Evidentiary proofs required by New Jersey courts to prove DWI cases

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In the next series of blogs my office is going to discuss the current status of evidentiary proofs required by New Jersey courts to prove DWI cases as New Jersey moves toward allowing personal use possession and consumption of marijuana once Chris Christie […] Read more »

Are the police allowed to threaten and actually bring a canine to a motor vehicle stop for a ‘sniff’ of a car?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Our New Jersey Supreme Court decided on July 10, 2017 that New Jersey police can bring a dog to a motor vehicle stop without reasonable suspicion so long as the dog sniff does not prolong the stop beyond the time required to […] Read more »

Is a police officer allowed to promise “No Jail” in exchange for cooperation and a ‘voluntary’ statement?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. “If you talk with us and tell us what happened, we will get you counseling and promise you will not go to jail!!!”  Is this lawful in New Jersey??? The key to this decision is a defendant’s decision to provide a statement after he was […] Read more »

Can Police Bring a Dog to a Motor Vehicle Stop? State of New Jersey v. Dunbar

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark New Jersey Supreme Court decided July 10, 2017 that New Jersey police can bring a dog to a motor vehicle stop without reasonable suspicion so long as the dog sniff does not prolong a good Jetta meant proposed a traffic stop. In […] Read more »

At Trial, Prosecution Cannot Question a Defendant’s Right to Silence

14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) Published by New Jersey Criminal Lawyer, Jeffrey Hark. A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This […] Read more »

New Expungement Rules Became Effective June 1, 2016

Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The New Jersey legislature has authorized a modified and accelerated expungement procedure for all municipal court charges that have been dismissed by way of trial and or court order. If you are charged with a municipal ordinance, disorderly persons offense, petty […] Read more »

At Trial, Prosecution Cannot Question a Defendant’s Right to Silence

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This […] Read more »