The Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest

October 8, 2020

State v. Macrae Appellate Docket No.: A-1303-18T2 Decided October 6, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…

What is Probable Cause in NJ and what is Lawful Interaction on Behalf of Police? State v. Alamilla

September 24, 2020

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Another key to this decision is the standard of review by the appellate court, which is used in virtually every appellate appeal for trial court decisions.  In order to be successful on appeal you must be aware…

When Do Police Have the Right to Approach you with Guns Drawn

August 26, 2018

State v. Ford & Williams Appellate Division Nj August 24, 2018–Pulled over or approached by the police with guns drawn Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this recent Appellate Division decision the court overturned a trial judges ruling regarding evidence obtained from a defendant the police and countered and immediately drew their…

State vs. Rosario: Is this an arrest or a field inquiry?

March 11, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Rosario In this case the issue is whether the police’s contact and communications with the defendant was a ‘field inquiry’, a Terry stop, or a custodial interrogation?  If difference depends on whether the subject of the inquiry, the defendant here, feels their freedom to leave have been…