Posts Tagged ‘New Jersey Criminal Law’
Pretrial Detention Risk Assessment and Juvenile Records
14-2-2812 State v. C.W., N.J. Super. App. Div. (Sabatino, P.J.A.D.) (50pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey Appellate Division in which several issues under the new Bail Reform Act (the “Act”) were reviewed for the first time. Factual Circumstances In the case, a nineteen year…
Read MoreCan My Juvenile Record be Used as a Risk-Assessment for Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A defendant’s juvenile record is not considered as part of the new automated risk-assessment as part of the Bail Reform Act (the “Act”). However, Section 20 of the Act broadly authorizes the trial court to consider a defendant’s “past conduct” as one of the many permissible factors…
Read MoreTown Car flees scene of Route 80 accident
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A Lincoln Town Car fled the scene of a three-vehicle accident Sunday night on Route 80 in Mount Arlington, according to a New Jersey State Police report. No details were available Monday afternoon regarding the circumstances of the accident, which also involved a Nissan Sentra and a…
Read MorePolice: Intoxicated driver charged in crash that killed woman, injured her brother at bus stop in Verona
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. VERONA, New Jersey (WABC) — A New Jersey man is facing charges after a crash at a bus stop that killed a woman and injured her brother. The Essex County Prosecutor’s Office charged Anthony Casale Jr., 25, of Belleville, with first degree death by auto in connection…
Read MoreWhen Prior Psychiatric or Medical Records Can Be Used in Court
Submitted by Jeffrey Hark, New Jersey Criminal Defense Lawyer State v. Brandon Kane Can I get my girlfriend’s or boyfriend’s prior psychiatric or medical records and use them at trial to attack there credibility. There are two issues which must be addressed here. The first is criminal court Rule 3:13–3. First, the defendant cannot require the…
Read MoreWhat Are My Rights to Evidence for a Pretrial Detention Hearing?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Recently the New Jersey Superior Court implemented the final part of the State’s Bail Reform Act N.J.S.A. 2A:162-15 to -26 since it went into effect on January 1, 2017 and approved by voters and the legislature over 2 years ago. Now, when some is arrested there is…
Read MoreCan a Police Officer Follow Me Into My Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Supreme Court regarding a warrantless search of a defendant’s home. In the case, an officer responded to a noise complaint; essentially a municipal ordinance charge! The defendant was standing on the porch of his home when the officer showed…
Read MoreFailure to Turn Over Drugs and Failure to Make a Lawful Disposition to a Police Officer from a Motor Vehicle Stop
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. I have been charged with failure to turn over drugs (also Failure to make a lawful disposition) to a police officer from a motor vehicle stop. Is this a separate offense from possession of CDS. In this case the court ruled “failure to make lawful disposition” under N.J.S.A.…
Read MoreGet off of your phone! Your electronic communications can be used against you in the future.
State v. Hannah, NJ Appellate Division Decided December 20, 2016 Get off of your phone, stop Facebooking, stop texting, stop tweeting, stop sending Instagram photos. You could be in trouble if you don’t and what your electronic communications can be used against you in the future. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The…
Read MoreAs a parent should I cooperate with the police and instruct my child to voluntarily waive his Miranda rights?
Submitted by New Jersey Juvenile Crime Lawyer, Jeffrey Hark State v. D.N. As a parent should I cooperate with the police and instruct my child to voluntarily waive his Miranda rights? NO NO NO!!!! In this case a child was charged with a criminal offense. The under age juvenile was taken to…
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