Resolving Emancipation, Child Support Refund, and Money Owed to Other Party After Parties Engaged in Extensive Litigation in Years Prior

September 1, 2020 |

Daniels v. Daniels Docket No. A-5001-17T3 Decided August 28, 2020 Submitted by New Jersey Family Law Practice, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling regarding emancipation, child support refund, and money owed to other party after parties engaged in extensive litigation in years prior following the…

Can Phone Calls Made on A Recorded Line From Prison Could Be Used As Evidence To Convict A Defendant?

September 1, 2020 |

State v. Townsend Appellate Docket No.: A-5387-17T4 Decided August 28, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether of phone calls made on a recorded line from prison could be used as evidence to convict a defendant. In State v. Townsend, after a jury found…

This is the Real Reward for Serving our Clients

August 29, 2020 |

Can an Inmate Could Cut His Sentence Short and Be Released Because of COVID-19 and a Worsening Health Condition?

August 27, 2020 |

State v. Lopez Appellate Docket No.: A-3786-19T4 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether an inmate could cut his sentence short and be released because of COVID-19 and a worsening health condition. In State v. Lopez, Defendant sought to amend his…

Does an Assault and Battery Exception Apply to Negligence in Allowing Assault and Battery to Occur?

August 26, 2020 |

Estate of Pickett v. Moore’s Lounge Docket No.: A-2230-17T2 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a tavern’s assault and battery exception applied to the tavern’s alleged negligence in allowing assault and battery to occur. In Pickett, Plaintiff, Pickett and…

Be Aware: Liability for Commercial Landowners and Duty to Maintain Adjacent Sidewalks

August 25, 2020 |

Nydia Bonefont v. Lam Properties, LLC Docket No.: A-4761-18T2 Decided August 24, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffery Hark. In a recent unpublished decision, the Appellate Division considered whether a commercial landowner had a duty to maintain sidewalk abutting and adjacent to its own sidewalk that cause plaintiff to fall and suffer…

Expungements of Criminal Records Are Now Even Easier to Obtain In New Jersey

August 20, 2020 |

August 19, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. As of June 15, 2020, New Jersey has updated its expungement law, under the “Clean Slate” provisions.  The Clean Slate law provides: Drug-related offenses resulting in a conviction are considered Disorderly Persons offenses for purposes of expungements. Having more than one drug offense is…

Can a Juvenile Be Tried as an Adult for Various Sex Crimes Against a Minor?

August 19, 2020 |

State of New Jersey in the Interest of Z.S. Appellate Docket No.: A-3516-19T1 Decided August 18, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a waiver of a juvenile to be tried as an adult for various sex crimes against a minor. In Z.S.,…

Is It Appropriate for the Trial Judge to Sentence Probation on a Second Degree Grave’s Act Charge?

August 18, 2020 |

State v. Smith Appellate Docket No.: A-2840-18T1 Decided August 17, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether it was appropriate for the trial judge to sentence probation on a Second Degree Grave’s Act charge. In State v. Smith, defendant was stopped by police…

Can Insufficient Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively?

August 17, 2020 |

State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was…