New Jersey Criminal Law
Anonymous Tips and Warrant-less Search | New Jersey Criminal Law
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark 14-2-3345 State v. Hunter, N.J. Super. App. Div. (per curiam) (10 pp.) Defendant appealed the denial of his motion to suppress evidence seized during a motor vehicle stop. Police received an anonymous call stating that a man was waiving a handgun in front of bystanders while…
Read MoreWhen Do Criminal Witness Statements Have to be Produced to the State?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-1-3174 State v. Brian Tier, N.J. Sup. Ct. (Timpone, J.) (13 pp.) New Jersey’s Supreme Court recently decided a case regarding criminal witness statements. In the case, the defendant was charged with first-degree kidnapping, N.J.S.A. 2C:13-1, and first-degree criminal attempt to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-1,…
Read MoreWhat Evidence am I Entitled to When Fighting Pretrial Detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has recently clarified what evidence the State has to provide when arguing for a defendant to be detained before trial. The new Criminal Justice Reform Act effective January 1, 2017, allows for pretrial detention of defendants who present a serious risk…
Read MoreRan a Stop Sign but the Stop Sign is Not There. Was I Negligent?
31-2-3054 Compagnucci v. Collura , N.J. Super. App. Div. (per curiam) (7 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Appellate Division regarding a motor vehicle accident causing the plaintiff severe injury. In the case, the plaintiff was stopped at an intersection which she was familiar with. The…
Read MoreDo Police Have to Knock Before Entering My House?
14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); second-degree unlawful possession…
Read MoreWhen Seeking a Graves Act Waiver, Can I See the Prosecutor’s Files from Other Waivers?
State v. Kassey Benjamin (A-43-15) (076612) (April 5, 2017) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Supreme Court recently decided a case in which the defendant brandished a firearm during a verbal altercation. Although the gun was unloaded and the defendant did not point the gun at anyone, the defendant was still…
Read MoreWhat If a Police Officer Pats Me Down for Weapons but Finds Drugs?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case regarding a warrantless pat-down of the defendant’s person and seizure of heroin. In the case, a police officer heading home from work in an unmarked vehicle witnessed the defendant driving his car on the shoulder of the road…
Read MoreMy Lawyer Denied My Request to Appeal My Criminal Conviction, Now What?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent case decided by New Jersey’s Appellate Division, a jury convicted the defendant of: the lesser-included offense of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) first-degree felony-murder, N.J.S.A. 2C:11-3(a)(3) first-degree armed robbery, N.J.S.A. 2C:15-1 fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) third-degree hindering apprehension or prosecution,…
Read MoreCan I Appeal My PTI Denial?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case which resulted in a rare reversal of a PTI denial. In State v. Denman, the defendant, a former Scotch Plains police officer, appealed from his conviction for third-degree attempted misapplication of funds, N.J.S.A. 2C:21-15 and 2C:5-1. The defendant…
Read MoreTroopers shoot, kill man at New Jersey Turnpike rest stop in Cranbury
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CRANBURY, New Jersey (WABC) — A man was shot and killed by state troopers at a rest stop on the New Jersey Turnpike Thursday. The shooting happened at about 2:45 p.m. at the Molly Pitcher Service Area in Cranbury. The New Jersey Attorney General’s Office said troopers…
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