AVVO Lawyer Referral Program

Submitted by New Jersey Attorney, Jeffrey Hark. AVVO lawyer referral program found to violate New Jersey Rules of Professional Conduct because AVVO is not a registered Legal Services Group. AVVO advertising is legal and acceptable however AVVO cannot hold ‘marketing’ part of legal fee once the attorney has been hired! […] Read more »

What is the Significance of a Megan’s Law Tier Classification for the Purposes of Pretrial Detention?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The State is obligated to demonstrate the propriety of defendant’s tier classification by clear and convincing evidence. In re Registrant M.F., 169 N.J. 45, 54 (2001). For a Megan’s Law Tier analysis, the precise nature of his original offenses would have been […] Read more »

Can a Police Officer Follow Me Into My Home

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Supreme Court regarding a warrantless search of a defendant’s home. In the case, an officer responded to a noise complaint; essentially a municipal ordinance charge! The defendant was standing on the porch of his […] Read more »

Personal Injury at Little League Game | Torts

Submitted by personal injury attorney, Jeffrey Hark 36-2-5117 Brigante v. Tenafly Board of Education, App. Div. (per curiam) (10 pp.) In this Title 59 matter, plaintiff Linda Brigante appeals from the entry of summary judgment dismissing her complaint against defendant Tenafly Board of Education. Plaintiff went to Tenafly High School to watch her son’s […] Read more »

Just A Chat With The Police | Investigatory Stops

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Sometimes It Just Makes Sense to Talk to the Police State v. Merrit was decided in the Superior Court of New Jersey Appellate Division on September 10th. The defendant was charged with third-degree conspiracy to possess crack cocaine. His motion to suppress […] Read more »

Charitable Immunity Case Outline

Three prong test to determine if Charitable Immunity Act is applicable: 1) the entity is a non-profit; 2) was organized exclusively for religious, charitable or educational purposes; and 3) was promoting such objectives and purposes at the time of the injury.    Prong three is further broken down to determine […] Read more »

State v. DeSantis – Issue Statute of Limitations for Distribution of Illegal Illegal Porn Videos In NJ For a Sex Crimes Prosecution

The New Jersey Appellate Division has reiterated  that the statute of limitations for the prosecutions of distributions of illegal pornography commences on the date the defendant actually distributed same, not the date of the age of the minors or the date the photos were taken.  The child pornography statute specifically […] Read more »