New Jersey Criminal Law
Resentencing After Prior Conviction
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 14-2-4712 State v. Brown , App. Div. (per curiam) (25 pp.) Defendant appeals his convictions of second-degree aggravated assault, third-degree aggravated assault, and unlawful possession of a knife arising out of an altercation outside a fraternity house at Rutgers University. Prior Conviction Supporting Aggravating Sentencing Factors The…
Read MoreVioloation of Probation and Jail Credits
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark 14-2-4736 State v. Bell , App. Div. (per curiam) (11 pp.) Defendant appeals from the Law Division’s four-year sentence imposed following his guilty plea for violation of probation. He seeks additional jail credits corresponding to the period of custody from his arrest on new charges to…
Read MoreTime Matters: Determining When Questioning Becomes Arrest In Roadside Stops
Detention and Miranda Rights Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog deals with issues of what constitutes a detention in which your Miranda rights must be read. The case is an appeal of the denial of a defendant’s motion to suppress evidence in State v. Hamb, decided July 25, 2014 by the…
Read MoreThe Importance of Asking All the Questions During Jury Selection
Submitted by This blog discusses Erga v. Chalmers, an appeal where plaintiffs sought a reversal of a no cause verdict and remand for a new trial. The remand for a new trial occurred because the trial court judge failed to ask Question Six of the Administrative Office of the Courts Directive #4-07. This Directive outlines…
Read MoreIn Millville fatal police car crash, critical court decision pending
Submitted by Criminal Defense Attorney, Jeffrey Hark Original published on NJ.com BRIDGETON — A critical decision rests in the court’s hands in the case involving Timothy Seidel, the Commercial Township man charged in connection with the death of Patrolman Christopher Reeves in 2012. Last week, the state filed a motion aiming to preclude the defense from arguing that…
Read MorePolice Shoot-Outs, Consecutive Sentences, and In-Court Identification
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On June 25, 2014 this blog discussed the Yarbough criteria for sentencing as set forth in State v. Yarbough, 100 N.J. 627 (1985). In short these included: No free crimes (defendant must be sentenced for each crime they are found guilty of committing). Reason for consecutive v.…
Read MoreNew Jersey Takes Fake IDs Paperless
Constitutionality of law prohibiting possession of false government documents including digital images is affirmed Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog discusses State v. Borjas, decided by the Superior Court of New Jersey, Appellate Division, on July 8, 2014. Borjas, the defendant-appellant had his home computers confiscated under a search warrant based…
Read MoreHad it not been for my lawyer I would be free…or not!
What constitutes ineffective assistance of counsel? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog considers State v. Palacios, decided July 3, 2014 by the Superior Court of New Jersey, Appellate Division and addresses the question of how other evidence is used to fill in the blanks when a defendant claims memory loss of…
Read MoreAggrevated Assault Negotiated Plea Guidelines Modified
On May 29, 2014, the New Jersey Legislature enacted Jessica Lunsford Law. This Law requires any person charged with aggravated sexual assault involving a child under the age of 13 and any type of “penetration” to serve a mandatory minimum and a parole ineligibility of 25 years if they go to Trial and are convicted.…
Read MoreCell Phones: Password Protected And Now Warrant Protected
Major Privacy Ruling – Cell Phones and Unreasonable Search Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. News Flash:—— United States v. Wurie and Riley v. California. The U.S. Supreme Court decided two landmark cases on June 25, 2014 for anyone who gets arrested with a cell phone on them. One case arose out of…
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