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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a GPS tracking data retrieved from an auto theft investigation could be used to convict a murder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…
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a suspect’s statement made to police is admissible when he was wrongfully informed that he was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…
State of New Jersey vs RICHARD D. GRAY, JR. appellate division decided March 20, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant.…
State of New Jersey v. Richard Gray Jr. Appellate Division decided March 20, 2019 Facts: At around 1 a.m. on November 8, 2014, Penns Grove Police Department Patrolman Christopher Hemple went to the One Stop Deli for a property check. Inside the store, Hemple recognized defendant. Hemple knew there was an outstanding warrant for defendant.…
I did not know what I was being charged with when the police read me my Miranda rights. The police never told me what I was being charged with before or after I gave a statement, is this allowed? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. One of the bedrock constitutional rights we have…
State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…
State v. Laurie Wint (A-28/29-17)(079660) Argued September 26, 2018 — Decided December 12, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: Did Pennsylvania detectives violated Edwards v. Arizona, 451 U.S. 477 (1981), by attempting to question defendant Laurie Wint in Camden and later questioning him in Pennsylvania after he earlier requested counsel. The Court…
The police went through my pocketbook without reading me my Miranda rights were “arresting me“ are they allowed to do that? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This important aspect of this case has to do with whether a “inventory search” which took place with this defendant when she was brought to a…
Issue: Did a Hispanic individual make a knowing and voluntary waiver 1) of his right to remain silent and2) not consent to a search of his ‘entire’ cell phone and ‘all its systems’? What is the State’s burden of proof required “in order to admit the defendant’s statement at the time of trial and the evidence…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. “If you talk with us and tell us what happened, we will get you counseling and promise you will not go to jail!!!” Is this lawful in New Jersey??? The key to this decision is a defendant’s decision to provide a statement after he was given his Miranda warnings. The…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…