Posts Tagged ‘Miranda warnings’
NJ v. Christopher Diantonio – Appeal of Denial of Suppression
State of New Jersey v. Christopher Diantonio Docket No. A-1083-22 Decided March 25, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress statements he had given to police. On August 12, 2020, defendant arrived…
Read MoreNJ Supreme Court Rules on Miranda Warnings in Hospital
State of New Jersey v. Amandeep Tiwana Docket No. (A-36-22) (087919) Decided November 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether an investigating detective’s self-introduction to defendant at her bedside in the hospital following a car crash initiated…
Read MoreMiranda Warnings Are Required Whenever There Is A “Custodial Interrogation”
State of New Jersey v. Michael Olenowski Decided August 18, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey authored an extensive decision determining whether Drug Recognition Expert (“DRE”) evidence satisfies the reliability standard of N.J.R.E. 702 to allow its admission into evidence. R. 702 states,…
Read MoreState of New Jersey v. Marc Panchenko – The Impact of Waiving Miranda Rights
State of New Jersey v. Marc Panchenko Docket No. A-0133-19 Decided August 26, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed the trial court’s grant of the State’s motion to admit Defendant’s statement to police. At the suppression hearing, the trial court heard…
Read MoreWhat Do I Say to The Police If I Am Arrested?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Aziz (Appellate Division 2016) In this case the defendant, whom the police were looking for due to his cell phone number recently showing up on a cell phone of a dead woman, was brought to the police department for questioning. FACTS: After the police took…
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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