Posts Tagged ‘Criminal Law’
Expungement of Conspiracy to Distribute Controlled Substance – New Jersey
In the matter of the expungement of DP Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there is a very specific question as to whether a prior drug distribution arrest can be expunged when the final guilty plea was for a 2C: 5–2 conspiracy charge and judgment of conviction reflected that too.…
Read MoreThe Prejudicial Straw That Broke The Camel’s Back: State vs. Rivera, October 12, 2014
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Prejudicial Events Leading to Mistrial in Criminal Case In trials the defense will fight to suppress evidence that is prejudicial or object to behavior or words from the prosecutor that may prevent their client from receiving a fair trial. Sometimes these single events are so prejudicial or…
Read MoreWhen Is Hearsay Relevant?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In State v. Scharf, decided August 11, 2014, the defendant appealed his conviction of first-degree purposeful and knowing murder of his wife. The appeal is based on a claim that the judge erred in admitting hearsay statements made by his late wife’s counselor and friends and that…
Read MorePerception Is Reality: When Fake Weapons or Gestures Make a Robbery First Degree
In the case of State v. Kelvin Williams, the defendant walked into a bank wearing baggie clothes and a hoodie and demanded money. He claimed that he had a bomb and the teller believed him because of his erratic behavior and loose clothing. The defendant demanded seven million dollars but was only given $552 from…
Read MoreThe Right to Cross-Examine A Witness
Justices Bar Recanted Statement’s Admission Absent Testimony In State v. Slaughter, decided August 12, 2014 concerns two defendants both accused the other of being the primary killers of a man while the other looked on. The defendant in this particular case claimed that he was smoking a cigarette outside the victim’s home which was also…
Read MoreLaurel Lake man pleads guilty to 2012 accident that killed Millville Officer Christopher Reeves
This photo provided by the Millville Police Dept. shows Christopher W. Reeves. The southern New Jersey police officer has died after his cruiser and another vehicle collided early Sunday, July 8, 2012. (AP Photo/Millville Police Dept.)South Jersey Times BRIDGETON — Retracting his previous not guilty plea, Timothy Seidel admitted to being responsible for the death of…
Read MoreDriver in crash that killed cop pleads guilty
BRIDGETON – The motorist behind the wheel of the car that killed a Millville police officer two years ago accepted a plea deal in the case today, officials have said. Timothy Seidel has been in Cumberland County Jail since his arrest following the crash on July 8, 2012. He pleaded guilty Monday to charges of…
Read MoreResentencing After Prior Conviction
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 14-2-4712 State v. Brown , App. Div. (per curiam) (25 pp.) Defendant appeals his convictions of second-degree aggravated assault, third-degree aggravated assault, and unlawful possession of a knife arising out of an altercation outside a fraternity house at Rutgers University. Prior Conviction Supporting Aggravating Sentencing Factors The…
Read MoreTime Matters: Determining When Questioning Becomes Arrest In Roadside Stops
Detention and Miranda Rights Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog deals with issues of what constitutes a detention in which your Miranda rights must be read. The case is an appeal of the denial of a defendant’s motion to suppress evidence in State v. Hamb, decided July 25, 2014 by the…
Read MorePolice Shoot-Outs, Consecutive Sentences, and In-Court Identification
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On June 25, 2014 this blog discussed the Yarbough criteria for sentencing as set forth in State v. Yarbough, 100 N.J. 627 (1985). In short these included: No free crimes (defendant must be sentenced for each crime they are found guilty of committing). Reason for consecutive v.…
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