Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Green Earlier this week we wrote a blog addressing the requirement for experts in civil cases to provide testimony regarding a defendant’s duty, breach of that duty, and the causal relationship to a plaintiff’s damage. These are civil burdens of proof the plaintiff is obligated…
State of New Jersey vs McDonald August 15, 2016. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division reversed a trial judge’s admission of a defendant into PTI after the prosecutor objected and denied defendant’s entry into their PTI program. The key to this decision is the judge’s ruling which…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey state Judiciary Juvenile Justice Committee has recommended that juveniles no longer be restrained when they are brought into court and appear in front of a judge. The following is the Committee recommendation report submitted to the rules committee. The concluding recommendation includes a Rule…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: What does New Jersey Law Enforcement have to do to get your cell phone records?? Do they have to get a warrant signed off by a judge or is a Grand Jury Subpoena enough? The New Jersey Supreme Court decides law enforcement needs to get…
Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in order to effectuate a motor…
Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977). This case…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. These are the factual issues you have to be aware of when your attorney is at trial and or add a motion to suppress. These are the issues they trial judge looks for and appellate courts review to determine if the trial judge exercise proper discretion. State…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Emergency responders and emergency rooms all over New Jersey were busy this holiday weekend following a spate of shootings, car crashes, falls and people being hit by vehicles. At least 13 people were killed from Friday night through Monday and dozens of others hurt in incidents ranging from…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Key to this case: Although a juvenile record is sealed when an individual turns 18, that record can be used by a prosecutors office, trial court, and appellate Court when a defendant is denied entry into the adult PTI program. Facts: In this case the defendant was…
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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…