New Jersey Criminal Law
Proposal 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…
Read MoreExpungement of Conspiracy to Distribute Controlled Substance – New Jersey
In the matter of the expungement of DP Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there is a very specific question as to whether a prior drug distribution arrest can be expunged when the final guilty plea was for a 2C: 5–2 conspiracy charge and judgment of conviction reflected that too.…
Read MoreTinted Windows Does Not Create Risk of Death or Injury
New Jersey Appellate Division rules that driving with tinted windows does not constitute driving in a matter that created a risk of death or injury. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Spears May 31, 2016 Rule: Don’t drive with tinted windows for driver and passenger front seats. Facts On February 16,…
Read MoreAt least 14 killed during N.J.’s wild and deadly Memorial Day weekend
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Emergency responders and emergency rooms all over New Jersey were busy this holiday weekend following a spate of shootings, car crashes, falls and people being hit by vehicles. At least 13 people were killed from Friday night through Monday and dozens of others hurt in incidents ranging from…
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