Posts Tagged ‘new jersey criminal lawyer’
Standard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…
Read MoreThe ability of the police dog to testify in court
Issue: The ability of the police dog to testify, and what the state need to do to insure that the police dog’s actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because…
Read MoreNew Jersey’s 2016 revisions to their expungement statute and applications for expungements
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On January 8, 2019 New Jersey Supreme Court takes an additional steps towards reforming the criminal justice system with this decision addressing New Jersey’s 2016 revisions to their expungement statute and applications for expungements for defendants who have successfully completed drug court. Relying on the 2016 revisions…
Read MoreVideo Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?
State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…
Read MorePlain view of a gun found in a car — What is “plain view”?
STATE OF NEW JERSEY v. LEE M. TRAVERS, Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed: Plain view of a gun found in a car—— What is “plain view”? FACTS: The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…
Read MoreWhat is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…
Read MoreApplication of D.B. For A Firearms Purchaser Identification Card and Permit to Purchase a Handgun
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal…
Read MoreState v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested
State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…
Read MoreKelly v. Gwinnell–“The New Jersey (Minority) Rule for Social Host Liability”
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193 Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…
Read MorePCR Motion and the Need for a hearing with testimony.
I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…
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