New Jersey Criminal Law
The officers were not justified in searching defendant’s auto due to the lack of any exigency and P.C. for such a warrantless motor vehicle stop
An officer must smell the odor of the illegal substance when they are lawfully in a position from which they could smell the odor. The smell of burnt marijuana, by a trained and experienced officer, emanating from passenger compartment of a legally stopped motor vehicle creates probable cause to believe that a violation of…
Read More2014 Revised Statutes of the New Jersey Criminal Code (Title 2-C)
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 2014 New Jersey Revised Statutes Title 2C – THE NEW JERSEY CODE OF CRIMINAL JUSTICE Section 2C:1-1 – Short title; rules of construction Section 2C:1-2 – Purposes; principles of construction Section 2C:1-3 – Territorial applicability Section 2C:1-4 – Classes of offenses Section 2C:1-5 – Abolition of common…
Read MoreSecond-Degree Crimes Often Prevent A Second Chance Through PTI
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark State v. Waters decided January 30, 2015 by the Appellate Division is yet another case that shows the consequences of either not understanding or ignoring concealed carry/automobile weapons laws in New Jersey. The case also helps readers understand Pre-Trial Intervention a little bit better. The defendant…
Read MorePre-Trial Intervention Program: A Second-Chance for First-Time Offenders
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark Today’s blog revisits State v. Elsobky decided by the Appellate Division on January 30, 2015.In an earlier blog we discussed the law surrounding concealed carry permits in N.J. After the defendant was pulled over and informed the officer that he was in possession of a weapon,…
Read MoreAppealing a Pre-Trial Intervention Denial
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark Three lessons can be learned by the readers of this particular blog: 1) The basics of how an appeal of a denial of Pre-Trial Intervention (PTI) works 2) The importance of understanding what a concealed permit entitles you to do with your weapon under different state…
Read MoreEvidence Necessary to Obtain a New Criminal Trial | State of New Jersey vs. Sean Taliaferro
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In order to successfully obtain a new criminal trial, based on new evidence, the defendant must show: that “the evidence is 1) material, and not ‘merely’ cumulative, impeaching, or contradictory; 2) that the evidence was discovered after completion of the trial and was ‘not discoverable by reasonable…
Read MoreRule 404(b) Unable to Introduce Evidence of a Crime when Defendant Deemed Not Guilty
State vs. J.M. – submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division ruled that Rule 404(b), evidence of other crimes, does not allow the the State to introduce evidence to a jury of a crime which a defendant has been found not guilty. In this very lengthy and detailed opinion the…
Read MoreSome Limited Searches Aimed at Identification Do Not Violate Fourth Amendment Rights
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Vehicle Search After Accident to Identify Unconscious Driver State v. Sidorek decided October 7, 2014 is an appeal by the State of a motion to suppress that was granted in a vehicular homicide case. The relevant facts of the case are that an officer arrived at the…
Read MoreCumberland County man sentenced to 19 years in crash that killed Millville police officer
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here. BRIDGETON — Timothy Seidel, the Laurel Lake man responsible for a crash that killed Millville Police Officer Christopher Reeves and injured another officer during a police pursuit in 2012, was sentenced to 19 years in state prison Friday at the Cumberland County Courthouse. Family, friends, law…
Read MorePretrial Intervention Program – Judicial Review of PTI Decisions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark STATE VS. JUSTIN LEE (APP. DIV 2014) This case addresses the standard of review for a trial court when reviewing a prosecutor’s denial of PTI (Pretrial Intervention). The issue in this case are facts submitted to the trial court and a plenary hearing from witnesses regarding the…
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