What is the New Assessment Process for Pretrial Detention?

March 24, 2017 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new Bail Reform Act (the “Act”), which has been in effect since January 1, 2017, is now being analyzed by New Jersey Courts. Part of the Act is the new automated risk-assessment process in deciding whether pretrial detention is appropriate.  The automated process gathers information about…

Read More

What Does the Prosecutor have to Prove for Pretrial Detention?

March 23, 2017 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The new system in the Bail Reform Act favors pretrial release and monitoring as the presumptive approach and limits preventive detention to defendants who actually warrant it.  Nonetheless, the trial court remains authorized, upon motion of a prosecutor, to order pretrial detention of a particular defendant when…

Read More

Pretrial Detention Risk Assessment and Juvenile Records

March 22, 2017 |

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 More

Can My Juvenile Record be Used as a Risk-Assessment for Pretrial Detention?

March 22, 2017 |

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 More

Town Car flees scene of Route 80 accident

March 21, 2017 |

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 More

When Prior Psychiatric or Medical Records Can Be Used in Court

March 9, 2017 |

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 More

What Are My Rights to Evidence for a Pretrial Detention Hearing?

February 17, 2017 |

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 More

Can a Police Officer Follow Me Into My Home

January 17, 2017 |

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 More