New Jersey Criminal Law
State v. Witt Part II: The Confusion of Exigency
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A previous blog presented the facts of State v. Witt and explained that up until now Pena-Flores was the governing case in New Jersey when it came to warrantless vehicle searches. Under that case a police officer must meet three requirements to search a vehicle without a…
Read MoreIf You’ve Ever Been Pulled Over You Must Read This Blog: Part I
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On September 24 the N.J. Supreme Court issued an opinion in State v. Witt that may be one of the most important in recent memory for people facing criminal charges arising out of traffic stops. With a dissent, the total length of the written opinion is 95…
Read MorePublic Defendants and Statute of Limitations
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In Ramey v. Demaio, decided August 25 by the Appellate Division, the plaintiff appealed a dismissal of her complaint against Mr. Demaio, acting director of the Newark Police Dept. Ramey’s daughter was murdered in 2011, and Ramey filed a complaint almost two year later in 2013 alleging…
Read MoreNew Jersey Criminal Law: State v. DeLoach
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. CRIMINAL LAW 14-2-7499 State v. DeLoach, App. Div. (per curiam) (20 pp.) Issue: Facts presented to the court at a Motion to Suppress: What is the court allowed to rely upon and base its decisions. Key Issue: The court must make finds of fact and conclusions of credibility…
Read MoreState vs. Michael Maltese, NJ Supreme Court
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: Post Arrest invocation of right to an Attorney. Was the defendant’s request to speak to his family during an interrogation enough to invoke his right to remain silent? Once you ask to speak to a family member, you have invoked your right to counsel in…
Read MoreExpungement of prior crimes—– Crimes not committed in “one continuous uninterrupted time period can not be expunged” even hours apart!
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In the Matter of the Expungement Petition of J.S. (A-84-13) (073376) In the Matter of the Expungement of the Criminal Records of G.P.B. (A-2-14) (074541) In these appeals, the Court determines whether N.J.S.A. 2C:52-2(a), which permits the expungement of a conviction for certain indictable offenses if the…
Read MoreState vs. Shannon: Supreme Court 3-3 Stalemate Means No “Good Faith Exception” to the Exclusionary Rule
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The 3-3 split in State v. Shannon on Aug. 19 means an Appellate Division ruling that evidence seized after an arrest based on an invalid arrest warrant must be suppressed is affirmed. Justice LaVecchia stated specifically opposing the Attorney General’s position in their brief, “We decline to carve out…
Read MoreNo Reaching into the Glove Compartment
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Legality of an Officer Entering a Vehicle without Permission State v. Keaton, decided August 3, 2015 by the N.J. Supreme Court touches on the following issue that may be important to readers. Does an officer have a right to enter your vehicle for the supposed purpose of…
Read MoreA Chance at a Second Chance: DNA Testing May Expand
Written by New Jersey Criminal Lawyer, Jeffrey Hark. A new bill passed in the N.J. legislature concerning DNA and criminal defendants. In the past, a defendant had to be incarcerated in order to request possible innocence-proving DNA testing, but now that could change if Governor Chris Christie approves the bill. If the bill became law…
Read MoreDropped 9-1-1 Call Not An Emergency By Itself But May Support Application of Emergency Aid Doctrine to Police entry of Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This blog has discussed exceptions to Fourth Amendment protections on numerous occasions, and the discussion often circles back to exigency. Exigent circumstances sometimes provide a legitimate basis for police to intrude, and at other times unfortunately are used as an excuse to circumvent your rights. It all…
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