Posts Tagged ‘fourth degree crime’
YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINIATION
State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State v.…
Read MoreDefendants can be forced to turn over phone passcodes, N.J.’s highest court rules
State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…
Read MoreKidnapping Under the Statute While a Sex Assault Occurred
State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…
Read MoreState v. Hreha and Motions to Suppress
State v. Hreha Appellate Docket No.: A-2744-19T3 Decided July 21, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division overturned a trial court’s suppression of evidence recovered from an overdose victim’s cellphone which included text message from defendant implicating him in a drug deal that led…
Read MoreState v. Davis | On the Pitfalls of Sharing a Lawyer
State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…
Read MoreNo Way Out of Jail For Driving While Suspended For DWI. Period.
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If you are caught driving while your license is suspended for a second or subsequent DWI you will go to jail. There is no way around this whether through the Drug Court program. This requirement speaks to the public policy of protecting the public from drunk drivers.…
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