New Jersey Criminal Law
The 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…
Read MoreSetting the Timer: How Judges Determine Sentences
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog will consider State v. M.S. decided on June 17, 2014 by the Superior Court of New Jersey, Appellate Division. This is a case in which the State of New Jersey appealed an order establishing a Krol term of eleven years for a defendant who was…
Read MoreMajor Ruling Shields Privacy of Cellphones
Supreme Court Says Phones Can’t Be Searched Without a Warrant Submitted by New Jersey Criminal Attorney, Jeffrey Hark Originally published in the New York Times Read the related SCOTUS case, Riley vs California Chief Justice John G. Roberts Jr. called cellphones “a pervasive and insistent part of daily life.” Credit Stephen Crowley/The New York Times…
Read MoreProsecutor’s Preclusion of Defendant’s Entry into PTI Is an Abuse of Discretion
In determining whether to consent to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e),2 and also certain additional factors, policies, and The seventeen factors are: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age of the defendant; (4) The desire of the complainant or…
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