New Jersey Criminal Law
Appellate Review of Trial Courts Determination of Evidentiary Questions
What is the standard of review for a trial courts decision regarding the introduction of certain pieces of evidence at trial? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Appellate Division and State Supreme Court are required to provide a quote deferential standard quote for reviewing a trial court evidentiary airy brewing.…
Read MoreNew Criminal Court Procedure if You are Arrested in New Jersey After May 20, 2016
New criminal court procedure if you are arrested after May 20, 2016: There are substantial changes to the New Jersey criminal court procedure for all indictable offense is an all complaint/summons cases. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This blog we will discuss the changes and procedure for indictable offense is that becomes…
Read MoreTexting and Driving? Watch Out for the Textalyzer
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Over the last seven years, most states have banned texting by drivers, and public service campaigns have tried an array of tactics — “It can wait,” among them — to persuade people to put down their phones when they are behind the wheel. Yet the problem, by…
Read MoreMinor Vehicle Equipment Problems Can Lead to Criminal Convictions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Between the use of license plate readers and police officers attempting to pull motor vehicle operators over for any possible reason you have to get every equipment problem in your car fixed immediately. This is especially true if you were driving while suspended due to other traffic…
Read MoreExpert Testimony of Police for Drug Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Expert Testimony on Drug Possession versus Possession with Distribution In this case, State of New Jersey vs Jamison, the County Prosecutor identified one of their own investigator’s to be an ‘expert’ to testify what amount of drug possession equals possession with distribution, as opposed to just ‘possession’. This can have a…
Read MoreN.J. law requiring police-car cameras ruled unconstitutional
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. TRENTON – A 2014 law requiring all New Jersey municipalities to outfit new police patrol cars with dashboard cameras is unconstitutional because it does not provide an adequate funding source, a state board ruled Wednesday. The ruling by the Council on Local Mandates on a challenge brought…
Read MoreNew PTI Guidelines for New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Pretrial Intervention is, prior to these modifications, a first time offenders alternative disposition program aimed at non-violent non-weapons offense first time offenders that enabled defendants access to a non-jail probationary period up to 36 months. If a defendant successfully completes the probationary period without any new…
Read MoreWhat Do I Say to The Police If I Am Arrested?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Aziz (Appellate Division 2016) In this case the defendant, whom the police were looking for due to his cell phone number recently showing up on a cell phone of a dead woman, was brought to the police department for questioning. FACTS: After the police took…
Read MoreAppellate Standard of Review for a Motion to Suppress
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Aziz. Decided March 31, 2016 In reviewing the denial of a motion to suppress for an alleged violation of Miranda, we use a “searching and critical” standard of review to protect a defendant’s constitutional rights. State v. Maltese, 222 N.J. 525, 543 (2015) (quoting State…
Read MoreState vs. Rosario: Is this an arrest or a field inquiry?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Rosario In this case the issue is whether the police’s contact and communications with the defendant was a ‘field inquiry’, a Terry stop, or a custodial interrogation? If difference depends on whether the subject of the inquiry, the defendant here, feels their freedom to leave have been…
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