State v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress

April 22, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play.  I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result.  Now I will be discussing the standard of review performed by the appellate division of the…

State v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO)  is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…

State v. Hemeway: Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO)  is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…

Cherry Hill Man Charged with Possession of Child Pornography – April 17, 2018

April 17, 2018 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark Office of the Prosecutor Camden County has posted a new item, ‘Cherry Hill Man Charged with Possession of Child Pornography – April 17, 2018’ Timothy Ronaldson, 35, of Cherry Hill, was charged with Possession of Child Pornography according to Camden County Prosecutor Mary Eva Colalillo and Cherry…

Do I have to spend the entire six months in jail if I am convicted of driving while suspended for a second or greater time during a DWI suspension?

April 15, 2018 |

The New Jersey appellate division, in an approved for publication decision, ruled the trial court does not have any discretion to allow a defendant to show up for “nightly incarceration”. The appellate division affirmed the legislature’s mandate of a fixed term of 180 days for the 4th° offense without parole eligibility. In this case the…

What is the penalty for an illegal search of my car?

April 11, 2018 |

If the police search my car what happens at a “Suppression” hearing? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled:  In  a blog I wrote yesterday the court ruled the Ocean County/Lakewood NJ police preformed an illegal search of a defendant’s car.  Now that the court ruled the search was illegal…

Can the police search my car before they get a warrant?

April 11, 2018 |

Can the police pull me over for no reason and get a search warrant to search my car, belongings bag, and other items after the fact? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: “Search warrants are prospective in nature — they authorize the taking of action. A later-obtained…

Can the police draw or take blood from me in the hospital if I was in a crash and was unconscious?

March 29, 2018 |

Do the police need a warrant to take blood from me in a hospital setting after a car crash? State v. Zalcberg The New Jersey Supreme Court issued a ruling firmed up and extended the excuses police need for obtaining a blood draw from a defendant in a DWI homicide crash investigation without a warrant!!!…

Can police walk up and search me based on an anonymous tip?

March 25, 2018 |

What do the police need to do to verify any anonymous tip or “crimestoppers” call? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses what the police need to confirm any anonymous phone call to a crimestoppers hotline regarding a person committing a crime.  In this case a ‘Crime-Stoppers’ call came in about…

Can the police search my bag in the Police Department? The Legality of an Inventory Search

March 16, 2018 |

The police went through my pocketbook without reading me my Miranda rights were “arresting me“ are they allowed to do that? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This important aspect of this case has to do with whether a “inventory search” which took  place with this defendant when she was brought to a…