New Jersey Criminal Law
Search of Motor Vehicle based on Smell of Weed and Headlight OUT ONLY!
State v. Juan Rodriguez May 3, 2019 NJ Appellate Division (Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: The pertinent facts that emerged at the suppression hearing were substantially undisputed by the parties. On January 1, 2018, Police Officer Kevin Olah of Warren Township was in a marked patrol vehicle at a gas station…
Read MoreAppealing PTI Denial – Posting Nude Photos of victim – Revenge Porn
State v. Chow, N.J. Super. App. Div. Decided April 302, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The state appealed from an order that admitted defendant into the Middlesex County Pretrial Intervention Program over its objection. Defendant had been charged with two counts of third-degree invasion of privacy for posting nude photographs of a…
Read MoreRestitution: Do I have to Pay it and does the court have to consider my ability to pay?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Restitution has become an additional area of criminal litigation in recent years. As a result the appellate courts have ruled that even if restitution has to be paid, the trial court must conduct a hearing addressing whether the defendant has the ability to pay given his/her particular…
Read MoreExtreme Risk Protective Order Statute Discussion
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Administrative Office of the Courts (AOC) has issued a proposed new rule to the Court Rules to effectuate the Emergent Preventive Order Statute that was recently enacted by the New Jersey legislature in 2018. This statute authorizes law-enforcement or any other interested party to…
Read MoreAnother Successful PTI Appeal
State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…
Read MorePretrial release, violating the terms, and being charged with new criminal contempt under NJSA 2C: 29–9 A
State v. RH New Jersey appellate division decided March 29 State v. McCray New Jersey Appellate Division approved for publication March 29, 2019 State v. Norman New Jersey Appellate Division decided March 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Are you on pretrial release? Have you been charged with a crime, had…
Read MoreJury hearing “Out of Court consistent Statements” of a police officer used bolster his credibility ruled reversible error warranting a new trial!
State of New Jersey vs RICHARD D. GRAY, JR. appellate division decided March 20, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant.…
Read MoreCan the police give a defendant his Miranda warnings in the car on the way to the police department captured on a mobile video recorder?
State of New Jersey v. Richard Gray Jr. Appellate Division decided March 20, 2019 Facts: At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant. Hemple knew there was an outstanding warrant for defendant.…
Read MoreSTREET-LEVEL SURVEILLANCE
Automated License Plate Readers (ALPRs) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Automated license plate readers (ALPRs) are high-speed, computer-controlled camera systems that are typically mounted on street poles, streetlights, highway overpasses, mobile trailers, or attached to police squad cars. ALPRs automatically capture all license plate numbers that come into view, along with the…
Read MoreCommercialized (In)Justice: Consumer Abuses in the Bail and Corrections Industry
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This National Consumer Law Center report examines the growing problem of consumer abuses by private companies profiting from the U.S. criminal legal system and mass incarceration, disproportionately affecting people of color and low-income people, and makes recommendations for reform. Related Resources NCLC lawsuit challenging an illegal kickback…
Read More