Service Meant to Monitor Inmates’ Calls Could Track You, Too

May 11, 2018

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…

Can the prosecutors use a phone conversation recorded from the jail against me?

May 2, 2018

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…

Can the police search my car based on the smell of marijuana

April 27, 2018

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…

What is a “Graves act” offense”?

April 24, 2018

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…

In the Matter of Oladipo, N.J. Super. App. Div. ALJ Decision reviewed by Appellate Division

April 24, 2018

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…

State v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress

April 22, 2018

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…

State v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018

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…

State v. Hemeway: Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018

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…

What is the penalty for an illegal search of my car?

April 11, 2018

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…

Can the police search my car before they get a warrant?

April 11, 2018

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…