State v. Earls420 N.J. Super. 583 (App Div. 2011) Posted by: New Jersey Criminal Lawyer, Jeffery HarkRelevant Facts: The defendant was suspected of committing numerous residential burglaries. Officers obtained an arrest warrant for the defendant and couldn’t locate him. Thus, the police contacted T–Mobile, which was defendant’s cell phone carrier. T–Mobile was able to determine…
State v. Rue Not Reported in A.3d, 2013 WL 195520 (App. Div. 2013) Posted by: New Jersey Criminal Lawyer, Jeffery Hark On March 15, 2007, two officers were patrolling in a high crime area in Trenton. The officers saw an Oldsmobile stopped in a driveway and a person was leaning into the passenger window. The…
Surveillance Discovery In Herrick v. Wilson, the New Jersey Superior Court held that defendants are required to produce copies of the surveillance videos in its possession to the plaintiffs before the plaintiffs are deposed. The plaintiffs in Herrick were involved in a car accident when they were struck by a vehicle driven by a valet…
LICENSE SUSPENSION 05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was…
Submitted by: Professional License Defense Attorney, Jeffrey Hark. Under New Jersey law, the existence of a settlement does not preclude a defendant from seeking malpractice damages against negligent attorneys involved in or prior to the negations of that settlement. Ziegelheim v. Apollo, 128 N.J. 250, 265 (1992). Indeed, plaintiff need not make efforts to repudiate…
Submitted by: Vehicle Accident Attorney, Jeffrey Hark. In its recent decision in State v. McDonald, A-118-10, N.J. (July 23, 2012), the New Jersey Supreme Court clearly annunciated the standards for determining whether a motor vehicle accident occurred within 1000 feet of a school for the purposes of N.J.S.A. 2C:12-1(c)(3)(a) (the DWI assault by auto statute).…
Submitted by: New Jersey Domestic Violence Lawyer, Jeffrey Hark. State v. Duprey, ___ N.J. Supser. ___, Docket No. A-5469-10T4 (App. Div. August 1, 2012) In a recent decision, the Appellate Division has ruled that testimony given during a domestic violence hearing may be now be used to impeach the credibility of the domestic violence complainant…
Posted by: New Jersey Criminal Lawyer, Jeffery Hark ___________________ Vasiliki Rallatos, Petitioner v. DECISION The ARC of Atlantic County, Respondent, _________________________ BEFORE: HONORABLE CARMINE J. TAGLIALATELLA JUDGE OF COMPENSATION APPEARANCES:Lawrence A. Mintz, EsquireGoldenber, Mackler, Sayegh, Mintz, et. al.1030 Atlantic AvenueAtlantic City, NJ 08401Attorney for the Petitioner Dorothy T. Daly, EsquireChristie, Parabue, Mortenson & Young, P.C.Sentry…
Posted by: New Jersey Criminal Lawyer, Jeffery Hark On July 18, 2012, a new law was approved which dramatically alters the interaction between illegal cell phone use and vehicular homicide prosecutions. Assembly Bill 1074 passed both the New Jersey Assembly and Senate on June 21 and 28 respectfully. This new law creates an inference that…