NJ Supreme Court Decision State v. Santamaria Procedural Issue: Standard of review for a trial error when the defense fails to make an objection at the time of trial but raises the issue on appeal

January 26, 2019 |

State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we consider…

Restitution hearings: A defendant’s requirements to pay restitution and his/her ability to pay.

January 26, 2019 |

STATE OF NEW JERSEY, Plaintiff-Respondent, v. GREGORY T. ISAZA,  Defendant  Decided January 25, 2019 SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue:  The court increase the defendant probation after the defendant was already sentenced and required defendant make restitution without a hearing to determine of the defendant has the ability to pay or to determine…

Do NOT consent to give any DNA EVER!!!

January 24, 2019 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Coming Soon to a Police Station Near You: The DNA ‘Magic Box’ With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse.   BENSALEM, Pa. — They call it the “magic box.” Its trick is…

DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Appellate court rejects trial judge’s use of HGN DWI test used in State’s Case Abuse and Neglect to prove intoxicated parent to remove children from home.

January 23, 2019 |

DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark This appellate panel rejects the HGN, the horizontal gaze nystagmus DWI test, offered by the state to prove a parent was under the influence in an Abuse and Neglect case. The court rejected the HGN offered…

Why was my case dismissed?? I’m really injured but the court did not believe my doctor!

January 21, 2019 |

The Dr’s Testimony was barred, and properly so, because his opinion concerning permanency was not based on objective clinical evidence as required under N.J.S.A. 39:6A HECTOR REYES, Plaintiff-Appellant, v.  JOHN STANLEY,  NJ Appellate Division January 19, 2019 Atlantic County Appeal  Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: Plaintiff filed a complaint alleging he suffered personal…

NJ Supreme Court dismisses all parking violations; motor vehicle offenses such as going through a stop sign, improper passing, general motor vehicle equipment violations, certain speeding offenses, and running a red light, local ordinance violations

January 19, 2019 |

See the full document: NJ Supreme Court dismisses all parking violations

Are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver is “unwilling driver to cooperate”

January 19, 2019 |

14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials  are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver…

Standard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.

January 19, 2019 |

14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…

Appellate review in New Jersey for Summary Judgement— Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019

January 19, 2019 |

Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts:   South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey.  The company in in the business of  paving roads, and asphalt and sand production. It is registered with…

Was Seashore the alter ego of South State?

January 19, 2019 |

Anthony v. One Sun Farms, LLC, N.J. Super. App. Div. January 2019 Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark Facts:   South State is in the business of highway construction with its principle place of business in Cumberland County, New Jersey.  The company in in the business of  paving roads, and asphalt and sand production. It is registered with…