New Jersey Criminal Law
I was denied PTI! I want to appeal! How do I do it and how can I win?
What do you need to tell a judge, “Let me into PTI over the Prosecutor’s Objection!” I need PTI so I do not loose my job! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUES: The key to this case is the fact that the defense attorney presented as much information regarding his client’s current and past life…
Read MoreMiranda Issues and Cell Phone Search Issues
Issue: Did a Hispanic individual make a knowing and voluntary waiver 1) of his right to remain silent and2) not consent to a search of his ‘entire’ cell phone and ‘all its systems’? What is the State’s burden of proof required “in order to admit the defendant’s statement at the time of trial and the evidence…
Read MoreWhat do the police need to tell a judge in order to get a Search Warrant of my house?
How can the police come in a search my house and a judge issue a warrant?? What is the process to get a search warrant of my home? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The foundation argument is that: “A search that is executed pursuant to a warrant is “presumptively valid,” and a…
Read MoreWhat happens if you are charged with a Violation of Probation, a “VOP”?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Have you been charged with violating your probation? Are you on probation and had a positive drug test? Can My probation be violated for not paying restitution or not complying with the ‘minor’ terms of probation? Lots of people have questions regarding their probation status and what…
Read MoreState v Hicks & Rice – Do You Have to Cooperate when Police Approach You?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark What is the state of the law and can the police come up to you and talk to you. Do you have to cooperate? NO!!! The police can keep you, and ‘not allow you to leave’ only if they have a particularized suspicion that there is criminal…
Read MoreState v. Akeem Boone (A-3-16) (077757)Search Warrant issues
Why is a search warrant so important? What do the police need to put in a search warrant to get into my house? How can the police search my house? What do the police need to tell a judge to get a search warrant? My house was searched and i don’t have the search warrant?…
Read MoreWhat do the police need to put in a house search warrant?
Why is a search warrant so important? What do the police need to put in a search warrant to get into my house? How can the police search my house? What do the police need to tell a judge to get a search warrant? My house was searched and i don’t have the search warrant?…
Read MoreMy house was searched and I don’t have the search warrant?
Why is a search warrant so important? What do the police need to put in a search warrant to get into my house? How can the police search my house? What do the police need to tell a judge to get a search warrant? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The key to…
Read MoreHow much of my car can the police search if they pull me over and smell marijuana?
How much of my car can the police search when they pull me over and smell weed? Can they rip my car apart??? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The appellate division answer this question on December 12, 2017 in State v. Houston.The issue: did the search of your car once you were…
Read MoreCan my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a police cruiser?
State v. Houston New Jersey Appellate Division Decision December 12, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Can my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a trooper/police cruiser? Why can the police search my car? The questions can be answered…
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