Appellate Division States, “When the predicate act is an offense that inherently involves the use of physical force and violence, the decision to issue an FRO ‘is most often perfunctory and self- evident!”

April 5, 2019 |

ISSUE:  What constitutes “proving” Domestic Violence and what must the trial court do when the plaintiff ‘proves’ that domestic violence charge in family court? Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Ruling:  When a predicate act of Domestic violence has been proven the issuance of a Final Restraining order will be perfunctory and…

NJ stops training police dogs to sniff out marijuana

April 5, 2019 |

TRENTON — New Jersey has halted training state police dogs to sniff out pot. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Attorney General Gurbir Grewal told lawmakers Wednesday that a pending proposal to legalize recreational marijuana led police to stop training them to detect the odor of burnt cannabis. He says dogs already…

Another Successful PTI Appeal

April 4, 2019 |

State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…

Is it a Workers Compensation Claim or is it an Accidental Disability Benefits Claim entitling a petitioner to State Disability?

April 3, 2019 |

Conti v. NJ Board of Public Employees Retirement Pensions Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION UNPUBLISHED {1″No unpublished opinion shall constitute precedent or be binding upon any court.” R. 1:36-3. Indeed, unreported decisions “serve no precedential value, and cannot reliably be considered part of our…

Why can’t I sue my employer if I am injured at work by a co-employee?

April 2, 2019 |

Johns v. Wengerter. New Jersey Appellate Division decided April 1, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In this unreported decision as a volunteer fireman was injured during a prank on duty when I co-employee placed a small firecracker in the firehouse toilet. He thereafter sued his employer  in Superior Court and…

Pretrial release, violating the terms, and being charged with new criminal contempt under NJSA 2C: 29–9 A

March 30, 2019 |

State v. RH  New Jersey appellate division decided March 29 State v. McCray New Jersey Appellate Division approved for publication March 29, 2019 State v.  Norman New Jersey Appellate Division decided March 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Are you on pretrial release? Have you been charged with a crime, had…

The interplay between NJ Workers Compensation Statute and NJ Law Against Discrimination: If a plaintiff who pursues a workers’ compensation claim under the Act but fails to utilize its enforcement mechanisms can s/he make a claim for failure to accommodate

March 26, 2019 |

Frank Caraballo, Plaintiff-Respondent, v. City of Jersey City Police ——— SUPREME COURT OF NEW JERSEY  Decided March 25, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark This case represents an excellent example of the unintended consequences at the intersections of two of New Jersey’s most important employee rights laws.  Initially you have the workers compensation statute,…

Use of the internet and social media apps for internet dating, Cyber Harassment, stalking and anti-stalking – What you need to know!

March 24, 2019 |

STATE OF NEW JERSEY, v. B.A., Defendant-Appellant.  SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION – Decided March 22, 2019 Submitted by Internet Crime Lawyer, Jeffrey Hark. This is a very important case for several reasons which deals with Internet dating, social media apps, cyber harassment stalking and New Jersey’s anti-stalking statute. As a result I am including an…

Drug Recognition experts and NJ’s legal weed law DWI

March 22, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. At the Senate hearing Monday night, Sen. Bob Smith (D-Middlesex) expressed concern that the cost for such training and employment of extra officers would fall on municipalities. The bill would reimburse local costs to train Drug Recognition Experts (DREs) to work in communities and would also…

Expungement process for Marijuana Convictions and pending charges under the proposed new law

March 22, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The new legislation along with an accompanying bill seeks to remedy that by: Dismissing all pending marijuana charges and convictions for amounts up to five pounds; Returning the right to vote to those who are on parole or probation as the result of a conviction for…