New Jersey Criminal Law
State vs. Wright: Identification of the defendant by the victim at the scene
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The next issue in this case is the identification of the defendant by the victim at the scene. In 2011 the NJ Supreme Court handed down it surfing in State vs. Henderson. That decision outlined a…
Read MoreAppellate Review of Defendant’s Statement Without the Benefit of Miranda Warnings.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Wright 1) Appellate review of a trial court’s decision for out of court identification and a use of defendant’s statement without the benefit of miranda warnings. This court, as all, review facts and the law and the trial court’s written decision. The court then outlines…
Read MoreNew Jersey RULE 3:28. Pretrial Intervention Programs
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. A.S. Here is a brief review of the PTI standard and law governing the Prosecutor’s PTI program in New Jersey New Jersey’s PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court’s guidelines for implementation, set forth in Rule 3:28. Generally, individuals with no…
Read MoreDischarge from PTI (New Jersey’s Pre-Trial Intervention Program)
State v. A.S., App. Div. (Approved for Publication February 26, 2016) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the defendant was initially accepted into New Jersey’s Pre-Trial Intervention Program; a first offenders rehabilitation program/probation program accessible to those who have no prior criminal record and are charged with 3rd or 4th degree non…
Read MoreKey Issues Involving the Interaction Between the Police and Individuals in Their ‘Residences’ | State vs. Webb
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue 1—– In New Jersey, absent probable cause and exigent circumstances the police still need a search warrant to enter a structure which the defendant may have actual or constructive possession thereof. THIS IS AN INVOLVED AND LONG…
Read MoreAppellate Division Standard of Review of a Trial Court’s Decision
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Defense Attorney, Jeffrey Hark. IN this blog we review, again, the Appellate Division’s scope and Standard of Review of a trial court’s decision. These are bedrock fundamental concepts that need to be taken into consideration when you are actually at trial listening…
Read MoreDefinition of “Significant” Injury in an Assault Case
State vs. Regan Definition of “significant” Injury in an Assault Case — temporary loss of any bodily member or organ or ‘temporary loss of any one of the five senses.” Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there was a question of fact regarding what this individual defendant did to cause…
Read MoreProsecutorial Misconduct Can Be a Ground for Reversal
Prosecutorial misconduct can be a ground for reversal where the prosecutor’s misconduct was so egregious that it deprived the defendant of a fair trial. State vs. Regan Appellate Division February 9, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case was won and or lost by the prosecutor based on several witness’ testimony…
Read MoreState v. Thorpe: Standard of Review by Appellate Court of Trial Court’s Determination
Appellate review of trial court determination Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.) This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal…
Read MoreSearch and Seizure Based on an Anonymous Caller
CRIMINAL LAW – Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.) This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal defendant. The…
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