How much of my car can the police search if they pull me over and smell marijuana?

December 18, 2017

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…

Can my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a police cruiser?

December 18, 2017

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…

Have you recently been denied PTI by your county prosecutor’s office?

December 16, 2017

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Have you recently been denied PTI by your county prosecutor’s office? Send Hark & Hark your prosecutor’s PTI denial letter and we will see how we can help you!  Were are you summarily denied PTI without any explanation from the county prosecutors office or criminal case management?…

Can I get into PTI for selling weed?

November 30, 2017

Did my lawyer do enough to try to get me into PTI? What are the factors to be considered to get me into PTI? If the prosecutor’s office rejects my application can I go before the Judge and ask him to allow me to get into PTI?   Submitted by New Jersey Criminal Lawyer, Jeffrey…

Tips for a Successful Appeal from Municipal Court

November 6, 2017

I was just found guilty in Municipal Court and I want to appeal. What do I have to do to be successful to appeal from municipal court? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the appellate division reviews the standard of review of the Law Division judge when you appeal a…

What if you are charged with stealing chewing gum in New Jersey?

October 19, 2017

Are you charged with stealing chewing gum? Is this your only criminal charge? Have you been criminally charged with interfering with the custody and visitation arising out of a family case? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a very peculiar case addressing whether a parent’s decision to not comply with a…

Have you been pulled over for a motor vehicle violation and asked to get out of your car (in New Jersey)?

October 19, 2017

Have you been pulled over for a motor vehicle violation in the state of New Jersey? Have the police asked you to get out of your car? Are the police asking you lots of questions once you were out of your car? How far can the police go to ask you questions arising out of…

Pregnancy and Pre-Trial Release Conditions

October 1, 2017

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…

What You Need to Know About New Jersey’s Pretrial Intervention Program

September 27, 2017

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…

Have you been charge with a gun offense in New Jersey? Are you trying to get PTI?

September 19, 2017

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?…