New Jersey Criminal Law
Are the police allowed to strip search me once I am in detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the sole issue is whether the police had the appropriate probable cause to conduct a strip search without consent and without a warrant. The facts in this case are pretty straightforward and consistent with a number of motor vehicle stops. The police pulled a…
Read MoreAt Trial, Prosecution Cannot Question a Defendant’s Right to Silence
14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) Published by New Jersey Criminal Lawyer, Jeffrey Hark. A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…
Read MoreNew Expungement Rules Became Effective June 1, 2016
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The New Jersey legislature has authorized a modified and accelerated expungement procedure for all municipal court charges that have been dismissed by way of trial and or court order. If you are charged with a municipal ordinance, disorderly persons offense, petty disorderly persons offense, your case…
Read MoreAt Trial, Prosecution Cannot Question a Defendant’s Right to Silence
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…
Read MoreAnonymous Tips and Warrant-less Search | New Jersey Criminal Law
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark 14-2-3345 State v. Hunter, N.J. Super. App. Div. (per curiam) (10 pp.) Defendant appealed the denial of his motion to suppress evidence seized during a motor vehicle stop. Police received an anonymous call stating that a man was waiving a handgun in front of bystanders while…
Read MoreWhen Do Criminal Witness Statements Have to be Produced to the State?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-1-3174 State v. Brian Tier, N.J. Sup. Ct. (Timpone, J.) (13 pp.) New Jersey’s Supreme Court recently decided a case regarding criminal witness statements. In the case, the defendant was charged with first-degree kidnapping, N.J.S.A. 2C:13-1, and first-degree criminal attempt to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-1,…
Read MoreWhat Evidence am I Entitled to When Fighting Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has recently clarified what evidence the State has to provide when arguing for a defendant to be detained before trial. The new Criminal Justice Reform Act effective January 1, 2017, allows for pretrial detention of defendants who present a serious risk…
Read MoreRan a Stop Sign but the Stop Sign is Not There. Was I Negligent?
31-2-3054 Compagnucci v. Collura , N.J. Super. App. Div. (per curiam) (7 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Appellate Division regarding a motor vehicle accident causing the plaintiff severe injury. In the case, the plaintiff was stopped at an intersection which she was familiar with. The…
Read MoreDo Police Have to Knock Before Entering My House?
14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); second-degree unlawful possession…
Read MoreWhen Seeking a Graves Act Waiver, Can I See the Prosecutor’s Files from Other Waivers?
State v. Kassey Benjamin (A-43-15) (076612) (April 5, 2017) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Supreme Court recently decided a case in which the defendant brandished a firearm during a verbal altercation. Although the gun was unloaded and the defendant did not point the gun at anyone, the defendant was still…
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