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 »

Anonymous Tips and Warrant-less Search | New Jersey Criminal Law

Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark 14-2-3345 State v. Hunter, N.J. Super. App. Div. (per curiam) (10 pp.) Defendant appealed the denial of his motion to suppress evidence seized during a motor vehicle stop. Police received an anonymous call stating that a man was waiving a handgun […] Read more »

When Do Criminal Witness Statements Have to be Produced to the State?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-1-3174 State v. Brian Tier, N.J. Sup. Ct. (Timpone, J.) (13 pp.) New Jersey’s Supreme Court recently decided a case regarding criminal witness statements.  In the case, the defendant was charged with first-degree kidnapping, N.J.S.A. 2C:13-1, and first-degree criminal attempt to commit murder, […] Read more »

What Evidence am I Entitled to When Fighting Pretrial Detention?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has recently clarified what evidence the State has to provide when arguing for a defendant to be detained before trial.  The new Criminal Justice Reform Act effective January 1, 2017, allows for pretrial detention of defendants […] Read more »

Ran a Stop Sign but the Stop Sign is Not There. Was I Negligent?

31-2-3054 Compagnucci v. Collura , N.J. Super. App. Div. (per curiam) (7 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Appellate Division regarding a motor vehicle accident causing the plaintiff severe injury.   In the case, the plaintiff was stopped at an intersection which […] Read more »

Do Police Have to Knock Before Entering My House?

14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) […] Read more »

When Seeking a Graves Act Waiver, Can I See the Prosecutor’s Files from Other Waivers?

State v. Kassey Benjamin (A-43-15) (076612) (April 5, 2017) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Supreme Court recently decided a case in which the defendant brandished a firearm during a verbal altercation.  Although the gun was unloaded and the defendant did not point the gun at […] Read more »

What If a Police Officer Pats Me Down for Weapons but Finds Drugs?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case regarding a warrantless pat-down of the defendant’s person and seizure of heroin. In the case, a police officer heading home from work in an unmarked vehicle witnessed the defendant driving his car on […] Read more »