New Jersey Criminal Law
Can 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…
Read MoreCan the police search my car before they get a warrant?
Can the police pull me over for no reason and get a search warrant to search my car, belongings bag, and other items after the fact? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: “Search warrants are prospective in nature — they authorize the taking of action. A later-obtained…
Read MoreCan police walk up and search me based on an anonymous tip?
What do the police need to do to verify any anonymous tip or “crimestoppers” call? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses what the police need to confirm any anonymous phone call to a crimestoppers hotline regarding a person committing a crime. In this case a ‘Crime-Stoppers’ call came in about…
Read MoreCan the police search my bag in the Police Department? The Legality of an Inventory Search
The police went through my pocketbook without reading me my Miranda rights were “arresting me“ are they allowed to do that? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This important aspect of this case has to do with whether a “inventory search” which took place with this defendant when she was brought to a…
Read More