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…
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…
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”…
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…
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…
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…
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…
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…
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…
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…
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…