Posted by: New Jersey Criminal Lawyer, Jeffery HarkOn 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 individuals…
Submitted by New Jersey Criminal Attorney, Jeffrey Hark. State v. Slater withdrawal of guilty pleas brief I. A defendant’s motion to withdraw a guilty plea should be granted when the balance of the four factors expressed in State v. Slater establish that allowing the plea to stand would manifest injustice. A motion to withdraw a…
Submitted by New Jersey Professional License Defense lawyer, Jeffrey Hark Under Federal law, health care practitioners (including doctors, dentists, etc.) are required to provide certain government entities with information regarding any malpractice judgments or settlements. Under the Health Care Quality Improvement Act, practitioners and other entities (such as health care providers and insurance companies) are…
Submitted by New Jersey Professional License Defense lawyer, Jeffrey Hark As with federal law, the law of New Jersey requires practitioners and other health care entities to make certain disclosures to government agencies regarding medical malpractice settlements. Under the substantive state law of New Jersey, there are several provisions which impact the reporting of settlements…
Published by New Jersey DWI Lawyer, Jeffrey Hark. On June 26, 2012, the Appellate Division delivered an opinion in State v. Palma which redefined the standards which municipal and law division judges must use in determining whether or not to deliver a custodial sentence for careless driving violations. In Palma, the defendant had been driving…
New DWI Bill¬ Published by New Jersey DWI Lawyer, ,Jeffrey Hark. On June 7, 2012, Assemblymen Albano, Milam, Amodeo, Mainor, Burzichelli, and Casagrande introduced into the New Jersey State Assembly a new bill which, if passed, would criminalize repeated DWI offenses within a certain time period. Should the new law pass, any person convicted of…
Blog Post: State v. Alnesha Minitee/State v. Darnell Bland (A-70/71-10)Decided June 14, 2012 __ N.J. __ (June 14, 2012) Posted by: New Jersey Criminal Lawyer, Jeffery Hark On June 14, 2012, the New Jersey Supreme Court delivered an opinion in State v. Minitee/State v. Brand, in which the Court redefined the standard for exigent circumstances…
As with federal law, the law of New Jersey requires practitioners and other health care entities to make certain disclosures to government agencies regarding medical malpractice settlements. Under the substantive state law of New Jersey, there are several provisions which impact the reporting of settlements to the State Board of Medical Examiners or other state…
Wrongful Death and Recoverable Damages In Green v. Bittner, the New Jersey Supreme Court expanded the scope of recoverable damages arising out of a parent’s wrongful death suit in the death of their child. The Court, reflecting upon a case wherein the jury had effectively decided that the value of a young woman’s life to…
On April 17, 2012, the Appellate Division ruled that an expert opinion related to the possession of cocaine by the defendant with intent to distribute cocaine was improper because it was expressed in a manner directly commenting on the defendant’s guilt. Generally, the opinion of an expert in a drug distribution case should be expressed…