New Jersey Criminal Law
Withdrawing a Guilty Plea. How to do this and what you need to do to be successful
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark I plead Guilty to a charge and now want to withdraw that guilty plea due to some significant changes in factual circumstances! How do I do this and what do I need to do to be successful with the Motion to withdraw my Guilty Plea? STATE OF…
Read MoreInappropriate comments by a prosecutor in his opening and closing statements leads to overturning murder convictions. What did the prosecutor say that was wrong?
State of New Jersey v Greene & Lewis New Jersey Appellate Division decision decide to January 28, 2019. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Simply put, in this case the prosecutor made reference to possible testimony from a witness who heard a confession by one of the defendants that he committed the shooting…
Read MoreOne Lawyer, 194 Felony Cases and No Time
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Mr. Talaska was not outside the norm. Of the public defenders in Louisiana handling felony caseloads at that time, there were two dozen with even more clients. One had 413. Jack Talaska William Widmer for The New York Times The numbers alone might seem to violate the…
Read MoreRestitution hearings: A defendant’s requirements to pay restitution and his/her ability to pay.
STATE OF NEW JERSEY, Plaintiff-Respondent, v. GREGORY T. ISAZA, Defendant Decided January 25, 2019 SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: The court increase the defendant probation after the defendant was already sentenced and required defendant make restitution without a hearing to determine of the defendant has the ability to pay or to determine…
Read MoreDo NOT consent to give any DNA EVER!!!
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Coming Soon to a Police Station Near You: The DNA ‘Magic Box’ With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse. BENSALEM, Pa. — They call it the “magic box.” Its trick is…
Read MoreNJ Supreme Court dismisses all parking violations; motor vehicle offenses such as going through a stop sign, improper passing, general motor vehicle equipment violations, certain speeding offenses, and running a red light, local ordinance violations
See the full document: NJ Supreme Court dismisses all parking violations
Read MoreAre the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver is “unwilling driver to cooperate”
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver…
Read MoreStandard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…
Read MoreThe ability of the police dog to testify in court
Issue: The ability of the police dog to testify, and what the state need to do to insure that the police dog’s actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because…
Read MoreLIVE: Active shooter situation at UPS facility in Gloucester County, New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark LOGAN TWP., N.J. (WPVI) — Multiple police agencies and the FBI are responding to an active shooter situation at a UPS facility in Gloucester County, New Jersey. The incident was reported around 9 a.m. Monday on Birchcreek Road in Logan Township. This map shows the location of…
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