My house was searched without a warrant and without any emergency circumstances!! How can the police do this?

March 16, 2019 |

STATE OF NEW JERSEY, IN THE INTEREST OF E.J., NEW JERSEY APPELLATE DIVISION  Decided March 15, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Summary: This case arises out of Defendant EJ’s Motion to Suppress evidence found by the police when they were given consent to enter a home by  third person. The defendant in this…

Murphy, Sweeney, Coughlin reach deal on marijuana legalization

March 14, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Gov. Phil Murphy and legislative leaders have reached a broad agreement on a bill to legalize recreational marijuana in New Jersey, according to four sources familiar with the negotiations. “The consensus on the broad strokes is relatively fresh, so the details are still being worked out,”…

The police never told me what I was being charged with before or after I gave a statement, is this allowed?

March 13, 2019 |

I did not know what I was being charged with when the police read me my Miranda rights. The police never told me what I was being charged with before or after I gave a statement, is this allowed? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. One of the bedrock constitutional rights we have…

Obstruction of Justice conduct, Community – Caretaking job of the police and their intersection on a domestic violence call be the police

March 13, 2019 |

State v. Andrew J. Fede Decided March 12, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this appeal, the New Jersey Supreme Court reversed the appellate division decision and addresses head on whether defendant Andrew J. Fede violated the criminal obstruction of the administration of justice statute, N.J.S.A. 2C:29-1(a), when he refused to…

Slip and Fall Cases – Dismissed Again

March 10, 2019 |

Plaintiff injured party Could not sustain his burden of proof Submitted by Personal Injury Lawyer, Jeffrey Hark WILLY FRANKEL and JILLIAN FRANKEL,  v. EDGEWATER MULTIPLEX CINEMAS, NATIONAL AMUSEMENTS, INC., Decided March 7, 2019 In this case, yet another plaintiff’s slip and fall personal injury action, was dismissed at the Summary Judgment Motion filed by defendant and affirmed…

Timbs v. Indiana – Eighth Amendment’s Ban on Excessive Fines

March 9, 2019 |

Timbs v. Indiana Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The Supreme Court in February 20,2019  ruled that the Eighth Amendment’s ban on excessive fines applies to the states’ efforts to seize forfeited Vehicles seized by local police from defendants allegedly charged with drug offenses.The decision is a victory for an Indiana man whose…

Allegations that a Private Attorney Engaged in Unethical Conduct and Improperly Influenced the Prosecution of Two Individuals by the Cumberland County Prosecutor’s Office (CCPO)

March 8, 2019 |

SYLLABUS This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of an opinion may not have been summarized. In the Matter…

Expert Required: “whether any legal or proximate cause issue to be dealt with in a law suit is so esoteric that jurors of common judgment and experience cannot form a valid judgment as to whether the conduct of the [defendant] was reasonable.”

March 7, 2019 |

LUZ PEREZ,  v. BERBICE PROPERTIES, LLC, Defendant-Respondent, and BERBICE PROPERTIES, LLC, v.  CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This case addresses an issue that will be coming up a great deal more as our world becomes more and more complicated!…

What is do I have to do when I appeal a Municipal Court and Law Division rulings against me?

March 7, 2019 |

STATE OF NEW JERSEY, Plaintiff-Respondent, v. THOMAS HEROLD,  New jersey Appellate Division  Decided February 27, 2019  (UnPublished Decision) Submitted by New Jersey Civil Lawyer, Jeffrey Hark This is a dog owner’s appeal of a municipal court decision declaring the family dog “Vicious” under New Jersey’s Vicious or Potentially Dangerous Dog Act (Act), N.J.S.A. 4:19-17 to -37. The facts are…

SLIP AND FALL IN A MULTIPLE DWELLING UNIT DURING A SNOW AND ICE STORM

March 7, 2019 |

CURTIS MCCANTS and CLARINE MCCANTS,  v. MACK KENNEDY, ANNETTE KENNEDY, and CLEVON MCCANTS,   Decided February 28, 2019 APPELLATE REVIEW OF THE TRIAL JUDGE’S DECISION TO GRANT SUMMARY JUDGEMENT Submitted by Personal Injury Lawyer, Jeffrey Hark. In reviewing the grant or denial of summary judgment, we apply the same standard which governs the trial court under Rule 4:46-2(c). Perrelli…