Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: Post Arrest invocation of right to an Attorney. Was the defendant’s request to speak to his family during an interrogation enough to invoke his right to remain silent? Once you ask to speak to a family member, you have invoked your right to counsel in…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In the Matter of the Expungement Petition of J.S. (A-84-13) (073376) In the Matter of the Expungement of the Criminal Records of G.P.B. (A-2-14) (074541) In these appeals, the Court determines whether N.J.S.A. 2C:52-2(a), which permits the expungement of a conviction for certain indictable offenses if the…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The 3-3 split in State v. Shannon on Aug. 19 means an Appellate Division ruling that evidence seized after an arrest based on an invalid arrest warrant must be suppressed is affirmed. Justice LaVecchia stated specifically opposing the Attorney General’s position in their brief, “We decline to carve out…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Legality of an Officer Entering a Vehicle without Permission State v. Keaton, decided August 3, 2015 by the N.J. Supreme Court touches on the following issue that may be important to readers. Does an officer have a right to enter your vehicle for the supposed purpose of…
Written by New Jersey Criminal Lawyer, Jeffrey Hark. A new bill passed in the N.J. legislature concerning DNA and criminal defendants. In the past, a defendant had to be incarcerated in order to request possible innocence-proving DNA testing, but now that could change if Governor Chris Christie approves the bill. If the bill became law…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This blog has discussed exceptions to Fourth Amendment protections on numerous occasions, and the discussion often circles back to exigency. Exigent circumstances sometimes provide a legitimate basis for police to intrude, and at other times unfortunately are used as an excuse to circumvent your rights. It all…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. According to the 2013 U.S. census, New Jersey has 131,542 public employees including judges, lawyers, corrections officers, and transit workers just to name a few. Many public employees look forward to the benefits of the Public Employees’ Retirement System. But, if you are convicted of a crime…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Perry et. al. is a case against several defendants that was consolidated for decision because the same legal issues were at play in all of the cases. It has to do with N.J.S.A. 2C:40-26(a)(b) which makes driving while suspended a fourth degree criminal offense with…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Olivero, decided June 29th, resulted in a unanimous opinion from the New Jersey Supreme Court deciding the question: Does a parking lot constitute a structure as would make someone criminally liable for burglary under N.J.S.A. 2C:18-2a? N.J.S.A. 2C:18‑2a insofar as it is applicable to this…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…
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…