Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones

April 28, 2014

Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…

New Jersey DWI and Aggravated Manslaughter – First Degree Charge

April 11, 2014

Submitted by New Jersey DWI and Criminal Lawyer, Jeffrey Hark 14-2-3474 State v. Liepe, App. Div. (per curiam) (11 pp.) The serious issue presented in this case is the prosecutor’s decision to charge an individual with aggravated manslaughter, a first degree charge exposing the defendant to a possible jail term between 10-20 years in New…

Grant of PTI to Embezzling Lawyer To Help Pay Back Victims Reversed

April 3, 2014

A trial court’s grant of pretrial intervention to a N.J. lawyer who admitted misappropriating $100,000 from investors—explicitly so that he could keep working to pay them back—didn’t stand up on appeal. The judge’s decision that letting Middletown solo Philip Leone stay out of jail would be in the best interests of his creditors was predicated…

Supreme Court Committee Calls for Major Changes to Criminal Justice Process | Bail Administration

March 20, 2014

Supreme Court Committee Calls for Major Changes to Criminal Justice Process The Supreme Court today released the report of the Joint Committee on Criminal Justice. The report calls for significant changes in the way bail is administered and for the enactment of a speedy trial law. The committee, established in June 2013 by Chief Justice Stuart…

Why Not to Accept a Plea Bargain

March 15, 2014

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…

Review of State vs R.P. | Confessions Must Be Voluntary to be Admissable

January 13, 2014

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…

New Jersey Criminal Law and Expert Testimony – Net Opinion

October 18, 2013

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…

Heightened Attention from Police – State v. Moss, A-1080-11T2 (App. Div.)

August 28, 2013

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…

Warrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)

August 26, 2013

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…

Improper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)

August 23, 2013

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…