The police never told me what I was being charged with before or after I gave a statement, is this allowed?

March 13, 2019

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…

Obstruction of Justice conduct, Community – Caretaking job of the police and their intersection on a domestic violence call be the police

March 13, 2019

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…

WHAT ISSUES TO RAISE WHEN SUCCESSFULLY APPEALING A PTI DENIAL — HOW PROSECUTORS’ OFFICE’S ATTEMPT TO PREJUDICE A DEFENDANT DURING A PTI REVIEW

February 7, 2019

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…

Warrantless Searches in New Jersey and Investigatory Stops How long can the police detain me without any ‘probable cause?

February 6, 2019

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…

What is the “Exclusionary Rule for unlawfully obtained evidence in New Jersey?

February 6, 2019

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…

What is an ‘unreasonable delay’ of a citizen by the police during an investigatory stop? Does a “Terry Stop” allow unlimited delay by the police in N.J.?

February 6, 2019

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 Pursuant to N.J.R.E. 607, “A prior consistent statement shall not be admitted to support the credibility of a witness except to rebut an express or implied charge against the witness of recent fabrication or of improper influence or motive

February 5, 2019

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 If the jury, during deliberations, asks to here trial testimony, do they have to hear the cross-examination also? NO. The court only has to play back what the jury clearly communicates to the Judge.

February 5, 2019

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…

NJSA 2c:58-3(c) – 4 Permit to purchase a Handgun requirements, Concealed weapons permit and Police Chief discretionary decision Appealable to the Superior Court of New Jersey in the County where you reside.

February 3, 2019

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…

New Jersey Supreme Court Dismisses Minor Municipal Court Warrants

February 1, 2019

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,…