Posts Tagged ‘New Jersey Criminal Law’
What should I do if I am identified as a defendant in a criminal investigation?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant argues that the identification procedure the police used was impermissibly suggestive because it involved multiple viewings of defendant’s photo, and the Critical Reach bulletin Vasquez saw in the police station contained a description of a crime that was similar to what Vasquez experienced. Defendant also argues that…
Read MoreState vs. Rosario: Is this an arrest or a field inquiry?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Rosario In this case the issue is whether the police’s contact and communications with the defendant was a ‘field inquiry’, a Terry stop, or a custodial interrogation? If difference depends on whether the subject of the inquiry, the defendant here, feels their freedom to leave have been…
Read MoreLegal Standard of Review of a Trial Court’s Motion to Suppress | State vs. Wilson
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 14-2-9404 State v. Winslow, App. Div. (per curiam) (13 pp.) When reviewing a motion to suppress, we “must uphold the factual findings underlying the trial court’s decision so long as those findings are supported by sufficient credible evidence in the record.” Handy, supra, 206 N.J. at 44 (citation…
Read MoreRight to Privacy in the Hotel Registration Sign In / Log book
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-9404 State v. Winslow, App. Div. (per curiam) (13 pp.) A long standing standard ‘slow night’ policing tactic includes an officer conducted a “registry check” at the neighborhood low end ‘motels’ or hotels in town looking for anyone with an outstanding warrant for arrest for any reason. In this…
Read MoreCriminal Resources related to State vs. Feliciano
Published by New Jersey Criminal Lawyer, Jeffrey Hark 2A:156A-8. Authorization for application for order to intercept communications The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a…
Read MoreState vs Wright: Intimidation and Psychological Tools Used by Police Prior to Miranda Warnings
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The key to this part of the decision is the appellate courts recognition of the psychological warfare tools used by the police to intimidate and cajole arrestees into admitting anything, anything between the time they are…
Read MoreState vs. Wright: Identification of the defendant by the victim at the scene
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The next issue in this case is the identification of the defendant by the victim at the scene. In 2011 the NJ Supreme Court handed down it surfing in State vs. Henderson. That decision outlined a…
Read MoreAppellate Review of Defendant’s Statement Without the Benefit of Miranda Warnings.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Wright 1) Appellate review of a trial court’s decision for out of court identification and a use of defendant’s statement without the benefit of miranda warnings. This court, as all, review facts and the law and the trial court’s written decision. The court then outlines…
Read MoreNew Jersey RULE 3:28. Pretrial Intervention Programs
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. A.S. Here is a brief review of the PTI standard and law governing the Prosecutor’s PTI program in New Jersey New Jersey’s PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court’s guidelines for implementation, set forth in Rule 3:28. Generally, individuals with no…
Read MoreDefinition of “Significant” Injury in an Assault Case
State vs. Regan Definition of “significant” Injury in an Assault Case — temporary loss of any bodily member or organ or ‘temporary loss of any one of the five senses.” Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there was a question of fact regarding what this individual defendant did to cause…
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