Posts Tagged ‘miranda rights’
Motion To Suppress a Statement Made to Police While Suffering Serious Wounds and Being Under the Influence of Medication
State of New Jersey v. Rollie Ellis Docket No. A-3606-19 Decided January 18, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to suppress a statement she made to police about stabbing the victims. In April…
Read MoreDefendant Contended That His Un-Mirandized Statements to Police Should Have Been Suppressed and That the Court Committed Reversible Error
State of New Jersey v. Elijarh Hogges Docket No. A-1666-19 Decided December 2, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from judgment of conviction entered after a jury trial of four counts arising from a motor vehicle collision that resulted…
Read MoreMotion To Suppress Physical Evidence Seized as a Result of an Unlawful Search
State of New Jersey v. Carlos Sanchez Docket No. A-0930-20 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized by police without a warrant from his mother’s home. At…
Read MoreDefendant Challenges the Introduction of Inculpatory Statements Made to Detectives During a Custodial Interrogation
State of New Jersey v. Jamal Wade Docket No. A-31-21 Decided November 16, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey decided defendant’s appeal challenging the introduction of inculpatory statements he made to detectives during a custodial interrogation. In September 2016, an officer responded…
Read MoreOfficer Did Not Have Reasonable Articulable Suspicions of a Tinted Windows Violation That Was Needed to Justify a Motor Vehicle Stop
State v. Edward Bejarno Docket No. A-2163-20 Decided September 23, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s motion to suppress evidence following a motor vehicle stop, after he appealed the trial court’s denial of his motion. The facts of the…
Read MoreReversed: Conviction of Aggravated Manslaughter After Defendant Confessed to Killing His Wife
State v. Abayuba Rivas Appellate Docket No.: A-15-21 Decided June 22, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a jury conviction of aggravated manslaughter after defendant confessed to killing his wife. In State v. Rivas, at 10:00 a.m. on February 24, 2014, Rivas…
Read MoreStatements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed
State v. O.D.A.-C. Appellate Docket No.: A-78-20 Decided May 2, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reversed a denial of a motion to suppress after detectives continuously undermined the significance of the Miranda warning after properly administering Miranda. In O.D.A.-C., detectives…
Read MorePolice Are Required to Inform A Defendant as to the Reason for Arrest Before A Defendant Can Waive Their Miranda Rights
State v. Sims—-NEWS FLASH—- NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…
Read MorePolice Can Request A Warrant to Track A Vehicle While Investigation Auto Thefts in High Crime Areas
State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a GPS tracking data retrieved from an auto theft investigation could be used to convict a murder suspect, not directly subject to the auto theft…
Read MoreIf You Have Not Been Charged with a Crime, Police Do Not Have to Inform You If You Are Arrested or If You Are a Suspect
State v. Wade Appellate Docket No.: A-4388-18T4 Decided November 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a suspect’s statement made to police is admissible when he was wrongfully informed that he was not under arrest. In State v. Wade, a dark-colored…
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