New Jersey Criminal Law
Have you been charged with a gun offense in New Jersey?
State v. Benjamin Appellate Division Decision decided September 2015 Have you been charged with a gun offense in New Jersey? Did your attorney apply for a Graves Act waiver and appealed the denial to the County Assignment Judge? What is the process? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey gun offenses are…
Read MoreCan the Jury Be Told of a Defendant’s Municipal Court Guilty Finding in a Civil Court Jury Trial Opening?
Barnes v. Flannery. November 22, 2106 Appellate Division Decision. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Often in personal injury cases defendants who caused the crash are charged with violation of the Title 39 Motor Vehicle Code. Long before any civil personal injury trial these defendants usually go to municipal court and either have…
Read MoreThe Inadvertence Requirement From the Plain-View Doctrine
State v. Xiomara Gonzales November 12, 2016 NJ Supreme Court Decision Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Gonzales is one of two New Jersey Supreme Court decisions this week outlining a “Plainview doctrine” and the ability of the state to introduce evidence at the time of a suppression hearing or trial. This case…
Read MorePolice Plain View Doctrine in Your Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. If the police are lawfully called to your home for a domestic violence investigation are they allowed to walk around and perform a “safety sweep” in order to secure their safety while conducting a domestic violence investigation/call? The resounding answer is no! In this case the appellate…
Read MoreLatest discussion of a defendant’s ability to withdraw Guilty Plea
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Diaz. November 2, 2016 Several years ago the New Jersey Supreme court established a significantly greater burden when a defendant wants to withdraw his/her former guilty plea. Trial courts were required to advise defendants at the time of their plea that once the plea…
Read MoreEagles player charged for pot, gun after traffic stop
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. By JOSH CORNFIELD Associated Press A Philadelphia Eagles wide receiver was charged Tuesday with possession of a 9 mm handgun without a permit and having a small amount of marijuana after he was pulled over for speeding, according to a court complaint. Josh Huff was pulled over…
Read MorePolice Testimony Identifying Defendant in Video Ruled Improper
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This is a further affirmation by the Appellate Division that limits the police from using out of court identifications and hearsay information/testimony to bring evidence before a jury in a prejudicial manner. In this case, State of New Jersey vs. Cooper, the appellate division disapproved of the…
Read MoreDefendant’s Pretrial Intervention Program Denial and Trial Court Review | State of New Jersey v. Fregm
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Fregm. October 17, 2016 In this decision the Appellate Division reversed the trial court for performed its own independent review of the 17 factors set forth in the PTI statute, found at New Jersey Statute Annotated 2C: 43–12(e)1, as opposed to only making a determination…
Read MoreHow the Use of Experts in Criminal Cases is Different from Experts in Civil Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Green Earlier this week we wrote a blog addressing the requirement for experts in civil cases to provide testimony regarding a defendant’s duty, breach of that duty, and the causal relationship to a plaintiff’s damage. These are civil burdens of proof the plaintiff is obligated…
Read MoreWhat is a ‘defacto’ arrest? Was I held by the police at the scene too long? What is a Terry Stop?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Were the passengers with no criminal history Improperly detained and or arrested? As I stated in the facts above two of the defendants were detained even though their identification checked and they had no outstanding warrants for their arrest. The court observed these two defendants were placed…
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