New Jersey Criminal Law
Pregnancy and Pre-Trial Release Conditions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case (State v. Imani Williams) the Appellate Division reviewed and additional factor, a defendant’s pregnancy, under New Jersey’s recent Criminal Justice Reform Act, the new bail reform law. The court ruled that pregnancy should not be given any greater weight relative to other pre-trial release…
Read MoreWhat You Need to Know About New Jersey’s Pretrial Intervention Program
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark New Jersey Criminal Lawyers NJ has adopted both a law and court rule to govern applications for this program. A full discussion of these guidelines is contained on this website at Pretrial Intervention. We felt that you might also want to consult the Court Rule that applies…
Read MoreHave you been charge with a gun offense in New Jersey? Are you trying to get PTI?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Are you an out of state driver who is coming to New Jersey and been charged with a gun offense? Do you possess a valid gun and permit to carry from another state and brought your gun into New Jersey? Have criminal charges being filed against you?…
Read MoreCan the Police Pull Me Over For Not Having a License Plate Light On My Vehicle?
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The issue in this case is can the police pull somebody over for not having a license plate light on their vehicle. As a result of the stop the police officer walked up to the car after the defendant, Signode left but turn right. The officer…
Read MoreEvidentiary proofs required by New Jersey courts to prove DWI cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In the next series of blogs my office is going to discuss the current status of evidentiary proofs required by New Jersey courts to prove DWI cases as New Jersey moves toward allowing personal use possession and consumption of marijuana once Chris Christie leaves office and a possible…
Read MoreAre the police allowed to threaten and actually bring a canine to a motor vehicle stop for a ‘sniff’ of a car?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Our New Jersey Supreme Court decided on July 10, 2017 that New Jersey police can bring a dog to a motor vehicle stop without reasonable suspicion so long as the dog sniff does not prolong the stop beyond the time required to complete the stop’s mission. In…
Read MoreIs a police officer allowed to promise “No Jail” in exchange for cooperation and a ‘voluntary’ statement?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. “If you talk with us and tell us what happened, we will get you counseling and promise you will not go to jail!!!” Is this lawful in New Jersey??? The key to this decision is a defendant’s decision to provide a statement after he was given his Miranda warnings. The…
Read MoreCan Police Bring a Dog to a Motor Vehicle Stop? State of New Jersey v. Dunbar
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark New Jersey Supreme Court decided July 10, 2017 that New Jersey police can bring a dog to a motor vehicle stop without reasonable suspicion so long as the dog sniff does not prolong a good Jetta meant proposed a traffic stop. In the case of State v.…
Read MoreAre the police allowed to strip search me once I am in detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the sole issue is whether the police had the appropriate probable cause to conduct a strip search without consent and without a warrant. The facts in this case are pretty straightforward and consistent with a number of motor vehicle stops. The police pulled a…
Read MoreAt Trial, Prosecution Cannot Question a Defendant’s Right to Silence
14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) Published by New Jersey Criminal Lawyer, Jeffrey Hark. A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…
Read More