State vs. Witt — Blog #4 Issue Failure to Dim Headlights as Probable Cause

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. THE KEY TO THIS ARGUMENT:   THE DEFENDANT FAILED TO RAISE THIS ISSUE AT THE TRIAL LEVEL VIA A MOTION TO SUPPRESS THEREFORE THE APPELLATE COURT SHOULD NOT HAVE REVIEWED THE ISSUE:NEVERTHELESS, IMPLICIT IN THE ARGUMENT IS A HUGE INEFFECTIVE ASSISTANCE ARGUMENT! THE COURT OUTLINED THE FACTS PERTAINING…

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State vs. Scaltrito: Issue — Ineffective Assistance of Counsel at a Plea Hearing.

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a case addressing a defendant’s claim that a) his attorney did not properly represent him during a criminal proceeding and subsequent plea. Specifically the defendant argued to the court his defense attorney told him he would get into ISP (Intensive Supervised Parole within 14-18 months after…

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Sicklerville child killed in A.C. Expressway crash

Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark. HAMILTON TWP. — A 6-year-old Sicklerville boy was killed Saturday afternoon in a two-vehicle accident on the Atlantic City Expressway, state police said. Jillian Nimmo, 26, of Sicklerville, was traveling westbound in the left lane near mile marker 16.2 when she attempted to move to the center lane, said…

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The Most Important Blog You’ll Read if You Drive In New Jersey

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is the third blog in a series of blogs about the recent N.J. Supreme Court decision in State v. Witt—one of the most controversial cases in recent memory. The last two blogs discussed the facts of the case, and the history of case law in New…

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State v. Witt Part II: The Confusion of Exigency

 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A previous blog presented the facts of State v. Witt and explained that up until now Pena-Flores was the governing case in New Jersey when it came to warrantless vehicle searches. Under that case a police officer must meet three requirements to search a vehicle without a…

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If You’ve Ever Been Pulled Over You Must Read This Blog: Part I

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On September 24 the N.J. Supreme Court issued an opinion in State v. Witt that may be one of the most important in recent memory for people facing criminal charges arising out of traffic stops. With a dissent, the total length of the written opinion is 95…

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Depositions Not Meant to be Jackpot for Expert Witnesses

Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Jusino v. Lapenta, decided May 23, 2014, by the Law Division in Atlantic County, is a case about a previously unanswered question in New Jersey case law–what is a reasonable expert fee? The underlying case concerns a car accident in which a permanent injury of the plaintiff…

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Car-truck crash victims identified as UConn students

Submitted by New Jersey Truck Accident Lawyer, Jeffrey Hark. STORRS, Conn. (AP) – Two people killed when a car collided with a tractor trailer have been identified as University of Connecticut students. UConn spokeswoman Stephanie Reitz said Sunday the victims were sophomores Alana Ferrente and Ryan Meegan. She said both “were held in the highest…

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Family: Boy on life support after Route 80 crash dies

Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark A 13-year-old boy who suffered devastating head injuries in a car accident died on Thursday, his mother said, ending his family’s monthlong quest for more testing and medical opinions about whether he had truly suffered a “brain death.” Michael “Mikey” LaVecchia died at Robert Wood…

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Authorities ID two killed in Route 18 truck crash

Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. COLTS NECK Two men died and a third was hospitalized Wednesday morning after they were thrown from a truck that overturned on Route 18 North. Apolinar Guerrero, 39, of Piscataway, was pronounced dead at the scene at 8:30 a.m., according to Monmouth County Prosecutor’s Office spokesman Charlie Webster. Juan…

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