New Jersey Criminal Law
Argument analysis: Court appears ready to rule that Constitution’s bar on excessive fines applies to the states
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Today the Supreme Court heard oral argument in the case of Tyson Timbs, an Indiana man who lost his 2012 Land Rover after he pleaded guilty to drug charges. The state argued that it could seize the car because it had been used to transport drugs, but…
Read MoreCan the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest?
Can the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest? Is there a difference if the person has been charged with a crime? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: In this case the state filed an action in the Superior Court seeking a…
Read MoreJoint Committees hear testimony on bills to legalize recreational marijuana
Cyber harassment and the use of Facebook, Snapchat, Instagram, and email
State v. Carroll, New Jersey Appellate Division decision approved for publication November 8, 2018 Can I be charged with harassment or cyber harassment for posting a comment on Facebook with no specific target as a possible victim. Also this is an appeal from a initial determination of detention of the defendant entered by the Superior…
Read MoreWhat is a Speedy Trial right? When are my “Speedy Trial Rights” violated?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. What is a Speedy Trial right? When are my “Speedy Trial Rights” violated? I already rote a blog addressing the Suppression in this case. The facts are in the other blog. However, this court also analyzed the defendant’s claims that his speed trial rights were violated and…
Read MoreSuppression of Evidence from a police “Terry Stop” due to a violation of a municipal ordinance (Curfew Violation)
State v. Welch New Jersey Appellate Division (Unreported Decision November 7, 2018) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police approach a defendant who is alleged to have violated a curfew issued from Hurricane Sandy. The facts are as follows: 1) Officer Calleja testified that in the bright moonlight, aided by the patrol vehicle’s…
Read MoreCan a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Can a defendant introduce prior false accusations by a victim at the time of trial to discredit that victim’s testimony? The answer is yes however it has to be performed by a judge conducting a separate hearing out the ears of the jury prior to same being…
Read MoreOctober 24, 2018 NJ Appellate Division ruling on Fresh Complaint Evidence
State v. H.H. New Jersey Appellate Division Decision October 24, 2018. A-4208-16T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant was condition of endangering the Welfare of a Minor. The factual evidence in this case came from the victim’s testimony at the time of trial. The defendant objected to the information being introduced a ‘fresh complaint’…
Read MoreNews Release — Do you have an old New Jersey municipal court charge that is outstanding? What can you do about that?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Subject: News Release — Do you have an old New Jersey Municipal Court charge that is outstanding? What can you do about that? Do you have an outstanding municipal court traffic offense, minor infraction, or municipal ordinance charge more than 10 or 15 years old in New…
Read More5 Edison cops indicted in alleged no-show job scandal
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Five Edison officers were indicted Friday over an alleged no-show job scandal in which authorities say the cops pulled in tens of thousands of dollars by taking advantage of a corrupt system in the police department. A grand jury in Middlesex County handed up the indictments charging…
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