New Jersey Criminal Law
Failure 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
Read MoreHave 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…
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