Archive for June 2015
Parking Lots May Be Structures In Burglary Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Olivero, decided June 29th, resulted in a unanimous opinion from the New Jersey Supreme Court deciding the question: Does a parking lot constitute a structure as would make someone criminally liable for burglary under N.J.S.A. 2C:18-2a? N.J.S.A. 2C:18‑2a insofar as it is applicable to this…
Read MoreRoad Warrior: Cresskill fatality underscores risks truckers will take
Submitted by New Jersey Truck Accident Attorney, Jeffrey Hark. If you drive down Grant Avenue in Cresskill, you can’t help but notice more than three-dozen floral bouquets spread evenly on the ground at the corner of Jefferson Avenue where a 13-year-old boy on his way to school was killed 11 days ago in a most…
Read MoreDon’t Wait on Miranda to Protect You
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…
Read MoreDo Not Disturb: SCOTUS Holds Warrantless Searches of Hotel Guest Records Unconstitutional
Submitted by New Jersey Criminal Attorney, Jeffrey Hark On June 22, 2015 the U.S. Supreme Court decided City of Los Angeles, California v. Patel et al., a case that pitted Fourth Amendment rights against a city’s interest in reducing crime. The controversy arose out of L.A. Municipal Code Section 41.49(3)(a) which requires hotel operators to…
Read MorePolice: Truck got caught in gates before Long Branch train crash
Submitted by Truck Crash Attorney, Jeffrey Hark. LONG BRANCH – The New Jersey Coast Line faced several delays Wednesday morning after a tractor trailer got stuck between the railroad gates and was struck by a train, police said. The truck, driven by Nelson Menendez of Springfield, Massachusetts, was on its way to drop off grocery…
Read MoreKnowing, Intelligent and Voluntary
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Previously a blog concerning urbina case discussed what constitutes the crime of aggravated manslaughter and the defense of self-defense. Today’s blog will explain waiver of a defense of self-defense, and briefly discuss the process of appeal after a plea agreement. As discussed in the last blog, the basic…
Read MoreCrime and Defense: Clarifying the True Meanings of Aggravated Manslaughter and Self-Defense
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Urbina, decided June 16 by the New Jersey Supreme Court is a case that brings up a lot of issues that may be of importance to our readers and will be written about over the course of two blogs. Today’s blog concerns a crime and…
Read MoreTruck driver ticketed in fatal New Jersey crash
Submitted by New Jersey Truck Accident Lawyer, Jeffrey Hark RUTHERFORD, N.J. (AP) — Police have issued four tickets to a truck driver who hit an overpass in northern New Jersey, dropping the trailer on a car and killing a motorist. Fifty-year-old Ali Mutakabbir of Clifton was headed west of Route 3 when the container hit…
Read MoreLiability Dominoes: Summary Judgment Remains a High Standard to Meet
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In Vivas v. Tango, decided by the Appellate division on June 18th, the defendant thought he had a simple case for summary judgment. The plaintiff was in front of his vehicle at a red light, when he himself was rear ended by a third vehicle. He moved…
Read MoreTwo Injured In Car-Dump Truck Crash In Manchester
The crash caused the dump truck, belonging to Bil-Jim Construction, to overturn. Submitted by New Jersey Dump Truck Crash Lawyer, Jeffrey Hark. A Jackson Township man and a Little Egg Harbor Township woman both were injured in a car-dump truck collision on Route 539 Thursday morning that caused the dump truck to overturn, police said.…
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