Posts Tagged ‘New Jersey Criminal Law’
Do NOT consent to give any DNA EVER!!!
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Coming Soon to a Police Station Near You: The DNA ‘Magic Box’ With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse. BENSALEM, Pa. — They call it the “magic box.” Its trick is…
Read MoreThe ability of the police dog to testify in court
Issue: The ability of the police dog to testify, and what the state need to do to insure that the police dog’s actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because…
Read MoreVideo Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?
State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…
Read MoreWhat is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…
Read MoreCAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT?
US V. MCCANTS 3RD CIRCUIT FEDERAL COURT DECISION — CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT? 2016 WL 4705452 United States District Court,D. New Jersey. US v. Ibrahim McCants, Defendant. Salas, District Judge. Pending before the Court are Defendant Ibrahim McCants’s motion to suppress. For…
Read MorePCR Motion and the Need for a hearing with testimony.
I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…
Read MoreWhen can I get off of New Jersey’s Community Supervision for Life (“CSL”) Law?
When does the 15 year time period clock start to run for CSL Law in New Jersey? Is CSL different than Megan’s law? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: J.M. and H.D. were convicted of sex offenses, see N.J.S.A. 2C:7-2(b), in 1994 and 1998 respectively, and sentenced to periods of probation. Pursuant…
Read MoreState police: Crime down sharply in Camden
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. CAMDEN – The city’s streets grew safer over the first nine months of 2018, with double-digit percentage drops for murders and four other major crimes, New Jersey State Police statistics show. But the lower figures, which mirrored a statewide improvement, also indicated Camden residents remained more vulnerable to…
Read MoreTeacher Charged with Luring – September 15, 2018
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Jonathan Liano, 38, of Sicklerville in Winslow Township, believed he was chatting with a 14-year-old girl he met online. However, the fifth-grade teacher had actually been sending sexually explicit messages to an undercover detective working with the Camden County Prosecutor’s Office High-Tech Crimes Unit (HTCU). The investigation…
Read MoreLegalize marijuana New Jersey – News flash: Prior Conviction Expungements
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This month’s recent modified proposed legislation for marijuana legalization in New Jersey has included the automatic right for every person with a prior possession of marijuana charge to obtain an expungement. However the key Provision in the most recent proposed legislation is the fact that the defendant,…
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