Can police walk up and search me based on an anonymous tip?

March 25, 2018

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…

Can the police search my bag in the Police Department? The Legality of an Inventory Search

March 16, 2018

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…

I was denied PTI! I want to appeal! How do I do it and how can I win?

March 5, 2018

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…

Miranda Issues and Cell Phone Search Issues

March 3, 2018

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…

What do the police need to tell a judge in order to get a Search Warrant of my house?

March 3, 2018

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…

What happens if you are charged with a Violation of Probation, a “VOP”?

February 5, 2018

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…

State v Hicks & Rice – Do You Have to Cooperate when Police Approach You?

February 1, 2018

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…

State v. Akeem Boone (A-3-16) (077757)Search Warrant issues

December 19, 2017

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?…

What do the police need to put in a house search warrant?

December 19, 2017

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?…

My house was searched and I don’t have the search warrant?

December 19, 2017

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…