New Jersey Criminal Law
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Police Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights
State v. Sims—-NEWS FLASH—- NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…
Read MoreAppeals of Prior Conviction and Sentence of Conspiracy to Commit First-Degree Robbery and Other Crimes
State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and…
Read More2021 NEW JERSEY EXPUNGEMENTS OF CRIMINAL RECORDS ARE TO BE FILED ELECTRONICALLY
December 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark As of December 8, 2020, New Jersey has updated its expungement law, with the Supreme Court of New Jersey requiring all parts of the judiciary to expand its eCourts electronic filing program to encompass expungement petitions. The Order states as follows: Petitioners shall apply for…
Read MoreOut of State Grave’s Act Offense: Key Issue Is the Ability to Prove for Any County Prosecutor PTI Coordinator Adequate Supervision in The Defendant’s Home State
State of NJ v. James Ray Decided December 11, 2020 On appeal from the Superior Court of New Jersey, Law Division, Bergen County, PER CURIAM PTI Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant James D. Ray signed a pre-trial intervention (PTI) application that was denied by the Bergen County prosecutor. He is appealing against the…
Read MoreStatewide Dismissal Process for Old Unresolved Minor Municipal Court Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreEmergency Circumstances Can Create an Exception to Warrants, Probable Cause, and Plain View
State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress where police entered a home and a hotel room investigating a shooting and using emergency…
Read MoreGuilty of Third-Degree Possession of a Controlled Substance, Namely Marijuana, With Intent to Distribute and Numerous Other Charges
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Darren E. Richardson was found guilty of third-degree possession of a controlled substance, namely marijuana, with intent to distribute and numerous other charges. He was sentenced to eight years of incarnation with four years of parole ineligibility. State of New Jersey vs Darren E. Richardson Detective Vincent…
Read MoreNo Municipal Court Can Suspend Driver’s Licenses for Failure to Appear on Non-Parking Violations
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
Read MoreDenial of An Adjournment Request to Postpone A Homicide Trial, Leading to Defendant Entering A Plea Deal
State v. Marsh Appellate Docket No.: A-3519-18T1 Decided December 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of an adjournment request to postpone a homicide trial, leading to defendant entering a plea deal, In State v. Marsh, on November…
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