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…
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…
STATE V. JOSEPH P. BLANC, Argued January 23, 2019 – Decided February 6, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Middlesex County, PROCEDURE: The Middlesex County Prosecutor (prosecutor) appeals the order granting defendant admission into the Middlesex County Pretrial Intervention (PTI) Program over the prosecutor’s objection. We reverse the order and remand defendant’s…
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. SUMMARY: In this case, police officers responded to a simple noise complaint at a motel room. They arrived at the scene and did NOT issue any municipal ordinance summons for any violations because the renter of the room immediately…
State v. O’Neal NJ Appellate Division Unreported Decision February 4, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: Defendant was arrested in Jersey City in the early morning hours of September 7, 2013. The facts pertinent to this appeal were adduced at trial through the State’s primary witness, Sergeant Keith Ludwig, a twenty-year veteran of…
State v. O’Neal NJ Appellate Division Unreported Decision February 4, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: Defendant was arrested in Jersey City in the early morning hours of September 7, 2013. The facts pertinent to this appeal were adduced at trial through the State’s primary witness, Sergeant Keith Ludwig, a twenty-year veteran of…
IN THE MATTER OF THE APPEAL OF THE DENIAL OF DOUGLAS F. CIOLEK’S APPLICATION FOR A FIREARMS PURCHASER. On appeal from Superior Court of New Jersey, Law Division, Morris County, Docket No. L-0017-22. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Appellant Douglas F. Ciolek appeals from a March 14, 2018 Law Division order affirming the Township…
If you have an outstanding arrest warrant for a municipal court case issued before 2003, your case may have been dismissed. Search dismissed cases here. Q. Was my case dismissed? Your case might be dismissed if: Your case is open, you failed to appear in court, and an arrest warrant was issued before Jan. 1,…
Legal Developments
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…