New Jersey Criminal Law
How the Use of Experts in Criminal Cases is Different from Experts in Civil Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Green Earlier this week we wrote a blog addressing the requirement for experts in civil cases to provide testimony regarding a defendant’s duty, breach of that duty, and the causal relationship to a plaintiff’s damage. These are civil burdens of proof the plaintiff is obligated…
Read MoreWhat is a ‘defacto’ arrest? Was I held by the police at the scene too long? What is a Terry Stop?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Were the passengers with no criminal history Improperly detained and or arrested? As I stated in the facts above two of the defendants were detained even though their identification checked and they had no outstanding warrants for their arrest. The court observed these two defendants were placed…
Read MoreIf the police held me too long, or tricked me to give up evidence, can the evidence be thrown out by a judge?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The issue here is whether the court should suppress any evidence obtained by illegal or improper police conduct. The general state of ‘exclusionary rule’ in the state and federal courts is that this ‘Rule’ is loosing favor. The question has become, regardless of the police conduct, there…
Read MoreYour Rights and the Ability of Police to Search Hotel Rooms and Vehicles | State v. Shaw and Bolden
Were the police allowed to search my hotel room without me there?? Are the police allowed to threaten me with ‘bringing the dog’ to sniff my car? If I am threatened about the ‘bringing the dog’, did i give good consent? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Shaw and Bolden This…
Read MoreCollingswood Woman Killed in Stabbing – 8/22/16
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Camden County Prosecutor Mary Eva Colalillo and Collingswood Police Chief Kevin Carey reported a Collingswood woman was killed in a stabbing incident on Monday night (8/22/16). Collingswood officers responded to the Heights of Collingswood Apartments, C Building, around 7:49 p.m. Monday night in reference to a domestic…
Read MoreHow to Appeal From a PTI (Pretrial Intervention) Denial
State of New Jersey vs McDonald August 15, 2016. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division reversed a trial judge’s admission of a defendant into PTI after the prosecutor objected and denied defendant’s entry into their PTI program. The key to this decision is the judge’s ruling which…
Read MoreWhat Happens When You Can’t Afford to Pay? Inability to Pay Restitution After a Guilty Verdict
State v. Wyatt The subject of this case is the ability of a defendant to pay restitution after a guilty verdict of theft by deception. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The defendant was charged with stealing social services benefits (TANF) in the amount of $7000. I have handled numerous cases like this…
Read MoreProposal for NOT shackling juveniles in family court proceedings
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey state Judiciary Juvenile Justice Committee has recommended that juveniles no longer be restrained when they are brought into court and appear in front of a judge. The following is the Committee recommendation report submitted to the rules committee. The concluding recommendation includes a Rule…
Read MoreWhat does New Jersey Law Enforcement have to do to get your cell phone records?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: What does New Jersey Law Enforcement have to do to get your cell phone records?? Do they have to get a warrant signed off by a judge or is a Grand Jury Subpoena enough? The New Jersey Supreme Court decides law enforcement needs to get…
Read MoreState v. Smith New Jersey Appellate Division case July 5, 2016
Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977). This case…
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