New Jersey RULE 3:28. Pretrial Intervention Programs

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. A.S. Here is a brief review of the PTI standard and law governing the Prosecutor’s PTI program in New Jersey New Jersey’s PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court’s guidelines for implementation, set forth in Rule 3:28. Generally, individuals with no…

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Prosecutorial Misconduct Can Be a Ground for Reversal

Prosecutorial misconduct can be a ground for reversal where the prosecutor’s misconduct was so egregious that it deprived the defendant of a fair trial. State vs. Regan   Appellate Division February 9, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case was won and or lost by the prosecutor based on several witness’ testimony…

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State v. Thorpe: Standard of Review by Appellate Court of Trial Court’s Determination

Appellate review of trial court determination  Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.)  This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal…

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Detention At Arrest Location For 6 Minutes Held Reasonable!

State v. Antoine D. Watts (A-21-14) (074556) Argued September 17, 2015 — Decided December 2, 2015 Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark New Jersey Supreme Court decision: The issue in this case is whether the second search of a defendant for 6 minutes after he was initially detained on a street corner…

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State vs. Witt — Blog #4 Issue Failure to Dim Headlights as Probable Cause

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. THE KEY TO THIS ARGUMENT:   THE DEFENDANT FAILED TO RAISE THIS ISSUE AT THE TRIAL LEVEL VIA A MOTION TO SUPPRESS THEREFORE THE APPELLATE COURT SHOULD NOT HAVE REVIEWED THE ISSUE:NEVERTHELESS, IMPLICIT IN THE ARGUMENT IS A HUGE INEFFECTIVE ASSISTANCE ARGUMENT! THE COURT OUTLINED THE FACTS PERTAINING…

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New Jersey Criminal Law: State v. DeLoach

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. CRIMINAL LAW 14-2-7499 State v. DeLoach, App. Div. (per curiam) (20 pp.) Issue: Facts presented to the court at a Motion to Suppress:  What is the court allowed to rely upon and base its decisions. Key Issue:  The court must make finds of fact and conclusions of credibility…

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State vs. Michael Maltese, NJ Supreme Court

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue:   Post Arrest invocation of right to an Attorney.  Was the defendant’s request to speak to his family during an interrogation enough to invoke his right to remain silent? Once you ask to speak to a family member, you have invoked your right to counsel in…

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