New Jersey Criminal Law
State 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 MoreSupreme Court Committee Calls for Major Changes to Criminal Justice Process | Bail Administration
Supreme Court Committee Calls for Major Changes to Criminal Justice Process The Supreme Court today released the report of the Joint Committee on Criminal Justice. The report calls for significant changes in the way bail is administered and for the enactment of a speedy trial law. The committee, established in June 2013 by Chief Justice Stuart…
Read MoreWhy Not to Accept a Plea Bargain
Submitted by New Jersey Criminal Attorney, Jeffrey Hark DEFENDANTS WHO ARE INNOCENT OR HAVE BEEN DENIED THEIR RIGHTS OF DUE PROCESS SHOULD REFRAIN FROM ACCEPTING PLEA BARGAINS This article will discuss why it is rarely in your interest to plead guilty or accept a plea bargain in a criminal case if you are innocent of…
Read MoreEmergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls
State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls. In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…
Read MoreRequirement to Provide Experts
August 12, 2013 Gordon v. Township of Toms River, Appellate Division A-5139-11T1 Requirement to provide experts Submitted by New Jersey criminal lawyer Jeffrey Hark August 8, 2013, the Appellate Division affirmed the trial court’s summary judgment against the plaintiff Richard Gordon. On September 27, 2009, Gordon had a few drinks that evening on the Seaside…
Read More“third-party intervention” exception or “private search” doctrine
State v. Wright, Appellate Division A-4813-10T1 “third-party intervention” exception or “private search” doctrine Criminal case summary provided by New Jersey Criminal Lawyer, Jeffrey Hark July 25, 2013, the Appellate Division affirmed the conviction of a defendant based on evidence obtained under the “third-party intervention” doctrine where police can search a defendant’s property without a warrant,…
Read MoreDenial of Due Process
On February 7, 2013, the New Jersey Appellate Division decided the case State v. Gibson (Docket No. A-5163-10T2) and found that the municipal court erred by relying on evidence from a suppression hearing during defendant’s trial on the merits. By doing this, the defendant was denied his due process rights. Posted by: New Jersey Criminal…
Read More