Posts Tagged ‘New Jersey Criminal Law’
At 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…
Read MoreWhen Do Criminal Witness Statements Have to be Produced to the State?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-1-3174 State v. Brian Tier, N.J. Sup. Ct. (Timpone, J.) (13 pp.) New Jersey’s Supreme Court recently decided a case regarding criminal witness statements. In the case, the defendant was charged with first-degree kidnapping, N.J.S.A. 2C:13-1, and first-degree criminal attempt to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-1,…
Read MoreWhen Seeking a Graves Act Waiver, Can I See the Prosecutor’s Files from Other Waivers?
State v. Kassey Benjamin (A-43-15) (076612) (April 5, 2017) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Supreme Court recently decided a case in which the defendant brandished a firearm during a verbal altercation. Although the gun was unloaded and the defendant did not point the gun at anyone, the defendant was still…
Read MoreMy Lawyer Denied My Request to Appeal My Criminal Conviction, Now What?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent case decided by New Jersey’s Appellate Division, a jury convicted the defendant of: the lesser-included offense of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) first-degree felony-murder, N.J.S.A. 2C:11-3(a)(3) first-degree armed robbery, N.J.S.A. 2C:15-1 fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) third-degree hindering apprehension or prosecution,…
Read MoreCan I Appeal My PTI Denial?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case which resulted in a rare reversal of a PTI denial. In State v. Denman, the defendant, a former Scotch Plains police officer, appealed from his conviction for third-degree attempted misapplication of funds, N.J.S.A. 2C:21-15 and 2C:5-1. The defendant…
Read MoreTroopers shoot, kill man at New Jersey Turnpike rest stop in Cranbury
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CRANBURY, New Jersey (WABC) — A man was shot and killed by state troopers at a rest stop on the New Jersey Turnpike Thursday. The shooting happened at about 2:45 p.m. at the Molly Pitcher Service Area in Cranbury. The New Jersey Attorney General’s Office said troopers…
Read MoreCan My Sentence be Made Harsher After-the-Fact?
(16-04-1150 ) State v. Hester, App. Div. (Decided March 23, 2017) Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark. 4 cases were recently consolidated for review by New Jersey Appellate Division. In each of the matters, an issue arose of whether it was a violation of the Ex Post Facto Clause of New Jersey’s…
Read MoreWhat is the Standard for Appellate Review for a Court’s Decision to Detain Me Before Trial?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The statute explicitly confers upon defendants a right to appeal an order of pretrial detention “pursuant to the Rules of Court” N.J.S.A. 2A:162-18(c) and “shall be heard in an expedited manner.” An appellate court “may find an abuse of discretion when a decision ‘rest[s] on an impermissible…
Read MoreWhat is the Significance of a Megan’s Law Tier Classification for the Purposes of Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The State is obligated to demonstrate the propriety of defendant’s tier classification by clear and convincing evidence. In re Registrant M.F., 169 N.J. 45, 54 (2001). For a Megan’s Law Tier analysis, the precise nature of his original offenses would have been considered. Many aspects of his…
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