Restitution hearings: A defendant’s requirements to pay restitution and his/her ability to pay.

January 26, 2019

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…

Do NOT consent to give any DNA EVER!!!

January 24, 2019

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…

NJ 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

January 19, 2019

See the full document: NJ Supreme Court dismisses all parking violations

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 is “unwilling driver to cooperate”

January 19, 2019

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…

Standard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.

January 19, 2019

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,…

The ability of the police dog to testify in court

January 15, 2019

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…

LIVE: Active shooter situation at UPS facility in Gloucester County, New Jersey

January 14, 2019

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…

New Jersey’s 2016 revisions to their expungement statute and applications for expungements

January 9, 2019

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On January 8, 2019 New Jersey Supreme Court takes an additional steps towards reforming the criminal justice system with this decision addressing New Jersey’s 2016 revisions to their expungement statute and applications for expungements for defendants who have successfully completed drug court. Relying on the 2016 revisions…

Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?

January 8, 2019

State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence,  and social media friendship, text evidence and photos from texts used as evidence.  Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…

Plain view of a gun found in a car — What is “plain view”?

January 8, 2019

STATE OF NEW JERSEY v. LEE M. TRAVERS,  Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed:  Plain view of a gun found in a car—— What is “plain view”? FACTS:   The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…