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…
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 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…
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!!!…
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…
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…
Mikael Carter, an 18-year-old Lindenwold resident, has been charged with Luring a Minor to Commit Sexual Assault and Sexual Assault according to the Camden County Prosecutor Mary Eva Colallilo and Lindenwold Police Chief Thomas Brennan. Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. He was also charged with Manufacturing Child Pornography, Endangering the Welfare…
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Questions were raised last year about whether FBI agents were actively recruiting technicians at Best Buy’s Geek Squad to search for illegal content on customer devices. According to newly released documents, however, prior reports only scratched the surface: Best Buy’s ties with the FBI appear more…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this PTI case the appellate panel ruled that the county prosecutor’s office abused their discretion when it denied this defendant admission into their PTI program. PTI is Pretrial Intervention. Have you been denied PTI? Are you entitled to PTI? Will the criminal charge and possible criminal…
What do you need to tell a judge, “Let me into PTI over the Prosecutor’s Objection!” I need PTI so I do not loose my job! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUES: The key to this case is the fact that the defense attorney presented as much information regarding his client’s current and past life…