Archive for July 2014
In Millville fatal police car crash, critical court decision pending
Submitted by Criminal Defense Attorney, Jeffrey Hark Original published on NJ.com BRIDGETON — A critical decision rests in the court’s hands in the case involving Timothy Seidel, the Commercial Township man charged in connection with the death of Patrolman Christopher Reeves in 2012. Last week, the state filed a motion aiming to preclude the defense from arguing that…
Read MorePolice Shoot-Outs, Consecutive Sentences, and In-Court Identification
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On June 25, 2014 this blog discussed the Yarbough criteria for sentencing as set forth in State v. Yarbough, 100 N.J. 627 (1985). In short these included: No free crimes (defendant must be sentenced for each crime they are found guilty of committing). Reason for consecutive v.…
Read MoreCommon Sense Indicators of Drunkenness are enough in DWI Cases
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…
Read MoreNew Jersey Takes Fake IDs Paperless
Constitutionality of law prohibiting possession of false government documents including digital images is affirmed Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog discusses State v. Borjas, decided by the Superior Court of New Jersey, Appellate Division, on July 8, 2014. Borjas, the defendant-appellant had his home computers confiscated under a search warrant based…
Read MoreHad it not been for my lawyer I would be free…or not!
What constitutes ineffective assistance of counsel? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog considers State v. Palacios, decided July 3, 2014 by the Superior Court of New Jersey, Appellate Division and addresses the question of how other evidence is used to fill in the blanks when a defendant claims memory loss of…
Read MoreCredible Misstatements v. Lies in Workers’ Compensation Cases
In the recent case of Neglia v. Craft Carpentry and Drywall the Appellate Division court was asked to reconsider a case in two situations (a) was the trial court’s decision based on an incorrect or irrational basis, and (b) the court failed to consider some very relevant or probative evidence. The case involves a petitioner…
Read MoreAggrevated Assault Negotiated Plea Guidelines Modified
On May 29, 2014, the New Jersey Legislature enacted Jessica Lunsford Law. This Law requires any person charged with aggravated sexual assault involving a child under the age of 13 and any type of “penetration” to serve a mandatory minimum and a parole ineligibility of 25 years if they go to Trial and are convicted.…
Read More