Can the Police Pull Me Over For Not Having a License Plate Light On My Vehicle?

August 22, 2017

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…

Evidentiary proofs required by New Jersey courts to prove DWI cases

August 22, 2017

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…

Are the police allowed to threaten and actually bring a canine to a motor vehicle stop for a ‘sniff’ of a car?

August 13, 2017

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…

Is a police officer allowed to promise “No Jail” in exchange for cooperation and a ‘voluntary’ statement?

August 12, 2017

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…

Can Police Bring a Dog to a Motor Vehicle Stop? State of New Jersey v. Dunbar

August 1, 2017

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.…

Are the police allowed to strip search me once I am in detention?

August 1, 2017

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…

At Trial, Prosecution Cannot Question a Defendant’s Right to Silence

June 20, 2017

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…

New Expungement Rules Became Effective June 1, 2016

June 16, 2017

Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The New Jersey legislature has authorized a modified and accelerated expungement procedure for all municipal court charges that have been dismissed by way of trial and or court order. If you are charged with a municipal ordinance, disorderly persons offense, petty disorderly persons offense, your case…

At Trial, Prosecution Cannot Question a Defendant’s Right to Silence

June 13, 2017

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) 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…

Anonymous Tips and Warrant-less Search | New Jersey Criminal Law

June 2, 2017

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…