Mandatory Drug Court and Significant Threat to The Community Ruling

May 1, 2018 |

I applied for mandatory drug court in New Jersey and the prosecutor objected to my participation ruling that I was a “significant threat to the community”. I do not want to go to jail, have a drug problem and want to participate in drug court. How can I get into the program? Submitted by New…

Can the police search my car based on the smell of marijuana

April 27, 2018 |

Should I sign the consent search form  and agree to let the police  search my car with my daughter there only because the police told me they were going to get a warrant anyway?  The cop said “it would be a lot easier if you just allowed me to search the car, We’re going to…

What is a “Graves act” offense”?

April 24, 2018 |

Is there a difference between the legal requirement for “a permit to carry a weapon” in New Jersey and the legal requirements needed for first obtaining ‘a firearms purchasing ID card’ before possessing a weapon under the criminal code for convection? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant was…

In the Matter of Oladipo, N.J. Super. App. Div. ALJ Decision reviewed by Appellate Division

April 24, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case we discuss the Appellate Division’s ability to review any Administrate Law Judge’s decision.  The case law on this issue is very clear, yet every once in a while, the court has to address this again.  The case is about discipline/firing a state employee who appealed a disciplinary…

State v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress

April 22, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play.  I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result.  Now I will be discussing the standard of review performed by the appellate division of the…

State v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO)  is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…

State v. Hemeway: Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO)  is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…

Cherry Hill Man Charged with Possession of Child Pornography – April 17, 2018

April 17, 2018 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark Office of the Prosecutor Camden County has posted a new item, ‘Cherry Hill Man Charged with Possession of Child Pornography – April 17, 2018’ Timothy Ronaldson, 35, of Cherry Hill, was charged with Possession of Child Pornography according to Camden County Prosecutor Mary Eva Colalillo and Cherry…

Do I have to spend the entire six months in jail if I am convicted of driving while suspended for a second or greater time during a DWI suspension?

April 15, 2018 |

The New Jersey appellate division, in an approved for publication decision, ruled the trial court does not have any discretion to allow a defendant to show up for “nightly incarceration”. The appellate division affirmed the legislature’s mandate of a fixed term of 180 days for the 4th° offense without parole eligibility. In this case the…

What is the penalty for an illegal search of my car?

April 11, 2018 |

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…