New Jersey Criminal Law
Perception Is Reality: When Fake Weapons or Gestures Make a Robbery First Degree
In the case of State v. Kelvin Williams, the defendant walked into a bank wearing baggie clothes and a hoodie and demanded money. He claimed that he had a bomb and the teller believed him because of his erratic behavior and loose clothing. The defendant demanded seven million dollars but was only given $552 from…
Read MoreLast Call On Evidence: Rules of Discovery
In Gi v. Dugar decided August 11, 2014 by the Appellate Division, the case involved a head-on car accident between a plaintiff and defendant. On appeal the plaintiff claimed that the trial court erred in declining to consider an expert report from her doctor because it was submitted after discovery had ended. Discovery is the…
Read MoreThe Right to Cross-Examine A Witness
Justices Bar Recanted Statement’s Admission Absent Testimony In State v. Slaughter, decided August 12, 2014 concerns two defendants both accused the other of being the primary killers of a man while the other looked on. The defendant in this particular case claimed that he was smoking a cigarette outside the victim’s home which was also…
Read MoreUS Supreme Court Opinion Crawford Ruling Bludgeoned In NJ Trio of Cases Michaels, Roach and Williams
In three cases the NJ Supreme Court has allowed the state to call a witness who ‘reviewed’ lab results and prepared reports in criminal cases such as a supervisor of the actual lab technician who did the work was an adequate witness to be called at the time of trial. In Michaels, Roach and Williams…
Read MoreMan Admits to Killing Millville Police Officer
Laurel Lake man pleads guilty to 2012 accident that killed Millville Officer Christopher Reeves
This photo provided by the Millville Police Dept. shows Christopher W. Reeves. The southern New Jersey police officer has died after his cruiser and another vehicle collided early Sunday, July 8, 2012. (AP Photo/Millville Police Dept.)South Jersey Times BRIDGETON — Retracting his previous not guilty plea, Timothy Seidel admitted to being responsible for the death of…
Read MoreDriver in crash that killed cop pleads guilty
BRIDGETON – The motorist behind the wheel of the car that killed a Millville police officer two years ago accepted a plea deal in the case today, officials have said. Timothy Seidel has been in Cumberland County Jail since his arrest following the crash on July 8, 2012. He pleaded guilty Monday to charges of…
Read MoreResentencing 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…
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