New Jersey Criminal Law
Collingswood Woman Killed in Stabbing – 8/22/16
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Camden County Prosecutor Mary Eva Colalillo and Collingswood Police Chief Kevin Carey reported a Collingswood woman was killed in a stabbing incident on Monday night (8/22/16). Collingswood officers responded to the Heights of Collingswood Apartments, C Building, around 7:49 p.m. Monday night in reference to a domestic…
Read MoreHow to Appeal From a PTI (Pretrial Intervention) Denial
State of New Jersey vs McDonald August 15, 2016. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division reversed a trial judge’s admission of a defendant into PTI after the prosecutor objected and denied defendant’s entry into their PTI program. The key to this decision is the judge’s ruling which…
Read MoreWhat Happens When You Can’t Afford to Pay? Inability to Pay Restitution After a Guilty Verdict
State v. Wyatt The subject of this case is the ability of a defendant to pay restitution after a guilty verdict of theft by deception. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The defendant was charged with stealing social services benefits (TANF) in the amount of $7000. I have handled numerous cases like this…
Read MoreProposal for NOT shackling juveniles in family court proceedings
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey state Judiciary Juvenile Justice Committee has recommended that juveniles no longer be restrained when they are brought into court and appear in front of a judge. The following is the Committee recommendation report submitted to the rules committee. The concluding recommendation includes a Rule…
Read MoreWhat does New Jersey Law Enforcement have to do to get your cell phone records?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: What does New Jersey Law Enforcement have to do to get your cell phone records?? Do they have to get a warrant signed off by a judge or is a Grand Jury Subpoena enough? The New Jersey Supreme Court decides law enforcement needs to get…
Read MoreState v. Smith New Jersey Appellate Division case July 5, 2016
Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977). This case…
Read MoreRule 7:2-1 Rule Change, Issuance of Summons and Warrants
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Municipal Courts Practice Committee has proposed changes to the NJ Rules regarding the issuance of summons and warrants to be effective on January 1, 2017. The rules changes address the municipal court’s ability to issue special terms of pretrial release/condition to enable the Judge to condition…
Read MoreDetectives Arrest a Voorhees Neurologist and Office Receptionist for Overprescribing Oxycodone – 6/15/16
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Camden County Prosecutor Mary Eva Colalillo, Gloucester Township Police Chief Harry Earle and Voorhees Police Chief Louis Bordi announced that Dr. William R. Wolfe, M.D., who operated a neurological practice located in Voorhees Township, was arrested in connection with an investigation into the overprescribing of the addictive…
Read MoreHave your license, insurance and registration in hand if you are pulled over.
When you get pulled over make sure you have your license, insurance, and registration in hand in order to avoid the necessity of further unwarranted intrusion by the police into your passenger compartment of your vehicle. This court recognized an exception to the warrantless search by police of a vehicle to uncover proof of ownership.…
Read MoreStandard of review for reviewing a trial judge’s decision to suppress evidence based on a warrant last search.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. These are the factual issues you have to be aware of when your attorney is at trial and or add a motion to suppress. These are the issues they trial judge looks for and appellate courts review to determine if the trial judge exercise proper discretion. State…
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