State v. Carroll, New Jersey Appellate Division decision approved for publication November 8, 2018 Can I be charged with harassment or cyber harassment for posting a comment on Facebook with no specific target as a possible victim. Also this is an appeal from a initial determination of detention of the defendant entered by the Superior…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. What is a Speedy Trial right? When are my “Speedy Trial Rights” violated? I already rote a blog addressing the Suppression in this case. The facts are in the other blog. However, this court also analyzed the defendant’s claims that his speed trial rights were violated and…
State v. Welch New Jersey Appellate Division (Unreported Decision November 7, 2018) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police approach a defendant who is alleged to have violated a curfew issued from Hurricane Sandy. The facts are as follows: 1) Officer Calleja testified that in the bright moonlight, aided by the patrol vehicle’s…
Submitted by New Jersey Disability Lawyer, Jeffrey Hark In this case the question boils down to When does work start? At what point in time are you at your employer’s location for his benefit as well as yours and at what point and time is your behavior considered ‘part and parcel to the employment’. Is…
Official misconduct. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey legislature has introduced a change to its official misconduct statute in the spring of 2018. New Jersey Assembly is attempting to update the official misconduct statute requiring public officials who have been convicted of harassment, sexual contact, goodness, or sexual assault, when the…
Submitted by New Jersey Civil Lawyer, Jeffrey Hark And this November 1, 2018 approval for publication decision the landlord moved to evict a person who was allowed to live and a home by the tenant but who was not on the lease. NJSA 2A:18 –61.1 (C) enables a landlord to regain possession of a lease…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Can a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony? The answer is yes however it has to be performed by a judge conducting a separate hearing out the ears of the jury prior to same being…
Pandola v. Melenio Express Inc. (New Jersey Appellate Division Unreported Decision October 29, 2018) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. When is an employee an independent contractor? Can I get Worker’s Compensation if my employer thinks i am independent contractor but really I am in employee? How do I determine if I…
State v. H.H. New Jersey Appellate Division Decision October 24, 2018. A-4208-16T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant was condition of endangering the Welfare of a Minor. The factual evidence in this case came from the victim’s testimony at the time of trial. The defendant objected to the information being introduced a ‘fresh complaint’…
Held v. New Jersey motor vehicle commission. New Jersey Superior Court appellate division decided October 24, 2018. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I have a out-of-state DWI conviction and received a letter from the New Jersey MVC suspending my license as if I have a second or third prior conviction in state.…