New Jersey Criminal Law
Brooklyn Judge’s Ruling Raises Bar for Covert Cellphone Tracking
The StingRay, which is the size of a suitcase, essentially tricks nearby cellphones by acting like a cellphone tower and intercepting a phone’s signal. The devices can capture texts, calls, emails and other data.CreditU.S. Patent and Trademark Office, via Associated Press By Benjamin Mueller and Al Baker Nov. 15, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.…
Read MoreService Meant to Monitor Inmates’ Calls Could Track You, Too
Cory Hutcheson, a former Missouri sheriff, was charged with using a private service to track people’s cellphones without court orders.CreditMississippi County Sheriff Office By Jennifer Valentino-DeVries May 10, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Thousands of jails and prisons across the United States use a company called Securus Technologies to provide and monitor calls to…
Read MoreCan the prosecutors use a phone conversation recorded from the jail against me?
If I ask my mom to get somebody to accept responsibility for a criminal charge and this was recorded on a jail find a used against me? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark I have written prior blogs on this issue. Every phone conversation from the jail is recorded for administrative, safety and…
Read MoreCan the police search my car based on the smell of marijuana
Should I sign the consent search form and agree to let the police search my car with my daughter there only because the police told me they were going to get a warrant anyway? The cop said “it would be a lot easier if you just allowed me to search the car, We’re going to…
Read MoreWhat is a “Graves act” offense”?
Is there a difference between the legal requirement for “a permit to carry a weapon” in New Jersey and the legal requirements needed for first obtaining ‘a firearms purchasing ID card’ before possessing a weapon under the criminal code for convection? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant was…
Read MoreIn the Matter of Oladipo, N.J. Super. App. Div. ALJ Decision reviewed by Appellate Division
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case we discuss the Appellate Division’s ability to review any Administrate Law Judge’s decision. The case law on this issue is very clear, yet every once in a while, the court has to address this again. The case is about discipline/firing a state employee who appealed a disciplinary…
Read MoreState v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play. I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result. Now I will be discussing the standard of review performed by the appellate division of the…
Read MoreState v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO) is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…
Read MoreState v. Hemeway: Appellate Division April 16, 2018 Restraining Order Search Warrant issue
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO) is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…
Read MoreWhat is the penalty for an illegal search of my car?
If the police search my car what happens at a “Suppression” hearing? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: In a blog I wrote yesterday the court ruled the Ocean County/Lakewood NJ police preformed an illegal search of a defendant’s car. Now that the court ruled the search was illegal…
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