Criminal Expert Witnesses, Child Pornography Distribution, and the Doctrine of Merger

April 8, 2017 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. 14-2-2945 State v. Michael D. Miller, N.J. Super. App. Div. (Carroll, J.A.D.) (21pp) New Jersey’s Appellate Division has recently decided a case in which defendant was charged and convicted of fourth-degree child endangerment by possessing child pornography, N.J.S.A. 2C:24-4b(5)(b) (Count One) and second-degree child endangerment for…

Can I Sue the Land Owner if I am Injured by a Third Party?

April 8, 2017 |

Submitted by New Jersey Civil Lawyer, Jeffrey Hark. 31-2-2943 Higgins v. Holiday Inn and Conference Ctr., N.J. Super. App. Div. (per curiam) (11 pp.) New Jersey’s Appellate Division has recently decided a case where individuals (plaintiffs) attending a party at a Holiday Inn were shot while smoking outside by an unknown assailant. The plaintiffs sued…

Serious crash on Garden State Parkway causes massive delays

April 7, 2017 |

Submitted by Motor Vehicle Accident Lawyer, Jeffrey Hark. CRANFORD – A crash on the northbound Garden State Parkway in Cranford has jammed traffic for at least eight miles into Middlesex County, according to state transportation officials. The crash occurred near milepost 138 around 6 a.m. and has the two right lanes and shoulder blocked as of 7:45 a.m.…

My Lawyer Denied My Request to Appeal My Criminal Conviction, Now What?

April 5, 2017 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent case decided by New Jersey’s Appellate Division, a jury convicted the defendant of: the lesser-included offense of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) first-degree felony-murder, N.J.S.A. 2C:11-3(a)(3) first-degree armed robbery, N.J.S.A. 2C:15-1 fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) third-degree hindering apprehension or prosecution,…

Tanker truck overturns, closes AC Expressway EB lanes

April 4, 2017 |

Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark HAMILTON TWP., N.J. (WPVI) — It’s been a long night for drivers heading eastbound on the Atlantic City Expressway. Their trips were rerouted and they had to find their way around a gasoline tanker that flipped over on the eastbound lanes around 1 p.m. Sunday. It…

Can I Sue My Friend if I am Injured as a House Guest?

April 4, 2017 |

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. New Jersey’s Appellate Division recently produced an unpublished opinion regarding a house guest that was injured as a result of tripping and falling on the threshold of the front door.  The plaintiff was a guest at the defendants’ home.  The parties had been friends for eight…

Can I Appeal My PTI Denial?

April 3, 2017 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case which resulted in a rare reversal of a PTI denial.  In State v. Denman, the defendant, a former Scotch Plains police officer, appealed from his conviction for third-degree attempted misapplication of funds, N.J.S.A. 2C:21-15 and 2C:5-1. The defendant…

Troopers shoot, kill man at New Jersey Turnpike rest stop in Cranbury

March 31, 2017 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CRANBURY, New Jersey (WABC) — A man was shot and killed by state troopers at a rest stop on the New Jersey Turnpike Thursday. The shooting happened at about 2:45 p.m. at the Molly Pitcher Service Area in Cranbury. The New Jersey Attorney General’s Office said troopers…

Can My Sentence be Made Harsher After-the-Fact?

March 28, 2017 |

(16-04-1150 ) State v. Hester, App. Div. (Decided March 23, 2017) Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark. 4 cases were recently consolidated for review by New Jersey Appellate Division. In each of the matters, an issue arose of whether it was a violation of the Ex Post Facto Clause of New Jersey’s…

What is the Standard for Appellate Review for a Court’s Decision to Detain Me Before Trial?

March 28, 2017 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The statute explicitly confers upon defendants a right to appeal an order of pretrial detention “pursuant to the Rules of Court” N.J.S.A. 2A:162-18(c) and “shall be heard in an expedited manner.” An appellate court “may find an abuse of discretion when a decision ‘rest[s] on an impermissible…