Posts Tagged ‘New Jersey Criminal Law’
How much of my car can the police search if they pull me over and smell marijuana?
How much of my car can the police search when they pull me over and smell weed? Can they rip my car apart??? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The appellate division answer this question on December 12, 2017 in State v. Houston.The issue: did the search of your car once you were…
Read MoreCan I get into PTI for selling weed?
Did my lawyer do enough to try to get me into PTI? What are the factors to be considered to get me into PTI? If the prosecutor’s office rejects my application can I go before the Judge and ask him to allow me to get into PTI? Submitted by New Jersey Criminal Lawyer, Jeffrey…
Read MoreTips for a Successful Appeal from Municipal Court
I was just found guilty in Municipal Court and I want to appeal. What do I have to do to be successful to appeal from municipal court? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the appellate division reviews the standard of review of the Law Division judge when you appeal a…
Read MoreWhat if you are charged with stealing chewing gum in New Jersey?
Are you charged with stealing chewing gum? Is this your only criminal charge? Have you been criminally charged with interfering with the custody and visitation arising out of a family case? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a very peculiar case addressing whether a parent’s decision to not comply with a…
Read MoreHave you been pulled over for a motor vehicle violation and asked to get out of your car (in New Jersey)?
Have you been pulled over for a motor vehicle violation in the state of New Jersey? Have the police asked you to get out of your car? Are the police asking you lots of questions once you were out of your car? How far can the police go to ask you questions arising out of…
Read MorePregnancy and Pre-Trial Release Conditions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case (State v. Imani Williams) the Appellate Division reviewed and additional factor, a defendant’s pregnancy, under New Jersey’s recent Criminal Justice Reform Act, the new bail reform law. The court ruled that pregnancy should not be given any greater weight relative to other pre-trial release…
Read MoreIs a police officer allowed to promise “No Jail” in exchange for cooperation and a ‘voluntary’ statement?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. “If you talk with us and tell us what happened, we will get you counseling and promise you will not go to jail!!!” Is this lawful in New Jersey??? The key to this decision is a defendant’s decision to provide a statement after he was given his Miranda warnings. The…
Read MoreCan I get the Affidavit used to get a search warrant of my house?
State vs. Dickenson: Appellate Division July 5, 2017 Issue: Can I get the Affidavit used to get a search warrant of my house? How much discovery is the defendant entitled to at or before the pretrial detention hearing stage? Submitted by New Jersey Criminal Lawyer, Jeffrey Hary. In this case the defendant requested a copy…
Read MoreAt Trial, Prosecution Cannot Question a Defendant’s Right to Silence
14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) Published by New Jersey Criminal Lawyer, Jeffrey Hark. A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…
Read MoreNew Expungement Rules Became Effective June 1, 2016
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The New Jersey legislature has authorized a modified and accelerated expungement procedure for all municipal court charges that have been dismissed by way of trial and or court order. If you are charged with a municipal ordinance, disorderly persons offense, petty disorderly persons offense, your case…
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