New Jersey Civil and Criminal Articles

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 reads that the time to…

FEDERAL COURT CRIMINAL LAW — CORRECTIONS Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)   Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark The 3RD CIRCUIT HAS affirmed the trial court’s dismissal of a  CRIMINAL DEFENDANT’S TRANSFER TO THE Adult Diagnostic and Treatment Center.  Plaintiff,a state prison inmate, appeals the…

Submitted by Jeffrey Hark of the Hark and Hark Law Offices BRIDGETON — Timothy Seidel, the Commercial Township man charged in connection with the death of Patrolman Christopher Reeves, was denied a reduction in his bail Friday at the Cumberland County Courthouse. Seidel, 24, of Laurel Lake was indicted on May 8, by a Cumberland County…

Published by New Jersey DWI Attorney, Jeffrey Hark. https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/   14-2-9400 State v. Choi, App. Div. (per curiam) (13 pp.) Defendant, who was arrested for a variety of traffic offenses and pled guilty to driving while intoxicated, appeals the denial of his motion to suppress the evidence of his refusal to submit to a breath…

Submitted by: Professional License Defense Attorney, Jeffrey Hark. Under New Jersey law, the existence of a settlement does not preclude a defendant from seeking malpractice damages against negligent attorneys involved in or prior to the negations of that settlement. Ziegelheim v. Apollo, 128 N.J. 250, 265 (1992). Indeed, plaintiff need not make efforts to repudiate…

Submitted by: Vehicle Accident Attorney, Jeffrey Hark. In its recent decision in State v. McDonald, A-118-10, N.J. (July 23, 2012), the New Jersey Supreme Court clearly annunciated the standards for determining whether a motor vehicle accident occurred within 1000 feet of a school for the purposes of N.J.S.A. 2C:12-1(c)(3)(a) (the DWI assault by auto statute).…

Submitted by: New Jersey Domestic Violence Lawyer, Jeffrey Hark. State v. Duprey, ___ N.J. Supser. ___, Docket No. A-5469-10T4 (App. Div. August 1, 2012) In a recent decision, the Appellate Division has ruled that testimony given during a domestic violence hearing may be now be used to impeach the credibility of the domestic violence complainant…

Posted by: New Jersey Criminal Lawyer, Jeffery Hark ___________________ Vasiliki Rallatos, Petitioner v. DECISION The ARC of Atlantic County, Respondent, _________________________ BEFORE: HONORABLE CARMINE J. TAGLIALATELLA JUDGE OF COMPENSATION APPEARANCES:Lawrence A. Mintz, EsquireGoldenber, Mackler, Sayegh, Mintz, et. al.1030 Atlantic AvenueAtlantic City, NJ 08401Attorney for the Petitioner Dorothy T. Daly, EsquireChristie, Parabue, Mortenson & Young, P.C.Sentry…

Posted by: New Jersey Criminal Lawyer, Jeffery Hark On July 18, 2012, a new law was approved which dramatically alters the interaction between illegal cell phone use and vehicular homicide prosecutions. Assembly Bill 1074 passed both the New Jersey Assembly and Senate on June 21 and 28 respectfully. This new law creates an inference that…

Submitted by New Jersey Criminal Attorney, Jeffrey Hark. State v. Slater withdrawal of guilty pleas brief I. A defendant’s motion to withdraw a guilty plea should be granted when the balance of the four factors expressed in State v. Slater establish that allowing the plea to stand would manifest injustice. A motion to withdraw a…