New Jersey Criminal Law
State v. WInt NJ Supreme Court Decision Miranda is still alive in NJ
State v. Laurie Wint (A-28/29-17)(079660) Argued September 26, 2018 — Decided December 12, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: Did Pennsylvania detectives violated Edwards v. Arizona, 451 U.S. 477 (1981), by attempting to question defendant Laurie Wint in Camden and later questioning him in Pennsylvania after he earlier requested counsel. The Court…
Read MoreKelly v. Gwinnell–“The New Jersey (Minority) Rule for Social Host Liability”
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193 Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…
Read MorePCR Motion and the Need for a hearing with testimony.
I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…
Read MoreWhen can I get off of New Jersey’s Community Supervision for Life (“CSL”) Law?
When does the 15 year time period clock start to run for CSL Law in New Jersey? Is CSL different than Megan’s law? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: J.M. and H.D. were convicted of sex offenses, see N.J.S.A. 2C:7-2(b), in 1994 and 1998 respectively, and sentenced to periods of probation. Pursuant…
Read MoreArgument analysis: Court appears ready to rule that Constitution’s bar on excessive fines applies to the states
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Today the Supreme Court heard oral argument in the case of Tyson Timbs, an Indiana man who lost his 2012 Land Rover after he pleaded guilty to drug charges. The state argued that it could seize the car because it had been used to transport drugs, but…
Read MoreCan the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest?
Can the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest? Is there a difference if the person has been charged with a crime? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: In this case the state filed an action in the Superior Court seeking a…
Read MoreJoint Committees hear testimony on bills to legalize recreational marijuana
Cyber harassment and the use of Facebook, Snapchat, Instagram, and email
State v. Carroll, New Jersey Appellate Division decision approved for publication November 8, 2018 Can I be charged with harassment or cyber harassment for posting a comment on Facebook with no specific target as a possible victim. Also this is an appeal from a initial determination of detention of the defendant entered by the Superior…
Read MoreWhat is a Speedy Trial right? When are my “Speedy Trial Rights” violated?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. What is a Speedy Trial right? When are my “Speedy Trial Rights” violated? I already rote a blog addressing the Suppression in this case. The facts are in the other blog. However, this court also analyzed the defendant’s claims that his speed trial rights were violated and…
Read MoreSuppression of Evidence from a police “Terry Stop” due to a violation of a municipal ordinance (Curfew Violation)
State v. Welch New Jersey Appellate Division (Unreported Decision November 7, 2018) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police approach a defendant who is alleged to have violated a curfew issued from Hurricane Sandy. The facts are as follows: 1) Officer Calleja testified that in the bright moonlight, aided by the patrol vehicle’s…
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