New Jersey Criminal Law
Juvenile 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…
Read MoreTexting and Driving? Watch Out for the Textalyzer
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Over the last seven years, most states have banned texting by drivers, and public service campaigns have tried an array of tactics — “It can wait,” among them — to persuade people to put down their phones when they are behind the wheel. Yet the problem, by…
Read MoreMinor Vehicle Equipment Problems Can Lead to Criminal Convictions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Between the use of license plate readers and police officers attempting to pull motor vehicle operators over for any possible reason you have to get every equipment problem in your car fixed immediately. This is especially true if you were driving while suspended due to other traffic…
Read MoreExpert Testimony of Police for Drug Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Expert Testimony on Drug Possession versus Possession with Distribution In this case, State of New Jersey vs Jamison, the County Prosecutor identified one of their own investigator’s to be an ‘expert’ to testify what amount of drug possession equals possession with distribution, as opposed to just ‘possession’. This can have a…
Read MoreN.J. law requiring police-car cameras ruled unconstitutional
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. TRENTON – A 2014 law requiring all New Jersey municipalities to outfit new police patrol cars with dashboard cameras is unconstitutional because it does not provide an adequate funding source, a state board ruled Wednesday. The ruling by the Council on Local Mandates on a challenge brought…
Read MoreNew PTI Guidelines for New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Pretrial Intervention is, prior to these modifications, a first time offenders alternative disposition program aimed at non-violent non-weapons offense first time offenders that enabled defendants access to a non-jail probationary period up to 36 months. If a defendant successfully completes the probationary period without any new…
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