New Jersey Criminal Law
PCR 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…
Read MoreCan a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Can a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony? The answer is yes however it has to be performed by a judge conducting a separate hearing out the ears of the jury prior to same being…
Read MoreOctober 24, 2018 NJ Appellate Division ruling on Fresh Complaint Evidence
State v. H.H. New Jersey Appellate Division Decision October 24, 2018. A-4208-16T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant was condition of endangering the Welfare of a Minor. The factual evidence in this case came from the victim’s testimony at the time of trial. The defendant objected to the information being introduced a ‘fresh complaint’…
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