NJ Criminal Law
Ex-Haddon Twp. commissioner admits taking unlawful payment
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark. A Haddon Township commissioner pleaded guilty Wednesday to taking a payment from a law firm in connection with a lawsuit against the township and has resigned his post, New Jersey Attorney General Gurbir S. Grewal announced. Paul Dougherty, 48, a lawyer who also has served as…
Read MorePolice Arrest Prompted by High Beam Usage Rejected – State of New Jersey versus Scriven
Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in order to effectuate a motor…
Read MoreWhat should I do if I am identified as a defendant in a criminal investigation?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant argues that the identification procedure the police used was impermissibly suggestive because it involved multiple viewings of defendant’s photo, and the Critical Reach bulletin Vasquez saw in the police station contained a description of a crime that was similar to what Vasquez experienced. Defendant also argues that…
Read MoreStatutory Interpretation: Ifs, Ands, Buts, and Shall
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Carreon, decided August 11, 2014 rests on statutory interpretation. Put simply, statutes should be read based on the plain meaning of all the language used and if there is any ambiguity then the legislative attempt is examined and considered. The defendant in this case sought…
Read MorePolice Confront Rising Number of Mentally Ill Suspects
By FERNANDA SANTOS and ERICA GOODE APRIL 1, 2014 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark ALBUQUERQUE — James Boyd, a homeless man camping in the Sandia Foothills here, could hear the commands of the police officers who were trying to move him out. The problem was that Mr. Boyd, 38, had a history…
Read MoreReview of State vs R.P. | Confessions Must Be Voluntary to be Admissable
Review of State vs. R.P. by New Jersey Criminal Attorney, Jeffrey Hark The subject matter at issue in the knowing and voluntariness of a defendant’s video and audio statement that is being offered at the time of trial. In every case the court MUST conduct a Rule 104 hearing to determine if, at the time…
Read MoreState v. Gibson – Warrantless Search for Trespassing
4-1-2449 State v. Gibson, Sup. Ct. (Albin, J.) Written and Published by New Jersey Criminal Defense Lawyer, Jeffrey Hark of Hark and Hark This case addresses the significant issue of a police arrest and search for a person walking down the street, late at night, in a high crime area, when the police drive by…
Read MoreNJ Criminal Law – Illegal Search of Vehicle and Producing Driver's Credentials
14-2-1787 State of New Jersey v Duran C. Keaton, App. Div. Unlawful Search and Seizure at Accident Scene In this Unpublished appeal the court ruled that the police are required, when there is no exigency, and the driver is able to obtain his identification materials, to allow a defendant to produce his driving credentials on his/her own without…
Read MoreDenial of Freedom and Miranda Warnings – State of New Jersey v. Terrell L. Hubbard
The latest analysis of when Miranda Warnings must be given to a person of interest or a ‘suspect’. Reference State of New Jersey v. Terrell L. Hubbard The issue is when is there a denial of freedom. When does the ‘totality of the circumstances’ lead an objective person to believe the person in question is…
Read MoreProbable Cause for Further Investigation and Information Relayed to Patrol Officers
14-2-1579 State v. Rosario, App. Div. (per curiam) (10 pp.) The appellate division court found that when a loss prevention officer relays information to police and identifies himself as such to the police on the call to police dispatch provided information based on his personal knowledge and observations that led him to report that defendant…
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