Posts Tagged ‘new jersey criminal lawyer’
Commercialized (In)Justice: Consumer Abuses in the Bail and Corrections Industry
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This National Consumer Law Center report examines the growing problem of consumer abuses by private companies profiting from the U.S. criminal legal system and mass incarceration, disproportionately affecting people of color and low-income people, and makes recommendations for reform. Related Resources NCLC lawsuit challenging an illegal kickback…
Read MoreMotor Vehicle Stop Based on a Mobile Data Computer
State v. Zamor New Jersey Appellate Division Monmouth County Decided March 18, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. So there’s several aspect of this cage which are really important to understand. Initially he must be noted that the police effectuated the motor vehicle stop based on a mobile data computer available to…
Read MoreMy house was searched without a warrant and without any emergency circumstances!! How can the police do this?
STATE OF NEW JERSEY, IN THE INTEREST OF E.J., NEW JERSEY APPELLATE DIVISION Decided March 15, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Summary: This case arises out of Defendant EJ’s Motion to Suppress evidence found by the police when they were given consent to enter a home by third person. The defendant in this…
Read MoreThe police never told me what I was being charged with before or after I gave a statement, is this allowed?
I did not know what I was being charged with when the police read me my Miranda rights. The police never told me what I was being charged with before or after I gave a statement, is this allowed? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. One of the bedrock constitutional rights we have…
Read MoreObstruction of Justice conduct, Community – Caretaking job of the police and their intersection on a domestic violence call be the police
State v. Andrew J. Fede Decided March 12, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this appeal, the New Jersey Supreme Court reversed the appellate division decision and addresses head on whether defendant Andrew J. Fede violated the criminal obstruction of the administration of justice statute, N.J.S.A. 2C:29-1(a), when he refused to…
Read MoreWHAT ISSUES TO RAISE WHEN SUCCESSFULLY APPEALING A PTI DENIAL — HOW PROSECUTORS’ OFFICE’S ATTEMPT TO PREJUDICE A DEFENDANT DURING A PTI REVIEW
STATE V. JOSEPH P. BLANC, Argued January 23, 2019 – Decided February 6, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Middlesex County, PROCEDURE: The Middlesex County Prosecutor (prosecutor) appeals the order granting defendant admission into the Middlesex County Pretrial Intervention (PTI) Program over the prosecutor’s objection. We reverse the order and remand defendant’s…
Read MoreWarrantless Searches in New Jersey and Investigatory Stops How long can the police detain me without any ‘probable cause?
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…
Read MoreWhat is the “Exclusionary Rule for unlawfully obtained evidence in New Jersey?
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…
Read MoreWhat is an ‘unreasonable delay’ of a citizen by the police during an investigatory stop? Does a “Terry Stop” allow unlimited delay by the police in N.J.?
STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. SUMMARY: In this case, police officers responded to a simple noise complaint at a motel room. They arrived at the scene and did NOT issue any municipal ordinance summons for any violations because the renter of the room immediately…
Read MoreState v. O’Neal Pursuant to N.J.R.E. 607, “A prior consistent statement shall not be admitted to support the credibility of a witness except to rebut an express or implied charge against the witness of recent fabrication or of improper influence or motive
State v. O’Neal NJ Appellate Division Unreported Decision February 4, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: Defendant was arrested in Jersey City in the early morning hours of September 7, 2013. The facts pertinent to this appeal were adduced at trial through the State’s primary witness, Sergeant Keith Ludwig, a twenty-year veteran of…
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