New Jersey Criminal Law
Aggrevated Assault Negotiated Plea Guidelines Modified
On May 29, 2014, the New Jersey Legislature enacted Jessica Lunsford Law. This Law requires any person charged with aggravated sexual assault involving a child under the age of 13 and any type of “penetration” to serve a mandatory minimum and a parole ineligibility of 25 years if they go to Trial and are convicted.…
Read MoreCell Phones: Password Protected And Now Warrant Protected
Major Privacy Ruling – Cell Phones and Unreasonable Search Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. News Flash:—— United States v. Wurie and Riley v. California. The U.S. Supreme Court decided two landmark cases on June 25, 2014 for anyone who gets arrested with a cell phone on them. One case arose out of…
Read MoreSetting the Timer: How Judges Determine Sentences
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog will consider State v. M.S. decided on June 17, 2014 by the Superior Court of New Jersey, Appellate Division. This is a case in which the State of New Jersey appealed an order establishing a Krol term of eleven years for a defendant who was…
Read MoreMajor Ruling Shields Privacy of Cellphones
Supreme Court Says Phones Can’t Be Searched Without a Warrant Submitted by New Jersey Criminal Attorney, Jeffrey Hark Originally published in the New York Times Read the related SCOTUS case, Riley vs California Chief Justice John G. Roberts Jr. called cellphones “a pervasive and insistent part of daily life.” Credit Stephen Crowley/The New York Times…
Read MoreProsecutor’s Preclusion of Defendant’s Entry into PTI Is an Abuse of Discretion
In determining whether to consent to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e),2 and also certain additional factors, policies, and The seventeen factors are: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age of the defendant; (4) The desire of the complainant or…
Read MoreState’s Use of a Defendant’s Own Investigator to Testify Against His Own Client
The state’s use of a defendant’s own investigator to testify against his own client at the time of trial! State vs. Nunez: New Jersey Appellate Division June 10, 2014. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this appeal the defendant was awarded a new trial after the state called, and the court allowed…
Read MoreExigency and Warrantless Search | State of New Jersey vs. Witt
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One of the requirements for conducting a warrantless search is exigency, or to use another word, urgency. The leading case concerning exigency is State v. Pena-Flores in which the Jersey Supreme Court claimed that it was just reaffirming three decades of New Jersey common law which all…
Read MoreEvidence: Probative Value v. Prejudicial Effect on the Scale of Justice
Submitted by Criminal Defense Attorney, Jeffrey Hark. State v. Fereirra decided on May, 7 2014 was an appeal to the N.J. Superior Court, Appellate Division, that considered the balance between the probative value of evidence submitted and the prejudicial effect it has on the jury. By prejudicial effect what is meant is that some evidence…
Read MoreRight to a Fair Trial | State of New Jersey v. R.W.H. and Cyber Harassment
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. R.W.H. was decided by the Superior Court of New Jersey, Appellate Division on December 13, 2013 and considered some of the factors that could deny a defendant a fair trial. The case concerned the Defendant, the estranged mother of their children, T.J., and her new…
Read MoreNew Jersey Creates Cyber Harassment Statute
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark There have been recent developments to New Jersey Harassment Statutes that all people with cell phones, computers and internet social media access should be aware of. As of January 1, 2014, N.J.S.A 2c:33.1 creates the Cyber Harassment Statute. Violation of the Statute takes place when someone uses…
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