New Jersey Criminal Law
State’s Use of a Defendant’s Own Investigator to Testify Against His Own Client
The state’s use of a defendant’s own investigator to testify against his own client at the time of trial! State vs. Nunez: New Jersey Appellate Division June 10, 2014. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this appeal the defendant was awarded a new trial after the state called, and the court allowed…
Read MoreExigency and Warrantless Search | State of New Jersey vs. Witt
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One of the requirements for conducting a warrantless search is exigency, or to use another word, urgency. The leading case concerning exigency is State v. Pena-Flores in which the Jersey Supreme Court claimed that it was just reaffirming three decades of New Jersey common law which all…
Read MoreEvidence: Probative Value v. Prejudicial Effect on the Scale of Justice
Submitted by Criminal Defense Attorney, Jeffrey Hark. State v. Fereirra decided on May, 7 2014 was an appeal to the N.J. Superior Court, Appellate Division, that considered the balance between the probative value of evidence submitted and the prejudicial effect it has on the jury. By prejudicial effect what is meant is that some evidence…
Read MoreRight to a Fair Trial | State of New Jersey v. R.W.H. and Cyber Harassment
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. R.W.H. was decided by the Superior Court of New Jersey, Appellate Division on December 13, 2013 and considered some of the factors that could deny a defendant a fair trial. The case concerned the Defendant, the estranged mother of their children, T.J., and her new…
Read MoreNew Jersey Creates Cyber Harassment Statute
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark There have been recent developments to New Jersey Harassment Statutes that all people with cell phones, computers and internet social media access should be aware of. As of January 1, 2014, N.J.S.A 2c:33.1 creates the Cyber Harassment Statute. Violation of the Statute takes place when someone uses…
Read MorePennsville attorney Martin J. Siegel accused of stealing $200K from clients
If You Have Been Misrepresented By Your Attorney Contact Jeffrey Hark Today! (866) 427-5529 Pennsville Police Chief Allen J. Cummings addresses the arrest of township attorney Martin J. Seigel who allegedly stole an estimated $200,000 from clients over the past three years. The press conference was at the township municipal court on Thursday, Jan. 9,…
Read MoreIneffective Assistance Seen in Failure To Raise Diminished-Capacity Defense
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published in the NJLawJournal Michael Booth, New Jersey Law Journal A woman who pleaded guilty to infanticide was entitled to an evidentiary hearing on her claim that her lawyer should have argued diminished capacity due to her own history of sexual abuse as a child, a…
Read MoreState v. Leone | Second Degree Theft by Deception and Pretrial Intervention
Submitted by New Jersey Criminal Lawyer, Jeffery Hark -2-3382 State v. Leone, App. Div. (per curiam) (13 pp.) Reversal of Pretrial Intervention On the State’s appeal, the appellate panel reverses the Law Division’s order admitting defendant Philip Leone to pretrial intervention (PTI) over the State’s objection. In 2004, Leone approached a longtime friend to solicit…
Read MoreGrant of PTI to Embezzling Lawyer To Help Pay Back Victims Reversed
A trial court’s grant of pretrial intervention to a N.J. lawyer who admitted misappropriating $100,000 from investors—explicitly so that he could keep working to pay them back—didn’t stand up on appeal. The judge’s decision that letting Middletown solo Philip Leone stay out of jail would be in the best interests of his creditors was predicated…
Read MoreN.J. Takes Up Bill To Decriminalize Small-Scale Adult Use of Marijuana
Michael Booth, New Jersey Law Journal Re-published by New Jersey Drug Crime Lawyer, Jeffrey Hark Legislation introduced in New Jersey Monday would legalize possession, cultivation and sale of small amounts of marijuana—if the bill isn’t snuffed out by the governor’s promised veto. The measure’s sponsor says New Jersey should join Colorado and Washington State in…
Read More