Posts Tagged ‘New Jersey Criminal Law’
Restitution: Do I have to Pay it and does the court have to consider my ability to pay?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Restitution has become an additional area of criminal litigation in recent years. As a result the appellate courts have ruled that even if restitution has to be paid, the trial court must conduct a hearing addressing whether the defendant has the ability to pay given his/her particular…
Read MoreExtreme Risk Protective Order Statute Discussion
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Administrative Office of the Courts (AOC) has issued a proposed new rule to the Court Rules to effectuate the Emergent Preventive Order Statute that was recently enacted by the New Jersey legislature in 2018. This statute authorizes law-enforcement or any other interested party to…
Read MoreAnother Successful PTI Appeal
State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…
Read MoreJury hearing “Out of Court consistent Statements” of a police officer used bolster his credibility ruled reversible error warranting a new trial!
State of New Jersey vs RICHARD D. GRAY, JR. appellate division decided March 20, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant.…
Read MoreCan the police give a defendant his Miranda warnings in the car on the way to the police department captured on a mobile video recorder?
State of New Jersey v. Richard Gray Jr. Appellate Division decided March 20, 2019 Facts: At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant. Hemple knew there was an outstanding warrant for defendant.…
Read MoreSTREET-LEVEL SURVEILLANCE
Automated License Plate Readers (ALPRs) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Automated license plate readers (ALPRs) are high-speed, computer-controlled camera systems that are typically mounted on street poles, streetlights, highway overpasses, mobile trailers, or attached to police squad cars. ALPRs automatically capture all license plate numbers that come into view, along with the…
Read MoreCommercialized (In)Justice: Consumer Abuses in the Bail and Corrections Industry
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This National Consumer Law Center report examines the growing problem of consumer abuses by private companies profiting from the U.S. criminal legal system and mass incarceration, disproportionately affecting people of color and low-income people, and makes recommendations for reform. Related Resources NCLC lawsuit challenging an illegal kickback…
Read MoreMotor Vehicle Stop Based on a Mobile Data Computer
State v. Zamor New Jersey Appellate Division Monmouth County Decided March 18, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. So there’s several aspect of this cage which are really important to understand. Initially he must be noted that the police effectuated the motor vehicle stop based on a mobile data computer available to…
Read MoreThe police never told me what I was being charged with before or after I gave a statement, is this allowed?
I did not know what I was being charged with when the police read me my Miranda rights. The police never told me what I was being charged with before or after I gave a statement, is this allowed? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. One of the bedrock constitutional rights we have…
Read MoreObstruction of Justice conduct, Community – Caretaking job of the police and their intersection on a domestic violence call be the police
State v. Andrew J. Fede Decided March 12, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this appeal, the New Jersey Supreme Court reversed the appellate division decision and addresses head on whether defendant Andrew J. Fede violated the criminal obstruction of the administration of justice statute, N.J.S.A. 2C:29-1(a), when he refused to…
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