New Jersey Criminal Law
Detention At Arrest Location For 6 Minutes Held Reasonable!
State v. Antoine D. Watts (A-21-14) (074556) Argued September 17, 2015 — Decided December 2, 2015 Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark New Jersey Supreme Court decision: The issue in this case is whether the second search of a defendant for 6 minutes after he was initially detained on a street corner…
Read MoreGraves Act Release Valve Not a Break Free from Prison Card
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In State v. Holloway, the defendant found a handgun but did not turn it over to authorities because he had pending charges in Somerset County. He then proceeded to accidentally shoot himself in the foot at the home of his girlfriend and the gun was found during…
Read MoreFormal answer to the “dog sniff” question
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Until recently, if an officer possessed an articulable reasonable suspicion of criminal activity, an extended traffic stop in order to conduct a canine search was permissible. State v. Elders, 192 N.J. 224, 234-35 (2007) (where officers threatened the use of a canine in order to gain “consent”…
Read MoreState vs. Witt — Blog #4 Issue Failure to Dim Headlights as Probable Cause
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. THE KEY TO THIS ARGUMENT: THE DEFENDANT FAILED TO RAISE THIS ISSUE AT THE TRIAL LEVEL VIA A MOTION TO SUPPRESS THEREFORE THE APPELLATE COURT SHOULD NOT HAVE REVIEWED THE ISSUE:NEVERTHELESS, IMPLICIT IN THE ARGUMENT IS A HUGE INEFFECTIVE ASSISTANCE ARGUMENT! THE COURT OUTLINED THE FACTS PERTAINING…
Read MoreState vs. Scaltrito: Issue — Ineffective Assistance of Counsel at a Plea Hearing.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a case addressing a defendant’s claim that a) his attorney did not properly represent him during a criminal proceeding and subsequent plea. Specifically the defendant argued to the court his defense attorney told him he would get into ISP (Intensive Supervised Parole within 14-18 months after…
Read MoreThe Most Important Blog You’ll Read if You Drive In New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is the third blog in a series of blogs about the recent N.J. Supreme Court decision in State v. Witt—one of the most controversial cases in recent memory. The last two blogs discussed the facts of the case, and the history of case law in New…
Read MoreState v. Witt Part II: The Confusion of Exigency
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A previous blog presented the facts of State v. Witt and explained that up until now Pena-Flores was the governing case in New Jersey when it came to warrantless vehicle searches. Under that case a police officer must meet three requirements to search a vehicle without a…
Read MoreIf You’ve Ever Been Pulled Over You Must Read This Blog: Part I
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On September 24 the N.J. Supreme Court issued an opinion in State v. Witt that may be one of the most important in recent memory for people facing criminal charges arising out of traffic stops. With a dissent, the total length of the written opinion is 95…
Read MorePublic Defendants and Statute of Limitations
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In Ramey v. Demaio, decided August 25 by the Appellate Division, the plaintiff appealed a dismissal of her complaint against Mr. Demaio, acting director of the Newark Police Dept. Ramey’s daughter was murdered in 2011, and Ramey filed a complaint almost two year later in 2013 alleging…
Read MoreNew Jersey Criminal Law: State v. DeLoach
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. CRIMINAL LAW 14-2-7499 State v. DeLoach, App. Div. (per curiam) (20 pp.) Issue: Facts presented to the court at a Motion to Suppress: What is the court allowed to rely upon and base its decisions. Key Issue: The court must make finds of fact and conclusions of credibility…
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