State v. DeSantis – Issue Statute of Limitations for Distribution of Illegal Illegal Porn Videos In NJ For a Sex Crimes Prosecution

May 28, 2013 |

The New Jersey Appellate Division has reiterated  that the statute of limitations for the prosecutions of distributions of illegal pornography commences on the date the defendant actually distributed same, not the date of the age of the minors or the date the photos were taken.  The child pornography statute specifically reads that the time to…

Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)

May 28, 2013 |

FEDERAL COURT CRIMINAL LAW — CORRECTIONS Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)   Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark The 3RD CIRCUIT HAS affirmed the trial court’s dismissal of a  CRIMINAL DEFENDANT’S TRANSFER TO THE Adult Diagnostic and Treatment Center.  Plaintiff,a state prison inmate, appeals the…

Timothy Seidel Denied Bail Reduction in Case Involving Death of Millville Police Officer

May 18, 2013 |

Submitted by Jeffrey Hark of the Hark and Hark Law Offices BRIDGETON — Timothy Seidel, the Commercial Township man charged in connection with the death of Patrolman Christopher Reeves, was denied a reduction in his bail Friday at the Cumberland County Courthouse. Seidel, 24, of Laurel Lake was indicted on May 8, by a Cumberland County…

Divided Court Strikes Down Law on Drunk Driving Blood Tests

April 18, 2013 |

Tony Mauro The National Law Journal 04-17-2013  Posted by New Jersey DWI Lawyer, Jeffrey Hark A divided Supreme Court on Wednesday struck down a Missouri law that allowed police routinely to force drunk-driving suspects to give blood samples without a warrant and without consent. A 5-4 majority agreed that the inevitable dissipation of alcohol from…

Criminal Law — Drunk Driving

April 17, 2013 |

Published by New Jersey DWI Attorney, Jeffrey Hark. https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/   14-2-9400 State v. Choi, App. Div. (per curiam) (13 pp.) Defendant, who was arrested for a variety of traffic offenses and pled guilty to driving while intoxicated, appeals the denial of his motion to suppress the evidence of his refusal to submit to a breath…

Drug Evidence found in the Warrantless Search

April 11, 2013 |

State v. Walker, A-49-11. Posted by drig crime defense pawyer, Jeffrey Hark. https://www.criminalcivillawyer.com/ Smoking pot while answering one’s front door, then tossing the evidence when seeing it’s the police, creates probable cause to search under the plain-view and exigent-circumstances doctrines, the state Supreme Court says. The justices reversed an Appellate Division ruling that suppressed drug…

Dram Shop Defense

March 8, 2013 |

Today the  New Jersey Appellate Division ruled in the case Halvorsen vs. Villimil A-1306-11 addressing plaintiff evidentiary burden to produce eye witnesses under New Jersey’s Dram Shop statute.  The court opined that the lack of eye witness testimony is not fatal to plaintiff’s claim and would not entitle defendant to Summary Judgment as a matter…

25 People Arrested in NJ Child Porn Sting

March 1, 2013 |

25 People Arrested in NJ Child Porn Sting The suspect’s range in age from 17 to 66 years old. By Kelly Bayliss and Monique Braxton Posted by: Sex Crime Attorney, Jeffery Hark on behalf of NBC10 Philadelphia NBC10.com – Monique Braxton After a three-month investigation, officials arrested more than two dozen men in a statewide…

Denial of Due Process

February 8, 2013 |

On February  7, 2013, the New Jersey Appellate Division decided the case State v. Gibson  (Docket No. A-5163-10T2) and found that the municipal court erred by relying on evidence from a suppression hearing during defendant’s trial on the merits. By doing this, the defendant was denied his due process rights. Posted by: New Jersey Criminal…

Proposed Changes to New Jersey Drunk Driving Law

February 8, 2013 |

Major Changes Proposed to New Jersey Drunk Driving Law   Submitted by NJ DWI Lawyer, Jeffrey Hark. Senate Bill 2427 introduced on January 8, 2013 would require all drunk driving offenders to install an ignition interlock devicein any motor vehicle that he or she owns, leases, or primarily operates for a set duration. If the drunk…