Posts Tagged ‘New Jersey Criminal Law’
Driving While Administratively Suspended May Remain Indictable Offense
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Perry et. al. is a case against several defendants that was consolidated for decision because the same legal issues were at play in all of the cases. It has to do with N.J.S.A. 2C:40-26(a)(b) which makes driving while suspended a fourth degree criminal offense with…
Read MoreDon’t Wait on Miranda to Protect You
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…
Read MoreSniffing Around: Traffic Stops May Not Be Extended for Narcotics Dogs
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. It’s just after midnight on a Tuesday morning in March of 2013. A Nebraska police officer spots a vehicle driving along the shoulder of a highway in violation of traffic law. He pulls the vehicle over, checks the driver’s licenses of the operator and passenger, and issues…
Read MoreSecond-Degree Crimes Often Prevent A Second Chance Through PTI
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark State v. Waters decided January 30, 2015 by the Appellate Division is yet another case that shows the consequences of either not understanding or ignoring concealed carry/automobile weapons laws in New Jersey. The case also helps readers understand Pre-Trial Intervention a little bit better. The defendant…
Read MoreEvidence Necessary to Obtain a New Criminal Trial | State of New Jersey vs. Sean Taliaferro
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In order to successfully obtain a new criminal trial, based on new evidence, the defendant must show: that “the evidence is 1) material, and not ‘merely’ cumulative, impeaching, or contradictory; 2) that the evidence was discovered after completion of the trial and was ‘not discoverable by reasonable…
Read MoreRule 404(b) Unable to Introduce Evidence of a Crime when Defendant Deemed Not Guilty
State vs. J.M. – submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division ruled that Rule 404(b), evidence of other crimes, does not allow the the State to introduce evidence to a jury of a crime which a defendant has been found not guilty. In this very lengthy and detailed opinion the…
Read MoreSome Limited Searches Aimed at Identification Do Not Violate Fourth Amendment Rights
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Vehicle Search After Accident to Identify Unconscious Driver State v. Sidorek decided October 7, 2014 is an appeal by the State of a motion to suppress that was granted in a vehicular homicide case. The relevant facts of the case are that an officer arrived at the…
Read MoreCumberland County man sentenced to 19 years in crash that killed Millville police officer
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here. BRIDGETON — Timothy Seidel, the Laurel Lake man responsible for a crash that killed Millville Police Officer Christopher Reeves and injured another officer during a police pursuit in 2012, was sentenced to 19 years in state prison Friday at the Cumberland County Courthouse. Family, friends, law…
Read MorePretrial Intervention Program – Judicial Review of PTI Decisions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark STATE VS. JUSTIN LEE (APP. DIV 2014) This case addresses the standard of review for a trial court when reviewing a prosecutor’s denial of PTI (Pretrial Intervention). The issue in this case are facts submitted to the trial court and a plenary hearing from witnesses regarding the…
Read MoreMan gets 19 years in death of Millville policeman
Submitted by Jeffrey Hark, New Jersey Criminal Attorney representing Timothy Seidel Originally published here by Press of Atlantic City BRIDGETON — Timothy Seidel was sentenced Friday to 19 years in state prison for causing the on-duty death of Millville police officer Christopher Reeves and the severe injuring of a fellow patrolman two years ago. Superior…
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