Posts Tagged ‘New Jersey Criminal Law’
What does New Jersey Law Enforcement have to do to get your cell phone records?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: What does New Jersey Law Enforcement have to do to get your cell phone records?? Do they have to get a warrant signed off by a judge or is a Grand Jury Subpoena enough? The New Jersey Supreme Court decides law enforcement needs to get…
Read MorePolice Arrest Prompted by High Beam Usage Rejected – State of New Jersey versus Scriven
Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in order to effectuate a motor…
Read MoreState v. Smith New Jersey Appellate Division case July 5, 2016
Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977). This case…
Read MoreStandard of review for reviewing a trial judge’s decision to suppress evidence based on a warrant last search.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. These are the factual issues you have to be aware of when your attorney is at trial and or add a motion to suppress. These are the issues they trial judge looks for and appellate courts review to determine if the trial judge exercise proper discretion. State…
Read MoreAt least 14 killed during N.J.’s wild and deadly Memorial Day weekend
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Emergency responders and emergency rooms all over New Jersey were busy this holiday weekend following a spate of shootings, car crashes, falls and people being hit by vehicles. At least 13 people were killed from Friday night through Monday and dozens of others hurt in incidents ranging from…
Read MoreJuvenile Criminal Record Can Impact Admittance to Adult PTI (Pre Trial Intervention) Program
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Key to this case: Although a juvenile record is sealed when an individual turns 18, that record can be used by a prosecutors office, trial court, and appellate Court when a defendant is denied entry into the adult PTI program. Facts: In this case the defendant was…
Read MoreNew Criminal Court Procedure if You are Arrested in New Jersey After May 20, 2016
New criminal court procedure if you are arrested after May 20, 2016: There are substantial changes to the New Jersey criminal court procedure for all indictable offense is an all complaint/summons cases. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This blog we will discuss the changes and procedure for indictable offense is that becomes…
Read MoreTexting and Driving? Watch Out for the Textalyzer
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Over the last seven years, most states have banned texting by drivers, and public service campaigns have tried an array of tactics — “It can wait,” among them — to persuade people to put down their phones when they are behind the wheel. Yet the problem, by…
Read MoreMinor Vehicle Equipment Problems Can Lead to Criminal Convictions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Between the use of license plate readers and police officers attempting to pull motor vehicle operators over for any possible reason you have to get every equipment problem in your car fixed immediately. This is especially true if you were driving while suspended due to other traffic…
Read MoreN.J. law requiring police-car cameras ruled unconstitutional
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. TRENTON – A 2014 law requiring all New Jersey municipalities to outfit new police patrol cars with dashboard cameras is unconstitutional because it does not provide an adequate funding source, a state board ruled Wednesday. The ruling by the Council on Local Mandates on a challenge brought…
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