Posts Tagged ‘Criminal Law’
A Dragnet at Dewey & LeBoeuf Snares a Minnow
Originally published by the New York Times “You’ve been indicted,” an assistant Manhattan district attorney, Peirce Moser, told Zachary Warren, a 29-year-old magna cum laude graduate of Georgetown Law School with a prestigious clerkship on the Federal Court of Appeals for the Sixth Circuit in Memphis. “Can you say that again?” a stunned Mr.…
Read MoreWhy Not to Accept a Plea Bargain
Submitted by New Jersey Criminal Attorney, Jeffrey Hark DEFENDANTS WHO ARE INNOCENT OR HAVE BEEN DENIED THEIR RIGHTS OF DUE PROCESS SHOULD REFRAIN FROM ACCEPTING PLEA BARGAINS This article will discuss why it is rarely in your interest to plead guilty or accept a plea bargain in a criminal case if you are innocent of…
Read MoreLooking for a Lawyer? Here’s Help
Finding an Experienced Trial Lawyer in New Jersey Finding a lawyer to represent your best interests is one of the most critical parts of the lawyer selection process. At Hark and Hark, we take that responsibility seriously and are ready to represent you. Please review our website and all the information we are providing you…
Read MoreEmergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls
State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls. In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…
Read MoreThe “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls
Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…
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 MoreDrug Arrest & Conviction Issues: Proper Search and Seizure | State v. Sanchez
State vs Sanchez In this appeal the Courts were requested to look at several issues. IN this blog we will discuss the right of the police to enter an accessible, open, unlocked, multi-story apartment building that has public hallways and stairs as well as private locked areas accessible only to the tenants. The court found…
Read MoreNew Jersey Drug Charges and Improper Expert Witness Testimony
14-2-1544 State v. Goldsmith After the defendant was convicted of possession of drugs and possession with intent to distribute he appealed his conviction arguing that the opinion testimony of two police “experts” that the transactions they ‘witnessed’ were drug purchases was clearly capable of producing an unjust result, such that there is a reasonable doubt as to whether the…
Read MoreNew Jersey Criminal Law and Expert Testimony – Net Opinion
14-2-1653 State v. Granskie, App. Div. (Reisner, P.J.A.D.) (21 pp.) The use of expert testimony in this case by the defense stepped on the toes of the jury and overstepped his authority. The state of the law allows the defendant the right to present expert testimony concerning his heroin addiction and withdrawal symptoms and the potential impact of…
Read MoreSelecting Expert Witnesses
TORTS 36-2-1092 Walker v. Torres, App. Div. (per curiam) (14 pp.) After a jury verdict of a no cause of action in this auto negligence case in which plaintiff settled with the tortfeasor and then proceeded against her under-insured motorist carrier, plaintiff appeals from two evidentiary rulings made by the trial judge, contending the judge…
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