Driving While Administratively Suspended May Remain Indictable Offense

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Perry et. al. is a case against several defendants that was consolidated for decision because the same legal issues were at play in all of the cases. It has to do with N.J.S.A. 2C:40-26(a)(b) which makes driving while suspended a fourth degree criminal offense with…

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Parking Lots May Be Structures In Burglary Cases

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Olivero, decided June 29th, resulted in a unanimous opinion from the New Jersey Supreme Court deciding the question: Does a parking lot constitute a structure as would make someone criminally liable for burglary under N.J.S.A. 2C:18-2a? N.J.S.A. 2C:18‑2a insofar as it is applicable to this…

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Don’t Wait on Miranda to Protect You

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…

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Knowing, Intelligent and Voluntary

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Previously a blog concerning urbina case discussed what constitutes the crime of aggravated manslaughter and the defense of self-defense. Today’s blog will explain waiver of a defense of self-defense, and briefly discuss the process of appeal after a plea agreement. As discussed in the last blog, the basic…

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The 4th Amendment Protects All of Us but Only From Some of Us

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Wright, decided by the New Jersey Supreme Court began with a simple call from a tenant to her landlord about a leaking pipe in the kitchen ceiling. The landlord and a plumber followed the source of the leak which ultimately led them to the bedroom.…

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Sniffing Around: Traffic Stops May Not Be Extended for Narcotics Dogs

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. It’s just after midnight on a Tuesday morning in March of 2013. A Nebraska police officer spots a vehicle driving along the shoulder of a highway in violation of traffic law. He pulls the vehicle over, checks the driver’s licenses of the operator and passenger, and issues…

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