New Jersey Criminal Law
State v. Graham
State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…
Read MoreCAN THE POLICE COME INTO MY HOTEL ROOM??
State v. Phillips New Jersey Appellate Division November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue: When and how can the police come into my hotel room?? It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…
Read MoreJudge’s Power at a Sentencing Hearing
Judge’s Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge’s power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions consist with the criminal code,…
Read MorePTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL
State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…
Read MoreDismissal of Stale Complaints – New Court Rule 7:8-5(c)
Rule 7:8-5(c) – Dismissal of minor matters more than 10 years old – effective January 1, 2020 7:8-5(c) – Periodic Dismissal of Certain Municipal Court Complaints. At least annually, after notice to the prosecutor and pursuant to procedures promulgated by the Administrative Director of the Courts, the court shall dismiss all eligible complaints that are…
Read MoreJAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM
JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses, in very simple terms, the review process that the Board of Pensions will make regarding an agency decision and a claim against the pension system. In this specific case a public employee, Department of Corrections…
Read MoreNew Jersey Appellate Division decision October 24, 2019 what are the police allowed to do with a narcotic dog and searching a vehicle?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case is an Extension of the New Jersey Supreme Court decisions and Witt and Dunbar. The court here found the trial judge made an error of law when he opined that the hit by a narcotics dog required the police to obtain a search warrant to…
Read MoreWeiner 1961 discussion: Can Manslaughter be considered a moral turpitude if…
Weiner 1961 discussion: Can Manslaughter considered a moral turpitude violation when it involves ‘the absence of intent’ and is defined as criminal negligence… or rather ‘knew or should have known’ awareness of a risk of injury or death…… Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. What is “moral turpitude”? It has been defined as…
Read MoreMoral Turpitude…. What is it???
STEVE JONES, v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, October 18, 2019 New Jersey Appellate Division NOT Approved for Publication Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case involves a Millville police officer applying for a accidental disability pension which was denied due to several reasons. However, the court undertook a review of…
Read MoreBuccal Swab to match Handgun DNA | Summary: State v. Browne
State v. Browne Docket No. A-0371-17T1 Issue: The issue in this case is whether the trial court erred in granting the State’s pretrial application to obtain a buccal swab from the defendant to extract a sample of his DNA. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 1:00 a.m. on April 19,…
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