Withdrawing a Guilty Plea. How to do this and what you need to do to be successful

February 1, 2019

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark I plead Guilty to a charge and now want to withdraw that guilty plea due to some significant changes in factual circumstances! How do I do this and what do I need to do to be successful with the Motion to withdraw my Guilty Plea? STATE OF…

Inappropriate comments by a prosecutor in his opening and closing statements leads to overturning murder convictions. What did the prosecutor say that was wrong?

January 31, 2019

State of New Jersey v Greene & Lewis New Jersey Appellate Division decision decide to January 28, 2019. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Simply put, in this case the prosecutor made reference to possible testimony from a witness who heard a confession by one of the defendants that he committed the shooting…

Do NOT consent to give any DNA EVER!!!

January 24, 2019

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…

The ability of the police dog to testify in court

January 15, 2019

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…

Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?

January 8, 2019

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,…

What 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 ??

December 31, 2018

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…

CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT?

December 23, 2018

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…

PCR Motion and the Need for a hearing with testimony.

December 9, 2018

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…

When can I get off of New Jersey’s Community Supervision for Life (“CSL”) Law?

December 9, 2018

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…

State police: Crime down sharply in Camden

October 10, 2018

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…