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…
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…
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…
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…
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…
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…
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…
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…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The issue here is whether the court should suppress any evidence obtained by illegal or improper police conduct. The general state of ‘exclusionary rule’ in the state and federal courts is that this ‘Rule’ is loosing favor. The question has become, regardless of the police conduct, there…
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…