When Prior Psychiatric or Medical Records Can Be Used in Court

March 9, 2017

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…

What Are My Rights to Evidence for a Pretrial Detention Hearing?

February 17, 2017

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…

Failure to Turn Over Drugs and Failure to Make a Lawful Disposition to a Police Officer from a Motor Vehicle Stop

January 1, 2017

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.…

Appeal of Denial to PTI Program – New Jersey DWI Law

December 29, 2016

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…

Get off of your phone! Your electronic communications can be used against you in the future.

December 21, 2016

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…

As a parent should I cooperate with the police and instruct my child to voluntarily waive his Miranda rights?

December 11, 2016

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…

New criminal court Rules to take effect January 1, 2017

December 8, 2016

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  

Have you been charged with a gun offense in New Jersey?

December 5, 2016

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…

Can the Jury Be Told of a Defendant’s Municipal Court Guilty Finding in a Civil Court Jury Trial Opening?

November 23, 2016

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…

The Inadvertence Requirement From the Plain-View Doctrine

November 19, 2016

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…