New Jersey Criminal Law
How can I get into PTI after the Prosecutor objects or denies my participation into PTI
I want to get into PTI (Pretrial Intervention) because my criminal charge is for a 3rd or 4th degree offense. Why is the prosecutor objecting and not letting me in? What can I do? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case a government employee, defendant Morgan who was a school district…
Read MorePolice: Intoxicated driver charged in crash that killed woman, injured her brother at bus stop in Verona
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. VERONA, New Jersey (WABC) — A New Jersey man is facing charges after a crash at a bus stop that killed a woman and injured her brother. The Essex County Prosecutor’s Office charged Anthony Casale Jr., 25, of Belleville, with first degree death by auto in connection…
Read MoreCan the Police Search My Rental Car’s Center Console?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v Hamlett A-4399-14T2 In this case the defendant plead guilty to three different indictments for three different criminal cases pending against him. On appeal he raised an argument that the police were not allowed to search his rental car and specifically the center console of the…
Read MoreWhen Prior Psychiatric or Medical Records Can Be Used in Court
Submitted by Jeffrey Hark, New Jersey Criminal Defense Lawyer State v. Brandon Kane Can I get my girlfriend’s or boyfriend’s prior psychiatric or medical records and use them at trial to attack there credibility. There are two issues which must be addressed here. The first is criminal court Rule 3:13–3. First, the defendant cannot require the…
Read MoreWhat Are My Rights to Evidence for a Pretrial Detention Hearing?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Recently the New Jersey Superior Court implemented the final part of the State’s Bail Reform Act N.J.S.A. 2A:162-15 to -26 since it went into effect on January 1, 2017 and approved by voters and the legislature over 2 years ago. Now, when some is arrested there is…
Read MoreFailure to Turn Over Drugs and Failure to Make a Lawful Disposition to a Police Officer from a Motor Vehicle Stop
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. I have been charged with failure to turn over drugs (also Failure to make a lawful disposition) to a police officer from a motor vehicle stop. Is this a separate offense from possession of CDS. In this case the court ruled “failure to make lawful disposition” under N.J.S.A.…
Read MoreAppeal of Denial to PTI Program – New Jersey DWI Law
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a county prosecutor’s appeal of a trial court’s decision to overturn their denial of a defendant into their PTI program. Defendant was charged with the 4th° offense of driving a motor vehicle while suspended for a second or subsequent violation of DWI. Recently the NJ…
Read MoreGet off of your phone! Your electronic communications can be used against you in the future.
State v. Hannah, NJ Appellate Division Decided December 20, 2016 Get off of your phone, stop Facebooking, stop texting, stop tweeting, stop sending Instagram photos. You could be in trouble if you don’t and what your electronic communications can be used against you in the future. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The…
Read MoreAs a parent should I cooperate with the police and instruct my child to voluntarily waive his Miranda rights?
Submitted by New Jersey Juvenile Crime Lawyer, Jeffrey Hark State v. D.N. As a parent should I cooperate with the police and instruct my child to voluntarily waive his Miranda rights? NO NO NO!!!! In this case a child was charged with a criminal offense. The under age juvenile was taken to…
Read MoreNew criminal court Rules to take effect January 1, 2017
Will effect all: New Criminal Division Rules Please call to discuss how these changes may effect you!! Jeffrey S. Hark, Esq. 609-471-1959. Cell 856-354-0050 Office
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