Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…
Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog very briefly discusses mandatory sentences using the recent case State v. French decided August 25, 2014. In this case the State appeals a sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program. The sentence is imposed for the…
Submitted by New Jersey DWI Attorney, Jeffrey Hark A New Jersey appeals court has upended a trial judge’s suppression of blood evidence taken from a woman who caused an accident after getting behind the wheel with a blood-alcohol level of more than four times the legal limit. The Appellate Division thwarted the defendant’s efforts to…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…
State’s Evidential Burden of Proof in New Jersey DWI Appeal Submitted by New Jersey DWI Lawyer, Jeffrey Hark State of NJ vs. Gorgodian In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden of proof and whether the trial court had erred when it made its…
State of NJ vs. Gorgodian DWI Appeal – State’s Burden of Proof Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden at of proof and whether the trial court had erred when it made its finds of…
Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975) Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…
Presented by New Jersey DWI Lawyer, Jeffrey Hark. Should the defendant’s blood test results be suppressed in light of the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases? The New Jersey State Supreme…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…