Posts Tagged ‘New Jersey Criminal Law’
Why Not to Accept a Plea Bargain
Submitted by New Jersey Criminal Attorney, Jeffrey Hark DEFENDANTS WHO ARE INNOCENT OR HAVE BEEN DENIED THEIR RIGHTS OF DUE PROCESS SHOULD REFRAIN FROM ACCEPTING PLEA BARGAINS This article will discuss why it is rarely in your interest to plead guilty or accept a plea bargain in a criminal case if you are innocent of…
Read MoreReview of State vs R.P. | Confessions Must Be Voluntary to be Admissable
Review of State vs. R.P. by New Jersey Criminal Attorney, Jeffrey Hark The subject matter at issue in the knowing and voluntariness of a defendant’s video and audio statement that is being offered at the time of trial. In every case the court MUST conduct a Rule 104 hearing to determine if, at the time…
Read MoreNew Jersey Criminal Law and Expert Testimony – Net Opinion
14-2-1653 State v. Granskie, App. Div. (Reisner, P.J.A.D.) (21 pp.) The use of expert testimony in this case by the defense stepped on the toes of the jury and overstepped his authority. The state of the law allows the defendant the right to present expert testimony concerning his heroin addiction and withdrawal symptoms and the potential impact of…
Read MoreHeightened Attention from Police – State v. Moss, A-1080-11T2 (App. Div.)
State v. Moss, A-1080-11T2 (App. Div.) On March 21, 2013, the Appellate Division affirmed the denial of the defendant’s suppression motion. On May 9, 2009, police were traveling in an unmarked car in an area of high crime and narcotic activity. The officers were wearing the modified uniform consisting of jeans, a t-shirt with police…
Read MoreWarrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)
State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…
Read MoreImproper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)
State v. Shaffona Morgan (A-119-11) On August 8, 2013 the New Jersey Supreme Court affirmed the conviction of Shaffona Morgon for second-degree aggravated assault, fourth-degree aggravated assault and possession of a handgun for an unlawful purpose. On November 24, 2005, the defendant had an altercation with deli store owners after she purchased a Boost Mobile…
Read MorePolice Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court
State v. Thomas W. Earls (A-53-11) NJ Supreme Court On July 18, 2013 the New Jersey Supreme Court reversed the conviction of Thomas W. Earls because police needed a warrant to obtain his location via his cell phone. On January 26, 2006, the police filed a complaint against the defendant for receiving stolen property and…
Read MoreRejection of Fifth Amendment Claim – Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court
Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court On June 17, 2013, the U.S. Supreme Court affirmed the judgment of the Texas Court of Criminal Appeals rejecting petitioner’s Fifth Amendment claim. On December 18, 1992 two brothers were shot and killed in their Houston home. Police recovered six shotgun casings at the scene and…
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