-1963-us-supreme-court-decision-us-v-brady/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Shaquan Hyppolite (A-48-17) (080302) Argued September 13, 2018 -- Decided December 11, 2018 RABNER, C.J., writing for the Court. ISSUE: When the State seeks to detain a defendant pretrial under the Criminal Justice Reform Act (CJRA), prosecutors must disclose “all exculpatory evidence” before the detention
- [State v. WInt  NJ Supreme Court Decision   Miranda is still alive in NJ](https://www.criminalcivillawyer.com/state-v-wint-nj-supreme-court-decision-miranda-is-still-alive-in-nj/) - State v. Laurie Wint (A-28/29-17)(079660) Argued September 26, 2018 -- Decided December 12, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: Did Pennsylvania detectives violated Edwards v. Arizona, 451 U.S. 477 (1981), by attempting to question defendant Laurie Wint in Camden and later questioning him in Pennsylvania after he earlier requested counsel. The Court
- [Can I sue for anything?  What are the limits of bringing a law suit in New Jersey?](https://www.criminalcivillawyer.com/can-i-sue-for-anything-what-are-the-limits-of-bringing-a-law-suit-in-new-jersey/) - Dean v. Harrah's Casino Decided December 13, 2018 New Jersey Appellate Division Unreported Decision Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a great case to review to learn what a plaintiff's attorney must do in order to first establish s/he has the facts and law on his side to bring a law
- [Jersey City becomes first in state to decriminalize marijuana](https://www.criminalcivillawyer.com/jersey-city-becomes-first-in-state-to-decriminalize-marijuana/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Jake Hudnut is the new municipal prosecutor in Jersey City. He and the man who appointed him, Mayor Steve Fulop, have decided to get out in front of the marijuana debate. Effective Thursday, they are decriminalizing it, allowing possession of small amounts and discreet use. “We
- [Kelly v. Gwinnell--"The New Jersey (Minority) Rule for Social Host Liability"](https://www.criminalcivillawyer.com/kelly-v-gwinnell-the-new-jersey-minority-rule-for-social-host-liability/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193 Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.
- [Prejudicial conduct of a insurance defense attorney requires new trial](https://www.criminalcivillawyer.com/prejudicial-conduct-of-a-insurance-defense-attorney-requires-new-trial/) - Submitted by New Jersey Civil Lawyer, Jeffrey Hark. JUAN MORALES-HURTADO, Plaintiff-Appellant, v. ABEL V. REINOSO and NEW SERVICE, INC., New jersey Appellate Division December 6, 2018 Issues: What professional conduct is far wide of the mark to warrant a new trial. How far can defense counsel to cross examine the plaintiff and the plaintiff's doctors without causing undue prejudice? The
- [PCR Motion and the Need for a hearing with testimony.](https://www.criminalcivillawyer.com/pcr-motion-and-the-need-for-a-hearing-with-testimony/) - I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy
- [When can the police approach my car? What is the Community Care taking function?  If I was parked how can I be charged with a DWI?](https://www.criminalcivillawyer.com/when-can-the-police-approach-my-car-what-is-the-community-care-taking-function-if-i-was-parked-how-can-i-be-charged-with-a-dwi/) - Issue: In this case the police approached a car for no reason which the officer observed pull into a parking lot of a closed store late at night after hours. Are they allowed to do that and walk up to the driver and start to ask questions? Have the driver been arrested at that time?
- [When can I get off of New Jersey's Community Supervision for Life ("CSL") Law?](https://www.criminalcivillawyer.com/when-can-i-get-off-of-new-jerseys-community-supervision-for-life-csl-law/) - When does the 15 year time period clock start to run for CSL Law in New Jersey? Is CSL different than Megan's law? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: J.M. and H.D. were convicted of sex offenses, see N.J.S.A. 2C:7-2(b), in 1994 and 1998 respectively, and sentenced to periods of probation. Pursuant
- [Can the State obtain a victim's cell phone records and texts and then only turn over part of the final report to a defendant in discovery?](https://www.criminalcivillawyer.com/can-the-state-obtain-a-victims-cell-phone-records-and-texts-and-then-only-turn-over-part-of-the-final-report-to-a-defendant-in-discovery/) - Issue: In this case the state seemed a victims cell phone and conducted a forensic download of all the victim's texts from the night before a sexual assault. The state obtained a full list of all texts on the phone from September 10, 2015, to September 28, 2015, along with a log of O.R.'s calls from September 15,
- [Sending Lewd Nudes to Strangers Could Mean a Year in Jail](https://www.criminalcivillawyer.com/sending-lewd-nudes-to-strangers-could-mean-a-year-in-jail/) - 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](https://www.criminalcivillawyer.com/argument-analysis-court-appears-ready-to-rule-that-constitutions-bar-on-excessive-fines-applies-to-the-states/) - 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 the prosecutor's office obtain a DNA swab from a defendant's month without criminal charges pending or an arrest?](https://www.criminalcivillawyer.com/can-the-prosecutors-office-obtain-a-dna-swab-from-a-defendants-month-without-criminal-charges-pending-or-an-arrest/) - 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
- [Can prior DWI convictions be introduced at trial to prove 'reckless conduct"?](https://www.criminalcivillawyer.com/can-prior-dwi-convictions-be-introduced-at-trial-to-prove-reckless-conduct/) - 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
- [Joint Committees hear testimony on bills to legalize recreational marijuana](https://www.criminalcivillawyer.com/joint-committees-hear-testimony-on-bills-to-legalize-recreational-marijuana/)
- [All NJ DWI Cases Found Guilty Using the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown out](https://www.criminalcivillawyer.com/all-nj-dwi-cases-found-guilty-using-the-alcotest-machine-7110-that-used-a-specific-calibration-temperature-thermometer-shall-be-thrown-out/) - 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](https://www.criminalcivillawyer.com/cyber-harassment-and-the-use-of-facebook-snapchat-instagram-and-email/) - 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?](https://www.criminalcivillawyer.com/what-is-a-speedy-trial-right-when-are-my-speedy-trial-rights-violated/) - 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)](https://www.criminalcivillawyer.com/suppression-of-evidence-from-a-police-terry-stop-due-to-a-violation-of-a-municipal-ordinance-curfew-violation/) - 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?](https://www.criminalcivillawyer.com/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/) - 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
- [New jersey legislature introduces changes to the official misconduct statue](https://www.criminalcivillawyer.com/new-jersey-legislature-introduces-changes-to-the-official-misconduct-statue/) - 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?](https://www.criminalcivillawyer.com/as-a-landlord-can-you-evict-someone-for-destruction-to-your-property/) - 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?](https://www.criminalcivillawyer.com/can-a-defendant-introduce-prior-false-accusations-by-a-victim-at-the-time-of-trial-to-discredit-that-victims-testimony/) - 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?](https://www.criminalcivillawyer.com/can-i-get-workers-compensation-if-my-employer-thinks-i-am-independent-contractor-but-really-i-am-in-employee/) - 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](https://www.criminalcivillawyer.com/october-24-2018-nj-appellate-division-ruling-on-fresh-complaint-evidence/) - 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?](https://www.criminalcivillawyer.com/i-have-an-out-of-state-dwi-conviction-will-it-affect-an-in-state-charge-for-dwi-and-possible-conviction-and-extended-license-suspension/) - 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?](https://www.criminalcivillawyer.com/the-use-of-photographs-of-the-time-of-trial-what-about-the-lack-of-photographs-at-the-time-of-the-trial/) - 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](https://www.criminalcivillawyer.com/rule-411-and-personal-injury/) - 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?](https://www.criminalcivillawyer.com/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 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?](https://www.criminalcivillawyer.com/news-release-do-you-have-an-old-new-jersey-municipal-court-charge-that-is-outstanding-what-can-you-do-about-that/) - 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
- [In one New Jersey county, courtrooms will become a new front in the opioid battle](https://www.criminalcivillawyer.com/in-one-new-jersey-county-courtrooms-will-become-a-new-front-in-the-opioid-battle/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A suburban courtroom may seem an unlikely venue for a lifesaving decision. But Angel Nelke's recovery from opioid abuse began when she appeared before a Gloucester Township judge three years ago on a shoplifting charge. She was told a drug and alcohol counselor was available to
- [5 Edison cops indicted in alleged no-show job scandal](https://www.criminalcivillawyer.com/5-edison-cops-indicted-in-alleged-no-show-job-scandal/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Five Edison officers were indicted Friday over an alleged no-show job scandal in which authorities say the cops pulled in tens of thousands of dollars by taking advantage of a corrupt system in the police department. A grand jury in Middlesex County handed up the indictments charging
- [If the defendant does not cooperate with the pat down given the officer’s fear of their own safety, and the positive dog sniff, are the police allowed to conduct a strip search without a search warrant?](https://www.criminalcivillawyer.com/if-the-defendant-does-not-cooperate-with-the-pat-down-given-the-officers-fear-of-their-own-safety-and-the-positive-dog-sniff-are-the-police-allowed-to-conduct-a-strip-search-without-a-searc/) - Submitted by New Jersey Criminal Attorney, Jeffrey Hark. I was recently arrested after a motor vehicle stop. The police threatened to bring a dog to the scene while they were searching the car. They smelled “burn “marijuana “and/or raw marijuana? The police also had confidential informant information that this defendant may have or always had
- [I tripped and fell on a sidewalk at my local neighborhood town. I want to sue. What are the requirements?](https://www.criminalcivillawyer.com/i-tripped-and-fell-on-a-sidewalk-at-my-local-neighborhood-town-i-want-to-sue-what-are-the-requirements/) - Submitted by New Jersey Slip and Fall Attorney, Jeffrey Hark I was walking down the street in my local neighborhood towards a restaurant and I was tripped and fell on a displaced sidewalk and or curb that was located in front of the municipal school, library, Police, public building. I broke my wrist and needed
- [Review of Administrative Board Decision  In the Matter of the License Revocation of AMGAD HESSEIN, M.D. Appellate Division Docket No.: A-3308-15T3](https://www.criminalcivillawyer.com/review-of-administrative-board-decision-in-the-matter-of-the-license-revocation-of-amgad-hessein-m-d-appellate-division-docket-no-a-3308-15t3/) - Submitted by Medical License Defense Attorney, Jeffrey Hark. In this case the New Jersey Medical Board moved to revoke the medical license of a doctor who plead guilty in criminal court to illegal billing, falsifying medical records, and providing medical treatment not medically necessary. The Administrative Law Judge developed a thorough and complete record with testimony from several expert witnesses,
- [Ex-Haddon Twp. commissioner admits taking unlawful payment](https://www.criminalcivillawyer.com/ex-haddon-twp-commissioner-admits-taking-unlawful-payment/) - Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark. A Haddon Township commissioner pleaded guilty Wednesday to taking a payment from a law firm in connection with a lawsuit against the township and has resigned his post, New Jersey Attorney General Gurbir S. Grewal announced. Paul Dougherty, 48, a lawyer who also has served as
- [N.J.'s new medical marijuana dispensaries have been delayed as program keeps growing](https://www.criminalcivillawyer.com/n-j-s-new-medical-marijuana-dispensaries-have-been-delayed-as-program-keeps-growing/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. With demand for medical marijuana surging in New Jersey, Gov. Phil Murphy in July called for a doubling of the state's program, from six dispensaries to as many as 12. The state Department of Health received 146 applications for those six additional medical marijuana providers. But under
- [Your right to a speedy trial under New Jersey’s speedy trial case law.](https://www.criminalcivillawyer.com/your-right-to-a-speedy-trial-under-new-jerseys-speedy-trial-case-law/) - I have been charged with a DWI and the question is how fast is the state required to provide discovery and or present the case to the municipal court judge for trial? Submitted by New Jersey DWI Lawyer, Jeffrey Hark The New Jersey appellate division reached this decision in October 12, 2018 case of State
- [Law Offices of Hark and Hark Makes Top 50 settlements Obtained in New Jersey in the Year 2017](https://www.criminalcivillawyer.com/law-offices-of-hark-and-hark-makes-top-50-settlements-obtained-in-new-jersey-in-the-year-2017/) - Top 50 Settlements in New Jersey in 2017 The Law Offices of Hark and Hark were named to the list of top 50 settlements obtained in New Jersey in the year 2017 We are pleased to present to you the list of top 50 settlements obtained in New Jersey in the year 2017. The list
- [State police: Crime down sharply in Camden](https://www.criminalcivillawyer.com/state-police-crime-down-sharply-in-camden/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. CAMDEN – The city’s streets grew safer over the first nine months of 2018, with double-digit percentage drops for murders and four other major crimes, New Jersey State Police statistics show. But the lower figures, which mirrored a statewide improvement, also indicated Camden residents remained more vulnerable to
- [I'm among many N.J. police chiefs who believe legalizing weed will lead to more vehicle deaths](https://www.criminalcivillawyer.com/im-among-many-n-j-police-chiefs-who-believe-legalizing-weed-will-lead-to-more-vehicle-deaths/) - Submitted by New Jersey Criminal Lawyer Jeffrey Hark. By John J. Zebrowski As a police chief of central New Jersey community who has seen his fair share of traffic accidents, I want to make clear it is imperative we do not underestimate the adverse impact legalizing recreational marijuana will have on traffic safety within our
- [Are you being watched by someone because you made a workers compensation claim or were involved in a car crash?](https://www.criminalcivillawyer.com/are-you-being-watched-by-someone-because-you-made-a-workers-compensation-claim-or-were-involved-in-a-car-crash/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. When you make a claim against an insurance company from a workers compensation case and/or file suit against a driver as a result of a car crash and you are claiming personal injuries you become the target of surveillance. Why? Because insurance companies are not your
- [Proposed law would expand NJ’s DUI ignition lock program](https://www.criminalcivillawyer.com/proposed-law-would-expand-njs-dui-ignition-lock-program/) - Submitted by New Jersey DUI Lawyer, Jeffrey Hark TRENTON - A bill endorsed by the New Jersey Senate Judiciary Committee would expand the state’s DUI ignition interlock program. The device acts like a breathalyzer and won’t allow a car to start if the driver’s blood alcohol content is too high. Under current law, only repeat
- [Summary Judgement & Qualified Immunity: Shooting or Self Defense](https://www.criminalcivillawyer.com/summary-judgement-qualified-immunity-shooting-or-self-defense/) - Baskin v. Martinez and the City of Camden In considering plaintiff's appeal, we must adhere to well-settled principles applicable to summary judgment motions. A court must "consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed
- [Condo Association Liability in Snowstorms: Sidewalk Slip and Fall](https://www.criminalcivillawyer.com/condo-association-liability-in-snowstorms-sidewalk-slip-and-fall/) - Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark. Here is another case where a business invitee comes to a property and is injured. The question in this case was whether or not the condo association had a duty to clear a sidewalk for pedestrians and invitees in the middle of a snowstorm. The
- [Don’t let Jersey drivers make other states’ roads more dangerous](https://www.criminalcivillawyer.com/dont-let-jersey-drivers-make-other-states-roads-more-dangerous/) - Submitted by Motor Vehicle Accident Lawyer, Jeffrey Hark. Getty Images Gov. Murphy has been working on getting five states and Puerto Rico to share crime gun information. Meanwhile, a pair of New Jersey legislators want to hide information about another deadly weapon, the motor vehicle. That's both ironic and misguided. State Sens. Nicholas Scutari (D., Union) and Nicholas Sacco
- [Teacher Charged with Luring – September 15, 2018](https://www.criminalcivillawyer.com/teacher-charged-with-luring-september-15-2018/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Jonathan Liano, 38, of Sicklerville in Winslow Township, believed he was chatting with a 14-year-old girl he met online. However, the fifth-grade teacher had actually been sending sexually explicit messages to an undercover detective working with the Camden County Prosecutor’s Office High-Tech Crimes Unit (HTCU). The investigation
- [Legalize marijuana New Jersey - News flash: Prior Conviction Expungements](https://www.criminalcivillawyer.com/legalize-marijuana-new-jersey-news-flash-prior-conviction-expungements/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This month's recent modified proposed legislation for marijuana legalization in New Jersey has included the automatic right for every person with a prior possession of marijuana charge to obtain an expungement. However the key Provision in the most recent proposed legislation is the fact that the defendant,
- [STATE V. OGDEN DECISION SEPTEMBER 9, 2018  DWI FOUNDATIONAL DOCUMENT APPEAL ARGUMENT](https://www.criminalcivillawyer.com/state-v-ogden-decision-september-9-2018-dwi-foundational-document-appeal-argument/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this DWI appeal the defendant attempted to argue that the state's failure to introduce the State Trooper's Alcotest operating card at the time of trial was a violation of the NJ Supreme Court mandate of State v. Chun and as a result of state's failure to comply with
- [Appealing an Administrative Agency Decision](https://www.criminalcivillawyer.com/appealing-an-administrative-agency-decision/) - Submitted by Medical License Defense Lawyer, Jeffrey Hark. Today we are reviewing a physcian's appeal of NJ State department/administrative decision. In this case the Board of Medical Examiners (BME), after significant factual record was developed through testimony, affidavits, records admitted, and hearings, rendered a decision revoking a doctor’s license. The doctor appeal the agency decision
- [As a Passenger, Did the Police Get You Out of the Car Without Any Reason?](https://www.criminalcivillawyer.com/as-a-passenger-did-the-police-get-you-out-of-the-car-without-any-reason/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Were you ever a passenger in a motor vehicle the with the police conducting a motor vehicle stop. Did the police get you out of the car without any reason? Have you been threatened or harassed during a motor vehicle stop by law-enforcement? Was there absolutely no
- [Municipal court prosecutor discretion to prosecute Marijuana possession cases](https://www.criminalcivillawyer.com/municipal-court-prosecutor-discretion-to-prosecute-marijuana-possession-cases/) - Submitted by New Jersey Drug Lawyer, Jeffrey Hark. On August 29, 2018 the New Jersey state AG's office issued guidelines for municipal court prosecutors to follow with regards to prosecuting/negotiating and or dismissing marijuana cases in the municipal court. I have attached a copy of those guidelines here with this blog however I summarize the
- [When Do Police Have the Right to Approach you with Guns Drawn](https://www.criminalcivillawyer.com/when-do-police-have-the-right-to-approach-you-with-guns-drawn/) - State v. Ford & Williams Appellate Division Nj August 24, 2018--Pulled over or approached by the police with guns drawn Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this recent Appellate Division decision the court overturned a trial judges ruling regarding evidence obtained from a defendant the police and countered and immediately drew their
- [Do you want to get a final restraining order (FRO) modified or changed?](https://www.criminalcivillawyer.com/do-you-want-to-get-a-final-restraining-order-fro-modified-or-changed/) - Has a final restraining order been entered against you? Do you want to get that final restraining order (FRO) modified or changed? Were you unhappy with some of the restraints or prohibitions in the restraining order and you want to get them changed or reduced? Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In the
- [Did you apply for a permit to purchase a firearm in New Jersey? Was your request for a firearms purchasing ID card denied?](https://www.criminalcivillawyer.com/did-you-apply-for-a-permit-to-purchase-a-firearm-in-new-jersey-was-your-request-for-a-firearms-purchasing-id-card-denied/) - Did you apply for a permit to purchase a firearm in New Jersey? Was your request for a firearms purchasing ID card denied? Do you believe the police chief and/or his investigator did not do a proper investigation and you were wrongfully denied? Submitted by New Jersey Lawyer, Jeffrey Hark. Please call our office to
- [Net Opinion Comments of Expert Witness | New Jersey Appellate Court](https://www.criminalcivillawyer.com/net-opinion-comments-of-expert-witness-new-jersey-appellate-court/) - Once again the New Jersey appellate court has weighed in on the “net opinion“ comments of an expert. Submitted by New Jersey Slip and Fall Attorney, Jeffrey Hark. Did your attorney hire a qualified expert? Did the expert tie his opinions to the facts as well as the current standard of care and generally accepted
- [Rbiai Ouazene v. Board of Review and Dell Marketing LP](https://www.criminalcivillawyer.com/rbiai-ouazene-v-board-of-review-and-dell-marketing-lp/) - Rbiai Ouazene v. Board of Review and Dell Marketing LP Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Ouazene,was fired from his employment and attempted to collect unemployment benefits. The deputy director found Ouazene eligible for benefits. Dell appealed, and a hearing occurred before the tribunal, which reversed the deputy's decision.” Ouazene, appellant, was employed
- [Medical marijuana user's boss can drug test him, court says](https://www.criminalcivillawyer.com/medical-marijuana-users-boss-can-drug-test-him-court-says/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark A New Jersey business does not have to waive its requirement for mandatory drug testing for a worker who uses medical marijuana, a federal court has ruled. Daniel Cotto Jr. of Bridgeton had sued Ardagh Glass citing the New Jersey Law Against Discrimination after the company wouldn't
- [AAA report shows drugged driving deaths are on the rise in NJ](https://www.criminalcivillawyer.com/aaa-report-shows-drugged-driving-deaths-are-on-the-rise-in-nj/) - Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Driving under the influence of drugs has increased significantly over the last decade in New Jersey.In 2015 and 2016, more drivers killed tested positive for drugs than alcohol. That hasn’t happened since 2007, according to a AAA Northeast report. “In New Jersey in 2016, 103 fatally injured
- [Man accused of stealing pension money from deceased police officer's kids](https://www.criminalcivillawyer.com/man-accused-of-stealing-pension-money-from-deceased-police-officers-kids/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A 58-year-old New Jersey man stole more than $22,000 in pension money intended for the children of a police officer who died in 2012, authorities said. Mark Johnson (Atlantic County Prosecutor's Office) Mark Johnson, of Egg Harbor Township, took six pension checks and deposited them into accounts
- [CORRECTIONS OFFICER, INMATE AND INMATE’S GIRLFRIEND CHARGED WITH DRUG DISTRIBUTION – AUGUST 16, 2018](https://www.criminalcivillawyer.com/corrections-officer-inmate-and-inmates-girlfriend-charged-with-drug-distribution-august-16-2018/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On Wednesday, August 15, 2018, Officer Edwin Berrios, Jr. was found to be in possession of illegal drugs when he attempted to enter the Camden County Correctional Facility to begin his shift as a correction officer. A search of Berrios, 22, of Pennsauken, prior to entering the
- [Endangering the Welfare of a Minor/Child ---- New Jersey Supreme Court Decision](https://www.criminalcivillawyer.com/endangering-the-welfare-of-a-minor-child-new-jersey-supreme-court-decision/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Have you been charged with endangering of a child? Was the child in an immediate risk of danger? Was the child around illegal substances, pills, or poor weather conditions? Were you under the influence around them? How old were the kids? Were they permanently affected from this
- [Slip and Fall--- Snow and Ice---- who is responsible for the repair and as a result the defective condition on the land](https://www.criminalcivillawyer.com/slip-and-fall-snow-and-ice-who-is-responsible-for-the-repair-and-as-a-result-the-defective-condition-on-the-land/) - Susan P. Harris v. Jerry and Carol Lawrence and Ocean Vista Condominium Association and Surf Site Management, LLC v. A&N Snow Removal LLC Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In December 2013, plaintiff, Susan Harris was injured when she slipped and fell on ice that had been formed on a sidewalk located
- [Hector Serulle v. Dario, Yacker,](https://www.criminalcivillawyer.com/hector-serulle-v-dario-yacker/) - Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In October 2009, Serulle allegedly tripped and fell on a sidewalk abutting private home owned by Adrian Sosa. Serulle alleged he tripped on loose stone on top of the side walk. Serulle also claimed he tripped because of the height differential caused by a tree root
- [New Jersey Supreme court announces Daubert factors in determining the admissibility of an expert](https://www.criminalcivillawyer.com/new-jersey-supreme-court-announces-daubert-factors-in-determining-the-admissibility-of-an-expert/) - Are there experts in your case? What is their area of expertise? Have their theories and opinions been tied to the facts and medical records of the case?? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey Supreme court announces Daubert factors to be used by the trial courts as the 'gate keepers' in
- [Fatima Marroquin v. Salvador Espinoza and Jose Ramon Espinoza](https://www.criminalcivillawyer.com/fatima-marroquin-v-salvador-espinoza-and-jose-ramon-espinoza/) - Submitted by New Jersey Sip and Fall Lawyer, Jeffrey Hark On Sunday November 29, 2014, plaintiff Marroquin went shopping with her Aunt around 11 a.m. They left from the back of the house to access the driveway. Plaintiff had no difficulty walking to the car in the driveway. Upon return, plaintiff parked in the front
- [The State of New Jersey in the Interest of Z.M., a Juvenile](https://www.criminalcivillawyer.com/the-state-of-new-jersey-in-the-interest-of-z-m-a-juvenile/) - Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Full case can be found here: The State of New Jersey in the Interest of Z.M., a Juvenile On January 2, 2017, at approximately 11:00 p.m , plaintiff Z.M.'s father went to the Vernon Township police, concerned about his son's well being. Z.M. did not currently live
- [Have you been tricked/coerced into having intercourse/sex with your husband or spouse against your wishes while you are currently married](https://www.criminalcivillawyer.com/have-you-been-tricked-coerced-into-having-intercourse-sex-with-your-husband-or-spouse-against-your-wishes-while-you-are-currently-married/) - Do you believe this is domestic violence? Can you win with these charges in court to get a temporary restraining order? What does it mean in a trial that the plaintiff must bear his/her burden of proof by a preponderance of the evidence? V.M. v. A.M. Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark.
- [How can you attack the police’s probable cause or ‘Terry stop’ when there is an informant providing information to the police undercover?](https://www.criminalcivillawyer.com/how-can-you-attack-the-polices-probable-cause-or-terry-stop-when-there-is-an-informant-providing-information-to-the-police-undercover/) - As the informant’s information independently confirmed by the officers at the scene??? State of New Jersey v. Jeffrey Thomas Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On May 14, 2015, Sergeant Ricardo Diaz was assigned to the Trenton Crime Suppression Central Unit. This unit was established to help suppress violent crimes in the most
- [Don't Represent yourself... Hire an attorney who can and knows how to represent you pre-trial and during the trial....NOT after you loose and convicted !](https://www.criminalcivillawyer.com/dont-represent-yourself-hire-an-attorney-who-can-and-knows-how-to-represent-you-pre-trial-and-during-the-trial-not-after-you-loose-and-convicted/) - State of New Jersey v. Robert A. Davies Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On a August morning in 2007, defendant, Robert Davies insulted a man, Mario Chavez, in the men's room of a bar in Margate. Defendant said, "this was not his country and he should leave." Chavez complained to the management
- [State of New Jersey v. Robert L. Gillard](https://www.criminalcivillawyer.com/state-of-new-jersey-v-robert-l-gillard/) - Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On January 19, 2015, at about noon, Long Branch Detective Joseph Spitale went to Chelsea Avenue and the railroad tracks on a report that "they were selling heroin."During the investigation, Spitale was a passenger in an undercover police car accompanied by three other officers. Spitale saw
- [Michelle Lomet and Dennis Lomet Sr. v. Lawes Coal Company](https://www.criminalcivillawyer.com/michelle-lomet-and-dennis-lomet-sr-v-lawes-coal-company/) - Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark This is another very recent appellate division case addressing the trial court acting as the gate keeper dismissing a case where the plaintiff (here a workers’ compensation petitioner in comp court) was not able to causally connect his cancer diagnosis to the ‘alleged’ work related exposure.

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- [About](https://www.criminalcivillawyer.com/about/) - Jeffrey Hark, Esq. Cherry Hill, NJ (866) 427-5529 jeff@criminalcivillawyer.com Education: Undergraduate Education, Syracuse University Graduated with a B.S. and a minor in Business Administration, 1990 Widener University School of Law, 1993 Employment: Hark & Hark 1994 - Present Owner and Managing Partner New Jersey Office Marshall Dennehey Law Office 1994-1994 Associate Clerkship: Honorable Barry M.
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- [Types of Truck Accidents](https://www.criminalcivillawyer.com/types-of-truck-accidents/) - Strategic New Jersey Truck Accident Attorney Ensures Your Case Is Successful Every year thousands of motorists and truck drivers get injured or killed in tractor-trailer accidents caused by drivers' errors and negligence of trucking companies. Tractor-trailer drivers and their employers have a duty to operate trucks in a safe and responsible manner. Reckless driving, oversized
- [White Collar Crime](https://www.criminalcivillawyer.com/white-collar-crime/) - Expedite your case and protect yourself against White Collar Crime charges in New Jersey Quick trial is key to clearing your name. White collar crime charges can destroy your career and reputation if they are resolved quickly and efficiently. Fleeting evidence and witness testimonials can diminish the strength of your case. Hark & Hark's White
- [Truck Insurance Issues in New Jersey](https://www.criminalcivillawyer.com/truck-insurance-issues-in-new-jersey/) - If you are involved in a crash with a large commercial truck, the trucker's insurance coverage may be the last concern on your mind. However, when you are injured in a truck crash, having the right kind of insurance can help you recover the damages you are entitled to by law. After an accident with
- [Truck-Pedestrian Accident](https://www.criminalcivillawyer.com/truck-pedestrian-accident/) - Truck-Pedestrian Accident Attorney in New Jersey According to the statistics for car-pedestrian accidents released by the National Highway Traffic Safety Administration (NHTSA), more than 4,000 people die and more than 50,000 get injured in pedestrian accidents every year. In Pennsylvania, 148 people died and 4,474 people were injured in vehicle-pedestrian crashes in 2010. The majority
- [Underride Accidents](https://www.criminalcivillawyer.com/underride-accidents/) - New Jersey Tractor Trailer Underride Accidents An underride accident occurs when a car or small truck goes under a semi or trailer. These accidents can be the most serious crashes involving large trucks because the smaller vehicle's passenger compartment is often crushed or its top is torn off completely. Truck underride accidents are almost always
- [Truck Accident Lawyer](https://www.criminalcivillawyer.com/truck-accidents/) - Maximum financial compensation for truck crash injury victims and truck drivers If you are injured and can't come to us, we will come to you. If you are an employee and you were working at the time of the crash, we help with workers compensation to get you paid immediately. If you need medical treatment
- [Slip & Fall](https://www.criminalcivillawyer.com/slip-fall/) - Slip and Fall in New Jersey Slip and falls can result in catastrophic, severe, and even permanent injury. These injuries can be compensated if the slip and fall was the result of someone else's negligence. An experienced personal injury attorney can help recover the most for your slip and fall. Keep in mind, there is
- [Side Impact/T-bone Truck Accidents](https://www.criminalcivillawyer.com/side-impact-t-bone-truck-accidents/) - Every year, more than 9,000 people are tragically killed in side impact or (T-bone) crashes, with only head on crashes resulting in a higher rate of fatalities. Side impact crashes, or T-bone crashes, occur when the side of a car is hit by the front or back end of another motor vehicle. The seriousness of
- [Sex Crimes](https://www.criminalcivillawyer.com/sex-crimes/) - If you are under investigation for a sex crime in New Jersey, including rape, internet child pornography, and other State or Federal charges, or if you have been arrested, make sure you have a sex crime lawyer who believes in your innocence and will fight for your rights. Due to the sensitive nature of sex
- [Rollover Accident](https://www.criminalcivillawyer.com/new-jersey-truck-rollover-accident-attorney/) - Although pickup truck rollover accidents are relatively rare, they do occur more frequently than rollover accidents involving smaller passenger vehicles. In addition, they also tend to be more dangerous than rollover accidents involving smaller cars. Large trucks, semis, big rigs and 18-wheelers are more prone to rolling over than smaller, lighter passenger vehicles. If a
- [Traffic Accidents](https://www.criminalcivillawyer.com/traffic-accidents/) - Traffic Accidents in New Jersey Traffic accidents can result in catastrophic, severe, and even permanent injury. These injuries can be compensated if the accident was the result of someone else's negligence. An experienced personal injury attorney can help recover the most for your car crash injuries. Keep in mind, there is a two year statute
- [Traffic Offenses](https://www.criminalcivillawyer.com/traffic-offenses/) - Traffic Tickets in New Jersey Traffic offenses, leading to tickets or a summons, can carry a variety of penalties including fines, surcharges, points, and loss of license. Violations include speeding, careless driving, reckless driving, unsafe lane change, failure to observe a traffic signal, tailgating, driving while suspended, driving while intoxicated (DWI), driving under the influence
- [The Medicare Overpayment Collection Process](https://www.criminalcivillawyer.com/the-medicare-overpayment-collection-process/) - In July, the Centers for Medicare & Medicaid Services issued a fact sheet to explain everything physicians and suppliers need to know about the definition and the collection process related to Medicare/Medicaid overpayments. It also provides resources where they can learn more. Medicare physicians and suppliers who have not yet gone through this process may
- [Library of Medical Resource Links](https://www.criminalcivillawyer.com/personal-injury/library-of-medical-resource-links/) - Consumer Product Links Automobile Links Workplace Links New Jersey Links New Jersey Legal Links News Links Federal Government Links Access to Statistics Compiled from More Than 70 Federal Agencies www.fedstats.gov U.S. Courts
- [Personal Injury](https://www.criminalcivillawyer.com/personal-injury/) - Focus on healing from your personal injury accident Personal injury lawyer fights for maximum compensation for victims in New Jersey When you suffer a traumatic injury through no fault of your own, obtaining compensation from the responsible parties can be difficult. Areas of Expertise in Personal Injury Get A Free Case Evaluation Construction Accidents Construction
- [Nursing License Defense](https://www.criminalcivillawyer.com/nursing-license-defense/) - Safeguard your hard-earned nursing license and career reputation Hark & Hark's aggressive defense protects your license in New Jersey As a nurse, you've worked tirelessly in your career to earn your nursing license and treat the patients you care about. A complaint or investigation against your license can be career-shattering blow. Hark & Hark delivers
- [Probation Violations](https://www.criminalcivillawyer.com/probation-violations/) - Violation of Probation in New Jersey Violation of probation can be a serious offense in New Jersey. If you are found guilty of probation, you could be facing extended probation, harsher terms of probation, or even a resentencing for jail time for your original offense. Violation of probation should be taken very seriously and you
- [Brain and Spinal Cord Injuries: TBI & MTB](https://www.criminalcivillawyer.com/personal-injury/brain-and-spinal-cord-injuries-tbi-mtb/) - Brain and Spinal Injuries Traumatic brain injury is defined as traumatically-induced physiological disruption of brain function usually manifested by any period of loss of consciousness, memory loss immediately before or after an accident, or any alteration and mental status or awareness. Each year, more than 1.5 million Americans sustain a traumatic brain injury (TBI). Brain
- [NJ Master Plumbers Laws & Regulations](https://www.criminalcivillawyer.com/nj-master-plumbers-laws-regulations/) - Requirements to Obtaining your License Three exams must be passed to become a Master Plumber: Trade, Business and Law, and Practical. Must be 21 years old for the Master. A $3,000 bond is required for licensure. No exam is required for the Journeyman, but 4 years of experience as an apprentice and 1 year Journeyman
- [NJ Drug & Alcohol Recovery Program (RAMP)](https://www.criminalcivillawyer.com/nj-drug-alcohol-recovery-program-ramp/) - About the Recovery and Monitoring Program The Recovery and Monitoring Program (RAMP) was established in 2003 as an Alternative to Discipline program, managed by the Institute for Nursing for the New Jersey Board of Nursing. It is a confidential, voluntary program that works with the Board of Nursing, employers and nurses to ensure public safety,
- [New Jersey Workers Compensation Lawyer](https://www.criminalcivillawyer.com/workers-compensation/) - Maximum Settlement for Workers' Compensation Cases in New Jersey Aggressive legal representation to help you focus on healing, not your work-related injury If you suffered a work-related injury or illness, you are entitled by law to just compensation, regardless of who was at fault. However, workers' compensation cases are complex and deserve a strong legal
- [Disability Benefits - New Jersey Workers Compensation](https://www.criminalcivillawyer.com/workers-compensation/disability-benefits-new-jersey-workers-compensation/) - When you are injured at work as a doctor determined that you are unable to perform your job duties and responsibilities you are entitled to temporary disability benefits. You are paid a straight rate of 70% of your weekly wage. You are not entitled to receive a percentage of overtime pay. If you are paid
- [Nursing Home Staff Injuries](https://www.criminalcivillawyer.com/workers-compensation/nursing-home-staff-injuries/) - A review of the attached New York Times link nursing home staff are struggling to provide the appropriate care to the adult resident population due to weight issues. The interesting aspect of this subject matter is the effect it has on the employees of the nursing homes. Hark and Hark represents numerous nursing home, adult
- [New Jersey Visitation Lawyer](https://www.criminalcivillawyer.com/new-jersey-visitation-lawyer/) - Visitation/Parenting Time in New Jersey Residential custody, physical custody, parenting time and visitation can all be used synonymously. They simply mean which parent has the child at the given time. Whichever parent has the child in their possession is required to partake in day-to-day decision making for that child. Duties of a residential custodian include
- [New Jersey Veteran's Court Program](https://www.criminalcivillawyer.com/new-jersey-veterans-court-program/) - "The Veterans Diversion Program in New Jersey allows eligible members of the armed services to avoid conviction for non-violent criminal offenses." Arrested Military Member in New Jersey? If you are a veteran or active member of the armed services arrested and charged with a crime in New Jersey, you may have more options than you
- [Medical Benefits - New Jersey Workers Compensation](https://www.criminalcivillawyer.com/workers-compensation/medical-benefits-new-jersey-workers-compensation/) - When you are injured in a Worker's Compensation accident you are entitled to have medical treatment provided to you at your employer expense. However prior to being able to attain the treatment there are several steps with much taken place first. Initially you must advise your employer of a work-related injury immediately. This means you
- [New Jersey Vehicle Accident Data](https://www.criminalcivillawyer.com/new-jersey-vehicle-accident-data/) - Vehicle accidents are a serious cause of injury and death in New Jersey. Here we have summarized vehicle accident data from 2014. If you or your family have suffered as a result of a vehicular accident, please contact Jeffrey Hark. Commercial Vehicle Accidents For the first quarter of 2014 an estimated 6,800 people died in
- [New Jersey Property Settlement Lawyer](https://www.criminalcivillawyer.com/new-jersey-property-settlement-lawyer/) - Property Settlement Agreement (PSA) in New Jersey A Property Settlement Agreement (PSA) also known as a Matrimonial Settlement Agreement (MSA) governs the terms of a divorce in New Jersey. Most divorces are resolved by agreement in either a PSA or MSA. The alternative to an agreement is to have the Judge decide the issues of
- [New Jersey DWI Lawyer](https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/) - NEW JERSEY DWI CENTER "Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. DUI in New Jersey often refers to a minor with any detectable amount of alcohol. In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or
- [New Jersey Family Law Lawyer](https://www.criminalcivillawyer.com/new-jersey-family-law-lawyer/) - Aggressive & compassionate representation to achieve the best result for you and your family. Without adequate legal representation, family law is personal, emotional and exhaustive. Navigating a divorce, custody battle, child support issue or alimony dispute could leave you in a compromised position. You risk ending up with less money than entitled or losing custody
- [New Jersey DWI Lawyer – Q & A](https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer-q-a/) - 1. What blood alcohol concentration is considered DWI? Answer: .08% 2. If convicted of a New Jersey DWI, what must the Court do regarding the license of the Defendant. Answer: Suspend the license for a prescribed period of time. 3. What is a conviction for DWI in New Jersey considered? Answer: A Motor Vehicle Violation
- [New Jersey DWI & Traffic Charges](https://www.criminalcivillawyer.com/new-jersey-dwi-traffic-charges/) - The following is a list of New Jersey DWI and Traffic charges. If you have been charged with any of the following crimes, contact DWI attorney Jeffery Hark to defend these criminal charges. DWI payments plans are also considered at Hark and Hark. (a) Except as provided in subsection (g) of this section, a person
- [New Jersey Divorce Lawyer](https://www.criminalcivillawyer.com/new-jersey-divorce-lawyer/) - Divorce in New Jersey can be a emotional, complicated, stressful, and expensive. An experienced divorce attorney can help guide you through the process and ease some of these concerns. Overview of the Process Complaint - Divorce is initiated by the filing of a divorce complaint. This document lays out the grounds for divorce as well as
- [New Jersey Criminal Lawyers](https://www.criminalcivillawyer.com/new-jersey-criminal-lawyer/) - When you need a criminal lawyer, there are a few things that need to set him or her apart from lawyers practicing other types of law. Without question, a criminal lawyer must be: Highly experienced in criminal law Aggressive - your freedom may be at stake Responsive to meet your needs immediately Highly experienced because
- [New Jersey Court Codes](https://www.criminalcivillawyer.com/new-jersey-court-codes/) - The following list of Court Codes may be helpful to you if you have a Driver's Abstract and you are trying to determine where a prior violation occurred. Atlantic County - Code A A02 Absecon City 0101 A03 Atlantic City 0102 A04 Brigantine City 0103 A05 Buena Boro 0104 A06 Buena Vista Twp 0105 A08
- [Dog Bite Lawyer New Jersey](https://www.criminalcivillawyer.com/civil-law/dog-bite-victims/) - Receive compensation for medical and rehabilitation costs of a dog attack in New Jersey with help of a dog bite lawyer.
- [Bus Accidents](https://www.criminalcivillawyer.com/civil-law/bus-accidents/) - Receive compensation if you were involved in a commercial motor vehicle accident or bus accident
- [New Jersey Child Support](https://www.criminalcivillawyer.com/new-jersey-child-support/) - Child support is meant as a benefit to children to maintain their standard of living, or one comparable, after divorce or separation. Child support is usually paid to the parent with the majority of parenting time, or the parent of primary residence for child support guidelines purposes, which will be discussed in more detail below.
- [New Jersey Alimony Lawyer](https://www.criminalcivillawyer.com/new-jersey-alimony-lawyer/) - Alimony in New Jersey Types of Alimony In New Jersey, there are a few different types of alimony: Limited-duration alimony. This is perhaps the most common type of alimony. Alimony is calculated for a set amount and a length of time. For instance, $20,000 per year payable for 5 years. Upon the 5th year, the
- [Negligent Inspection Truck Accidents in New Jersey](https://www.criminalcivillawyer.com/negligent-inspection-truck-accidents-in-new-jersey/) - Accidents Due to Negligent or Poor Maintenance of Trucks Large truck drivers must follow the federal and state laws that dictate how they should operate their trucks in a safe manner, sharing the road with everyone. Because a large truck, such as a big rig, tractor trailer, semi or a 18-wheeler can weigh up to
- [Lawyer Payment Plans](https://www.criminalcivillawyer.com/lawyer-payment-plans/) - Hark and Hark Law: Lawyer Payment Plan Information At Hark and Hark Law we recognize the legal defense process can have high emotional and financial costs associated with it. That is why we consider installment plans for certain legal defense situations. Legal Fee Payment Plan Guidelines 1. We are very sensitive to every clients' individual,
- [Negligent Company Scheduling](https://www.criminalcivillawyer.com/negligent-company-scheduling/) - New Jersey Truck Accident Attorney Negligent scheduling by trucking companies can be the cause of driver fatigue and aggressive driving, which are major causes of truck crashes in New Jersey. The U.S. Department of Transportation, through the Federal Motor Carrier Safety Administration (FMCSA), has specific hours-of-service regulations which are designed to place limits on the time
- [Medical Glossary](https://www.criminalcivillawyer.com/medical-glossary/) - MEDICAL TERMS: Acute - Of abrupt onset, in reference to a disease. Acute often also connotes an illness that is of short duration, rapidly progressive, and in need of urgent care. Anterior - Before or in front of. Arthrosis - An articulation or a joint between bones; a degenerative disease of a joint. Asymmetric -
- [Medical Committees](https://www.criminalcivillawyer.com/medical-committees/) - Screening Committee - The Screening Committee meets on a weekly basis. It consists of at least one Board member, the Medical Director, the Director of Case Development, the Executive Director of the Board and, at least one deputy attorney general. The Committee reviews all new complaints which come in from members of the public, institutions
- [Logging Truck Accidents](https://www.criminalcivillawyer.com/logging-truck-accidents/) - The logging industry has been a significant part of the nation's economy for hundreds of years. Unfortunately, logging can be a dangerous occupation with hundreds of logging truck accidents happening every year. On any given day, you can see a timber truck loaded with trees and brush driving in front of you. Unfortunately, these trucks
- [Jackknife Accidents](https://www.criminalcivillawyer.com/jackknife-accidents/) - Jackknifing is the folding of an articulated truck in a V-shape in an uncontrolled skidding movement. If a vehicle towing a trailer skids, the trailer can push it from behind until it spins and faces backwards. This may be caused by equipment failure, improper braking, or adverse road conditions such as an icy road surface.
- [Interstate Motor Carriers](https://www.criminalcivillawyer.com/interstate-motor-carriers/) - At Hark & Hark, New Jersey trucking accident victims can receive a consultation with a New Jersey trucking attorney who focuses on motor carrier law. Hark & Hark serves injured residents of New Jersey and those who were involved in an accident in New Jersey. When you speak with our trucking attorney Jeffrey S. Hark,
- [Medical License Defense](https://www.criminalcivillawyer.com/medical-license-defense/) - Medical License Defense for Doctors Medicine is the livelihood of doctors. Losing your ability to practice due to a criminal charge or accusation can be devastating to your reputation or career, even if found not guilty in a criminal matter. We understand this at Hark & Hark and are committed to helping doctors deal with
- [Gun & Weapon Offenses](https://www.criminalcivillawyer.com/gun-weapon-offenses/) - Weapon Charges in New Jersey Gun, firearm, and weapon charges in New Jersey are serious offenses. A conviction may result in a mandatory minimum jail sentence. The Graves Act (N.J.S.A. 2C:43-6) requires mandatory jail sentences with parole ineligibility for some convicted of a firearms charge, even if that person has no criminal record. If you
- [Gaitan v. Goulbourne](https://www.criminalcivillawyer.com/gaitan-v-goulbourne/) - SUPREME COURT OF NEW JERSEY A-109 September Term 2010 067613 A-129 September Term 2010 068039 STATE OF NEW JERSEY, Plaintiff-Appellant, v. FRENSEL GAITAN, Defendant-Respondent. STATE OF NEW JERSEY, Plaintiff-Appellant, v. ROHAN GOULBOURNE, Defendant-Respondent. Argued November 9, 2011 - Decided February 28, 2012 On certification to the Superior Court, Appellate Division, whose opinion is reported at
- [Internet Sex Crimes](https://www.criminalcivillawyer.com/internet-sex-crimes/) - Retain your freedom and protect your rights against internet sex crime charges Strategic defense ensures your case is handled ethically An effective defense strategy can make the difference between you being convicted of a serious Internet Sex Crime and being marked for life as a sexual predator - and retaining your freedom. Specialized criminal defense
- [Hazardous Truck Cargo](https://www.criminalcivillawyer.com/hazardous-truck-cargo/) - New Jersey Hazardous Truck Cargo Accident Attorney The federal government regulates and controls hazardous material transport in the United States. The Department of Transportation defines hazardous material as any item or chemical which is a risk to public safety or to the environment when it is being transported or moved. Hazardous cargo, if improperly handled, can cause
- [Gas and Oil Truck Accident Cases](https://www.criminalcivillawyer.com/gas-and-oil-truck-accident-cases/) - Oil and gas tanker trucks have a much higher center of gravity than other large trucks on the road, especially when they are full, which makes them more difficult to control and increases the risk of rollover accidents. Drilling companies must make sure that the drivers they hire to transport oil and gas are certified
- [Equipment Failure](https://www.criminalcivillawyer.com/equipment-failure/) - One of the most common causes of truck accidents is equipment failure. This can include manufacturing mistakes (such as defective tires) or design errors (such as failure to provide backing warning or object detection systems). However, most mechanical causes of truck accidents are caused by a failure to properly maintain the equipment. Some examples include:
- [Fraud Crime](https://www.criminalcivillawyer.com/fraud-crime/) - Reclaim your freedom with quick defense against fraud charges Aggressive strategies that get criminal fraud cases dismissed or acquitted Criminal fraud charges are time-sensitive, specialized cases that require critical knowledge and strategy to overcome. Jeffery Hark is a New Jersey criminal fraud attorney experienced in representing individuals against several types of fraud, including: internet fraud
- [FedEx Truck Accidents](https://www.criminalcivillawyer.com/fedex-truck-accidents/) - NEW JERSEY LEGAL HELP FOR THOSE INJURED IN AN ACCIDENT INVOLVING A FedEx VEHICLE If you suffered serious injury or lost a loved one in an accident involving a FedEx delivery truck, FedEx 18-wheeler or another FedEx vehicle, call New Jersey truck accident attorney Jeffrey S. Hark at Hark & Hark to receive a free
- [FAQ](https://www.criminalcivillawyer.com/faq/)
- [Dump Truck Accidents](https://www.criminalcivillawyer.com/dump-truck-accidents/) - Dump trucks are a common site on the roads in New Jersey where they are used in construction projects and for hauling sand, asphalt and other building materials. Unfortunately, serious injuries and fatalities often result when dump trucks collide with other vehicles: cars and trucks. This is due in large part to the weight of
- [Domestic Violence Restraining Orders in New Jersey](https://www.criminalcivillawyer.com/domestic-violence-restraining-orders-in-new-jersey/) - In New Jersey, there are two types of restraining orders: temporary restraining orders (TRO) and final restraining orders (FRO). TROs and FROs prevent another person from coming within a certain distance of the victim and prevents future communication. First, there are criteria a "victim" of domestic violence must meet in order to seek a TRO
- [Drug Crimes](https://www.criminalcivillawyer.com/new-jersey-drug-lawyer/) - Avoid harsh prosecution and jail time with strategically aggressive legal tactics from the New Jersey Drug Lawyer Choose a defense that can acquit charges or reduce the severity of your sentencing Drug related offenses can be harshly prosecuted and offenders can receive serious jail time if a strong defense is not involved. Fortunately, strategic defense
- [DUI/DWI Victims](https://www.criminalcivillawyer.com/duidwi-victims/) - Compensation for DUI/DWI personal injury victims in New Jersey caused by drunk drivers and bars who over-serve patrons DUI/DWI victim attorney deals with your case while you heal If you have been injured or involved in a car crash by a driver who was also charged with a DUI/DWI, you are entitled to a claim
- [Domestic Violence](https://www.criminalcivillawyer.com/domestic-violence/) - Domestic violence is a crime committed by a person against someone who is in an intimate relationship with the victim, has been in an intimate relationship with the victim, or lives in the same household as the victim. The exact definition of domestic violence varies from state to state. The term traditionally referred to violence
- [New Jersey DWI Links](https://www.criminalcivillawyer.com/nj-dwi-dui/new-jersey-dwi-links/) - New Jersey DWI Lawyer New Jersey DUI - State of NJ Motor Vehicle Commission New Jersey DWI - DMV New Jersey DWI Question & Answers New Jersey DWI Article New Jersey Drug Charges here
- [DUI Lawyer Payment Plans](https://www.criminalcivillawyer.com/dui-lawyer-payment-plans/) - Hark and Hark Law: DWI/DUI Lawyer Payment Plan Information At Hark and Hark Law we recognize the DWI/DUI defense process can have high emotional and financial costs associated with it. That is why we consider installment plans for certain DWI and DUI defense situations. DWI/DUI Payment Plan Guidelines 1. We are very sensitive to every
- [DUI Criminal Defense](https://www.criminalcivillawyer.com/dui-criminal-defense-new-jersey/) - DWI and DUI Defense If you were injured in a car accident because the other driver was driving under the influence of alcohol or drugs, you may be entitled to compensation for your injuries. At Hark & Hark, the legal team is well versed in all aspects of DWI and DUI law, from the prosecution
- [Drug/Mental Health Issues](https://www.criminalcivillawyer.com/drugmental-health-issues/) - Drug / Mental Health Issue License Defense Are you at risk of losing your professional license because of a drug or mental health issue? We represent license holders dealing with license repercussions due to mental health or drug issues. CLICK HERE to Contact Us Today and Arrange Your Free Consultation Nearly one in four American
- [Driver Error](https://www.criminalcivillawyer.com/driver-error/) - The most common cause of trucking accidents is driver error. Statistically, drivers of large trucks are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance. The Federal Motor Carrier Safety Administration (FMCSA) found that the action or inaction by drivers was the
- [DUI/DWI Criminal Defense](https://www.criminalcivillawyer.com/nj-dwi-dui/) - Overcome New Jersey DUI/DWI charges with minimal impact on your life Strategic defense can lessen your penalties or get your case dismissed Hark & Hark is experienced representing first, second, and subsequent offenders facing different types of DUI/DWI charges and traffic court violations, including: Property damage accidents involving DUI/DWI Injury or death resulting from DUI/DWI accident Probation
- [Criminal History Background Check](https://www.criminalcivillawyer.com/criminal-history-background-check/) - The Health Care Professional Responsibility and Reporting Enhancement Act (N.J.S.A.45:1-30 et seq.) requires that a criminal history background check be conducted for all health care professionals licensed or certified by the Division of Consumer Affairs by 2009. The criminal history background check process is as follows: Step 1. A Certification and Authorization Form must be
- [Dangerous Road Attorney](https://www.criminalcivillawyer.com/dangerous-road-attorney/) - New Jersey Dangerous Road Lawyer Many truck drivers and other motorists get injured and even killed on the U.S. highways due to dangerous road conditions. Sometimes these accidents involve vehicles crossing the center line and crashing. Sometimes they involve crossing into the shoulder and rolling over, dropping down a slope or cliff or colliding with
- [Distracted Truck Driver](https://www.criminalcivillawyer.com/distracted-truck-driver/) - New Jersey Distracted Truck Driver Accident Lawyer New Jersey Attorney Representing Victims of Trucking Accidents What is Distracted Driving? Distracted driving presents a big problem in New Jersey and across the country. In 2010, 3092 people were killed in crashes involving a distracted driver and an additional 416,000 were injured in motor vehicle crashes involving
- [Dental License Defense](https://www.criminalcivillawyer.com/dental-license-defense/) - Protect your New Jersey Dental License and reputation against career threatening charges Legal counsel can make the difference in your professional license defense case As a practicing dental professional, you worked hard to obtain your license or establish your practice. A review or investigation can mar your professional and personal reputation, or even put an
- [Construction Accident Injury](https://www.criminalcivillawyer.com/construction-accident-injury/) - Jeffrey Hark represents victims of construction accidents to help them get the compensation they need.
- [Civil Law Attorney](https://www.criminalcivillawyer.com/civil-law-attorney/) - At Hark and Hark we handle all litigation matters. Specifically, our office handles many substantial personal-injury matters involving significant and or catastrophic bodily injuries, death, disfigurement,scarring and psychological and psychiatric claims related to the bodily injury cases. We have handled cases against nationwide truck companies such as: UPS, FedEx, Jones Motor Company, and Carlisle Carriers.
- [Congressional DWI Bill – Ignition Interlock Devices](https://www.criminalcivillawyer.com/congressional-dwi-bill-ignition-interlock-devices/) - 112th CONGRESS, 1st Session United States Library of Congress S 273 Introduced in Senate February 3, 2011 S. 273 To amend chapter 1 of title 23, United States Code, to condition the receipt of certain highway funding by States on the enactment and enforcement by States of certain laws to prevent repeat intoxicated driving. IN
- [Common Cases of Truck Accidents](https://www.criminalcivillawyer.com/common-cases-of-truck-accidents/) - If you or a loved one has been the victim of a trucking accident, the questions of who is liable and what actually caused the accident are often much more complex than in a car accident case. There may be many parties involved, from the driver to the owner of the truck, and getting information
- [Commercial Truck Accidents](https://www.criminalcivillawyer.com/commercial-truck-accidents/) - The trucking companies, warehouses and private sector in the U.S. employ around 8.9 million people in trucking-related jobs. 15.5 million trucks operate in the U.S.. Of this number 2 million are tractor trailers. There are over 3.5 million truck drivers in the U.S.. Because commercial trucks are so much larger and heavier than other vehicles, the
- [Cement Truck Accidents](https://www.criminalcivillawyer.com/cement-truck-accidents/) - Cement trucks on New Jersey roads can create a serious risk for traffic and pedestrians around them and for the truck driver. Cement truck accidents often involve complex issues. When a cement truck collides with a car, severe injuries and even death may occur. There are many causes of cement truck accidents, including the design,
- [Attorney Code of Ethics](https://www.criminalcivillawyer.com/attorney-code-of-ethics/) - RPC 1.0 Terminology (a) "Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances. (b) "Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person
- [Attorney License Defense](https://www.criminalcivillawyer.com/attorney-license-defense/) - Professional License Defense for Attorneys Attorneys are dedicated to making the justice and the legal system function smoothly. Unfortunately, ethical and dedicated legal professionals may find themselves facing the serious ramifications of a potential disbarring. The New Jersey professional license defense team of Hark & Hark knows that the threat of disbarring can be a
- [Advanced Practice Nurse Certification](https://www.criminalcivillawyer.com/advanced-practice-nurse-certification/) - Advanced Practice Nurse FACTS: Certification via the New Jersey Board of Nursing is required to be an Advance Practice Nurse in New Jersey. N.J.A.C. 13:37-7.1 (a) Any nurse who wishes to practice as a nurse practitioner/clinical nurse specialist, or present, call or represent himself or herself as a nurse practitioner/clinical nurse specialist must be certified
- [Accounting License Defense](https://www.criminalcivillawyer.com/accounting-license-defense/) - Professional License Defense for Accountants As an Accountant you may be in jeopardy of losing your license if charged with or even accused of criminal matters. We handle the defense of a range of professionals such as Accountants, who are licensed and accused of professional misconduct. It is important to involve legal counsel early in
- [Accident and Injury](https://www.criminalcivillawyer.com/accident-and-injury/) - How to start healing process for an accident victim If you have come to this page, you are most likely looking for information about a recent accident that involved someone you know and care about. Perhaps you yourself were in a collision and want to find out what the police report said about it. Perhaps
- [18-wheeler/Semi-Trailer Truck Accidents](https://www.criminalcivillawyer.com/18-wheelersemi-trailer-truck-accidents/) - An 18-wheeler, also known as a semi-trailer truck, a big rig, a tractor-trailer or a transfer truck is a vehicle consisting of a tractor (a towing engine) and a semi-trailer or several trailers carrying the freight. A semi-trailer is attached to the towing vehicle at a point that is forward of the rear-most axle of
- [Professional License Defense](https://www.criminalcivillawyer.com/professional-license-defense/) - If you are a professional license holder issued by the state or another organization you may find yourself at risk of losing that license if charged with or accused of a crime. Even if the crime is unrelated to your professional work, the license may be suspended or revoked by the controlling party. Areas of
- [Criminal Lawyer](https://www.criminalcivillawyer.com/criminal-law/) - Experienced New Jersey criminal defense attorneys ensure you are justly represented. Experienced New Jersey criminal defense attorneys ensure you are justly represented. Whether you are facing criminal charges for the first time, or you have been through the system before, these matters are serious and come with a severe stigma attached that can affect your
- [New Jersey Civil Lawyer](https://www.criminalcivillawyer.com/civil-law/) - Strategic New Jersey Civil Law Attorney Ensures Your Case Is Successful The complex legal process requires experienced representation whether you are protecting your profession or seeking justice for an injury you sustained. If you are facing a situation that requires legal attention, Hark & Hark can help. Areas of Expertise in Civil Law Get A
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- [New Jersey Custody Lawyer](https://www.criminalcivillawyer.com/new-jersey-custody-lawyer/) - Custody in New Jersey The Difference Between Legal and Residential Custody Custody involves the parental rights to children. In New Jersey, there are two categories of custody: legal and residential. Legal Custody Legal Custody can be described as the ability to make major life decisions on a child's behalf. Examples of legal custody decisions include
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- [Truck Accident Resources](https://www.criminalcivillawyer.com/truck-accidents/truck-accident-resources/) - U.S. Department of Transportation TACT (Ticketing Aggressive Cars and Trucks) Program. The Ticketing Aggressive Cars and Trucks (TACT) program is a high-visibility traffic enforcement program that uses communication, enforcement, and evaluation activities to reduce CMV-related crashes, fatalities, and injuries. http://www.fhwa.dot.gov/webstate.cfm Related Sites and Resources: Association of Public Data Users Association of Pedestrian and Bicycle Professionals
- [Statute of Limitations Chart for New Jersey Commercial Claims](https://www.criminalcivillawyer.com/statute-of-limitations-chart-for-new-jersey-commercial-claims/) - Use this chart to understand how the statute of limitations may affect your commercial claims and civil suits in New Jersey. Statutes of limitations are laws that set the maximum amount of time after an event when a person can be charged with a crime. If you are involved in a commercial claim or civil suit -
- [Sexual Assault (Force/Coercion)](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/sexual-assault-force-coercion/) - (N.J.S.A. 2C:14-2c(1)) Defendant is charged in count___________of the indictment with sexual assault. [READ COUNT OF THE INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of sexual assault if he commits an act of sexual penetration with another person and the actor uses physical force or coercion but the victim
- [Sexual Assault - Victim Under Supervision](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/sexual-assault-victim-under-supervision/) - (N.J.S.A. 2C:14-2c(2)) Defendant is charged in count______________of the indictment with sexual assault. [READ COUNT OF THE INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of sexual assault if he commits an act of sexual penetration with another person and the victim is on probation or parole, or is detained
- [Sexual Assault - Victim Less Than 13  Act Or At Least 4 Years Older Than Victim](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/sexual-assault-victim-less-than-13-act-or-at-least-4-years-older-than-victim/) - (N.J.S.A. 2C:14-2b) Count ______ of the indictment charges the defendant with sexual assault. That section of our statutes provides in pertinent part: An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years
- [Sexual Assault - Victim At Least 16 But Less Than 18](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/sexual-assault-victim-at-least-16-but-less-than-18/) - (N.J.S.A. 2C:14-2c(3)) Count _______ of the indictment charges the defendant with sexual assault. That section of our statutes provides in pertinent part: An actor is guilty of sexual assault if he commits an act of sexual penetration with another person where the victim is at least sixteen but less than eighteen years old and: The
- [Sexual Assault - Defendent Four Years Older Than Victim Between 13 Aand 16](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/sexual-assault-defendent-four-years-older-than-victim-between-13-aand-16/) - (N.J.S.A. 2C:14-2c(4)) Count__________of the indictment charges the defendant with sexual assault. [READ COUNT OF INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of sexual assault if he commits an act of sexual penetration with another person where the victim is at least thirteen but less than sixteen years old
- [Lewdness (Victim less than 13 years of age)](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/lewdness-victim-less-than-13-years-of-age/) - (N.J.S.A. 2C:14‑4b(1)) [1] The pertinent part of the statute (N.J.S.A. 2C:14-4b(1)) on which this indictment is based reads as follows: A person commits an act of lewdness if: (He/she) exposes (his/her) intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the
- [Lewdness  (Victim with mental disease or defect)](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/lewdness-victim-with-mental-disease-or-defect/) - (N.J.S.A. 2C:14‑4b(2)) [1] The pertinent part of the statute (N.J.S.A. 2C:14-4b(2)) on which this indictment is based reads as follows: A person commits an act of lewdness if: (He/she) exposes (his/her) intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the
- [Lewdness](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/lewdness/) - (N.J.S.A. 2C:14‑4) Charge where applicable as a lesser included offense to indictable crimes under "Sexual Offenses" chapter of Title 2C. The indictment charges the defendant with . In the event you find the State has not proven each and every element of this crime to you beyond a reasonable doubt, then you should consider whether the
- [Criminal Sexual Contact | N.J.S.A 2C:14-3b[2C:14-2c(1) through (4)])](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/criminal-sexual-contact-n-j-s-a-2c14-3b2c14-2c1-through-4/) - N.J.S.A 2C:14-3b[2C:14-2c(1) through (4)]) Count _____ of the indictment charges defendant with criminal sexual contact. That section of our statutes provides in pertinent part: An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim and the actor uses physical force or coercion but the victim does
- [Aggravated Sexual Assault | (N.J.S.A. 2C:14-2a(5))](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-n-j-s-a-2c14-2a5/) - (N.J.S.A. 2C:14-2a(5)) Count_______of the indictment charges the defendant with aggravated sexual assault. [READ COUNT OF INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person and the actor is aided or abetted by one or more
- [Aggravated Sexual Assault | (N.J.S.A. 2C:14-2a(4))](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-n-j-s-a-2c14-2a4/) - (N.J.S.A. 2C:14-2a(4)) Count____________of the indictment charges the defendant with aggravated sexual assault. [READ COUNT OF INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person when he is armed with a weapon or any object fashioned
- [Aggravated Sexual Assault | (N.J.S.A. 2C:14-2a(3))](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-n-j-s-a-2c14-2a3/) - (N.J.S.A. 2C:14-2a(3)) That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person during the commission or attempted commission, whether alone or with one or other persons of [choose appropriate] robbery, kidnapping, homicide, aggravated assault on another, burglary,
- [Aggravated Sexual Assault (Mentally Incapcitated)](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-mentally-incapcitated/) - (N.J.S.A. 2C:14-2a(7)) Count____________of the indictment charges the defendant with aggravated sexual assault. [READ COUNT OF INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person whom the actor knew or should have known was [choose appropriate]
- [Aggravated Sexual Assault - Victim Less Than 13](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-victim-less-than-13/) - (N.J.S.A. 2C:14-2a(1)) Count___________of the indictment charges the defendant with aggravated sexual assault. [READ COUNT OF INDICTMENT]. That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person where the victim is less than thirteen years old. In order
- [Aggravated Sexual Assault - Victim At Least 13 But Less Than 16](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-victim-at-least-13-but-less-than-16/) - (N.J.S.A. 2C:14-2a(2)) Count ________ of the indictment charges the defendant with aggravated sexual assault. That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person where the victim is at least thirteen but less than sixteen years old
- [Aggravated Sexual Assault - Physical Force Or Coercion With Severe Personal Injury](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-sexual-assault-physical-force-or-coercion-with-severe-personal-injury/) - (N.J.S.A. 2C:14-2a(6)) Count_______of the indictment charges the defendant with aggravated sexual assault. That section of our statutes provides in pertinent part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person and the actor uses physical force or coercion and severe personal injury is sustained by
- [Aggravated Criminal Sexual Contact During Course Of A Felony](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-criminal-sexual-contact-during-course-of-a-felony/) - (N.J.S.A.2C:14-3a[2C:14-2a(3)] Count ______ of the indictment charges the defendant with aggravated criminal sexual contact during the [commission] [attempted commission] of (underlying crime). That section of our statutes provides in pertinent part: A person is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with another person during the commission or
- [Aggravated Criminal Sexual Contact | N.J.S.A. 2C:14‑3a [2C:14-2a(6)]](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-criminal-sexual-contact-n-j-s-a-2c14‑3a-2c14-2a6/) - N.J.S.A. 2C:14‑3a [2C:14-2a(6)]) The indictment charges the defendant with aggravated criminal sexual contact as follows: The statute on which this charge is based provides that an actor is guilty of aggravated criminal sexual contact if [he/she] commits an act of sexual contact with another person, using physical force or coercion, and severe personal injury is sustained
- [Aggravated Criminal Sexual Contact | N.J.S.A. 2C:14‑3a [2C:14-2a(5)(a) and(b)]](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-criminal-sexual-contact-n-j-s-a-2c14‑3a-2c14-2a5a-andb/) - N.J.S.A. 2C:14‑3a [2C:14-2a(5)(a) and(b)]) The indictment charges the defendant with aggravated criminal sexual contact as follows: The statute on which this charge is based provides that an actor is guilty of aggravated criminal sexual contact if, aided and abetted by one or more other persons, [he/she] commits an act of sexual contact with another person, and
- [Aggravated Criminal Sexual Contact | N.J.S.A. 2C:14-3a [2C:14-2a(2]](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-criminal-sexual-contact-n-j-s-a-2c14-3a-2c14-2a2/) - (N.J.S.A. 2C:14-3a [2C:14-2a(2]) Revised 3/10/08 Count _______ of the indictment charges the defendant with aggravated criminal sexual contact. That section of our statutes provides in pertinent part: An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with a victim who is at least 13 years old but
- [Aggravated Criminal Sexual Contact (Victim Helpless, Mentally Defective, Incapacitated)](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-criminal-sexual-contact-victim-helpless-mentally-defective-incapacitated/) - N.J.S.A. 2C:14-3a [2C:14-2a(7)]) Count_____ of the indictment charges the defendant with aggravated criminal sexual contact. That section of our statutes provides in pertinent part: A person is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with another person whom the actor knew or should have known was [choose appropriate] (physically helpless)
- [Aggravated Criminal Sexual Contact – While Armed | N.J.S.A. 2C:14-3a [2C:14-2a(4]](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/aggravated-criminal-sexual-contact-while-armed-n-j-s-a-2c14-3a-2c14-2a4/) - N.J.S.A. 2C:14-3a [2C:14-2a(4] Count ________ of the indictment charges the defendant with aggravated criminal sexual contact. That section of our statutes provides in pertinent part: An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with another person while armed with a weapon or any object fashioned in
- [Selective Insurance Co. of America v. Rothman](https://www.criminalcivillawyer.com/selective-insurance-co-of-america-v-rothman/) - A Professional License Defense Sample Case SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff-Respondent, v. ARTHUR C. ROTHMAN, M.D.,Procedural History: This dispute arose as a result of the electrodiagnostic test known as needle electromyography (EMG) that defendant, Arthur Rothman, M.D., rendered to an auto accident victim and for which defendant submitted personal injury protection (PIP) claims to
- [Hours of Service Regulations](https://www.criminalcivillawyer.com/regulations/hours-of-service-regulations/) - How the Hours-of-Service Regulations Can Help Prevent Accidents Attempting to ensure the safety of truck drivers, and everyone else on the road Originally published here. There is no denying the relationship between commercial motor vehicle operators who work long daily and weekly hours and chronic fatigue, a high risk of crashes and serious, chronic driver-health
- [Regulations](https://www.criminalcivillawyer.com/regulations/) - For more information of Federal traffic rules and regulations visit the Federal Motor Carrier Safety Administration website.
- [Uniform Enforcement Act--New Jersey Board of Nursing](https://www.criminalcivillawyer.com/professional-license-defense-resources/uniform-enforcement-act-new-jersey-board-of-nursing/) - New Jersey Statutes Annotated Title 45. Chapter 1. Uniform Enforcement Act 45:1-14. Legislative findings and declarations; liberal construction of act The Legislature finds and declares that effective implementation of consumer protection laws and the administration of laws pertaining to the professional and occupational boards located within the Division of Consumer Affairs require uniform investigative and
- [ROBIN B. WOJTKOWIAK,  Complainant-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION and NEW JERSEY DIVISION ON CIVIL RIGHTS Respondents-Respondents.](https://www.criminalcivillawyer.com/professional-license-defense-resources/robin-b-wojtkowiak-complainant-appellant-v-new-jersey-motor-vehicle-commission-and-new-jersey-division-on-civil-rights-respondents-respondents/) - Argued November 10, 2014 - Decided January 2, 2015 Before Judges Sabatino, Simonelli, and Leone. On appeal from the New Jersey Division on Civil Rights, Docket No. PL11MG-63480. Alan H. Schorr argued the cause for appellant (Alan H. Schorr & Associates, P.C., attorneys; Mr. Schorr and Arykah A. Trabosh, on the briefs). Megan J. Harris,
- [CHAPTER 45C UNIFORM REGULATIONS](https://www.criminalcivillawyer.com/professional-license-defense-resources/chapter-45c-uniform-regulations/) - CHAPTER 45C UNIFORM REGULATIONS Authority N.J.S.A. 53-30.2,45: I-17(b) and 52: 178-122. Source and Effective Date R.2006 d.81, effective January 26,2006. See: 37 N.J.R. 3268(a), 38 N.J.R. 1215(b). Chapter Expiration Date Chapter 45C, Uniform Regulations, expires on January 26,201 1 Chapter 45C, Uniform Regulations, was adopted as R.1995 d.414, effective August 7, 1995. See: 26 N.J.R.
- [2013 New Jersey Revised Statutes Title 45 - PROFESSIONS AND OCCUPATIONS Section 45:1-22 - Additional, alternative penalties.](https://www.criminalcivillawyer.com/professional-license-defense-resources/2013-new-jersey-revised-statutes-title-45-professions-and-occupations-section-451-22-additional-alternative-penalties/) - 9. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, registration or certificate issued by it, a board may, after affording an opportunity to be heard: a. Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practice which
- [2013 New Jersey Revised Statutes Title 45 - PROFESSIONS AND OCCUPATIONS Section 45:1-21 - Refusal to license or renew, grounds.](https://www.criminalcivillawyer.com/professional-license-defense-resources/2013-new-jersey-revised-statutes-title-45-professions-and-occupations-section-451-21-refusal-to-license-or-renew-grounds/) - 8.A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license: a. Has obtained a certificate, registration, license or authorization to sit for
- [NJ CRIMINAL CASE - State v. Jones (DOCKET NO. A-5186-10T2)](https://www.criminalcivillawyer.com/nj-criminal-case-samples/nj-criminal-case-jones/) - On April 17, 2012, the Appellate Division ruled that an expert opinion related to the possession of cocaine by the defendant with intent to distribute cocaine was improper because it was expressed in a manner directly commenting on the defendant's guilt. Generally, the opinion of an expert in a drug distribution case should be expressed
- [NJ CRIMINAL CASE - Pena-Flores](https://www.criminalcivillawyer.com/nj-criminal-case-samples/nj-criminal-case-penaflores/) - SUPREME COURT OF NEW JERSEY September Terms 2010/2011 --- STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, A-117-10 v. 067687 THOMAS J. SHANNON, PLAINTIFF-RESPONDENT. --- STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, A-18-11 v. 068220 THOMAS J. SHANNON, PLAINTIFF-RESPONDENT. --- STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, A-21-11 v. 068233 ANTONIO C. DESHAZO, DEFENDANT-RESPONDENT. --- STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, A-23-11 v.
- [NJ CRIMINAL CASE - Pena-Flores](https://www.criminalcivillawyer.com/nj-criminal-case-samples/nj-criminal-case-pena-flores/) - No. 10-945. Justice KENNEDY delivered the opinion of the Court, except as to Part IV, concluding that the search procedures at the county jails struck a reasonable balance between inmate privacy and the needs of the institutions, and thus the Fourth and Fourteenth Amendments do not require adoption of the framework and rules petitioner proposes.
- [NJ CRIMINAL CASE - FRIEDMAN](https://www.criminalcivillawyer.com/nj-criminal-case-samples/nj-criminal-case-friedman/) - State v. Friedman --- A.3d ----, 2012 WL 178254 N.J.,2012. Background: Defendant pled guilty in the Superior Court, Law Division, Camden County, to three counts of second-degree aggravated assault. Defendant appealed. The Superior Court, Appellate Division, 413 N.J.Super. 480, 996 A.2d 457, reversed. State filed petition for certification. Holdings: The Supreme Court, Wefing, J., Temporarily
- [New Jersey DWI Sample Case – State v. Sylvia](https://www.criminalcivillawyer.com/new-jersey-dwi-sample-case-state-v-sylvia/) - APPROVED FOR PUBLICATION February 22, 2012 APPELLATE DIVISION SUPERIOR COURT OF NJ APPELLATE DIVISION DOCKET NO. A-3477-10T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EDWARD F. SYLVIA, JR., Defendant-Appellant. Submitted January 17, 2012 - Decided February 22, 2012 Before Judges Parrillo, Grall and Skillman. On appeal from Superior Court of New Jersey, Law Division, Gloucester County,
- [New Jersey DWI Sample Case – State v. Maclay](https://www.criminalcivillawyer.com/new-jersey-dwi-sample-case-state-v-maclay/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION D DOCKET NO. A-4542-10T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK W. MACLAY, Defendant-Appellant. Argued February 1, 2012 - Decided February 22, 2012 Amended February 29, 2012 Before Judges Sapp-Peterson and Ostrer. On appeal from the Superior Court of New Jersey, Law Division, Morris County, Municipal Appeal No.
- [NEW JERSEY DWI CENTER](https://www.criminalcivillawyer.com/new-jersey-dwi-center/) - SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4384-09T3 A-4775-09T3 STATE OF NEW JERSEY, Plaintiff-Appellant, v. NICOLE M. HOLLAND, Defendant-Respondent. ___________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. KENNETH S. PIZZO, JR., Defendant-Appellant. ___________________________ Argued February 8, 2011 - Remanded Re-argued November 7, 2011 - Decided Before Judges Parrillo, Alvarez and Skillman. On appeal from
- [New Jersey DWI Article](https://www.criminalcivillawyer.com/new-jersey-dwi-article/) - Robert A. Diehl 02-03-2011 Last July, the state Supreme Court granted a defendant liquor licensee leave to appeal the Appellate Division's decision in Voss v. Tranquilino , 413 N.J. Super 82 (App.Div. 2010), in which the court held that an individual who is convicted of, or pleads guilty to, driving while intoxicated may bring a
- [Verdict Sheet](https://www.criminalcivillawyer.com/new-jersey-drug-charges/verdict-sheet/) - Approved 10/17/88 How do you find as to Count of the indictment, charging the defendant with (distribution) (possession with intent to distribute) (manufacture) of (insert appropriate CDS) (controlled substance analog): _______ NOT GUILTY ________ GUILTY If you have found the defendant guilty, how do you find as to the quantity or (insert appropriate CDS) (controlled
- [Unlawful Possession of a Controlled Dangerous Substance](https://www.criminalcivillawyer.com/new-jersey-drug-charges/unlawful-possession/) - Count of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35‑10) on which this indictment is based reads as follows: The various kinds of controlled dangerous substances are defined in another part of our statute. (Insert appropriate CDS, e.g., heroin, cocaine, etc.) is a controlled dangerous substance prohibited by
- [Supplemental Charge To Offenses Set Forth In N.J.S.A.](https://www.criminalcivillawyer.com/new-jersey-drug-charges/supplemental/) - Revised 2/3/92 [THE FOLLOWING SHOULD BE CHARGED ONLY WHEN THE INDICTMENT OR ACCUSATION ALLEGES AGGREGATION OF INDIVIDUAL ACTS] [You may aggregate (insert the appropriate CDS or Controlled Substance analog) when you find that separate amounts of the (insert the appropriate CDS or Controlled Substance analog) were obtained/possessed or distributed or manufactured according to a scheme
- [Strict Liability for Drug Induced Deaths](https://www.criminalcivillawyer.com/new-jersey-drug-charges/drug-induced-deaths/) - Approved 9/15/97 (Count ________ of) the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35-9) on which this indictment is based reads as follows: This statute, read together with the indictment, identifies the elements which the State must prove beyond a reasonable doubt to establish guilt of the defendant on
- [Possession with Intent to Distribute Controlled Dangerous Substances near or on School Property Used for School Purposes](https://www.criminalcivillawyer.com/new-jersey-drug-charges/possession-with-intent-to-distribute/) - The defendant is charged with possessing with intent to distribute a controlled dangerous substance near or on school property, used for school purposes. The statute upon which this charge is based reads, in its pertinent part, as follows: Any person who violates [another section of our law] by possessing with intent to distribute a controlled
- [Possession of an Imitation Controlled Dangerous Substance with Intent to Distribute](https://www.criminalcivillawyer.com/new-jersey-drug-charges/intent-to-distribute/) - Approved 3-19-90 Count___________ of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35‑11) on which this indictment is based reads as follows: a. It is unlawful for any person . . . to possess or have under his control with intent to distribute any substance which is not a
- [Possession of a Controlled Dangerous Substance with Intent to Distribute In Proximity to Public Housing Facilities, Parks or Buildings](https://www.criminalcivillawyer.com/new-jersey-drug-charges/possession-of-a-controlled-dangerous-substance-with-intent-to-distribute-in-proximity-to-public-housing-facilities-parks-or-buildings/) - Approved 3/26/01 Count _______ of the indictment charges the defendant with possession of a controlled dangerous substance with intent to distribute in proximity to Public Housing Facilities, Parks or Buildings. The pertinent part of the statute upon which this count of the indictment is based reads as follows: Any person who violates [another section of
- [Possession of a Controlled Dangerous Substance with Intent to Distribute In Proximity to Public Housing Facilities, Parks or Buildings](https://www.criminalcivillawyer.com/new-jersey-drug-charges/intent-distributing-to-public-housing/) - Approved 3/26/01 Count _______ of the indictment charges the defendant with possession of a controlled dangerous substance with intent to distribute in proximity to Public Housing Facilities, Parks or Buildings. The pertinent part of the statute upon which this count of the indictment is based reads as follows: Any person who violates [another section of
- [Possession of a Controlled Dangerous Substance with Intent to Distribute](https://www.criminalcivillawyer.com/new-jersey-drug-charges/drug-charges-possession-controlled-dangerous-substance/) - Count of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35-5) on which this indictment is based reads as follows: The various kinds of substances are defined in another part of our statute. (Insert appropriate CDS, e.g., heroin, cocaine, etc.) is a dangerous substance prohibited by statute. (The defendant
- [Manufacturing of a Controlled Dangerous Substance](https://www.criminalcivillawyer.com/new-jersey-drug-charges/manufacturing/) - Approved 10/17/88 Count of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35‑5) on which this indictment is based reads as follows: The various kinds of substances are defined in another part of our statute. (Insert appropriate CDS, e.g., heroin, cocaine, etc.) is a dangerous substance prohibited by the
- [Maintaining or Operating a Controlled Dangerous Substance Production Facility](https://www.criminalcivillawyer.com/new-jersey-drug-charges/maintaining-production-facility/) - Revised 12/11/00 Count of the indictment charges the defendant with the crime of maintaining or operating a controlled dangerous substance production facility. That section of our statutes provides in pertinent part that: Any person who knowingly maintains or operates any premises, place, or facility used for the manufacture of [choose appropriate CDS or controlled substance
- [Leader of Narcotics Trafficking Network](https://www.criminalcivillawyer.com/new-jersey-drug-charges/leader-narcotics-network/) - Revised 10/23/00 Count of the indictment charges defendant with the crime of being a leader of a narcotics trafficking network. That section of our statutes provides in pertinent part that A person is a leader of a narcotics trafficking network if he/she conspires with two or more other persons in a scheme or course of
- [Leader of Drug Trafficking Network](https://www.criminalcivillawyer.com/new-jersey-drug-charges/leader-drug-trafficking/) - Revised 2/26/96 The indictment charges defendant with the crime of being a leader of a drug trafficking network. That section of our statutes provides in pertinent part that A person is a leader of a narcotics trafficking network if he/she conspires with others as an organizer, supervisor, financier or manager, to engage for profit in
- [Employing a Juvenile in a Drug Distribution Scheme](https://www.criminalcivillawyer.com/new-jersey-drug-charges/juvenile-distribution/) - Revised 4/20/98 The defendant(s) is (are) charged in count of the indictment with the crime of employing a juvenile in a drug distribution scheme. (HERE READ PERTINENT COUNT OF INDICTMENT) That section of our statutes provides in pertinent part that: Any person being at least 18 years of age who knowingly uses, solicits, directs, hires
- [Distribution of an Imitation Controlled Dangerous Substance](https://www.criminalcivillawyer.com/new-jersey-drug-charges/distribution-imitation-substance/) - Approved 3-19-90 Count of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35‑11) on which this indictment is based reads as follows: a. It is unlawful for any person to distribute any substance which is not a controlled dangerous substance or controlled substance analog: (1) Upon the express or
- [Distribution of a Controlled Dangerous Substance](https://www.criminalcivillawyer.com/new-jersey-drug-charges/distribution-of-a-controlled-dangerous-substance/) - Count of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:35‑5) on which this indictment is based reads as follows: The various kinds of substances are defined in another part of our statute. (Insert appropriate CDS, eg. heroin, cocaine, etc.) is a dangerous substance prohibited by the statute. (The
- [Distributing or Dispensing Controlled Dangerous Substances Near or On School Property Used For School Purposes](https://www.criminalcivillawyer.com/new-jersey-drug-charges/distributing-on-school-property/) - Approved 1/6/92 The defendant is charged with (distributing) (dispensing) a controlled dangerous substance near or on school property, used for school purposes. The statute upon which this charge is based reads, in its pertinent part, as follows: Any person who violates [another section of our law] by distributing or dispensing a controlled dangerous substance [or
- [Distributing a Controlled Substance: Proximity to Public Housing Facilities, Parks or Buildings](https://www.criminalcivillawyer.com/new-jersey-drug-charges/distributing-to-public-housing/) - Approved 3/26/01 Count _______ of the indictment charges the defendant with distributing a controlled dangerous substance in proximity to Public Housing Facilities, Parks or Buildings. The pertinent part of the statute (N.J.S.A. 2C:35-7.1) upon which this count of the indictment is based reads as follows: Any person who violates [another section of our law] by
- [Unlawful Possession of Weapon Other Than a Firearm While Committing Certain Drug Crimes](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/weapon-other-than-firearm/) - Approved (3/22/04) [Defendant] is charged with possessing a weapon under circumstances not manifestly appropriate for such lawful uses as the weapon may have while in the course of committing, attempting to commit, or conspiring to commit a violation of certain laws.[1] This charge is based on a statute which reads: "Any person who has in
- [Unlawful Possession of a Weapon](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/unlawful-possession-weapon/) - Revised 04/18/05 The defendant is charged with knowingly having in his/her possession a weapon. [READ COUNT OF INDICTMENT]. That section of our statutes provides in pertinent part: "Any person who knowingly has in his possession any [1] other weapon under circumstances not manifestly appropriate for such lawful uses as it may have, is guilty of
- [Unlawful Possession of a Rifle or Shotgun](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-of-rifle-shotgun/) - Approved 12/11/00 Defendant(s), , is charged in count _____ with unlawful possession of a (rifle)(shotgun). The pertinent language of the statute the defendant is charged with having violated reads as follows: Any person who knowingly has in his possession any (rifle)(shotgun) . . . without first having obtained a firearms purchaser identification card ... is
- [Unlawful Possession of a Handgun](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-of-handgun/) - Defendant(s) is charged in count with unlawful possession of a handgun. The statute upon which this count is based reads as follows: Any person who knowingly has in his possession any handgun . . . without first having obtained a permit to carry the same . . . is guilty of a crime. In order
- [Possession of Weapon with a Purpose to Use It Unlawfully Against the Person or Property of Another](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-against-property/) - Revised 6/16/03 The count of the Indictment charges the defendant, , with the crime of possession of a weapon with a purpose to use it unlawfully against the person or property of another. The statute on which this count of the Indictment is based reads in pertinent part: "Any person who has in his possession
- [Possession of Weapon Other Than a Firearm with a Purpose to Use It Unlawfully Against the Person or Property of another While Committing Certain Drug Crimes](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/charges-weapon-not-firearm/) - Approved (3/22/04) [Defendant] is charged with possessing a weapon with a purpose to use it unlawfully against the person or property of another while in the course of committing, attempting to commit, or conspiring to commit a violation of certain laws.[1] This charge is based on a statute which reads: "Any person who has in
- [Possession of Prohibited Weapons and Devices](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-weapons-devices/) - Approved 6/13/05 Count of the indictment charges the defendant as follows: The pertinent part of the statute (N.J.S.A. 2C:39-3f) on which this indictment is based reads as follows: Except as authorized by statute, it shall be unlawful for any person knowingly to possess any (hollow nose or dum-dum bullet) [or] (body armor breaching or penetrating
- [Possession of Firearms, Weapons - Destructive Devices - Silencers or Explosives in a Vehicle](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/weapons-firearms-destructive-devices/) - Approved 3/30/93 I have previously instructed you concerning your consideration of circumstantial evidence presented in this case. That is, you may infer a fact from other facts in the case if you find it more probable than not that the inferred fact is true. Evidence has been presented that a was found in a vehicle.
- [Possession of Firearm While Committing Certain Drug Crimes](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-while-committing-drug-crimes/) - Approved 3/22/04 [Defendant] is charged with possessing a firearm while in the course of committing, attempting to commit, or conspiring to commit a violation of certain laws.[1] This charge is based on a statute which reads: "Any person who has in his possession any firearm while in the course of committing, attempting to commit, or
- [Possession of Certain Weapons](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-certain-weapon/) - Count _____ of the indictment charges defendant with the offense of possession of a (weapon specified in charge). In pertinent part, the indictment alleges that: In order to convict defendant of this offense, you must be satisfied that the State has proved beyond a reasonable doubt both of the following two elements: 1. That (Exhibit
- [Possession of an Imitation Firearm for Unlawful Purpose](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-imitation-firearm/) - Approved 12/8/97 The ___________ count of the Indictment charges the defendant, _________________, with the crime of possession of an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose. The statute on which this count of the Indictment is based reads in pertinent part: Any
- [Possession of a Sawed-Off Shotgun](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-sawed-off-shotgun/) - Count _____ charges defendant with possession of a sawed-off shotgun. The pertinent part of the statute on which the indictment is based states that: "[a]ny person who knowingly has in his possession any sawed-off shotgun is guilty of a crime[.]" In order to convict defendant of this offense, you must be satisfied that the State
- [Possession of a Firearm with a Purpose to Use It Unlawfully](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/firearm-against-person/) - Revised 6/16/03 The count of the Indictment charges the defendant, , with the crime of possession of a firearm with a purpose to use it unlawfully against the person or property of another. The statute on which this count of the Indictment is based reads in pertinent part: "Any person who has in his possession
- [Possession of a Defaced Firearm](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/possession-defaced-firearm/) - Count _____ of the indictment charges defendant with possession of a defaced firearm. In order to convict defendant of this offense, you must be satisfied that the State has proved each of the following three elements beyond a reasonable doubt: (That Exhibit S-____ is a firearm) (that there was a firearm); (That Exhibit S-____ is
- [Timothy Seidel, Fatal Cop Crash - Represented by Jeffrey Hark, New Jersey Criminal Lawyer](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/timothy-seidel-represented-by-jeffrey-hark-new-jersey-criminal-lawyer/) - Updated July 18, 2014 July 23, 2012 BRIDGETON, NJ - An arraignment hearing in state court is set for this morning for Timothy W. Seidel II, the Commercial Township man charged in a crash July 8 that killed a Millville police officer and injured another. Driver in crash that killed Millville police officer admitted to
- [Timothy Seidel Faces Additional Charges](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/timothy-seidel-faces-additional-charges/) - MILLVILLE - A Commercial Township man in custody for a July 8 crash here that killed a city police officer was additionally charged on Thursday with driving while intoxicated and reckless driving in that incident. Timothy W. Seidel II already is in Cumberland County Jail on far more serious charges of first-degree aggravated manslaughter, eluding
- [Taverns Beware](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/taverns-beware/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > On April 29, 2010 the New Jersey Appellate Division decided in the case of Voss v. Tranquilino, that a guilty plea or conviction at trial for a DWI does not bar the intoxicated driver from filing a dram shop
- [State v. Privott - Lifting Clothing During A Frisk](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/state-v-privott-lifting-clothing-during-a-frisk/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM Yesterday, the New Jersey Supreme Court ruled that the fact that the police have a legitimate basis to frisk a criminal suspect for weapons does not provide the officers with the right to lift the suspect's clothing for the purpose of recovering
- [State v. Marquez](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/state-v-marquez/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM In a stunning 4-3 decision, the New Jersey Supreme Court, reversing the state appellate court, ruled this morning in State v. Marquez that a person who has been arrested for drunk driving has the right to be informed of the obligation to
- [State v. Mann](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/new-jersey-criminal-lawyer-warrants/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM This morning, the New Jersey Supreme Court ruled that under our state's law, the plain view exception to the warrant requirement has three elements. These include: 1. The police officer must be lawfully in the viewing area. 2. The officer has to
- [State v. Federico, 180 Max Jail Time Allowed in Municipal Court](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/new-jersey-criminal-lawyer-municipal-court/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM In a decision handed down this morning, July 12, 2010, the Appellate Division ruled in State v. Federico that jail terms imposed as a result of multiple traffic ticket convictions arising out of a single incident may not exceed 180 days in
- [State v. Enright](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/new-jersey-criminal-lawyer-law-division/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM In this morning's Appellate Division decision in State v. Enright, the Court held that the Law Division is not bound by an improperly granted order under State v. Laurick, 120 N.J. 1 (1990). The order in question provided that the defendant's previous
- [State v. Carjaval - NJ Supreme Court](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/criminal-search/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > The police approached the defendant when he got off a bus from Miami to New Jersey to question him about where he was going, based on information from a confidential informant. The defendant denied having brought any luggage with
- [State of New Jersey v. Mai - Case Summary](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/state-of-new-jersey-v-mai-case-summary/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > An officer is allowed to open the door of a vehicle as part of ordering an occupant of the vehicle to exit when facts in the totality of the circumstances create a heightened sense of danger in the officer.
- [Searching Without a Warrant Leads to Suppressed Evidence](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/searching-without-a-warrant-leads-to-suppressed-evidence/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > The charges against the defendant arose form a warrantless search of his person and his residence. The police had detained the defendant to investigate his involvement in a reported shooting of a firearm. When the police went to speak
- [Rear End Collision - $250,000 POLICY LIMITS RECOVERY](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/rear-end-collision-250000-policy-limits-recovery/) - Camden County, NJ Plaintiff's neurosurgical expert: Joan O'Shea, MD in Marlton, NJ. Plaintiff's orthopedic surgical expert: Gary Goldstein, MD from Voorhees, NJ. Rose vs. Trettin & Callin. Docket no. CAM-L-1328-11,12-12. Attorney for plaintiff: Jeffrey Hark of Hark & Hark in Cherry Hill, NJ.
- [Quereshi v. Cintas Corporation](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/quereshi-v-cintas-corporation/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > The issue here is whether a judge of compensation must award counsel fees in addition to a penalty when an employer fails to make timely payment of temporary disability benefits and the appropriate standard to fashion the reasonable attorneys'
- [Proposed Revision to New Jersey DWI Law - Major Change to the Law](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/proposed-revision-to-new-jersey-dwi-law-major-change-to-the-law/) - SENATE BILL NO. 2427 (Introduced 1/8/13) For a first offender whose blood alcohol concentration (BAC) is greater than .08% but less than .10%, the IID would be installed for three to six months; first offender's BAC is greater than .10%, the device would be installed for seven months to one year. A second offender would
- [No Legal Requirement for Medicare on Settlement Checks](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/new-jersey-criminal-lawyer-medicare-settlements/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM Many insurance companies are insisting on putting Medicare as a payee on settlement checks. As Clayton Starnes of The Plaintiff's Resource points out in the following piece there is no legal requirement for Medicare to be made a payee on settlement checks.
- [New Jersey Seal Belt Law Amended](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/new-jersey-seal-belt-law-amended/) - HARK & HARK Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > [5/31/10 - 10:30 pm] The Legisture has amended the provisions of New Jersey's seatbelt law under NJSA 39:3-76-2(f) and (g) to require that all occupants of a passenger automobile, including adults who are seated in the
- [New Jersey Has Also Changed the Refusal Laws](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/new-jersey-has-also-changed-the-refusal-laws/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > Happy New Year to all my readers. Last month Govenor Corizine, before leaving office, signed into law changes to the penalties for drunk drivers with high breath test results and for those who refuse to submit to the breath
- [Medicare Secondary Payer Statute](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/medicare-secondary-payer-statute/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM NJ appellate Division recently addressed Medicare Liens for personal injury matters in Jackson v. Time Warner, et als. Following a negotiated settlement plaintiff's counsel filed a motion witht he law divsion court seeking a court ordered allocation of the settlement proceeds in
- [Ineffective Assistance by PD Leads To $550,000 Recovery From State](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/ineffective-assistance-by-pd-leads-to-550000-recovery-from-state/) - By Mary Pat Gallagher All Articles New Jersey Law Journal January 2, 2013 A man whose conviction of child molestation was overturned because his public defender provided an inadequate defense will recover more than half a million dollars from the state. Most of the compensation to be paid Lewis Hagan is the result of a
- [Four Loko - Caffeine and Alcohol Beverage Manufacturer](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/four-loco/) - HARK & HARK Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM On Tuesday, November 16, 2010, the maker of Four Loko, a caffeinated liquor and malt beverage, announced the company's intent to reformulate its products to remove caffeine, guarana and taurine nationwide. From this point onward only non-caffeinated versions of
- [Criminal Pleas & Deportation](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/criminal-pleas-deportation/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > Yesterday, the US Supreme Court ruled that because of the clear and obvious possiblity of deportation following a conviction for a criminal offense (either by way of plea agreement or trial), the failure of defense counsel to properly advise
- [Criminal Law Cases & Police Witnesses](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/criminal-law-police-witnesses/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 Contact Us Now > The NJ Appellate Division this morning ruled that it is improper for a prosecutor to attempt to vouch for the credibility of a police witness in summation. In Murphy, the prosecutor noted during summation that the officer who had
- [Article By NJ Criminal Lawyer, Jeffrey Hark, Esq.](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/insurance-coverage/) - Hark & Hark 1101 ROUTE 70 WEST CHERRY HILL, NJ 08002 856-354-0050 JEFF@HARKLAWNJ.COM I hope everyone is having a nice fall. In this issue of our internet mailer we are going to discuss one of the single biggest auto insurance problems NJ drivers are facing: not having enough coverage when being hit by a driver
- [2C:33-4.1. Crime of cyber-harassment](https://www.criminalcivillawyer.com/new-jersey-criminal-charges/2c33-4-1-crime-of-cyber-harassment/) - 1. a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person: (1) threatens to inflict injury or physical harm to any person or the property of any person;
- [Terroristic Threats | Threats to Kill](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/terroristic-threats-to-kill/) - That section of our statutes provides in pertinent part: A person is guilty of a crime if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.
- [Terroristic Threats](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/terroristic-threats/) - Count of the indictment charges defendant with committing [a] terroristic threat[s]. That section of our statutes provides in pertinent part: A person is guilty of a crime if he threatens to commit any crime of violence with the purpose to terrorize another or in reckless disregard of the risk of causing such terror cause evacuation
- [Stalking](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/stalking/) - Count _______ of this indictment charges defendant with the crime of stalking. The applicable statute provides, in pertinent part, that: A person is guilty of stalking....if he purposely or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a
- [Simple Assault with a Deadly Weapon](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/simple-assault-deadly-weapon/) - The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment. Just because the Court is instructing you concerning these offenses does not mean that the Court has any opinion one way or another about whether the defendant committed these, or
- [Simple Assault - Physical Menace or Substantial Step](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/simple-assault-physical/) - The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment. Just because the Court is instructing you concerning these offenses does not mean that the Court has any opinion one way or another about whether the defendant committed these, or
- [Simple Assault](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/simple-assault/) - The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment. Just because the Court is instructing you concerning these offenses does not mean that the Court has any opinion one way or another about whether the defendant committed these, or
- [Recklessly Endangering another Person | Loss or Destruction of a Vessel](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/recklessly-endangering-person/) - The defendant __________ is charged with the crime of Recklessly Endangering Another Person. The State claims that the defendant: The law upon which this charge is based reads as follows: A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel,
- [Recklessly Endangering another Person](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/recklessly-endangering-another-person/) - The defendant is charged with the crime of Endangering Another Person. The law upon which this charge is based reads as follows: A person commits a crime...if he... [p]urposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be
- [Leaving the Scene of an Accident Resulting In Serious Bodily Injury](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/leaving-scene-with-injury/) - The indictment charges the defendant with the offense of leaving the scene of an accident resulting in serious bodily injury to another as follows: The defendant is accused of violating a section of our state statutes that reads as follows: A motor vehicle operator who knows that he is involved in an accident and knowingly
- [Disarming A Law Enforcement Officer | Taking Unlawful Control Over the Firearm or Other Weapon](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/disarming-law-officer/) - The defendant is charged by County _________ of the indictment with committing the crime of disarming a law enforcement officer. The indictment is based on a New Jersey statute, the pertinent parts of which read as follows: A person is guilty of a crime if (he/she) knowingly takes unlawful control over a firearm [or other
- [Disarming a Law Enforcement Officer](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/disarming-a-law-enforcement-officer/) - The defendant is charged by County _________ of the indictment with committing the crime of disarming a law enforcement officer. The indictment is based on a New Jersey statute, the pertinent parts of which read as follows: A person is guilty of a crime if (he/she) knowingly takes unlawful control over a firearm [or other
- [Assault upon the Institutionalized Elderly](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/assault-upon-the-institutionalized-elderly/) - Defendant is charged in count ________ of this indictment with Assault by an employee upon the institutionalized elderly. Defendant is charged with violating a provision of our law that provides, in pertinent part, that: In order for you to convict the defendant of this offense, the State must prove the following elements beyond a reasonable
- [Assault by Auto or Vessel with DWI](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/assault-by-auto-or-vessel-with-dwi/) - Approved 6/14/04 (N.J.S.A. 2C:12-1c) The defendant (Name) is charged in count _____ with the crime of assault by auto [or vessel]. The indictment alleges: The statute upon which this charge is based provides: A person is guilty of assault by auto [or vessel] when the person drives a vehicle [or vessel] recklessly and causes…serious bodily
- [Assault by Auto or Vessel with Drunk Driving Refusal](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/assault-by-auto-or-vessel-with-drunk-driving-refusal/) - Approved 6/14/04 The defendant (Name) is charged in count _____ with the crime of assault by auto [or vessel]. The indictment alleges: The statute upon which this charge is based provides: A person is guilty of assault by auto [or vessel] when the person drives a vehicle [or vessel] recklessly and causes...bodily injury to another.
- [Assault by Auto or Vessel | Serious Bodily Injury without Drunk Driving or Refusal](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/assault-by-auto-or-vessel-serious-bodily-injury-without-drunk-driving-or-refusal/) - The defendant (Name) is charged in count _____ with the crime of assault by auto [or vessel]. The indictment alleges: The statute upon which this charge is based provides: A person is guilty of assault by auto [or vessel] when the person drives a vehicle [or vessel] recklessly and causes...serious bodily injury...to another. In order
- [Assault by Auto or Vessel – Injury without Drunk Driving Refusal](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/assault-by-auto-or-vessel-injury-without-drunk-driving-refusal/) - Approved 6/14/04 (N.J.S.A. 2C:12-1c) The defendant (Name) is charged in count _____ with the crime of assault by auto [or vessel]. The indictment alleges: The statute upon which this charge is based provides: A person is guilty of assault by auto [or vessel] when the person drives a vehicle [or vessel] recklessly and causes...bodily injury
- [Assault at a Youth Sports Event](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/assault-at-youth-sports-event/) - Defendant is charged in count __________ of this indictment with assault at a youth sports event. Defendant is charged with violating a provision of our law that provides that: A person who commits a simple assault... in the presence of a child under 16 years of age at a school or community sponsored youth sports
- [Aggravated Assault upon Law Enforcement Officer | Negligent Infliction of Bodily Injury with A Deadly Weapon](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-officer-deadly-weapon/) - Revised 12/3/01 Count of this indictment charges the defendant with aggravated assault. The defendant is accused of violating a law that provides in pertinent part: A person is guilty of aggravated assault if (he/she) . . . (n)egligently causes bodily injury to . . . with a deadly weapon . . . to . .
- [Aggravated Assault Pointing or Displaying Imitation Firearm at Law Enforcement Officer](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-pointing-or-displaying-imitation-firearm-at-law-enforcement-officer/) - Count of this indictment charges the defendant with the crime of aggravated assault. The applicable statute provides, in pertinent part, that: A person is guilty of aggravated assault if he . . . (k)nowingly points, displays or uses an imitation firearm . . . at or in the direction of a law enforcement officer with
- [Aggravated Assault | Throwing Bodily Fluid at A Corrections Employee](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-throwing-bodily-fluid-at-a-corrections-employee/) - Count __ of this indictment charges the defendant with aggravated assault. The applicable statute provides, in pertinent part, that: [a] person who throws a bodily fluid at a Department of Corrections employee, [or county corrections officer, juvenile corrections officer, juvenile detention staff member, any sheriff, undersheriff or sheriff's officer or any municipal, county or State
- [Aggravated Assault | Pointing Or Displaying Firearm at Law Enforcement Officer](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-pointing-firearm/) - Count __of this indictment charges the defendant with the crime of aggravated assault. The applicable statute provides, in pertinent part, that: (a) person is guilty of aggravated assault if he . . . (k)nowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm . . . at or
- [Aggravated Assault - While Fleeing or Attempting To Elude a Law Enforcement Officer](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-fleeing/) - Approved 12/13/99 The defendant (Name) is charged in count with the crime of aggravated assault. The indictment alleges: The statute upon which this charge is based provides: A person is guilty of aggravated assault if he/she causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of
- [Aggravated Assault - Use of Laser Sighting System or Device against Law Enforcement Officer](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-laser/) - AGGRAVATED ASSAULT - USE OF LASER SIGHTING SYSTEM OR DEVICE AGAINST LAW ENFORCEMENT OFFICER (N.J.S.A. 2C:12-1b(11)) Count __________ of the indictment charges the defendant with aggravated assault by use of a laser sighting system or device against a law enforcement officer. The defendant is accused of violating a law that provides as follows: A person
- [Aggravated Assault - Upon Law Enforcement Officer | Attempting to Cause Bodily Injury](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-officer-purposely/) - Revised 12/3/01 Count of this indictment charges the defendant with aggravated assault. The defendant is accused of violating a law that provides in pertinent part: A person is guilty of aggravated assault if (he/she) . . . (a)ttempts to cause or purposely, knowingly or recklessly causes bodily injury to . . . (a)ny law enforcement
- [Aggravated Assault - Upon Law Enforcement Officer](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-upon-law-enforcement-officer/) - Revised 12/3/01 Count of this indictment charges the defendant with aggravated assault. The defendant is accused of violating a law that provides in pertinent part: A person is guilty of aggravated assault if (he/she) . . . (a)ttempts by physical menace to put . . . (a)ny law enforcement officer acting in the performance of
- [Aggravated Assault - Unlawful Taking Of A Motor Vehicle](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-motor-vehicle/) - Approved 12/13/99 The defendant (Name) is charged in count with the crime of aggravated assault. The indictment alleges: The statute upon which this charge is based provides: A person is guilty of aggravated assault if he/she causes bodily injury to another person while operating a motor vehicle in violation of [another statute defining the offense
- [Aggravated Assault - Serious Bodily Injury](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-serious-bodily-injury/) - Revised 5/16/05 In Count of the indictment, the defendant(s) is (are) charged with the crime of aggravated assault in that he/she/they allegedly on in the (date) (Municipality) The defendant(s) is (are) accused of violating a section of our state statutes that reads as follows: A person is guilty of aggravated assault if he . .
- [Aggravated Assault - Significant Bodily Injury](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-significant-bodily-injury/) - Revised 5/16/05 In Count of the indictment, the defendant(s) is (are) charged with the crime o aggravated assault in that he/she/they allegedly on in the ___________________ (Date) (Municipality) The defendant(s) is (are) accused of violating a section of our state statutes that reads as follows: A person is guilty of aggravated assault if he. .
- [Aggravated Assault - Bodily Injury with Deadly Weapon | Recklessly](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-bodily-injury-with-deadly-weapon-recklessly/) - Count _____ of the indictment charges defendant with aggravated assault in that he/she allegedly Defendant is accused of violating a section of our law that reads as follows: A person is guilty of aggravated assault if he/[she] recklessly causes bodily injury to another with a deadly weapon. To find the defendant guilty of recklessly causing
- [Aggravated Assault - Bodily Injury with Deadly Weapon](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault-bodily-injury-with-deadly-weapon/) - Count _____ of the indictment charges defendant with aggravated assault in that he/she allegedly Defendant is accused of violating a section of our law that reads as follows: A person is guilty of aggravated assault if he/[she] attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. Under this
- [Aggravated Assault](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/aggravated-assault/) - Revised 03/21/05 Count of the indictment charges defendant with Aggravated Assault by Pointing a Firearm. The statute upon which this count of the indictment is based reads, in pertinent part, as follows: [An actor] is guilty of aggravated assault if he [or she] knowingly, under circumstances manifesting extreme indifference to the value of human life,
- [New Jersey Criminal Lawyer Appellate Opinions - State v. Pompa](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/pompa/) - The State had the burden of demonstrating exigent circumstances and its failure in this regard is revealed by the Trooper's testimony. During cross-examination at the suppression hearing, Trooper Budrewicz admitted defendant's vehicle was incapable of being moved because he was in possession of defendant's keys; common sense strongly suggested it was not likely another person
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Privott - Searches of the Person](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/quon/) - In assessing the scope of the search by the officer, the evidence is clear that defendant was cooperative at all times. When stopped, defendant placed his hands against a fence as instructed by the officer. A reasonable search, as well as the least intrusive maneuver needed to protect the safety of the officer against a
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Privott](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/privot/) - Part VII. Searches of the Person State v. Privott, 203 N.J. 16 (2010) In assessing the scope of the search by the officer, the evidence is clear that defendant was cooperative at all times. When stopped, defendant placed his hands against a fence as instructed by the officer. A reasonable search, as well as the
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Pena-Flores](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/pena-flores/) - Legitimate considerations are as varied as the possible scenarios surrounding an automobile stop. They include, for example, the time of day; the location of the stop; the nature of the neighborhood; the unfolding of the events establishing probable cause; the ratio of officers to suspects; the existence of confederates who know the location of the
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. O’Donnell](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/odonnell/) - The reasonableness of continuous police presence at the location initially accessed under the emergency aid exception is defined by [a three-part test] (1) "[t]he public official must have an objectively reasonable belief, even if later found to be erroneous, that an emergency demands immediate assistance in order to protect or preserve life, or to prevent
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Minitee](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/minatee2/) - Bland's participatory interest in the red SUV registered to Minitee stems from his occupancy of the vehicle at the time Officer Lorenzo first stopped it. His occupancy gave him dominion and use of the area in and around the vehicle where the police subsequently found the incriminatory evidence. This participatory interest continued, unabated, to that
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Minitee](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/minitee/) - State v. Minitee, N.J. Super. (App. Div. 2010) The Pena-Flores Court thus established three basic requirements to uphold the warrantless search of a motor vehicle: (1) the stop must be unexpected; (2) the police must have probable cause to believe that the vehicle contains contraband or evidence of a crime; and (3) there must exist
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Meadows](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/meadows/) - UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. STATE of New Jersey, Plaintiff-Respondent, v. Timothy MEADOWS, Defendant-Appellant. Submitted May 5, 2008. Decided May 15, 2008. On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, A-25-07. Hark and Hark, attorneys for appellant (Jeffrey S. Hark, on
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Mai](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/mai/) - Part VI. Automobile Searches We see no reason to depart from the elegant reasoning that undergirds this settled principle in making the parallel determination of whether a police officer has the authority to open a vehicle door as part of issuing an order to exit the vehicle. In the realm of defining reasonable searches and
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Lewis](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/lewis/) - State v. Lewis, 411 N.J. Super. 483 (App. Div. 2010) The stop of defendant's van occurred at night in a Plainfield neighborhood known for high crime and drug sales. As in Pena-Flores, the police had no reason to anticipate in advance that defendants would be involved in drug activity because the targets of their investigation
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Johnson](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/johnson/) - When the circumstances are sufficiently exigent that appearing before a judge to obtain a written warrant is either impossible or impracticable, but not so exigent that there is insufficient time to stabilize the situation and call for a warrant, police officers must obtain a telephonic warrant rather than conduct a warrantless search or seizure.. The
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Handy](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/handy/) - The facts in the case before us are quite distinct from those in Herring. Rather than a past clerical error, such as neglecting to remove a no-longer valid warrant, the police dispatcher in this case inaccurately reported to the police officer in the field that there was an active warrant for Handy when, in fact,
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Dunlap](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/dunlap/) - In addition, we reject the State's argument that "it would have been unduly burdensome and unreasonably restrictive to require the police to post a guard and repair to the courthouse for a warrant," There were at least ten officers present on the evening in question and even assuming that some were needed for other duties
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Davila](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/davilla/) - We hold that a protective sweep of a home may only occur when (1) law enforcement officers are lawfully within the private premises for a legitimate purpose, which may include consent to enter; and (2) the officers on the scene have a reasonable articulable suspicion that the area to be swept harbors an individual posing
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Carvajal](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/carvajal/) - For standing purposes, property is abandoned when a person, who has control or dominion over property, knowingly and voluntarily relinquishes any possessory or ownership interest in the property and when there are no other apparent or known owners of the property. We determined that this definition of abandonment "provides the strongest guarantee that the police
- [New Jersey Criminal Lawyer - Appellate Opinions - State v. Broom-Smith](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/broom/) - Moreover, the cross-assignment order, which may provide for more than one substitute judge, should prescribe the sequence to which substitute judges are to be resorted. That, in turn, will eliminate any question of judge shopping. Practically speaking, prescribing the sequence will militate against assigning every municipal court judge in a vicinage as a substitute for
- [New Jersey Criminal lawyer - Appellate Opinions - State v. Best](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/best/) - It is the school environment and the need for safety, order, and discipline that is the underpinning for the school official-who has reasonable grounds to believe that a student possesses contraband-to conduct a reasonable search for such evidence. To be sure, a student may hide contraband in his or her clothing, purse, book bag, locker,
- [New Jersey Criminal Lawyer - Appellate Opinions - Part II. Miranda Issues](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/miranda/) - In light of those facts, all of which suggest that a clear and easy-to-understand explanation would be necessary to meaningfully inform A.S. of her constitutional rights, the actual efforts employed to inform her of those rights were woefully inadequate. Indeed, the detective abdicated his responsibility in that regard by having F.D. read A.S. her rights,
- [New Jersey Criminal Lawyer - Appellate Opinions - Maryland v. Shatzer](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/shatzer/) - Edwards created a presumption that once a suspect invokes the Miranda right to the presence of counsel, any waiver of that right in response to a subsequent police attempt at custodial interrogation is involuntary. Edwards ' fundamental purpose is to "[p]reserv[e] the integrity of an accused's choice to communicate with police only through counsel, by
- [New Jersey Criminal Lawyer - Appellate Opinions - Florida v. Powell](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/powell/) - Miranda requires that a suspect "be warned prior to any questioning ... that he has the right to the presence of an attorney." This Miranda warning addresses the Court's particular concern that "[t]he circumstances surrounding in-custody interrogation can operate very quickly to overbear the will of one merely made aware of his privilege [to remain
- [New Jersey Criminal Lawyer -  Appellate Opinions - State v. Jefferson](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/jefferson/) - The State has not cited any case recognizing an exception from the warrant requirement when the police wish to enter a home to effect a Terry-type investigative detention of a suspect. The State's argument that the police have such authority is inconsistent with the constitutional requirement that police have a warrant, or establish an exception
- [New Jersey Criminal Lawyer -  Appellate Opinions - State v. Cooke](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/cooke/) - We emphasize that there is a constitutional preference for a warrant, issued by a neutral judicial officer, supported by probable cause. "The cautionary procedure of procuring a warrant ensures that there is a reasonable basis for the search and that the police intrusion will be reasonably confined in scope. The automobile exception applies only in
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- [New Jersey Criminal Law Articles](https://www.criminalcivillawyer.com/new-jersey-criminal-law-articles/) - State of New Jersey v. Terrell L. Hubbard Rear End Collision - $250,000 POLICY LIMITS RECOVERY by Jeffrey Hark Proposed New Jersey DWI Law Change - Major Revision to Law! Ineffective Assistance by PD Leads To $550,000 Recovery From State Timothy Seidel Faces Additional Charges - Represented by Criminal Defense Attorney Jeffrey Hark Timothy Seidel,
- [New Jersey Appellate Opinions](https://www.criminalcivillawyer.com/new-jersey-appellate-opinions/) - State v. Cooke, 63 N.J. 657 (2000) State v. Dunlap, 185 N.J. 543 (2006) State v. Johnson, 193 N.J. 528 (2008) State v. Pena-Flores, 198 N.J. 6 (2009) State v. Pompa, 414 N.J. Super. 219 (App. Div. 2010) State v. Lewis, 411 N.J. Super. 483 (App. Div. 2010) State v. Minitee, N.J. Super. (App. Div.
- [Professional License Defense Resources](https://www.criminalcivillawyer.com/professional-license-defense-resources/) - CHAPTER 45C UNIFORM REGULATIONS 2013 New Jersey Revised Statutes Title 45 - PROFESSIONS AND OCCUPATIONS Section 45:1-21 - Refusal to license or renew, grounds 2013 New Jersey Revised Statutes Title 45 - PROFESSIONS AND OCCUPATIONS Section 45:1-22 - Additional, alternative penalties. 2013 New Jersey Revised Statutes Title 45 - PROFESSIONS AND OCCUPATIONS Uniform Enforcement Act-New
- [New Jersey Criminal Charges](https://www.criminalcivillawyer.com/new-jersey-criminal-charges/) - Read updated information on License Recognition Technology which supports a wide range of law enforcement operations including homeland security, criminal and terrorist suspect interdiction, revoked/suspended driver interdiction, stolen property recovery, stay-away order enforcement, and of course apprehension of individuals who are subject to an outstanding arrest warrant. View New Jersey Court Codes View New Jersey
- [NJ Criminal Case Samples](https://www.criminalcivillawyer.com/nj-criminal-case-samples/) - State v. Jones Florence v. Board of Chosen Freeholders of the County of Burlington, et al State v. Holland State v. Friedman Joint Order Re: Pena-Flores State of New Jersey v. Terrell L. Hubbard Contact experienced, aggressive New Jersey DWI lawyer, Jeffrey Hark
- [Sexual Assault Charges in NJ](https://www.criminalcivillawyer.com/sexual-assault-charges-in-new-jersey/) - 2C:14-2a(1) 2C:14-2a(2) 2C:14-2a(3) 2C:14-2a(4) 2C:14-2a(5) 2C:14-2a(6) 2C:14-2a(7) 2C:14-2b 2C:14-2c(1) 2C:14-2c(2) 2C:14-2c(3) 2C:14-2c(4) 2C:14-3a [2C:14-2a(2] 2C:14-3a [2C:14-2a(3) 2C:14-3a [2C:14-2a(4] 2C:14‑3a [2C:14-2a(5)(a)and(b)] 2C:14‑3a [2C:14-2a(6)] 2C:14-3a [2C:14-2a(7)] 2C:14-3b[2C:14-2c(1) through (4)] 2C:14‑4 2C:14‑4b(1) 2C:14‑4b(2)
- [New Jersey Drug Charges](https://www.criminalcivillawyer.com/new-jersey-drug-charges/) - Controlled Dangerous Substances - All 2C:35 Charges 2C:35‑3 - LEADER OF DRUG TRAFFICKING NETWORK; 2C:35‑3 - LEADER OF NARCOTICS TRAFFICKING NETWORK; 2C:35-4 - MAINTAINING OR OPERATING A CONTROLLED DANGEROUS SUBSTANCE PRODUCTION FACILITY 2C:35-5 - POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE; 2C:35‑5 - MANUFACTURING OF A CONTROLLED DANGEROUS SUBSTANCE; 2C:35‑5 - DISTRIBUTION
- [New Jersey Criminal Weapons Charges](https://www.criminalcivillawyer.com/new-jersey-criminal-weapons-charges/) - All 2C:39 Charges 2C:39-2 2C:39-3b 2C:39-3d 2C:39-3e 2C:39-3f 2C:39-4a 2C:39-4d 2C:39-4(e) 2C:39-4.1a 2C:39-4.1b 2C:39-4.1c 2C:39-5b 2C:39-5c(1) 2C:39‑5d
- [New Jersey Criminal Assault Charges](https://www.criminalcivillawyer.com/new-jersey-criminal-assault-charges/) - Assault, Reckless Endangering, Threats - All 2C:12 Charges 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g) - AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT OFFICER (ATTEMPTING TO CAUSE OR PURPOSELY, KNOWINGLY OR RECKLESSLY CAUSING BODILY INJURY) 2C:12-1b(5)(a), (b), (c), (d), (e), (f), (g) - AGGRAVATED ASSAULT - UPON LAW ENFORCEMENT OFFICER (NEGLIGENT INFLICTION OF BODILY INJURY WITH

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- [admissability](https://www.criminalcivillawyer.com/tag/admissability/)
- [confession](https://www.criminalcivillawyer.com/tag/confession/)
- [civil law](https://www.criminalcivillawyer.com/tag/civil-law/)
- [nursing home accidents](https://www.criminalcivillawyer.com/tag/nursing-home-accidents/)
- [warrantless search](https://www.criminalcivillawyer.com/tag/warrantless-search/)
- [consent to search](https://www.criminalcivillawyer.com/tag/consent-to-search/)
- [search](https://www.criminalcivillawyer.com/tag/search-2/)
- [emergency aid exception](https://www.criminalcivillawyer.com/tag/emergency-aid-exception/)
- [New Jersey](https://www.criminalcivillawyer.com/tag/new-jersey/)
- [Ignition Interlock DWI](https://www.criminalcivillawyer.com/tag/ignition-interlock-dwi/)
- [new jersey dw](https://www.criminalcivillawyer.com/tag/new-jersey-dw/)
- [truck accident](https://www.criminalcivillawyer.com/tag/truck-accident-2/)
- [commercial vehicle accident](https://www.criminalcivillawyer.com/tag/commercial-vehicle-accident/)
- [tractor-trailer crash](https://www.criminalcivillawyer.com/tag/tractor-trailer-crash/)
- [hark and hark](https://www.criminalcivillawyer.com/tag/hark-and-hark/)
- [workers compensation](https://www.criminalcivillawyer.com/tag/workers-compensation-2/)
- [determinations of credibility](https://www.criminalcivillawyer.com/tag/determinations-of-credibility/)
- [plea bargain](https://www.criminalcivillawyer.com/tag/plea-bargain/)
- [mistaken imprisonment act](https://www.criminalcivillawyer.com/tag/mistaken-imprisonment-act/)
- [miranda rights](https://www.criminalcivillawyer.com/tag/miranda-rights/)
- [death benefits](https://www.criminalcivillawyer.com/tag/death-benefits/)
- [common law marriage](https://www.criminalcivillawyer.com/tag/common-law-marriage/)
- [bail](https://www.criminalcivillawyer.com/tag/bail/)
- [supreme court](https://www.criminalcivillawyer.com/tag/supreme-court/)
- [new jersey law changes](https://www.criminalcivillawyer.com/tag/new-jersey-law-changes/)
- [marijuana](https://www.criminalcivillawyer.com/tag/marijuana/)
- [legalization](https://www.criminalcivillawyer.com/tag/legalization/)
- [decriminalization](https://www.criminalcivillawyer.com/tag/decriminalization/)
- [new jersey drug charges](https://www.criminalcivillawyer.com/tag/new-jersey-drug-charges/)
- [workers comp fraud](https://www.criminalcivillawyer.com/tag/workers-comp-fraud/)
- [workers compensation fraud](https://www.criminalcivillawyer.com/tag/workers-compensation-fraud/)
- [fraud](https://www.criminalcivillawyer.com/tag/fraud/)
- [new jersey workers compensation](https://www.criminalcivillawyer.com/tag/new-jersey-workers-compensation/)
- [megan's law](https://www.criminalcivillawyer.com/tag/megans-law-2/)
- [sex crime new jersey](https://www.criminalcivillawyer.com/tag/sex-crime-new-jersey/)
- [sex offender](https://www.criminalcivillawyer.com/tag/sex-offender/)
- [sex offender registry](https://www.criminalcivillawyer.com/tag/sex-offender-registry/)
- [professional license defense](https://www.criminalcivillawyer.com/tag/professional-license-defense-2/)
- [medical license defense](https://www.criminalcivillawyer.com/tag/medical-license-defense/)
- [prescription drug charges](https://www.criminalcivillawyer.com/tag/prescription-drug-charges/)
- [oxycodone](https://www.criminalcivillawyer.com/tag/oxycodone/)
- [Xanax](https://www.criminalcivillawyer.com/tag/xanax/)
- [painkillers](https://www.criminalcivillawyer.com/tag/painkillers/)
- [mentally ill](https://www.criminalcivillawyer.com/tag/mentally-ill/)
- [meantal health](https://www.criminalcivillawyer.com/tag/meantal-health/)
- [metally ill crimes](https://www.criminalcivillawyer.com/tag/metally-ill-crimes/)
- [Pretrial Intervention](https://www.criminalcivillawyer.com/tag/pretrial-intervention/)
- [Philip Leone](https://www.criminalcivillawyer.com/tag/philip-leone/)
- [scientific evidence](https://www.criminalcivillawyer.com/tag/scientific-evidence/)
- [repetitive stress](https://www.criminalcivillawyer.com/tag/repetitive-stress/)
- [compensable work injury](https://www.criminalcivillawyer.com/tag/compensable-work-injury/)
- [aggravated manslaughter](https://www.criminalcivillawyer.com/tag/aggravated-manslaughter/)
- [first degree charge](https://www.criminalcivillawyer.com/tag/first-degree-charge/)
- [inadmissible net opinions](https://www.criminalcivillawyer.com/tag/inadmissible-net-opinions/)
- [qui tam](https://www.criminalcivillawyer.com/tag/qui-tam/)
- [Affordable Care Act](https://www.criminalcivillawyer.com/tag/affordable-care-act/)
- [False Claims Act](https://www.criminalcivillawyer.com/tag/false-claims-act/)
- [second dgree theft](https://www.criminalcivillawyer.com/tag/second-dgree-theft/)
- [new jersey civil law](https://www.criminalcivillawyer.com/tag/new-jersey-civil-law/)
- [Supreme Court Advisory Committee on Expedited Civil Actions](https://www.criminalcivillawyer.com/tag/supreme-court-advisory-committee-on-expedited-civil-actions/)
- [dwi law](https://www.criminalcivillawyer.com/tag/dwi-law-2/)
- [US Supreme Court](https://www.criminalcivillawyer.com/tag/us-supreme-court/)
- [fourth ammendment](https://www.criminalcivillawyer.com/tag/fourth-ammendment/)
- [cell phones](https://www.criminalcivillawyer.com/tag/cell-phones/)
- [diminished capacity](https://www.criminalcivillawyer.com/tag/diminished-capacity/)
- [post-conviction relief](https://www.criminalcivillawyer.com/tag/post-conviction-relief/)
- [Martin J. Siegel](https://www.criminalcivillawyer.com/tag/martin-j-siegel/)
- [Martin Siegel](https://www.criminalcivillawyer.com/tag/martin-siegel/)
- [Misrepresentation](https://www.criminalcivillawyer.com/tag/misrepresentation/)
- [sex crime](https://www.criminalcivillawyer.com/tag/sex-crime/)
- [medical testimony](https://www.criminalcivillawyer.com/tag/medical-testimony/)
- [preexisting condition](https://www.criminalcivillawyer.com/tag/preexisting-condition/)
- [reasonable medical probability](https://www.criminalcivillawyer.com/tag/reasonable-medical-probability/)
- [pornography law](https://www.criminalcivillawyer.com/tag/pornography-law/)
- [child pronography law](https://www.criminalcivillawyer.com/tag/child-pronography-law/)
- [Federal law](https://www.criminalcivillawyer.com/tag/federal-law-2/)
- [medicade fraud](https://www.criminalcivillawyer.com/tag/medicade-fraud/)
- [pretrial motion](https://www.criminalcivillawyer.com/tag/pretrial-motion/)
- [suppress evidence](https://www.criminalcivillawyer.com/tag/suppress-evidence/)
- [concurrent jurisdiction](https://www.criminalcivillawyer.com/tag/concurrent-jurisdiction/)
- [blood test results](https://www.criminalcivillawyer.com/tag/blood-test-results/)
- [disability](https://www.criminalcivillawyer.com/tag/disability/)
- [temporary disability](https://www.criminalcivillawyer.com/tag/temporary-disability/)
- [Cyber Harassment](https://www.criminalcivillawyer.com/tag/cyber-harassment/)
- [New Jersey Harassment](https://www.criminalcivillawyer.com/tag/new-jersey-harassment/)
- [New Harassment Law](https://www.criminalcivillawyer.com/tag/new-harassment-law/)
- [prejudicial effect](https://www.criminalcivillawyer.com/tag/prejudicial-effect/)
- [knowing and purposeful murder](https://www.criminalcivillawyer.com/tag/knowing-and-purposeful-murder/)
- [murder](https://www.criminalcivillawyer.com/tag/murder/)
- [manslaughter](https://www.criminalcivillawyer.com/tag/manslaughter/)
- [exigency](https://www.criminalcivillawyer.com/tag/exigency/)
- [res ipsa loquitor](https://www.criminalcivillawyer.com/tag/res-ipsa-loquitor/)
- [mode of operation liability](https://www.criminalcivillawyer.com/tag/mode-of-operation-liability/)
- [truck accidents](https://www.criminalcivillawyer.com/tag/truck-accidents-2/)
- [Limousine Accidents](https://www.criminalcivillawyer.com/tag/limousine-accidents/)
- [white collar crime](https://www.criminalcivillawyer.com/tag/white-collar-crime/)
- [social services law](https://www.criminalcivillawyer.com/tag/social-services-law/)
- [unemployment insurance](https://www.criminalcivillawyer.com/tag/unemployment-insurance/)
- [late notice of claim](https://www.criminalcivillawyer.com/tag/late-notice-of-claim/)
- [credible evidence](https://www.criminalcivillawyer.com/tag/credible-evidence/)
- [expert witness](https://www.criminalcivillawyer.com/tag/expert-witness/)
- [verbal threshold statute](https://www.criminalcivillawyer.com/tag/verbal-threshold-statute/)
- [civil lawyer](https://www.criminalcivillawyer.com/tag/civil-lawyer/)
- [standard of review](https://www.criminalcivillawyer.com/tag/standard-of-review/)
- [truck crash](https://www.criminalcivillawyer.com/tag/truck-crash/)
- [NGI](https://www.criminalcivillawyer.com/tag/ngi/)
- [sexually violent predators](https://www.criminalcivillawyer.com/tag/sexually-violent-predators/)
- [unreasonable search](https://www.criminalcivillawyer.com/tag/unreasonable-search/)
- [4th ammendment](https://www.criminalcivillawyer.com/tag/4th-ammendment/)
- [ineffective representation at trial](https://www.criminalcivillawyer.com/tag/ineffective-representation-at-trial/)
- [digital fake ID](https://www.criminalcivillawyer.com/tag/digital-fake-id/)
- [false government documents](https://www.criminalcivillawyer.com/tag/false-government-documents/)
- [misidentification](https://www.criminalcivillawyer.com/tag/misidentification/)
- [Timothy Seidel](https://www.criminalcivillawyer.com/tag/timothy-seidel/)
- [jury selection](https://www.criminalcivillawyer.com/tag/jury-selection/)
- [juror bias](https://www.criminalcivillawyer.com/tag/juror-bias/)
- [workers compensation appeal](https://www.criminalcivillawyer.com/tag/workers-compensation-appeal/)
- [N.J.S.A. 34:15-36](https://www.criminalcivillawyer.com/tag/n-j-s-a-3415-36/)
- [evidentiary findings](https://www.criminalcivillawyer.com/tag/evidentiary-findings/)
- [loss of income](https://www.criminalcivillawyer.com/tag/loss-of-income/)
- [personal injury apeal](https://www.criminalcivillawyer.com/tag/personal-injury-apeal/)
- [operation predator allert](https://www.criminalcivillawyer.com/tag/operation-predator-allert/)
- [child pornography](https://www.criminalcivillawyer.com/tag/child-pornography/)
- [internet sex crimes](https://www.criminalcivillawyer.com/tag/internet-sex-crimes/)
- [de facto arrest](https://www.criminalcivillawyer.com/tag/de-facto-arrest/)
- [detention](https://www.criminalcivillawyer.com/tag/detention/)
- [nonconsensual blood draws](https://www.criminalcivillawyer.com/tag/nonconsensual-blood-draws/)
- [warrantless blood draw](https://www.criminalcivillawyer.com/tag/warrantless-blood-draw/)
- [governmental immunity](https://www.criminalcivillawyer.com/tag/governmental-immunity/)
- [New Jersey Tort Claims Act](https://www.criminalcivillawyer.com/tag/new-jersey-tort-claims-act/)
- [VOP](https://www.criminalcivillawyer.com/tag/vop/)
- [jail credits](https://www.criminalcivillawyer.com/tag/jail-credits/)
- [violation of probation](https://www.criminalcivillawyer.com/tag/violation-of-probation/)
- [guilty plea](https://www.criminalcivillawyer.com/tag/guilty-plea/)
- [aggravated assault](https://www.criminalcivillawyer.com/tag/aggravated-assault/)
- [6th ammendment](https://www.criminalcivillawyer.com/tag/6th-ammendment/)
- [cross examine](https://www.criminalcivillawyer.com/tag/cross-examine/)
- [discovery](https://www.criminalcivillawyer.com/tag/discovery/)
- [R. 4:24-1(a)](https://www.criminalcivillawyer.com/tag/r-424-1a/)
- [occupational disease](https://www.criminalcivillawyer.com/tag/occupational-disease/)
- [hearsay](https://www.criminalcivillawyer.com/tag/hearsay/)
- [hearsay asevidence](https://www.criminalcivillawyer.com/tag/hearsay-asevidence/)
- [driving unlicensed](https://www.criminalcivillawyer.com/tag/driving-unlicensed/)
- [statutory interpretation](https://www.criminalcivillawyer.com/tag/statutory-interpretation/)
- [statutory deconstruction](https://www.criminalcivillawyer.com/tag/statutory-deconstruction/)
- [Title 39](https://www.criminalcivillawyer.com/tag/title-39/)
- [Multiple DWI](https://www.criminalcivillawyer.com/tag/multiple-dwi/)
- [rights](https://www.criminalcivillawyer.com/tag/rights/)
- [suppression of evidence](https://www.criminalcivillawyer.com/tag/suppression-of-evidence/)
- [video cameras](https://www.criminalcivillawyer.com/tag/video-cameras/)
- [Investigatory Stops](https://www.criminalcivillawyer.com/tag/investigatory-stops/)
- [suspicious behavior](https://www.criminalcivillawyer.com/tag/suspicious-behavior/)
- [suspicious activity](https://www.criminalcivillawyer.com/tag/suspicious-activity/)
- [Cause of Fire](https://www.criminalcivillawyer.com/tag/cause-of-fire/)
- [motion to suppress](https://www.criminalcivillawyer.com/tag/motion-to-suppress/)
- [personal injury negligence action](https://www.criminalcivillawyer.com/tag/personal-injury-negligence-action/)
- [wrongful death](https://www.criminalcivillawyer.com/tag/wrongful-death/)
- [sexual assault](https://www.criminalcivillawyer.com/tag/sexual-assault/)
- [juvenile sex crimes](https://www.criminalcivillawyer.com/tag/juvenile-sex-crimes/)
- [Sayreville High School](https://www.criminalcivillawyer.com/tag/sayreville-high-school/)
- [New Jersey Sex Crimes](https://www.criminalcivillawyer.com/tag/new-jersey-sex-crimes/)
- [guardrail safety](https://www.criminalcivillawyer.com/tag/guardrail-safety/)
- [traffic deaths](https://www.criminalcivillawyer.com/tag/traffic-deaths/)
- [traffic injury](https://www.criminalcivillawyer.com/tag/traffic-injury/)
- [Sayreville War Memorial High School](https://www.criminalcivillawyer.com/tag/sayreville-war-memorial-high-school/)
- [juvenile tried as adult](https://www.criminalcivillawyer.com/tag/juvenile-tried-as-adult/)
- [mistrial](https://www.criminalcivillawyer.com/tag/mistrial/)
- [reversed conviction](https://www.criminalcivillawyer.com/tag/reversed-conviction/)
- [inappropriate conduct](https://www.criminalcivillawyer.com/tag/inappropriate-conduct/)
- [permanent disability](https://www.criminalcivillawyer.com/tag/permanent-disability/)
- [Estimates of Disability](https://www.criminalcivillawyer.com/tag/estimates-of-disability/)
- [admissibility of evidence](https://www.criminalcivillawyer.com/tag/admissibility-of-evidence/)
- [lay opinion](https://www.criminalcivillawyer.com/tag/lay-opinion/)
- [hearsay exception](https://www.criminalcivillawyer.com/tag/hearsay-exception/)
- [dog bites](https://www.criminalcivillawyer.com/tag/dog-bites/)
- [dental malpractice](https://www.criminalcivillawyer.com/tag/dental-malpractice/)
- [new jersey dental malpractice](https://www.criminalcivillawyer.com/tag/new-jersey-dental-malpractice/)
- [proximate cause](https://www.criminalcivillawyer.com/tag/proximate-cause/)
- [causation](https://www.criminalcivillawyer.com/tag/causation/)
- [evidentiary hearing](https://www.criminalcivillawyer.com/tag/evidentiary-hearing/)
- [Jeffrey Hark](https://www.criminalcivillawyer.com/tag/jeffrey-hark/)
- [medical causation](https://www.criminalcivillawyer.com/tag/medical-causation/)
- [Limited Search](https://www.criminalcivillawyer.com/tag/limited-search/)
- [Inevitable Discovery](https://www.criminalcivillawyer.com/tag/inevitable-discovery/)
- [Missouri v. McNeely](https://www.criminalcivillawyer.com/tag/missouri-v-mcneely/)
- [State v. Sidorek](https://www.criminalcivillawyer.com/tag/state-v-sidorek/)
- [preponderance of evidence](https://www.criminalcivillawyer.com/tag/preponderance-of-evidence/)
- [cofield factors](https://www.criminalcivillawyer.com/tag/cofield-factors/)
- [admissability of evidence](https://www.criminalcivillawyer.com/tag/admissability-of-evidence/)
- [intent to distribute](https://www.criminalcivillawyer.com/tag/intent-to-distribute/)
- [search warrants](https://www.criminalcivillawyer.com/tag/search-warrants/)
- [New criminal trial](https://www.criminalcivillawyer.com/tag/new-criminal-trial/)
- [Child Luring](https://www.criminalcivillawyer.com/tag/child-luring/)
- [Sentence Reconsideration](https://www.criminalcivillawyer.com/tag/sentence-reconsideration/)
- [mere conclusory statements](https://www.criminalcivillawyer.com/tag/mere-conclusory-statements/)
- [rules of court](https://www.criminalcivillawyer.com/tag/rules-of-court/)
- [police accidents](https://www.criminalcivillawyer.com/tag/police-accidents/)
- [vehicle accidents](https://www.criminalcivillawyer.com/tag/vehicle-accidents/)
- [police immunity](https://www.criminalcivillawyer.com/tag/police-immunity/)
- [tortious interference](https://www.criminalcivillawyer.com/tag/tortious-interference/)
- [summary judgment](https://www.criminalcivillawyer.com/tag/summary-judgment/)
- [burden of proof](https://www.criminalcivillawyer.com/tag/burden-of-proof/)
- [power of remittitur](https://www.criminalcivillawyer.com/tag/power-of-remittitur/)
- [motion for new trial](https://www.criminalcivillawyer.com/tag/motion-for-new-trial/)
- [jury verdit review](https://www.criminalcivillawyer.com/tag/jury-verdit-review/)
- [mickens vs misdom](https://www.criminalcivillawyer.com/tag/mickens-vs-misdom/)
- [seized evidence](https://www.criminalcivillawyer.com/tag/seized-evidence/)
- [vehicle data recorder](https://www.criminalcivillawyer.com/tag/vehicle-data-recorder/)
- [automobile black box](https://www.criminalcivillawyer.com/tag/automobile-black-box/)
- [legal ethics](https://www.criminalcivillawyer.com/tag/legal-ethics-2/)
- [ACJC](https://www.criminalcivillawyer.com/tag/acjc/)
- [Whole Foods](https://www.criminalcivillawyer.com/tag/whole-foods/)
- [compensable occupational disease](https://www.criminalcivillawyer.com/tag/compensable-occupational-disease/)
- [worst New Jersey roads](https://www.criminalcivillawyer.com/tag/worst-new-jersey-roads/)
- [tender-yeasrs exception](https://www.criminalcivillawyer.com/tag/tender-yeasrs-exception/)
- [rule 104](https://www.criminalcivillawyer.com/tag/rule-104/)
- [rule 601](https://www.criminalcivillawyer.com/tag/rule-601/)
- [fresh-complaint evidence](https://www.criminalcivillawyer.com/tag/fresh-complaint-evidence/)
- [ingnition interlock device](https://www.criminalcivillawyer.com/tag/ingnition-interlock-device/)
- [truck safety](https://www.criminalcivillawyer.com/tag/truck-safety/)
- [truck legislation](https://www.criminalcivillawyer.com/tag/truck-legislation/)
- [NHTSA](https://www.criminalcivillawyer.com/tag/nhtsa/)
- [driver wanring system](https://www.criminalcivillawyer.com/tag/driver-wanring-system/)
- [Route 80](https://www.criminalcivillawyer.com/tag/route-80/)
- [New Jersey Truck Accident](https://www.criminalcivillawyer.com/tag/new-jersey-truck-accident/)
- [tractor trailer overturned](https://www.criminalcivillawyer.com/tag/tractor-trailer-overturned/)
- [fuel truck accident](https://www.criminalcivillawyer.com/tag/fuel-truck-accident/)
- [accident I-295](https://www.criminalcivillawyer.com/tag/accident-i-295/)
- [substantial nexus test](https://www.criminalcivillawyer.com/tag/substantial-nexus-test/)
- [uninsured motorist coverage](https://www.criminalcivillawyer.com/tag/uninsured-motorist-coverage/)
- [motor vehicle accidents](https://www.criminalcivillawyer.com/tag/motor-vehicle-accidents-2/)
- [NJ Transit](https://www.criminalcivillawyer.com/tag/nj-transit/)
- [bus accident](https://www.criminalcivillawyer.com/tag/bus-accident/)
- [bus accident lawyer](https://www.criminalcivillawyer.com/tag/bus-accident-lawyer/)
- [multi-car accident](https://www.criminalcivillawyer.com/tag/multi-car-accident/)
- [multi-vehicle crash](https://www.criminalcivillawyer.com/tag/multi-vehicle-crash/)
- [Atlantic City Expressway](https://www.criminalcivillawyer.com/tag/atlantic-city-expressway/)
- [accident attorney](https://www.criminalcivillawyer.com/tag/accident-attorney/)
- [NJ Turnpike](https://www.criminalcivillawyer.com/tag/nj-turnpike/)
- [New Jersey Turnpike](https://www.criminalcivillawyer.com/tag/new-jersey-turnpike/)
- [vehicle crash](https://www.criminalcivillawyer.com/tag/vehicle-crash/)
- [vehicle accident attorney](https://www.criminalcivillawyer.com/tag/vehicle-accident-attorney/)
- [school bus crash](https://www.criminalcivillawyer.com/tag/school-bus-crash/)
- [New Jersey motor accidents](https://www.criminalcivillawyer.com/tag/new-jersey-motor-accidents/)
- [vehicle accident lawyer](https://www.criminalcivillawyer.com/tag/vehicle-accident-lawyer/)
- [new jersey accident lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-accident-lawyer/)
- [motor vehicle accident](https://www.criminalcivillawyer.com/tag/motor-vehicle-accident/)
- [truck accident attorney](https://www.criminalcivillawyer.com/tag/truck-accident-attorney/)
- [New Jersey motor vehicle accident lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-motor-vehicle-accident-lawyer/)
- [NJ Transit Lawyer](https://www.criminalcivillawyer.com/tag/nj-transit-lawyer/)
- [armored car accident](https://www.criminalcivillawyer.com/tag/armored-car-accident/)
- [truck accident lawyer](https://www.criminalcivillawyer.com/tag/truck-accident-lawyer/)
- [Train Accident](https://www.criminalcivillawyer.com/tag/train-accident/)
- [NJ Transit accident](https://www.criminalcivillawyer.com/tag/nj-transit-accident/)
- [unisured motorist claim](https://www.criminalcivillawyer.com/tag/unisured-motorist-claim/)
- [underinsured motorist claim](https://www.criminalcivillawyer.com/tag/underinsured-motorist-claim/)
- [school bus accident](https://www.criminalcivillawyer.com/tag/school-bus-accident/)
- [commercial truck accident](https://www.criminalcivillawyer.com/tag/commercial-truck-accident/)
- [truck crash lawyer](https://www.criminalcivillawyer.com/tag/truck-crash-lawyer/)
- [new jersey bus accident](https://www.criminalcivillawyer.com/tag/new-jersey-bus-accident/)
- [jurisdiction](https://www.criminalcivillawyer.com/tag/jurisdiction/)
- [New Jersey State Jurisdiction](https://www.criminalcivillawyer.com/tag/new-jersey-state-jurisdiction/)
- [Rule of Lenity](https://www.criminalcivillawyer.com/tag/rule-of-lenity/)
- [Tracy Morgan](https://www.criminalcivillawyer.com/tag/tracy-morgan/)
- [Accident Settlement](https://www.criminalcivillawyer.com/tag/accident-settlement/)
- [head on collision](https://www.criminalcivillawyer.com/tag/head-on-collision/)
- [AC Expressway Accident](https://www.criminalcivillawyer.com/tag/ac-expressway-accident/)
- [garden state parkway accident](https://www.criminalcivillawyer.com/tag/garden-state-parkway-accident/)
- [two-vehicle crash](https://www.criminalcivillawyer.com/tag/two-vehicle-crash/)
- [Criminal Code](https://www.criminalcivillawyer.com/tag/criminal-code/)
- [revised statutes](https://www.criminalcivillawyer.com/tag/revised-statutes/)
- [Title 2-C](https://www.criminalcivillawyer.com/tag/title-2-c/)
- [V2V](https://www.criminalcivillawyer.com/tag/v2v/)
- [vehicle-to-vehicle communication](https://www.criminalcivillawyer.com/tag/vehicle-to-vehicle-communication/)
- [motor vehilce lawyer](https://www.criminalcivillawyer.com/tag/motor-vehilce-lawyer/)
- [Turnpike Accident](https://www.criminalcivillawyer.com/tag/turnpike-accident/)
- [Icy Roads](https://www.criminalcivillawyer.com/tag/icy-roads/)
- [warrantless vehicle search](https://www.criminalcivillawyer.com/tag/warrantless-vehicle-search/)
- [ignition interlock devices](https://www.criminalcivillawyer.com/tag/ignition-interlock-devices/)
- [New Jersey DWI Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-dwi-lawyer/)
- [Proposed DUI Penalties](https://www.criminalcivillawyer.com/tag/proposed-dui-penalties/)
- [bus accidents](https://www.criminalcivillawyer.com/tag/bus-accidents/)
- [Interstate 80 Accident](https://www.criminalcivillawyer.com/tag/interstate-80-accident/)
- [fatal truck accident](https://www.criminalcivillawyer.com/tag/fatal-truck-accident/)
- [informed consent](https://www.criminalcivillawyer.com/tag/informed-consent/)
- [professional negligenec](https://www.criminalcivillawyer.com/tag/professional-negligenec/)
- [New Jersey Civil Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-civil-lawyer/)
- [Expert opinion](https://www.criminalcivillawyer.com/tag/expert-opinion/)
- [causal relationship](https://www.criminalcivillawyer.com/tag/causal-relationship/)
- [indemnity clauses](https://www.criminalcivillawyer.com/tag/indemnity-clauses/)
- [subcontracted defendents](https://www.criminalcivillawyer.com/tag/subcontracted-defendents/)
- [statute of limitations](https://www.criminalcivillawyer.com/tag/statute-of-limitations/)
- [N.J.S.A. 2C:40-26(b)](https://www.criminalcivillawyer.com/tag/n-j-s-a-2c40-26b/)
- [fourth degree crime](https://www.criminalcivillawyer.com/tag/fourth-degree-crime/)
- [driving with DWI suspended license](https://www.criminalcivillawyer.com/tag/driving-with-dwi-suspended-license/)
- [DWI suspended license](https://www.criminalcivillawyer.com/tag/dwi-suspended-license/)
- [New Jersey Turnpike accident](https://www.criminalcivillawyer.com/tag/new-jersey-turnpike-accident/)
- [UPS Truck Accident](https://www.criminalcivillawyer.com/tag/ups-truck-accident/)
- [UPS truck accident lawyer](https://www.criminalcivillawyer.com/tag/ups-truck-accident-lawyer/)
- [New Jersey Truck Accident Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-truck-accident-lawyer/)
- [I-95 accident](https://www.criminalcivillawyer.com/tag/i-95-accident/)
- [dump truck accident](https://www.criminalcivillawyer.com/tag/dump-truck-accident/)
- [Route 130 accident](https://www.criminalcivillawyer.com/tag/route-130-accident/)
- [New Jersey Motor Vehicle Accident](https://www.criminalcivillawyer.com/tag/new-jersey-motor-vehicle-accident/)
- [Route 206 accident](https://www.criminalcivillawyer.com/tag/route-206-accident/)
- [5th amendment](https://www.criminalcivillawyer.com/tag/5th-amendment/)
- [6th amendment](https://www.criminalcivillawyer.com/tag/6th-amendment/)
- [right to council](https://www.criminalcivillawyer.com/tag/right-to-council/)
- [inevitiable discovery exception](https://www.criminalcivillawyer.com/tag/inevitiable-discovery-exception/)
- [Inman Avenue Accident](https://www.criminalcivillawyer.com/tag/inman-avenue-accident/)
- [State v Cawley](https://www.criminalcivillawyer.com/tag/state-v-cawley/)
- [Excited Utterance](https://www.criminalcivillawyer.com/tag/excited-utterance/)
- [Fresh Complaint](https://www.criminalcivillawyer.com/tag/fresh-complaint/)
- [school bus fire](https://www.criminalcivillawyer.com/tag/school-bus-fire/)
- [box truck accident](https://www.criminalcivillawyer.com/tag/box-truck-accident/)
- [Hazmat accident](https://www.criminalcivillawyer.com/tag/hazmat-accident/)
- [Wyoming County Accident](https://www.criminalcivillawyer.com/tag/wyoming-county-accident/)
- [Sentencing guidelines](https://www.criminalcivillawyer.com/tag/sentencing-guidelines/)
- [consecutive v. concurrent sentences](https://www.criminalcivillawyer.com/tag/consecutive-v-concurrent-sentences/)
- [merger doctrine](https://www.criminalcivillawyer.com/tag/merger-doctrine/)
- [Sex Crime Lawyer](https://www.criminalcivillawyer.com/tag/sex-crime-lawyer/)
- [Delaware](https://www.criminalcivillawyer.com/tag/delaware/)
- [school bus accident lawyer](https://www.criminalcivillawyer.com/tag/school-bus-accident-lawyer/)
- [Motor Vehicle Accident Lawyer](https://www.criminalcivillawyer.com/tag/motor-vehicle-accident-lawyer/)
- [Black Horse Pike](https://www.criminalcivillawyer.com/tag/black-horse-pike/)
- [I-295](https://www.criminalcivillawyer.com/tag/i-295/)
- [fatal accident](https://www.criminalcivillawyer.com/tag/fatal-accident/)
- [Newark](https://www.criminalcivillawyer.com/tag/newark/)
- [NJ](https://www.criminalcivillawyer.com/tag/nj/)
- [New Jersey Transit Accident](https://www.criminalcivillawyer.com/tag/new-jersey-transit-accident/)
- [NJ Transit bus accident](https://www.criminalcivillawyer.com/tag/nj-transit-bus-accident/)
- [Route 287](https://www.criminalcivillawyer.com/tag/route-287/)
- [exigent circumstances](https://www.criminalcivillawyer.com/tag/exigent-circumstances/)
- [Missouri vs McNeely](https://www.criminalcivillawyer.com/tag/missouri-vs-mcneely/)
- [State v. Adkins](https://www.criminalcivillawyer.com/tag/state-v-adkins/)
- [warrant](https://www.criminalcivillawyer.com/tag/warrant/)
- [blood test](https://www.criminalcivillawyer.com/tag/blood-test/)
- [Lincoln Tunnel](https://www.criminalcivillawyer.com/tag/lincoln-tunnel/)
- [Route 9](https://www.criminalcivillawyer.com/tag/route-9/)
- [Garden S](https://www.criminalcivillawyer.com/tag/garden-s/)
- [New Jersey Turnpike Crash](https://www.criminalcivillawyer.com/tag/new-jersey-turnpike-crash/)
- [step-down provision](https://www.criminalcivillawyer.com/tag/step-down-provision/)
- [third offense DWI](https://www.criminalcivillawyer.com/tag/third-offense-dwi/)
- [truck fire](https://www.criminalcivillawyer.com/tag/truck-fire/)
- [professional negligence](https://www.criminalcivillawyer.com/tag/professional-negligence/)
- [professional witness](https://www.criminalcivillawyer.com/tag/professional-witness/)
- [physician testimony](https://www.criminalcivillawyer.com/tag/physician-testimony/)
- [Rule 4:14-9](https://www.criminalcivillawyer.com/tag/rule-414-9/)
- [Opinion 9.07 on Medical Testimony](https://www.criminalcivillawyer.com/tag/opinion-9-07-on-medical-testimony/)
- [I-78 Accident](https://www.criminalcivillawyer.com/tag/i-78-accident/)
- [fatal bus accident](https://www.criminalcivillawyer.com/tag/fatal-bus-accident/)
- [Delran](https://www.criminalcivillawyer.com/tag/delran/)
- [box truck](https://www.criminalcivillawyer.com/tag/box-truck/)
- [box truck accident lawyer](https://www.criminalcivillawyer.com/tag/box-truck-accident-lawyer/)
- [Garden State Parkway](https://www.criminalcivillawyer.com/tag/garden-state-parkway/)
- [Phillips v. Weichert](https://www.criminalcivillawyer.com/tag/phillips-v-weichert/)
- [I-78](https://www.criminalcivillawyer.com/tag/i-78/)
- [tractor trailer accident](https://www.criminalcivillawyer.com/tag/tractor-trailer-accident/)
- [Traffic](https://www.criminalcivillawyer.com/tag/traffic/)
- [Traffic Accidents](https://www.criminalcivillawyer.com/tag/traffic-accidents/)
- [New Jersey Traffic](https://www.criminalcivillawyer.com/tag/new-jersey-traffic/)
- [Traffic Accident Lawyer](https://www.criminalcivillawyer.com/tag/traffic-accident-lawyer/)
- [Bicycle accident](https://www.criminalcivillawyer.com/tag/bicycle-accident/)
- [4th ammendment protection](https://www.criminalcivillawyer.com/tag/4th-ammendment-protection/)
- [third-party intervention doctrine](https://www.criminalcivillawyer.com/tag/third-party-intervention-doctrine/)
- [memorial day traffic](https://www.criminalcivillawyer.com/tag/memorial-day-traffic/)
- [NJ Turnpike Accident](https://www.criminalcivillawyer.com/tag/nj-turnpike-accident/)
- [John Nash](https://www.criminalcivillawyer.com/tag/john-nash/)
- [lay witness opinion](https://www.criminalcivillawyer.com/tag/lay-witness-opinion/)
- [rules of evidence](https://www.criminalcivillawyer.com/tag/rules-of-evidence/)
- [expert t](https://www.criminalcivillawyer.com/tag/expert-t/)
- [traffic stops](https://www.criminalcivillawyer.com/tag/traffic-stops/)
- [common infractions](https://www.criminalcivillawyer.com/tag/common-infractions/)
- [Motorcycle Accident](https://www.criminalcivillawyer.com/tag/motorcycle-accident/)
- [Route 3 accident](https://www.criminalcivillawyer.com/tag/route-3-accident/)
- [Giant's punter accident](https://www.criminalcivillawyer.com/tag/giants-punter-accident/)
- [professional defense](https://www.criminalcivillawyer.com/tag/professional-defense/)
- [sumary judgement](https://www.criminalcivillawyer.com/tag/sumary-judgement/)
- [res judicata](https://www.criminalcivillawyer.com/tag/res-judicata/)
- [UI Claim](https://www.criminalcivillawyer.com/tag/ui-claim/)
- [hit and run accident](https://www.criminalcivillawyer.com/tag/hit-and-run-accident/)
- [New Jersey accident](https://www.criminalcivillawyer.com/tag/new-jersey-accident/)
- [rules on evidence](https://www.criminalcivillawyer.com/tag/rules-on-evidence/)
- [inadmissable evidence](https://www.criminalcivillawyer.com/tag/inadmissable-evidence/)
- [Route 3](https://www.criminalcivillawyer.com/tag/route-3/)
- [I-287](https://www.criminalcivillawyer.com/tag/i-287/)
- [New Jersey Bus Accident Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-bus-accident-lawyer/)
- [Seat Belts](https://www.criminalcivillawyer.com/tag/seat-belts/)
- [Telegraph Road Accident](https://www.criminalcivillawyer.com/tag/telegraph-road-accident/)
- [dump truck crash lawyer](https://www.criminalcivillawyer.com/tag/dump-truck-crash-lawyer/)
- [liability](https://www.criminalcivillawyer.com/tag/liability/)
- [contributory negligence](https://www.criminalcivillawyer.com/tag/contributory-negligence/)
- [premeditated murder](https://www.criminalcivillawyer.com/tag/premeditated-murder/)
- [waiver of a defense of self-defense](https://www.criminalcivillawyer.com/tag/waiver-of-a-defense-of-self-defense/)
- [self-defense](https://www.criminalcivillawyer.com/tag/self-defense/)
- [miranda warning](https://www.criminalcivillawyer.com/tag/miranda-warning/)
- [fatal truck acc](https://www.criminalcivillawyer.com/tag/fatal-truck-acc/)
- [burglary](https://www.criminalcivillawyer.com/tag/burglary/)
- [occupied structures](https://www.criminalcivillawyer.com/tag/occupied-structures/)
- [dump truck accident lawyer](https://www.criminalcivillawyer.com/tag/dump-truck-accident-lawyer/)
- [Driving with suspended license](https://www.criminalcivillawyer.com/tag/driving-with-suspended-license/)
- [Pretrial Intervention Program](https://www.criminalcivillawyer.com/tag/pretrial-intervention-program/)
- [Pensions and Crime](https://www.criminalcivillawyer.com/tag/pensions-and-crime/)
- [Loss of pension](https://www.criminalcivillawyer.com/tag/loss-of-pension/)
- [Route 80 accident](https://www.criminalcivillawyer.com/tag/route-80-accident/)
- [recusal](https://www.criminalcivillawyer.com/tag/recusal/)
- [Route 78 crash](https://www.criminalcivillawyer.com/tag/route-78-crash/)
- [post office truck accident](https://www.criminalcivillawyer.com/tag/post-office-truck-accident/)
- [obstruction of justice](https://www.criminalcivillawyer.com/tag/obstruction-of-justice/)
- [resisting arrest](https://www.criminalcivillawyer.com/tag/resisting-arrest/)
- [dropped 911 call](https://www.criminalcivillawyer.com/tag/dropped-911-call/)
- [downed power lines](https://www.criminalcivillawyer.com/tag/downed-power-lines/)
- [resentencing](https://www.criminalcivillawyer.com/tag/resentencing/)
- [extended term of sentencing](https://www.criminalcivillawyer.com/tag/extended-term-of-sentencing/)
- [DNA Testing](https://www.criminalcivillawyer.com/tag/dna-testing/)
- [I-95](https://www.criminalcivillawyer.com/tag/i-95/)
- [drug crimes](https://www.criminalcivillawyer.com/tag/drug-crimes/)
- [New Jersey Drug Crime Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-drug-crime-lawyer/)
- [NTSB](https://www.criminalcivillawyer.com/tag/ntsb/)
- [WalMart Truck Accident](https://www.criminalcivillawyer.com/tag/walmart-truck-accident/)
- [Route 287 Accident](https://www.criminalcivillawyer.com/tag/route-287-accident/)
- [exclusionary rule](https://www.criminalcivillawyer.com/tag/exclusionary-rule/)
- [Expungement](https://www.criminalcivillawyer.com/tag/expungement/)
- [tortious event](https://www.criminalcivillawyer.com/tag/tortious-event/)
- [personal injury lawyer](https://www.criminalcivillawyer.com/tag/personal-injury-lawyer/)
- [evidentiary burden of proof](https://www.criminalcivillawyer.com/tag/evidentiary-burden-of-proof/)
- [right to an attorney](https://www.criminalcivillawyer.com/tag/right-to-an-attorney/)
- [self-incrimination](https://www.criminalcivillawyer.com/tag/self-incrimination/)
- [new jersey criminal lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-criminal-lawyer/)
- [Route 208](https://www.criminalcivillawyer.com/tag/route-208/)
- [tow truck accident](https://www.criminalcivillawyer.com/tag/tow-truck-accident/)
- [pedestrian accident](https://www.criminalcivillawyer.com/tag/pedestrian-accident/)
- [Route 73 accident](https://www.criminalcivillawyer.com/tag/route-73-accident/)
- [workers](https://www.criminalcivillawyer.com/tag/workers/)
- [staute of limitations](https://www.criminalcivillawyer.com/tag/staute-of-limitations/)
- [workers comp](https://www.criminalcivillawyer.com/tag/workers-comp/)
- [existing medical conditions](https://www.criminalcivillawyer.com/tag/existing-medical-conditions/)
- [police negligence](https://www.criminalcivillawyer.com/tag/police-negligence/)
- [complaint against public entity](https://www.criminalcivillawyer.com/tag/complaint-against-public-entity/)
- [SUV accident](https://www.criminalcivillawyer.com/tag/suv-accident/)
- [Car fire](https://www.criminalcivillawyer.com/tag/car-fire/)
- [Route 17](https://www.criminalcivillawyer.com/tag/route-17/)
- [Route 17 accident](https://www.criminalcivillawyer.com/tag/route-17-accident/)
- [I-80 accident](https://www.criminalcivillawyer.com/tag/i-80-accident/)
- [HACKENSACK](https://www.criminalcivillawyer.com/tag/hackensack/)
- [CUMMA](https://www.criminalcivillawyer.com/tag/cumma/)
- [Medical Use of Marijuana](https://www.criminalcivillawyer.com/tag/medical-use-of-marijuana/)
- [Route 18](https://www.criminalcivillawyer.com/tag/route-18/)
- [Route 18 Truck Accident](https://www.criminalcivillawyer.com/tag/route-18-truck-accident/)
- [Fatal Car Accident](https://www.criminalcivillawyer.com/tag/fatal-car-accident/)
- [expert deposition](https://www.criminalcivillawyer.com/tag/expert-deposition/)
- [expert fee](https://www.criminalcivillawyer.com/tag/expert-fee/)
- [unexpected stop](https://www.criminalcivillawyer.com/tag/unexpected-stop/)
- [Intensive Supervised Parol](https://www.criminalcivillawyer.com/tag/intensive-supervised-parol/)
- [Ineffectiveness](https://www.criminalcivillawyer.com/tag/ineffectiveness/)
- [Ineffective Assistance of counsel](https://www.criminalcivillawyer.com/tag/ineffective-assistance-of-counsel/)
- [INEFFECTIVE ASSISTANCE](https://www.criminalcivillawyer.com/tag/ineffective-assistance/)
- [State vs Witt](https://www.criminalcivillawyer.com/tag/state-vs-witt/)
- [dog sniff](https://www.criminalcivillawyer.com/tag/dog-sniff/)
- [New Jersey DUI](https://www.criminalcivillawyer.com/tag/new-jersey-dui/)
- [New Jersey Criminal Law](https://www.criminalcivillawyer.com/tag/new-jersey-criminal-law/)
- [Criminal Law](https://www.criminalcivillawyer.com/tag/criminal-law/)
- [Drug Charges](https://www.criminalcivillawyer.com/tag/drug-charges/)
- [Consent](https://www.criminalcivillawyer.com/tag/consent/)
- [New Jersey Transit](https://www.criminalcivillawyer.com/tag/new-jersey-transit/)
- [tanker truck accident](https://www.criminalcivillawyer.com/tag/tanker-truck-accident/)
- [Vehicle tree collision](https://www.criminalcivillawyer.com/tag/vehicle-tree-collision/)
- [dump truck](https://www.criminalcivillawyer.com/tag/dump-truck/)
- [GEICO](https://www.criminalcivillawyer.com/tag/geico/)
- [Rule 4:58-2(a)](https://www.criminalcivillawyer.com/tag/rule-458-2a/)
- [Montauk Bus Service](https://www.criminalcivillawyer.com/tag/montauk-bus-service/)
- [school bus driver](https://www.criminalcivillawyer.com/tag/school-bus-driver/)
- [Willie Toohey](https://www.criminalcivillawyer.com/tag/willie-toohey/)
- [Self Representation](https://www.criminalcivillawyer.com/tag/self-representation/)
- [DePietro v. Allstate](https://www.criminalcivillawyer.com/tag/depietro-v-allstate/)
- [Sfc. Michael Roadside](https://www.criminalcivillawyer.com/tag/sfc-michael-roadside/)
- [bus druver](https://www.criminalcivillawyer.com/tag/bus-druver/)
- [texting](https://www.criminalcivillawyer.com/tag/texting/)
- [Jude Clough](https://www.criminalcivillawyer.com/tag/jude-clough/)
- [Academy Charter High School](https://www.criminalcivillawyer.com/tag/academy-charter-high-school/)
- [Graves Act](https://www.criminalcivillawyer.com/tag/graves-act/)
- [Unlawful Possession of a handgun](https://www.criminalcivillawyer.com/tag/unlawful-possession-of-a-handgun/)
- [Domestic Violence](https://www.criminalcivillawyer.com/tag/domestic-violence/)
- [New Jersey Domestic Violence](https://www.criminalcivillawyer.com/tag/new-jersey-domestic-violence/)
- [Domestic Violence Lawyer](https://www.criminalcivillawyer.com/tag/domestic-violence-lawyer/)
- [texts as evidence](https://www.criminalcivillawyer.com/tag/texts-as-evidence/)
- [State vs Torres](https://www.criminalcivillawyer.com/tag/state-vs-torres/)
- [New Jersey Drug Court](https://www.criminalcivillawyer.com/tag/new-jersey-drug-court/)
- [extended parole](https://www.criminalcivillawyer.com/tag/extended-parole/)
- [Philadelphia](https://www.criminalcivillawyer.com/tag/philadelphia/)
- [school bus](https://www.criminalcivillawyer.com/tag/school-bus/)
- [Safety](https://www.criminalcivillawyer.com/tag/safety/)
- [partner settlement](https://www.criminalcivillawyer.com/tag/partner-settlement/)
- [Partnership Dispute](https://www.criminalcivillawyer.com/tag/partnership-dispute/)
- [Lawyer](https://www.criminalcivillawyer.com/tag/lawyer/)
- [new jersey dump truck accident](https://www.criminalcivillawyer.com/tag/new-jersey-dump-truck-accident/)
- [Bridgewater](https://www.criminalcivillawyer.com/tag/bridgewater/)
- [malicious prosecution](https://www.criminalcivillawyer.com/tag/malicious-prosecution/)
- [restraining order](https://www.criminalcivillawyer.com/tag/restraining-order/)
- [Notice to Quit](https://www.criminalcivillawyer.com/tag/notice-to-quit/)
- [Notice to Stop](https://www.criminalcivillawyer.com/tag/notice-to-stop/)
- [Eviction](https://www.criminalcivillawyer.com/tag/eviction/)
- [Landlord](https://www.criminalcivillawyer.com/tag/landlord/)
- [Grounds for Eviction](https://www.criminalcivillawyer.com/tag/grounds-for-eviction/)
- [I-80](https://www.criminalcivillawyer.com/tag/i-80/)
- [New Jersey Truck Crash](https://www.criminalcivillawyer.com/tag/new-jersey-truck-crash/)
- [New Jersey Truck Crash Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-truck-crash-lawyer/)
- [walmart](https://www.criminalcivillawyer.com/tag/walmart/)
- [spine injury](https://www.criminalcivillawyer.com/tag/spine-injury/)
- [Fitzgerald v. Walmart](https://www.criminalcivillawyer.com/tag/fitzgerald-v-walmart/)
- [truck and trailer crash](https://www.criminalcivillawyer.com/tag/truck-and-trailer-crash/)
- [truck](https://www.criminalcivillawyer.com/tag/truck/)
- [crash](https://www.criminalcivillawyer.com/tag/crash/)
- [accident](https://www.criminalcivillawyer.com/tag/accident/)
- [Cherry Hill](https://www.criminalcivillawyer.com/tag/cherry-hill/)
- [tree service injury](https://www.criminalcivillawyer.com/tag/tree-service-injury/)
- [workers compensation lawyer](https://www.criminalcivillawyer.com/tag/workers-compensation-lawyer/)
- [unreasonable searches and seizures](https://www.criminalcivillawyer.com/tag/unreasonable-searches-and-seizures/)
- [Police Officer DUI](https://www.criminalcivillawyer.com/tag/police-officer-dui/)
- [manifest denial of justice](https://www.criminalcivillawyer.com/tag/manifest-denial-of-justice/)
- [Gonzalez-Caceres v. Murray](https://www.criminalcivillawyer.com/tag/gonzalez-caceres-v-murray/)
- [relevant evidence](https://www.criminalcivillawyer.com/tag/relevant-evidence/)
- [probative value of evidence](https://www.criminalcivillawyer.com/tag/probative-value-of-evidence/)
- [prejudicial evidence](https://www.criminalcivillawyer.com/tag/prejudicial-evidence/)
- [indictable offense](https://www.criminalcivillawyer.com/tag/indictable-offense/)
- [fundamental fairness](https://www.criminalcivillawyer.com/tag/fundamental-fairness/)
- [State vs. Thorpe](https://www.criminalcivillawyer.com/tag/state-vs-thorpe/)
- [Chef Alex Capasso](https://www.criminalcivillawyer.com/tag/chef-alex-capasso/)
- [New Jersey Truck Accidents](https://www.criminalcivillawyer.com/tag/new-jersey-truck-accidents/)
- [Truck Crash Statistics](https://www.criminalcivillawyer.com/tag/truck-crash-statistics/)
- [Traffic Fatalities](https://www.criminalcivillawyer.com/tag/traffic-fatalities/)
- [George Washington Bridge Accident](https://www.criminalcivillawyer.com/tag/george-washington-bridge-accident/)
- [NJRE 702](https://www.criminalcivillawyer.com/tag/njre-702/)
- [Cognitive Damage Lawsuit](https://www.criminalcivillawyer.com/tag/cognitive-damage-lawsuit/)
- [New Jersey Personal Injury Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-personal-injury-lawyer/)
- [school bus safety](https://www.criminalcivillawyer.com/tag/school-bus-safety/)
- [school bus legislation](https://www.criminalcivillawyer.com/tag/school-bus-legislation/)
- [Abigail's Law](https://www.criminalcivillawyer.com/tag/abigails-law/)
- [new jersey turn](https://www.criminalcivillawyer.com/tag/new-jersey-turn/)
- [New Jersey Truck](https://www.criminalcivillawyer.com/tag/new-jersey-truck/)
- [driver fatigue](https://www.criminalcivillawyer.com/tag/driver-fatigue/)
- [fuel spill](https://www.criminalcivillawyer.com/tag/fuel-spill/)
- [rollover truck crash](https://www.criminalcivillawyer.com/tag/rollover-truck-crash/)
- [OPA](https://www.criminalcivillawyer.com/tag/opa/)
- [Overdose Protection Act](https://www.criminalcivillawyer.com/tag/overdose-protection-act/)
- [Heroin Overdose](https://www.criminalcivillawyer.com/tag/heroin-overdose/)
- [Drugs and Employment](https://www.criminalcivillawyer.com/tag/drugs-and-employment/)
- [Final Judgement](https://www.criminalcivillawyer.com/tag/final-judgement/)
- [Oil Tanker Crash](https://www.criminalcivillawyer.com/tag/oil-tanker-crash/)
- [Fuel Tanker](https://www.criminalcivillawyer.com/tag/fuel-tanker/)
- [Arbitration Clauses](https://www.criminalcivillawyer.com/tag/arbitration-clauses/)
- [new jersey school bus crash](https://www.criminalcivillawyer.com/tag/new-jersey-school-bus-crash/)
- [school bus seatbelts](https://www.criminalcivillawyer.com/tag/school-bus-seatbelts/)
- [seat belt law](https://www.criminalcivillawyer.com/tag/seat-belt-law/)
- [school bus laws](https://www.criminalcivillawyer.com/tag/school-bus-laws/)
- [Bridgeton](https://www.criminalcivillawyer.com/tag/bridgeton/)
- [fatal school bus accident](https://www.criminalcivillawyer.com/tag/fatal-school-bus-accident/)
- [new jersey school bus accident attorney](https://www.criminalcivillawyer.com/tag/new-jersey-school-bus-accident-attorney/)
- [PIP Coverage](https://www.criminalcivillawyer.com/tag/pip-coverage/)
- [Personal Injury Protection](https://www.criminalcivillawyer.com/tag/personal-injury-protection/)
- [Liability Insurance](https://www.criminalcivillawyer.com/tag/liability-insurance/)
- [Legal Malpractice](https://www.criminalcivillawyer.com/tag/legal-malpractice/)
- [HIPAA Privacy](https://www.criminalcivillawyer.com/tag/hipaa-privacy/)
- [Todaro v. Gloucester County Department of Corrections](https://www.criminalcivillawyer.com/tag/todaro-v-gloucester-county-department-of-corrections/)
- [Compensation Court](https://www.criminalcivillawyer.com/tag/compensation-court/)
- [carpal tunnel syndrome](https://www.criminalcivillawyer.com/tag/carpal-tunnel-syndrome/)
- [permanent partial disability](https://www.criminalcivillawyer.com/tag/permanent-partial-disability/)
- [N.J.S.A. 2C:12-1(b)(7)](https://www.criminalcivillawyer.com/tag/n-j-s-a-2c12-1b7/)
- [State vs. Regan](https://www.criminalcivillawyer.com/tag/state-vs-regan/)
- [significant injury](https://www.criminalcivillawyer.com/tag/significant-injury/)
- [credibility of the witnesses](https://www.criminalcivillawyer.com/tag/credibility-of-the-witnesses/)
- [conclusions of law](https://www.criminalcivillawyer.com/tag/conclusions-of-law/)
- [scope of review](https://www.criminalcivillawyer.com/tag/scope-of-review/)
- [appelate court](https://www.criminalcivillawyer.com/tag/appelate-court/)
- [Route 55 accident](https://www.criminalcivillawyer.com/tag/route-55-accident/)
- [Motorcycle Crash](https://www.criminalcivillawyer.com/tag/motorcycle-crash/)
- [New Jersey Sex Crime Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-sex-crime-lawyer/)
- [Nursing License Defense](https://www.criminalcivillawyer.com/tag/nursing-license-defense/)
- [Nursing License Revocation](https://www.criminalcivillawyer.com/tag/nursing-license-revocation/)
- [New Jersey Board of Nursing](https://www.criminalcivillawyer.com/tag/new-jersey-board-of-nursing/)
- [HIPPAA](https://www.criminalcivillawyer.com/tag/hippaa/)
- [Nursing License Defense Lawyer](https://www.criminalcivillawyer.com/tag/nursing-license-defense-lawyer/)
- [State vs Wright](https://www.criminalcivillawyer.com/tag/state-vs-wright/)
- [victim identification](https://www.criminalcivillawyer.com/tag/victim-identification/)
- [Miranda warnings](https://www.criminalcivillawyer.com/tag/miranda-warnings/)
- [police officer accident](https://www.criminalcivillawyer.com/tag/police-officer-accident/)
- [intercept communications](https://www.criminalcivillawyer.com/tag/intercept-communications/)
- [Roving Wire Tap](https://www.criminalcivillawyer.com/tag/roving-wire-tap/)
- [Legal Standard of Review](https://www.criminalcivillawyer.com/tag/legal-standard-of-review/)
- [Field Inquiry](https://www.criminalcivillawyer.com/tag/field-inquiry/)
- [State vs Rosario](https://www.criminalcivillawyer.com/tag/state-vs-rosario/)
- [salt truck accident](https://www.criminalcivillawyer.com/tag/salt-truck-accident/)
- [Polk analysis](https://www.criminalcivillawyer.com/tag/polk-analysis/)
- [Unemployment Benefits](https://www.criminalcivillawyer.com/tag/unemployment-benefits/)
- [I-287 accident](https://www.criminalcivillawyer.com/tag/i-287-accident/)
- [Military](https://www.criminalcivillawyer.com/tag/military/)
- [Soldiers](https://www.criminalcivillawyer.com/tag/soldiers/)
- [New Jersey Motor Vehicle](https://www.criminalcivillawyer.com/tag/new-jersey-motor-vehicle/)
- [police car cameras](https://www.criminalcivillawyer.com/tag/police-car-cameras/)
- [constitutionality](https://www.criminalcivillawyer.com/tag/constitutionality/)
- [New Jersey Drug Law](https://www.criminalcivillawyer.com/tag/new-jersey-drug-law/)
- [new jersey workers compensation lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-workers-compensation-lawyer/)
- [Maximum Medical Improvement](https://www.criminalcivillawyer.com/tag/maximum-medical-improvement/)
- [out-of-state DWI conviction](https://www.criminalcivillawyer.com/tag/out-of-state-dwi-conviction/)
- [Pickup Truck Crash](https://www.criminalcivillawyer.com/tag/pickup-truck-crash/)
- [dog bite settlement](https://www.criminalcivillawyer.com/tag/dog-bite-settlement/)
- [New Jersey Dog Bite Lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-dog-bite-lawyer/)
- [Dog Bite Lawyer](https://www.criminalcivillawyer.com/tag/dog-bite-lawyer/)
- [State Trooper Accident](https://www.criminalcivillawyer.com/tag/state-trooper-accident/)
- [Textalyzer](https://www.criminalcivillawyer.com/tag/textalyzer/)
- [Textinig and Driving](https://www.criminalcivillawyer.com/tag/textinig-and-driving/)
- [Sleep Apnea](https://www.criminalcivillawyer.com/tag/sleep-apnea/)
- [Criminal Law Change](https://www.criminalcivillawyer.com/tag/criminal-law-change/)
- [pretrial conference](https://www.criminalcivillawyer.com/tag/pretrial-conference/)
- [appellate review](https://www.criminalcivillawyer.com/tag/appellate-review/)
- [Marijuana law](https://www.criminalcivillawyer.com/tag/marijuana-law/)
- [Child Pornography Law](https://www.criminalcivillawyer.com/tag/child-pornography-law/)
- [fatal shooting](https://www.criminalcivillawyer.com/tag/fatal-shooting/)
- [Camden](https://www.criminalcivillawyer.com/tag/camden/)
- [heart attack](https://www.criminalcivillawyer.com/tag/heart-attack/)
- [Memorial Day Weekend](https://www.criminalcivillawyer.com/tag/memorial-day-weekend/)
- [Fatal accidents](https://www.criminalcivillawyer.com/tag/fatal-accidents/)
- [tinted windows](https://www.criminalcivillawyer.com/tag/tinted-windows/)
- [Risk of Death or Injury](https://www.criminalcivillawyer.com/tag/risk-of-death-or-injury/)
- [2nd Degree Eluding](https://www.criminalcivillawyer.com/tag/2nd-degree-eluding/)
- [CNA Certification](https://www.criminalcivillawyer.com/tag/cna-certification/)
- [Prior Conviction](https://www.criminalcivillawyer.com/tag/prior-conviction/)
- [Speedy Trial](https://www.criminalcivillawyer.com/tag/speedy-trial/)
- [Driving on Suspended License](https://www.criminalcivillawyer.com/tag/driving-on-suspended-license/)
- [Conspiracy](https://www.criminalcivillawyer.com/tag/conspiracy/)
- [Controlled Substance](https://www.criminalcivillawyer.com/tag/controlled-substance/)
- [heroin possession](https://www.criminalcivillawyer.com/tag/heroin-possession/)
- [New Jersey Criminal](https://www.criminalcivillawyer.com/tag/new-jersey-criminal/)
- [Pep Boys](https://www.criminalcivillawyer.com/tag/pep-boys/)
- [Rotary Lift Service](https://www.criminalcivillawyer.com/tag/rotary-lift-service/)
- [Rule 7:2-1](https://www.criminalcivillawyer.com/tag/rule-72-1/)
- [fatal vehicle accident](https://www.criminalcivillawyer.com/tag/fatal-vehicle-accident/)
- [Talmage vs Burns](https://www.criminalcivillawyer.com/tag/talmage-vs-burns/)
- [Fatal Motorcycle Accident](https://www.criminalcivillawyer.com/tag/fatal-motorcycle-accident/)
- [DWI Blood Draw](https://www.criminalcivillawyer.com/tag/dwi-blood-draw/)
- [Your Rights](https://www.criminalcivillawyer.com/tag/your-rights/)
- [Franks Hearing](https://www.criminalcivillawyer.com/tag/franks-hearing/)
- [search warrant](https://www.criminalcivillawyer.com/tag/search-warrant/)
- [New Jersey tractor trailer crash lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-tractor-trailer-crash-lawyer/)
- [multi-vehicle accident](https://www.criminalcivillawyer.com/tag/multi-vehicle-accident/)
- [Beer Truck Crash](https://www.criminalcivillawyer.com/tag/beer-truck-crash/)
- [communications data warrant](https://www.criminalcivillawyer.com/tag/communications-data-warrant/)
- [cell phone data](https://www.criminalcivillawyer.com/tag/cell-phone-data/)
- [juvenile detention](https://www.criminalcivillawyer.com/tag/juvenile-detention/)
- [shackling](https://www.criminalcivillawyer.com/tag/shackling/)
- [Stabbing](https://www.criminalcivillawyer.com/tag/stabbing/)
- [First-Degree Murder](https://www.criminalcivillawyer.com/tag/first-degree-murder/)
- [Fedex truck crash](https://www.criminalcivillawyer.com/tag/fedex-truck-crash/)
- [FedEx truck accident](https://www.criminalcivillawyer.com/tag/fedex-truck-accident/)
- [New Jersey FedEx Truck Crash](https://www.criminalcivillawyer.com/tag/new-jersey-fedex-truck-crash/)
- [FedEx truck crash lawyer](https://www.criminalcivillawyer.com/tag/fedex-truck-crash-lawyer/)
- [Route 495 accident](https://www.criminalcivillawyer.com/tag/route-495-accident/)
- [illegal evidence](https://www.criminalcivillawyer.com/tag/illegal-evidence/)
- [case dismissal](https://www.criminalcivillawyer.com/tag/case-dismissal/)
- [objective credible medical evidence](https://www.criminalcivillawyer.com/tag/objective-credible-medical-evidence/)
- [Public Entity](https://www.criminalcivillawyer.com/tag/public-entity/)
- [Tort Liability](https://www.criminalcivillawyer.com/tag/tort-liability/)
- [graden state parkway](https://www.criminalcivillawyer.com/tag/graden-state-parkway/)
- [Route 40](https://www.criminalcivillawyer.com/tag/route-40/)
- [res ipsa loquitur](https://www.criminalcivillawyer.com/tag/res-ipsa-loquitur/)
- [negligence](https://www.criminalcivillawyer.com/tag/negligence/)
- [drug distribution](https://www.criminalcivillawyer.com/tag/drug-distribution/)
- [New Jersey Transit Bus Crash](https://www.criminalcivillawyer.com/tag/new-jersey-transit-bus-crash/)
- [Hoboken](https://www.criminalcivillawyer.com/tag/hoboken/)
- [Train Crash](https://www.criminalcivillawyer.com/tag/train-crash/)
- [Horse Trailer Crash](https://www.criminalcivillawyer.com/tag/horse-trailer-crash/)
- [PTI denial](https://www.criminalcivillawyer.com/tag/pti-denial/)
- [East Rutherford](https://www.criminalcivillawyer.com/tag/east-rutherford/)
- [East Rutherford school bus](https://www.criminalcivillawyer.com/tag/east-rutherford-school-bus/)
- [Northern Valley Regional High School Bus Crash](https://www.criminalcivillawyer.com/tag/northern-valley-regional-high-school-bus-crash/)
- [Commercial Truck Accidents](https://www.criminalcivillawyer.com/tag/commercial-truck-accidents/)
- [295 accident](https://www.criminalcivillawyer.com/tag/295-accident/)
- [surveillance video](https://www.criminalcivillawyer.com/tag/surveillance-video/)
- [video evidence](https://www.criminalcivillawyer.com/tag/video-evidence/)
- [trial de novo](https://www.criminalcivillawyer.com/tag/trial-de-novo/)
- [ficticious plates](https://www.criminalcivillawyer.com/tag/ficticious-plates/)
- [hearsay rule](https://www.criminalcivillawyer.com/tag/hearsay-rule/)
- [abuse of discretion](https://www.criminalcivillawyer.com/tag/abuse-of-discretion/)
- [possessing gun without permit](https://www.criminalcivillawyer.com/tag/possessing-gun-without-permit/)
- [marijuana possession](https://www.criminalcivillawyer.com/tag/marijuana-possession/)
- [Josh Huff](https://www.criminalcivillawyer.com/tag/josh-huff/)
- [Trucker Wages](https://www.criminalcivillawyer.com/tag/trucker-wages/)
- [withdraw guilty plea](https://www.criminalcivillawyer.com/tag/withdraw-guilty-plea/)
- [Robbery](https://www.criminalcivillawyer.com/tag/robbery/)
- [Mental Illness](https://www.criminalcivillawyer.com/tag/mental-illness/)
- [Worker's Compensation benefits](https://www.criminalcivillawyer.com/tag/workers-compensation-benefits/)
- [Worker's Compensation](https://www.criminalcivillawyer.com/tag/workers-compensation/)
- [Intoxication](https://www.criminalcivillawyer.com/tag/intoxication/)
- [PIP](https://www.criminalcivillawyer.com/tag/pip/)
- [Grand jury](https://www.criminalcivillawyer.com/tag/grand-jury/)
- [protective sweep](https://www.criminalcivillawyer.com/tag/protective-sweep/)
- [safety sweep](https://www.criminalcivillawyer.com/tag/safety-sweep/)
- [plainview doctrine](https://www.criminalcivillawyer.com/tag/plainview-doctrine/)
- [road closure](https://www.criminalcivillawyer.com/tag/road-closure/)
- [New Jersey Gun Offense](https://www.criminalcivillawyer.com/tag/new-jersey-gun-offense/)
- [Criminal Rules](https://www.criminalcivillawyer.com/tag/criminal-rules/)
- [new jersey Juvenile crime lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-juvenile-crime-lawyer/)
- [Operating a vehicle](https://www.criminalcivillawyer.com/tag/operating-a-vehicle/)
- [subcontractor](https://www.criminalcivillawyer.com/tag/subcontractor/)
- [electronic communication](https://www.criminalcivillawyer.com/tag/electronic-communication/)
- [Verbal threshold](https://www.criminalcivillawyer.com/tag/verbal-threshold/)
- [expert reports](https://www.criminalcivillawyer.com/tag/expert-reports/)
- [permanent injury](https://www.criminalcivillawyer.com/tag/permanent-injury/)
- [attorney malpractice](https://www.criminalcivillawyer.com/tag/attorney-malpractice/)
- [Drivers abstract](https://www.criminalcivillawyer.com/tag/drivers-abstract/)
- [prior traffic offenses](https://www.criminalcivillawyer.com/tag/prior-traffic-offenses/)
- [no jail](https://www.criminalcivillawyer.com/tag/no-jail/)
- [appeal](https://www.criminalcivillawyer.com/tag/appeal/)
- [N.J.S.A. 2C:35-10(c)](https://www.criminalcivillawyer.com/tag/n-j-s-a-2c35-10c/)
- [N.J.S.A. 2C:35-10(a)](https://www.criminalcivillawyer.com/tag/n-j-s-a-2c35-10a/)
- [Route 540](https://www.criminalcivillawyer.com/tag/route-540/)
- [Route 77](https://www.criminalcivillawyer.com/tag/route-77/)
- [Route 70](https://www.criminalcivillawyer.com/tag/route-70/)
- [Burlington County](https://www.criminalcivillawyer.com/tag/burlington-county/)
- [FELA](https://www.criminalcivillawyer.com/tag/fela/)
- [Emotional Damages](https://www.criminalcivillawyer.com/tag/emotional-damages/)
- [Emotional Distress](https://www.criminalcivillawyer.com/tag/emotional-distress/)
- [settllement](https://www.criminalcivillawyer.com/tag/settllement/)
- [taxes](https://www.criminalcivillawyer.com/tag/taxes/)
- [Traffic ticket](https://www.criminalcivillawyer.com/tag/traffic-ticket/)
- [illegal search](https://www.criminalcivillawyer.com/tag/illegal-search/)
- [unlawful entry](https://www.criminalcivillawyer.com/tag/unlawful-entry/)
- [jack-knife truck accident](https://www.criminalcivillawyer.com/tag/jack-knife-truck-accident/)
- [West Windsor-Plainsboro High School](https://www.criminalcivillawyer.com/tag/west-windsor-plainsboro-high-school/)
- [Underage DUI](https://www.criminalcivillawyer.com/tag/underage-dui/)
- [Warren Township](https://www.criminalcivillawyer.com/tag/warren-township/)
- [Jackknifed tractor-trailer](https://www.criminalcivillawyer.com/tag/jackknifed-tractor-trailer/)
- [snow storm accidents](https://www.criminalcivillawyer.com/tag/snow-storm-accidents/)
- [N.J. State Police](https://www.criminalcivillawyer.com/tag/n-j-state-police/)
- [#SlowYourRoll](https://www.criminalcivillawyer.com/tag/slowyourroll/)
- [Bail Reform](https://www.criminalcivillawyer.com/tag/bail-reform/)
- [Preliminary Law Enforcement Information Report](https://www.criminalcivillawyer.com/tag/preliminary-law-enforcement-information-report/)
- [pretrial detention](https://www.criminalcivillawyer.com/tag/pretrial-detention/)
- [State v. Robinson](https://www.criminalcivillawyer.com/tag/state-v-robinson/)
- [independent medical exam](https://www.criminalcivillawyer.com/tag/independent-medical-exam/)
- [Route 4 accident](https://www.criminalcivillawyer.com/tag/route-4-accident/)
- [pre-existing injury](https://www.criminalcivillawyer.com/tag/pre-existing-injury/)
- [New Jersey's Worker's Compensation Act](https://www.criminalcivillawyer.com/tag/new-jerseys-workers-compensation-act/)
- [traffic fatality](https://www.criminalcivillawyer.com/tag/traffic-fatality/)
- [Rockaway Township](https://www.criminalcivillawyer.com/tag/rockaway-township/)
- [North Brunswick](https://www.criminalcivillawyer.com/tag/north-brunswick/)
- [Prescription Drugs](https://www.criminalcivillawyer.com/tag/prescription-drugs/)
- [Heroin abuse](https://www.criminalcivillawyer.com/tag/heroin-abuse/)
- [psychiatric records](https://www.criminalcivillawyer.com/tag/psychiatric-records/)
- [medical records](https://www.criminalcivillawyer.com/tag/medical-records/)
- [first degree death by auto](https://www.criminalcivillawyer.com/tag/first-degree-death-by-auto/)
- [stay of license suspension](https://www.criminalcivillawyer.com/tag/stay-of-license-suspension/)
- [Philadelphia Flower Show](https://www.criminalcivillawyer.com/tag/philadelphia-flower-show/)
- [ice accident](https://www.criminalcivillawyer.com/tag/ice-accident/)
- [hit and run](https://www.criminalcivillawyer.com/tag/hit-and-run/)
- [Nissan Sentra](https://www.criminalcivillawyer.com/tag/nissan-sentra/)
- [St. Clare's Hospital](https://www.criminalcivillawyer.com/tag/st-clares-hospital/)
- [Dodge Caravan](https://www.criminalcivillawyer.com/tag/dodge-caravan/)
- [DNA swab](https://www.criminalcivillawyer.com/tag/dna-swab/)
- [reasonableness](https://www.criminalcivillawyer.com/tag/reasonableness/)
- [juvenile record](https://www.criminalcivillawyer.com/tag/juvenile-record/)
- [bail reform act](https://www.criminalcivillawyer.com/tag/bail-reform-act/)
- [Megan's Law tiering](https://www.criminalcivillawyer.com/tag/megans-law-tiering/)
- [community supervision for life](https://www.criminalcivillawyer.com/tag/community-supervision-for-life/)
- [CSL](https://www.criminalcivillawyer.com/tag/csl/)
- [Magan’s Law](https://www.criminalcivillawyer.com/tag/magans-law/)
- [Rest Stop Shooting](https://www.criminalcivillawyer.com/tag/rest-stop-shooting/)
- [Cranbury](https://www.criminalcivillawyer.com/tag/cranbury/)
- [sue for damages](https://www.criminalcivillawyer.com/tag/sue-for-damages/)
- [PCR](https://www.criminalcivillawyer.com/tag/pcr/)
- [gasoline tanker](https://www.criminalcivillawyer.com/tag/gasoline-tanker/)
- [gasoline spill](https://www.criminalcivillawyer.com/tag/gasoline-spill/)
- [foreseeability](https://www.criminalcivillawyer.com/tag/foreseeability/)
- [tortfeasor](https://www.criminalcivillawyer.com/tag/tortfeasor/)
- [child endangerment](https://www.criminalcivillawyer.com/tag/child-endangerment/)
- [plain feel doctrine](https://www.criminalcivillawyer.com/tag/plain-feel-doctrine/)
- [Ne wJersey Criminal lawyer](https://www.criminalcivillawyer.com/tag/ne-wjersey-criminal-lawyer/)
- [New Jersey Highway Fatalities](https://www.criminalcivillawyer.com/tag/new-jersey-highway-fatalities/)
- [garbage truck crash](https://www.criminalcivillawyer.com/tag/garbage-truck-crash/)
- [fatal garbage truck crash](https://www.criminalcivillawyer.com/tag/fatal-garbage-truck-crash/)
- [cocaine possession](https://www.criminalcivillawyer.com/tag/cocaine-possession/)
- [running a stop sign](https://www.criminalcivillawyer.com/tag/running-a-stop-sign/)
- [tree root](https://www.criminalcivillawyer.com/tag/tree-root/)
- [sidewalk liability](https://www.criminalcivillawyer.com/tag/sidewalk-liability/)
- [tort](https://www.criminalcivillawyer.com/tag/tort/)
- [Tort Immunity](https://www.criminalcivillawyer.com/tag/tort-immunity/)
- [sidewalk injury](https://www.criminalcivillawyer.com/tag/sidewalk-injury/)
- [predominant use](https://www.criminalcivillawyer.com/tag/predominant-use/)
- [product liability](https://www.criminalcivillawyer.com/tag/product-liability/)
- [School Bus Accidents](https://www.criminalcivillawyer.com/tag/school-bus-accidents/)
- [PSA](https://www.criminalcivillawyer.com/tag/psa/)
- [Criminal Justice Reform Act](https://www.criminalcivillawyer.com/tag/criminal-justice-reform-act/)
- [permanent injuries](https://www.criminalcivillawyer.com/tag/permanent-injuries/)
- [double jeopardy](https://www.criminalcivillawyer.com/tag/double-jeopardy/)
- [same-elements test](https://www.criminalcivillawyer.com/tag/same-elements-test/)
- [controlled dangerous substance](https://www.criminalcivillawyer.com/tag/controlled-dangerous-substance/)
- [police search](https://www.criminalcivillawyer.com/tag/police-search/)
- [criminal witness statements](https://www.criminalcivillawyer.com/tag/criminal-witness-statements/)
- [food poisoning](https://www.criminalcivillawyer.com/tag/food-poisoning/)
- [new jersey bus crash](https://www.criminalcivillawyer.com/tag/new-jersey-bus-crash/)
- [anonymous tips](https://www.criminalcivillawyer.com/tag/anonymous-tips/)
- [vehicle search](https://www.criminalcivillawyer.com/tag/vehicle-search/)
- [Christopher Gibbs](https://www.criminalcivillawyer.com/tag/christopher-gibbs/)
- [New jersey fatal truck crash](https://www.criminalcivillawyer.com/tag/new-jersey-fatal-truck-crash/)
- [David Uhland](https://www.criminalcivillawyer.com/tag/david-uhland/)
- [Brittany Dean](https://www.criminalcivillawyer.com/tag/brittany-dean/)
- [new jersey personal injury](https://www.criminalcivillawyer.com/tag/new-jersey-personal-injury/)
- [right to silence](https://www.criminalcivillawyer.com/tag/right-to-silence/)
- [motor vehicle](https://www.criminalcivillawyer.com/tag/motor-vehicle/)
- [motor vehicle crash](https://www.criminalcivillawyer.com/tag/motor-vehicle-crash/)
- [sidewalk maintenance](https://www.criminalcivillawyer.com/tag/sidewalk-maintenance/)
- [new jersey municipal court](https://www.criminalcivillawyer.com/tag/new-jersey-municipal-court/)
- [gym waivers](https://www.criminalcivillawyer.com/tag/gym-waivers/)
- [legal services groups](https://www.criminalcivillawyer.com/tag/legal-services-groups/)
- [Avvo](https://www.criminalcivillawyer.com/tag/avvo/)
- [New Jersey Rules of Professional Conduct](https://www.criminalcivillawyer.com/tag/new-jersey-rules-of-professional-conduct/)
- [social media](https://www.criminalcivillawyer.com/tag/social-media/)
- [suing employer](https://www.criminalcivillawyer.com/tag/suing-employer/)
- [indictment dismissal](https://www.criminalcivillawyer.com/tag/indictment-dismissal/)
- [specificity of indictments](https://www.criminalcivillawyer.com/tag/specificity-of-indictments/)
- [GPS](https://www.criminalcivillawyer.com/tag/gps/)
- [Cpmany Vehicle Inury](https://www.criminalcivillawyer.com/tag/cpmany-vehicle-inury/)
- [dump truck crash](https://www.criminalcivillawyer.com/tag/dump-truck-crash/)
- [fatal truck crash](https://www.criminalcivillawyer.com/tag/fatal-truck-crash/)
- [Route 513](https://www.criminalcivillawyer.com/tag/route-513/)
- [fatal dump truck crash](https://www.criminalcivillawyer.com/tag/fatal-dump-truck-crash/)
- [Route 93](https://www.criminalcivillawyer.com/tag/route-93/)
- [Route 440](https://www.criminalcivillawyer.com/tag/route-440/)
- [ups truck crash](https://www.criminalcivillawyer.com/tag/ups-truck-crash/)
- [pre-trial detention](https://www.criminalcivillawyer.com/tag/pre-trial-detention/)
- [PTD](https://www.criminalcivillawyer.com/tag/ptd/)
- [criminal lawyer](https://www.criminalcivillawyer.com/tag/criminal-lawyer/)
- [Chemical Spill](https://www.criminalcivillawyer.com/tag/chemical-spill/)
- [Chemical Truck Crash](https://www.criminalcivillawyer.com/tag/chemical-truck-crash/)
- [injured infant](https://www.criminalcivillawyer.com/tag/injured-infant/)
- [going and coming rule](https://www.criminalcivillawyer.com/tag/going-and-coming-rule/)
- [I-278 accident](https://www.criminalcivillawyer.com/tag/i-278-accident/)
- [beach traffic](https://www.criminalcivillawyer.com/tag/beach-traffic/)
- [strip search](https://www.criminalcivillawyer.com/tag/strip-search/)
- [motor vehicle stop](https://www.criminalcivillawyer.com/tag/motor-vehicle-stop/)
- [police dog](https://www.criminalcivillawyer.com/tag/police-dog/)
- [truck driver testing](https://www.criminalcivillawyer.com/tag/truck-driver-testing/)
- [voluntary confession](https://www.criminalcivillawyer.com/tag/voluntary-confession/)
- [canine](https://www.criminalcivillawyer.com/tag/canine/)
- [police canine sniff](https://www.criminalcivillawyer.com/tag/police-canine-sniff/)
- [truck crash settlement](https://www.criminalcivillawyer.com/tag/truck-crash-settlement/)
- [evidentiary proofs](https://www.criminalcivillawyer.com/tag/evidentiary-proofs/)
- [Lay witness](https://www.criminalcivillawyer.com/tag/lay-witness/)
- [admissible evidence](https://www.criminalcivillawyer.com/tag/admissible-evidence/)
- [reopener](https://www.criminalcivillawyer.com/tag/reopener/)
- [increase disability](https://www.criminalcivillawyer.com/tag/increase-disability/)
- [codefendant](https://www.criminalcivillawyer.com/tag/codefendant/)
- [Janet Rains](https://www.criminalcivillawyer.com/tag/janet-rains/)
- [Jane Train](https://www.criminalcivillawyer.com/tag/jane-train/)
- [fatal crash](https://www.criminalcivillawyer.com/tag/fatal-crash/)
- [fatal tractor-trailer accident](https://www.criminalcivillawyer.com/tag/fatal-tractor-trailer-accident/)
- [CSAAS](https://www.criminalcivillawyer.com/tag/csaas/)
- [tanker truck crash](https://www.criminalcivillawyer.com/tag/tanker-truck-crash/)
- [gun charges](https://www.criminalcivillawyer.com/tag/gun-charges/)
- [gun offense](https://www.criminalcivillawyer.com/tag/gun-offense/)
- [New Jersey vs Gill](https://www.criminalcivillawyer.com/tag/new-jersey-vs-gill/)
- [New Jersey Transit Death](https://www.criminalcivillawyer.com/tag/new-jersey-transit-death/)
- [new jersey transit crash lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-transit-crash-lawyer/)
- [Mount Laurel](https://www.criminalcivillawyer.com/tag/mount-laurel/)
- [New Jersey Pretrial Intervention](https://www.criminalcivillawyer.com/tag/new-jersey-pretrial-intervention/)
- [Warrant of Removal](https://www.criminalcivillawyer.com/tag/warrant-of-removal/)
- [landlord tenant law](https://www.criminalcivillawyer.com/tag/landlord-tenant-law/)
- [tenant eviction](https://www.criminalcivillawyer.com/tag/tenant-eviction/)
- [pre-trial release](https://www.criminalcivillawyer.com/tag/pre-trial-release/)
- [bail reform law](https://www.criminalcivillawyer.com/tag/bail-reform-law/)
- [commercial slip and fall](https://www.criminalcivillawyer.com/tag/commercial-slip-and-fall/)
- [Amtrak](https://www.criminalcivillawyer.com/tag/amtrak/)
- [drug related accident](https://www.criminalcivillawyer.com/tag/drug-related-accident/)
- [derailed train](https://www.criminalcivillawyer.com/tag/derailed-train/)
- [opiods](https://www.criminalcivillawyer.com/tag/opiods/)
- [deminimus](https://www.criminalcivillawyer.com/tag/deminimus/)
- [motion to dismiss](https://www.criminalcivillawyer.com/tag/motion-to-dismiss/)
- [marijuana dwi](https://www.criminalcivillawyer.com/tag/marijuana-dwi/)
- [prior dwi convictions](https://www.criminalcivillawyer.com/tag/prior-dwi-convictions/)
- [bus crash lawyer](https://www.criminalcivillawyer.com/tag/bus-crash-lawyer/)
- [fatal bus crash](https://www.criminalcivillawyer.com/tag/fatal-bus-crash/)
- [new jersey municipal court appeal](https://www.criminalcivillawyer.com/tag/new-jersey-municipal-court-appeal/)
- [Hudson County](https://www.criminalcivillawyer.com/tag/hudson-county/)
- [NJ Transit Engineers](https://www.criminalcivillawyer.com/tag/nj-transit-engineers/)
- [body camera](https://www.criminalcivillawyer.com/tag/body-camera/)
- [body camera and dwi](https://www.criminalcivillawyer.com/tag/body-camera-and-dwi/)
- [DWI conviction](https://www.criminalcivillawyer.com/tag/dwi-conviction/)
- [stolen vehicle](https://www.criminalcivillawyer.com/tag/stolen-vehicle/)
- [New Jersey FedEx Truck Crash lawyer](https://www.criminalcivillawyer.com/tag/new-jersey-fedex-truck-crash-lawyer/)
- [personal injury settlement](https://www.criminalcivillawyer.com/tag/personal-injury-settlement/)
- [car accident case](https://www.criminalcivillawyer.com/tag/car-accident-case/)
- [RAMP](https://www.criminalcivillawyer.com/tag/ramp/)
- [Special Employee](https://www.criminalcivillawyer.com/tag/special-employee/)
- [driving while suspended](https://www.criminalcivillawyer.com/tag/driving-while-suspended/)
- [unemployment compensation denial](https://www.criminalcivillawyer.com/tag/unemployment-compensation-denial/)
- [disability pension denial](https://www.criminalcivillawyer.com/tag/disability-pension-denial/)
- [volunteer firefighter](https://www.criminalcivillawyer.com/tag/volunteer-firefighter/)
- [volunteer injury](https://www.criminalcivillawyer.com/tag/volunteer-injury/)
- [Cunningham](https://www.criminalcivillawyer.com/tag/cunningham/)
- [slip and fall lawyer](https://www.criminalcivillawyer.com/tag/slip-and-fall-lawyer/)
- [Marijuana legalization](https://www.criminalcivillawyer.com/tag/marijuana-legalization/)
- [license defense](https://www.criminalcivillawyer.com/tag/license-defense/)
- [teaching license](https://www.criminalcivillawyer.com/tag/teaching-license/)
- [Charitable Immunities Act](https://www.criminalcivillawyer.com/tag/charitable-immunities-act/)
- [Notice of Violation of Probation](https://www.criminalcivillawyer.com/tag/notice-of-violation-of-probation/)
- [New Jersey drug court statute](https://www.criminalcivillawyer.com/tag/new-jersey-drug-court-statute/)
- [suing landlord](https://www.criminalcivillawyer.com/tag/suing-landlord/)
- [athletic injury](https://www.criminalcivillawyer.com/tag/athletic-injury/)
- [gross negligence](https://www.criminalcivillawyer.com/tag/gross-negligence/)
- [New Jersey Motor Vehicle Commission](https://www.criminalcivillawyer.com/tag/new-jersey-motor-vehicle-commission/)
- [Interstate Drivers License Compact](https://www.criminalcivillawyer.com/tag/interstate-drivers-license-compact/)
- [drivers license suspenion](https://www.criminalcivillawyer.com/tag/drivers-license-suspenion/)
- [out of state DWI](https://www.criminalcivillawyer.com/tag/out-of-state-dwi/)
- [leased property](https://www.criminalcivillawyer.com/tag/leased-property/)
- [confidential informants](https://www.criminalcivillawyer.com/tag/confidential-informants/)
- [cellcphone data](https://www.criminalcivillawyer.com/tag/cellcphone-data/)
- [sex crimes](https://www.criminalcivillawyer.com/tag/sex-crimes/)
- [luring](https://www.criminalcivillawyer.com/tag/luring/)
- [inventory search](https://www.criminalcivillawyer.com/tag/inventory-search/)
- [crimestoppers call](https://www.criminalcivillawyer.com/tag/crimestoppers-call/)
- [crimestoppers](https://www.criminalcivillawyer.com/tag/crimestoppers/)
- [Crime-Stoppers tip](https://www.criminalcivillawyer.com/tag/crime-stoppers-tip/)
- [automobile stop](https://www.criminalcivillawyer.com/tag/automobile-stop/)
- [pre-warrant seizure](https://www.criminalcivillawyer.com/tag/pre-warrant-seizure/)
- [TRO](https://www.criminalcivillawyer.com/tag/tro/)
- [temporary restraining order](https://www.criminalcivillawyer.com/tag/temporary-restraining-order/)
- [Prevention of domestic violence](https://www.criminalcivillawyer.com/tag/prevention-of-domestic-violence/)
- [PDVA](https://www.criminalcivillawyer.com/tag/pdva/)
- [Administrate Law Judge](https://www.criminalcivillawyer.com/tag/administrate-law-judge/)
- [Graves act offense](https://www.criminalcivillawyer.com/tag/graves-act-offense/)
- [firearms purchasing ID](https://www.criminalcivillawyer.com/tag/firearms-purchasing-id/)
- [New Jersey Graves act statute](https://www.criminalcivillawyer.com/tag/new-jersey-graves-act-statute/)
- [coerced consent](https://www.criminalcivillawyer.com/tag/coerced-consent/)
- [mandatory drug court](https://www.criminalcivillawyer.com/tag/mandatory-drug-court/)
- [jail phone lines](https://www.criminalcivillawyer.com/tag/jail-phone-lines/)
- [Administrative Law Judge](https://www.criminalcivillawyer.com/tag/administrative-law-judge/)
- [ALJ](https://www.criminalcivillawyer.com/tag/alj/)
- [inmate phone calls](https://www.criminalcivillawyer.com/tag/inmate-phone-calls/)
- [cellphone tracking](https://www.criminalcivillawyer.com/tag/cellphone-tracking/)
- [Stingrays](https://www.criminalcivillawyer.com/tag/stingrays/)
- [cell site simulators](https://www.criminalcivillawyer.com/tag/cell-site-simulators/)