Why College Contribution and Agreement Language Must be Clearly Specified in a Property Settlement Agreement (PSA)

October 14, 2020 |

Dalena v. Dalena Docket No. A-0412-18T3 Decided October 13, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order for college contribution from the children’s father, Daniel, despite a strict interpretation of the parties Property Settlement Agreement (PSA) providing otherwise. In…

GRAND JURIES TO RESUME, EXCLUDABLE TIME, AND DISCOVERY MODIFICATIONS FOR CRIMINAL DEFENDANTS IN LIGHT OF COVID-19

October 10, 2020 |

October 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has issued its Ninth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic.  The updated provisions are as follows: Reinforcing that grand juries will be selected virtually, and confirming that before December 1, 2020 all…

Award of Sole Custody, Equitable Distribution, Debt Allocation, Child Support, and Counsel Fee Award From a Default Hearing

October 10, 2020 |

K.M.L. v. R.J.L. Docket No. A-4423-18T3 Decided October 8, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s award of sole custody, equitable distribution, debt allocation, child support, and counsel fee award from a default hearing against the defendant. In K.M.L., plaintiff…

Expanding Grand Juries; Excludable Time; Relaxing Pre-Indictment Discovery; Provisional New Pre-Indictment Hearing

October 9, 2020 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.

The Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest

October 8, 2020 |

State v. Macrae Appellate Docket No.: A-1303-18T2 Decided October 6, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…

PTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended

October 7, 2020 |

State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a…

How Out of Court and In-Court Identification of Defendant Can Require a New Trial

October 6, 2020 |

State v. Balloutine Appellate Docket No.: A-4894-17T4 Decided October 5, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…

Personal Injury Case Regarding Overpass Low Clearance and Signage Immunity

October 2, 2020 |

Koehler v. Smith Docket No.: A-2414-18T4 Decided October 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether a private contractor was subject to traffic sign immunity when a bucket truck boom struck a low underpass that lacked low clearance signage causing injury to…

Challenging the Trial Judge Erred by Denying His Motion to Dismiss Count One of the Indictment

September 30, 2020 |

State v. Decker Appellate Docket No.: A-3928-17T1 Decided September 29, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of defendant’s pretrial motion to dismiss a count of him being a leader of a gun trafficking unit. In State v. Decker,…

Matrimonial Settlement Agreements Must Be Clear, In Writing, and Preferably Filed with the Court

September 29, 2020 |

Figueroa v. Figueroa Docket No. A-0043-19T2 Decided September 28, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify the parties’ Matrimonial Settlement Agreement (MSA) because defendant did not read it before signing and failed to demonstrate…