Posts Tagged ‘new jersey criminal lawyer’
What is the penalty for an illegal search of my car?
If the police search my car what happens at a “Suppression” hearing? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: In a blog I wrote yesterday the court ruled the Ocean County/Lakewood NJ police preformed an illegal search of a defendant’s car. Now that the court ruled the search was illegal…
Read MoreCan the police search my car before they get a warrant?
Can the police pull me over for no reason and get a search warrant to search my car, belongings bag, and other items after the fact? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: “Search warrants are prospective in nature — they authorize the taking of action. A later-obtained…
Read MoreCan police walk up and search me based on an anonymous tip?
What do the police need to do to verify any anonymous tip or “crimestoppers” call? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses what the police need to confirm any anonymous phone call to a crimestoppers hotline regarding a person committing a crime. In this case a ‘Crime-Stoppers’ call came in about…
Read MoreCan the police search my bag in the Police Department? The Legality of an Inventory Search
The police went through my pocketbook without reading me my Miranda rights were “arresting me“ are they allowed to do that? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This important aspect of this case has to do with whether a “inventory search” which took place with this defendant when she was brought to a…
Read MoreAppealing Denial into PTI (Pretrial Intervention) – STATE OF NEW JERSEY v. U.S.G.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this PTI case the appellate panel ruled that the county prosecutor’s office abused their discretion when it denied this defendant admission into their PTI program. PTI is Pretrial Intervention. Have you been denied PTI? Are you entitled to PTI? Will the criminal charge and possible criminal…
Read MoreI was denied PTI! I want to appeal! How do I do it and how can I win?
What do you need to tell a judge, “Let me into PTI over the Prosecutor’s Objection!” I need PTI so I do not loose my job! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUES: The key to this case is the fact that the defense attorney presented as much information regarding his client’s current and past life…
Read MoreMiranda Issues and Cell Phone Search Issues
Issue: Did a Hispanic individual make a knowing and voluntary waiver 1) of his right to remain silent and2) not consent to a search of his ‘entire’ cell phone and ‘all its systems’? What is the State’s burden of proof required “in order to admit the defendant’s statement at the time of trial and the evidence…
Read MoreWhat do the police need to tell a judge in order to get a Search Warrant of my house?
How can the police come in a search my house and a judge issue a warrant?? What is the process to get a search warrant of my home? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The foundation argument is that: “A search that is executed pursuant to a warrant is “presumptively valid,” and a…
Read MoreWhat happens if you are charged with a Violation of Probation, a “VOP”?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Have you been charged with violating your probation? Are you on probation and had a positive drug test? Can My probation be violated for not paying restitution or not complying with the ‘minor’ terms of probation? Lots of people have questions regarding their probation status and what…
Read MoreState v Hicks & Rice – Do You Have to Cooperate when Police Approach You?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark What is the state of the law and can the police come up to you and talk to you. Do you have to cooperate? NO!!! The police can keep you, and ‘not allow you to leave’ only if they have a particularized suspicion that there is criminal…
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