Pretrial Detention Risk Assessment and Juvenile Records

14-2-2812 State v. C.W., N.J. Super. App. Div. (Sabatino, P.J.A.D.) (50pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey Appellate Division in which several issues under the new Bail Reform Act (the “Act”) were reviewed for the first time. Factual Circumstances In the case, a nineteen year…

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Can My DNA be Taken in Jail While I Await Trial?

14-2-2814 State v. Gathers, N.J. Super. App. Div. (Fisher, P.J.A.D.) (13pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A case was recently decided by New Jersey Appellate Division in which the Court ruled a buccal (mouth) swab, taken from a defendant while he awaited trial, was unreasonable. In this case, the defendant was charged with second-degree…

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Town Car flees scene of Route 80 accident

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A Lincoln Town Car fled the scene of a three-vehicle accident Sunday night on Route 80 in Mount Arlington, according to a New Jersey State Police report. No details were available Monday afternoon regarding the circumstances of the accident, which also involved a Nissan Sentra and a…

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When Prior Psychiatric or Medical Records Can Be Used in Court

Submitted by Jeffrey Hark, New Jersey Criminal Defense Lawyer State v. Brandon Kane Can I get my girlfriend’s or boyfriend’s prior psychiatric or medical records and use them at trial to attack there credibility.  There are two issues which must be addressed here. The first is criminal court Rule 3:13–3. First, the defendant cannot require the…

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What Are My Rights to Evidence for a Pretrial Detention Hearing?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Recently the New Jersey Superior Court implemented the final part of the State’s Bail Reform Act N.J.S.A. 2A:162-15 to -26 since it went into effect on January 1, 2017 and approved by voters and the legislature over 2 years ago. Now, when some is arrested there is…

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Can a Police Officer Follow Me Into My Home

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Supreme Court regarding a warrantless search of a defendant’s home. In the case, an officer responded to a noise complaint; essentially a municipal ordinance charge! The defendant was standing on the porch of his home when the officer showed…

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