Posts Tagged ‘New Jersey Criminal Law’
Have you been charged with a gun offense in New Jersey?
State v. Benjamin Appellate Division Decision decided September 2015 Have you been charged with a gun offense in New Jersey? Did your attorney apply for a Graves Act waiver and appealed the denial to the County Assignment Judge? What is the process? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey gun offenses are…
Read MoreThe Inadvertence Requirement From the Plain-View Doctrine
State v. Xiomara Gonzales November 12, 2016 NJ Supreme Court Decision Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Gonzales is one of two New Jersey Supreme Court decisions this week outlining a “Plainview doctrine” and the ability of the state to introduce evidence at the time of a suppression hearing or trial. This case…
Read MorePolice Plain View Doctrine in Your Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. If the police are lawfully called to your home for a domestic violence investigation are they allowed to walk around and perform a “safety sweep” in order to secure their safety while conducting a domestic violence investigation/call? The resounding answer is no! In this case the appellate…
Read MoreLatest discussion of a defendant’s ability to withdraw Guilty Plea
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Diaz. November 2, 2016 Several years ago the New Jersey Supreme court established a significantly greater burden when a defendant wants to withdraw his/her former guilty plea. Trial courts were required to advise defendants at the time of their plea that once the plea…
Read MoreEagles player charged for pot, gun after traffic stop
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. By JOSH CORNFIELD Associated Press A Philadelphia Eagles wide receiver was charged Tuesday with possession of a 9 mm handgun without a permit and having a small amount of marijuana after he was pulled over for speeding, according to a court complaint. Josh Huff was pulled over…
Read MorePolice Testimony Identifying Defendant in Video Ruled Improper
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This is a further affirmation by the Appellate Division that limits the police from using out of court identifications and hearsay information/testimony to bring evidence before a jury in a prejudicial manner. In this case, State of New Jersey vs. Cooper, the appellate division disapproved of the…
Read MoreHow the Use of Experts in Criminal Cases is Different from Experts in Civil Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Green Earlier this week we wrote a blog addressing the requirement for experts in civil cases to provide testimony regarding a defendant’s duty, breach of that duty, and the causal relationship to a plaintiff’s damage. These are civil burdens of proof the plaintiff is obligated…
Read MoreYour Rights and the Ability of Police to Search Hotel Rooms and Vehicles | State v. Shaw and Bolden
Were the police allowed to search my hotel room without me there?? Are the police allowed to threaten me with ‘bringing the dog’ to sniff my car? If I am threatened about the ‘bringing the dog’, did i give good consent? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Shaw and Bolden This…
Read MoreHow to Appeal From a PTI (Pretrial Intervention) Denial
State of New Jersey vs McDonald August 15, 2016. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division reversed a trial judge’s admission of a defendant into PTI after the prosecutor objected and denied defendant’s entry into their PTI program. The key to this decision is the judge’s ruling which…
Read MoreProposal for NOT shackling juveniles in family court proceedings
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey state Judiciary Juvenile Justice Committee has recommended that juveniles no longer be restrained when they are brought into court and appear in front of a judge. The following is the Committee recommendation report submitted to the rules committee. The concluding recommendation includes a Rule…
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