Are Your Indictments Specific Enough to be Distinguished?

June 22, 2017 |

14-2-3514 State v. D.C., N.J. Super. App. Div. (per curiam) (14 pp.) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Indictments and subsequent verdict sheets have to be specific enough to differentiate the defendant’s conduct as to each separate count.  If the jury cannot differentiate the defendant’s conduct as to the separate counts because…

Why Did My Expert’s Opinion Cause My Case to Be Dismissed?

June 22, 2017 |

31-2-3476 DiGiovanni v. Saker Shop Rites, Inc., N.J. Super. App. Div. (per curiam) (21 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Experts are used quite often in both civil and criminal cases.  When scientific, technical, or other specialized knowledge falls outside the common knowledge of an average juror or even judge, an…

Why Can’t I Sue My Employer If I am Injured at Work?

June 22, 2017 |

31-2-3477 Innarella v. Wedgewood Condominium Association, Inc. , N.J. Super. App. Div. (per curiam) (11 pp.) Submitted by New Jersey Workers Comp Lawyer, Jeffrey Hark. Most workplace accidents are covered by Worker’s Compensation.  This statutory scheme forbids injured employees from suing their employers and in return, they are guaranteed certain payment without having to bring…

Did Your Megan’s Law Officer Prevent You From Accessing Social Media?

June 22, 2017 |

15-1194 Packingham v. North Carolina, U.S. (June 19, 2017) (24pp.) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The Supreme Court has just struck down a North Carolina law preventing sex offenders from accessing social media sites.  The North Carolina law made it a felony for a registered sex offender to “access a commercial…

AVVO Lawyer Referral Program

June 22, 2017 |

Submitted by New Jersey Attorney, Jeffrey Hark. AVVO lawyer referral program found to violate New Jersey Rules of Professional Conduct because AVVO is not a registered Legal Services Group. AVVO advertising is legal and acceptable however AVVO cannot hold ‘marketing’ part of legal fee once the attorney has been hired! Read my attorney reviews and…

At Trial, Prosecution Cannot Question a Defendant’s Right to Silence

June 20, 2017 |

14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) Published by New Jersey Criminal Lawyer, Jeffrey Hark. A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…

Do Gym Waivers Actually Mean Anything?

June 20, 2017 |

31-2-3451 Torres v. Krank, LLC, N.J. Super. App. Div. (per curiam) (9 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. At some point, everyone has signed some kind of waiver and release form.  Often times these forms are used at gyms, recreational associations, etc. These waivers can be enforced if the right language…

New Expungement Rules Became Effective June 1, 2016

June 16, 2017 |

Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The New Jersey legislature has authorized a modified and accelerated expungement procedure for all municipal court charges that have been dismissed by way of trial and or court order. If you are charged with a municipal ordinance, disorderly persons offense, petty disorderly persons offense, your case…

Residential Owners Owe No Duty to Clean Sidewalk of Snow and Ice

June 15, 2017 |

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. 31-2-3452 Valentine v. Almanzar, N.J. Super. App. Div. (per curiam) (9 pp.) In New Jersey, residential owners do not have a legal duty to clear snow or ice from a public sidewalk, and the failure to do so does not expose them to tort liability.  However,…

State trooper injured in multi-vehicle crash on Route 80 in Mount Arlington

June 14, 2017 |

Submitted by New Jersey Motor Vehicle Crash Lawyer, Jeffrey Hark. MOUNT ARLINGTON — A State Police trooper was taken to the hospital following a five-vehicle crash on Sunday evening, authorities said. State Police spokesman Capt. Brian Polite said two State Police vehicles crashed while responding to a motor vehicle accident on Route 80 at about 7:30…