State v. O’Neal If the jury, during deliberations, asks to here trial testimony, do they have to hear the cross-examination also? NO. The court only has to play back what the jury clearly communicates to the Judge.

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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NJSA 2c:58-3(c) – 4 Permit to purchase a Handgun requirements, Concealed weapons permit and Police Chief discretionary decision Appealable to the Superior Court of New Jersey in the County where you reside.

IN THE MATTER OF THE APPEAL OF THE DENIAL OF DOUGLAS F. CIOLEK’S APPLICATION FOR A FIREARMS PURCHASER. On appeal from Superior Court of New Jersey, Law Division, Morris County, Docket No. L-0017-22. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Appellant Douglas F. Ciolek appeals from a March 14, 2018 Law Division order affirming the Township…

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New Jersey Supreme Court Dismisses Minor Municipal Court Warrants

If you have an outstanding arrest warrant for a municipal court case issued before 2003, your case may have been dismissed. Search dismissed cases here. Q. Was my case dismissed? Your case might be dismissed if: Your case is open, you failed to appear in court, and an arrest warrant was issued before Jan. 1,…

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Inappropriate comments by a prosecutor in his opening and closing statements leads to overturning murder convictions. What did the prosecutor say that was wrong?

State of New Jersey v Greene & Lewis New Jersey Appellate Division decision decide to January 28, 2019. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Simply put, in this case the prosecutor made reference to possible testimony from a witness who heard a confession by one of the defendants that he committed the shooting…

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One Lawyer, 194 Felony Cases and No Time

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Mr. Talaska was not outside the norm. Of the public defenders in Louisiana handling felony caseloads at that time, there were two dozen with even more clients. One had 413. Jack Talaska William Widmer for The New York Times The numbers alone might seem to violate the…

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Restitution hearings: A defendant’s requirements to pay restitution and his/her ability to pay.

STATE OF NEW JERSEY, Plaintiff-Respondent, v. GREGORY T. ISAZA,  Defendant  Decided January 25, 2019 SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue:  The court increase the defendant probation after the defendant was already sentenced and required defendant make restitution without a hearing to determine of the defendant has the ability to pay or to determine…

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Do NOT consent to give any DNA EVER!!!

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Coming Soon to a Police Station Near You: The DNA ‘Magic Box’ With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse.   BENSALEM, Pa. — They call it the “magic box.” Its trick is…

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Are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver is “unwilling driver to cooperate”

14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials  are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver…

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