New Jersey Criminal Law
Have 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…
Read MoreJuvenile Criminal Record Can Impact Admittance to Adult PTI (Pre Trial Intervention) Program
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Key to this case: Although a juvenile record is sealed when an individual turns 18, that record can be used by a prosecutors office, trial court, and appellate Court when a defendant is denied entry into the adult PTI program. Facts: In this case the defendant was…
Read MorePTI Appeal in New Jersey – State versus Austin
State V. Austin. Denial of Admission into PTI overturned. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case a defendant applied to be admitted into New Jersey’s PTI (Pre Trial Intervention) program. The prosecutor’s office in Gloucester County denied defendant’s admission and based same on defendant’s prior admission into Pennsylvania’s ARD diversionary program…
Read MoreMAN CHARGED IN CAMDEN HOMICIDE – 5/25/16
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Camden County Prosecutor Mary Eva Colalillo and Camden County Police Chief Scott Thomson announced a Camden man has been arrested and charged in connection with a fatal shooting in the city last week. Lehjye Waring, 24, was charged with first-degree murder of 24-year-old James Rhodes of East…
Read MoreAppellate Review of Trial Courts Determination of Evidentiary Questions
What is the standard of review for a trial courts decision regarding the introduction of certain pieces of evidence at trial? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Appellate Division and State Supreme Court are required to provide a quote deferential standard quote for reviewing a trial court evidentiary airy brewing.…
Read MoreNew Criminal Court Procedure if You are Arrested in New Jersey After May 20, 2016
New criminal court procedure if you are arrested after May 20, 2016: There are substantial changes to the New Jersey criminal court procedure for all indictable offense is an all complaint/summons cases. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This blog we will discuss the changes and procedure for indictable offense is that becomes…
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