State v. Phillips

November 22, 2019 |

State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…

State v. Graham

November 22, 2019 |

State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…

CAN THE POLICE COME INTO MY HOTEL ROOM??

November 19, 2019 |

State v. Phillips New Jersey Appellate Division   November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue:   When and how can the police come into my hotel room??    It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…

Increase in defendant’s benefits in NJ workers comp cases for public employees

November 16, 2019 |

New Supplemental Benefits Law For Dependents of Public Safety Workers killed in the lie of their public employment effective January 1, 2020. Submitted by New  Jersey Workers Compensation Lawyer, Jeffrey Hark. The purpose of this law is to increase dependency benefits for those who received awards after December 31, 1979.  The statute calls these benefits…

DWI —Drug Recognition Expert and Convictions How I can Help You

November 14, 2019 |

STATE OF NEW JERSEY,   v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This decision is from November of 2018 and has been appealed to the N.J. Supreme Court.  The reason I am writing about this case again today, November 14, 2019,  is because a Supreme Court decision…

Driving Under the Influence of Marijuana Once it is Legal in New Jersey

November 14, 2019 |

This decision is pending before the N.J. Supreme Court — The following is the standard of review of the Appellate Court STATE OF NEW JERSEY,   v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I am sure I have written about this case previously, however I…

Domestic Violence…. What can I do for you to appeal your Final Restraining Order? This is the standard of review used on appeal.

November 11, 2019 |

J.R.B. v. K.M.B., November 7, 2019 Unpublished opinion Trial Court Appeal Camden County Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. There are several take aways from this decision. 1) when the trial judge makes finding of fact and credibility, those determinations are based upon the trial judge observing the witness testify and hearing the…

Judge’s Power at a Sentencing Hearing

November 11, 2019 |

Judge’s Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge’s power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions  consist with the criminal code,…

State v. Walton decided November 1, 2019 New Jersey Appellate Division (approved for publication)

November 3, 2019 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the sole question is whether the recent New Jersey appellate division and Supreme Court decision of state the Patel decided in August 2019 shall apply to all post conviction relief cases pending before or Municipal Court and trial court tribunals. The New Jersey Supreme…

Summary judgment granted dismissed death case affirmed on appeal

November 3, 2019 |

Deravil on behalf of Amilia Cius v. Hamilton Township, Mercer County, State of New Jersey and Pantaleone Submitted by New Jersey Civil Lawyer, Jeffrey Hark. November 1, 2019 New Jersey Appellate Division (Not for publication without approval by the appellate division) The sole question in this case was whether a specific road was a dangerous…