Posts Tagged ‘miranda rights’
If 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a suspect’s statement made to police is admissible when he was wrongfully informed that he was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…
Read MoreJury hearing “Out of Court consistent Statements” of a police officer used bolster his credibility ruled reversible error warranting a new trial!
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.…
Read MoreCan the police give a defendant his Miranda warnings in the car on the way to the police department captured on a mobile video recorder?
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.…
Read MoreThe police never told me what I was being charged with before or after I gave a statement, is this allowed?
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…
Read MoreState v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested
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…
Read MoreState v. WInt NJ Supreme Court Decision Miranda is still alive in NJ
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…
Read MoreCan the police search my bag in the Police Department? The Legality of an Inventory Search
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…
Read MoreMiranda Issues and Cell Phone Search Issues
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…
Read MoreIs a police officer allowed to promise “No Jail” in exchange for cooperation and a ‘voluntary’ statement?
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…
Read MoreState vs Wright: Intimidation and Psychological Tools Used by Police Prior to Miranda Warnings
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The key to this part of the decision is the appellate courts recognition of the psychological warfare tools used by the police to intimidate and cajole arrestees into admitting anything, anything between the time they are…
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