Governor Murphy Toughens New Jersey’s Gun Laws by Signing Safety Measures to Protect Children and Families

January 2, 2019

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark   TRENTON – Governor Phil Murphy today signed a package of common-sense gun safety bills that make New Jersey among the states with the strongest and most formidable gun laws in the nation. More than 2,000 shootings occur annually in New Jersey, with around 500 firearm-related deaths…

What is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??

December 31, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…

CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT?

December 23, 2018

US V. MCCANTS 3RD CIRCUIT FEDERAL COURT DECISION — CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT? 2016 WL 4705452 United States District Court,D. New Jersey.  US v. Ibrahim McCants, Defendant.  Salas, District Judge. Pending before the Court are Defendant Ibrahim McCants’s motion to suppress. For…

Application of D.B. For A Firearms Purchaser Identification Card and Permit to Purchase a Handgun

December 20, 2018

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal…

State v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested

December 19, 2018

State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…

State v. WInt NJ Supreme Court Decision Miranda is still alive in NJ

December 17, 2018

State v. Laurie Wint (A-28/29-17)(079660) Argued September 26, 2018 — Decided December 12, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: Did Pennsylvania detectives violated Edwards v. Arizona, 451 U.S. 477 (1981), by attempting to question defendant Laurie Wint in Camden and later questioning him in Pennsylvania after he earlier requested counsel. The Court…

Kelly v. Gwinnell–“The New Jersey (Minority) Rule for Social Host Liability”

December 10, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193   Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…

PCR Motion and the Need for a hearing with testimony.

December 9, 2018

I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…

When can I get off of New Jersey’s Community Supervision for Life (“CSL”) Law?

December 9, 2018

When does the 15 year time period clock start to run for CSL Law in New Jersey? Is CSL different than Megan’s law? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: J.M. and H.D. were convicted of sex offenses, see N.J.S.A. 2C:7-2(b), in 1994 and 1998 respectively, and sentenced to periods of probation. Pursuant…

Argument analysis: Court appears ready to rule that Constitution’s bar on excessive fines applies to the states

November 30, 2018

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…