Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?

January 8, 2019 |

State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence,  and social media friendship, text evidence and photos from texts used as evidence.  Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…

Plain view of a gun found in a car — What is “plain view”?

January 8, 2019 |

STATE OF NEW JERSEY v. LEE M. TRAVERS,  Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed:  Plain view of a gun found in a car—— What is “plain view”? FACTS:   The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…

Governor Murphy Toughens New Jersey’s Gun Laws by Signing Safety Measures to Protect Children and Families

January 2, 2019 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark   TRENTON – Governor Phil Murphy today signed a package of common-sense gun safety bills that make New Jersey among the states with the strongest and most formidable gun laws in the nation. More than 2,000 shootings occur annually in New Jersey, with around 500 firearm-related deaths…

What is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??

December 31, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…

Does a New Jersey property owner have a duty to protect a person who was the victim of a drive by shooting who had no intention of entering the defendants’ property and entered the property after he was shot! The short answer is NO!

December 31, 2018 |

NAJEE PASCHALL,  v. NORFOLK SQUARE APARTMENTS and WINGATE MANAGEMENT COMPANY, LLC, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2621-17T2 —— Argued December 5, 2018 – Decided December 28, 2018 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Issue:  Does a property owner have a duty to protect a person who was the victim of a drive by shooting…

Claims being made against any public entity in New Jersey

December 29, 2018 |

THE COURT MUST REVIEW THE TORT CLAIMS ACT MANDATORY LANGUAGE REGARDING INJURIES AND THE CASE LAW INTERPRETING THE STATUTE. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. “[I]n order to vault the pain and suffering threshold under the [TCA], a plaintiff must satisfy a two-pronged standard by proving (1) an objective permanent injury, and…

CAN I SUE NEW JERSEY TRANSIT?

December 29, 2018 |

WHAT TYPE OF INJURY MUST I HAVE TO GET TO A JURY? HOW TO GET PAST A MOTION FOR SUMMARY JUDGEMENT! WHY DID THE JUDGE DISMISS MY CASE AND NOT LET ME GET TO A JURY?  I WAS STRUCK BY A NEW JERSEY TRANSIT BUS! TYRONE BEATTY, v. MICHAEL BRESCHARD and NEW JERSEY TRANSIT CORPORATION, SUPERIOR COURT…

Should I go to trial? How will my case appear to a jury ? O’Connell v. Khiani , N.J. Super. App. Div.

December 24, 2018 |

O’Connell v. Khiani , N.J. Super. App. Div.   Appeal for trial decision in Middlesex County, New Jersey. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a case of believability and credibility.  Based on the specific facts outlined below, and the steps taken by the defense attorney, the jury was asked, essentially, “Do…

CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT?

December 23, 2018 |

US V. MCCANTS 3RD CIRCUIT FEDERAL COURT DECISION — CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT? 2016 WL 4705452 United States District Court,D. New Jersey.  US v. Ibrahim McCants, Defendant.  Salas, District Judge. Pending before the Court are Defendant Ibrahim McCants’s motion to suppress. For…

Am I entitled to a trial? Do i have to plead guilty in Municipal Court? I do not want to plea bargain; can I go to trial?

December 23, 2018 |

State v. Colvell   New Jersey Appellate Division Decision December 21, 2018   MERCER COUNTY, TRENTON, LAWRENCE, PRINCETON, HIGHTSTOWN, PEMBERTON, FLORENCE Submitted by New Jersey Motor Vehicle Lawyer, Jeffrey Hark. This is a great case for every person to review!  Plea bargaining, paying fines and getting out of municipal court!  95% of all persons involved…