Posts Tagged ‘new jersey criminal lawyer’
Field Inquiry by police or investigative detention?
Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with…
Read MoreState v. Phillips
State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…
Read MoreState v. Graham
State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…
Read MoreCAN THE POLICE COME INTO MY HOTEL ROOM??
State v. Phillips New Jersey Appellate Division November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue: When and how can the police come into my hotel room?? It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…
Read MoreJudge’s Power at a Sentencing Hearing
Judge’s Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge’s power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions consist with the criminal code,…
Read MorePTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL
State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…
Read MoreNew Jersey Appellate Division decision October 24, 2019 what are the police allowed to do with a narcotic dog and searching a vehicle?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case is an Extension of the New Jersey Supreme Court decisions and Witt and Dunbar. The court here found the trial judge made an error of law when he opined that the hit by a narcotics dog required the police to obtain a search warrant to…
Read MoreMoral Turpitude…. What is it???
STEVE JONES, v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, October 18, 2019 New Jersey Appellate Division NOT Approved for Publication Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case involves a Millville police officer applying for a accidental disability pension which was denied due to several reasons. However, the court undertook a review of…
Read MoreBuccal Swab to match Handgun DNA | Summary: State v. Browne
State v. Browne Docket No. A-0371-17T1 Issue: The issue in this case is whether the trial court erred in granting the State’s pretrial application to obtain a buccal swab from the defendant to extract a sample of his DNA. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 1:00 a.m. on April 19,…
Read MoreNew Jersey vs. Bing PTI Rejection Review
STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue: Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts: Defendant was indicted…
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