Posts Tagged ‘New Jersey Criminal Law’
Field Inquiry by police or investigative detention?
Which one are you involved in? Are you free to leave? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with…
Read MoreState v. Phillips
State v. Phillips Docket No. A-3953-18T4 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One night, police received complaints about drug dealing occurring at the Rodeway Inn, and the hotel manager told police that there had been heavy foot traffic in and out of Room 107. The police conducted surveillance and observed a male leave…
Read MoreState v. Graham
State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…
Read MoreCAN THE POLICE COME INTO MY HOTEL ROOM??
State v. Phillips New Jersey Appellate Division November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue: When and how can the police come into my hotel room?? It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…
Read MoreJudge’s Power at a Sentencing Hearing
Judge’s Power at a Sentencing hearing STATE OF NEW JERSEY v. ARTHUR W. VESPIGNANI, Unpublished opinion November 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Trial Judge’s power and authority at sentencing is seen in this case. So long as the judge lays out his/her thoughts and opinions consist with the criminal code,…
Read MorePTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL
State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…
Read MoreDismissal of Stale Complaints – New Court Rule 7:8-5(c)
Rule 7:8-5(c) – Dismissal of minor matters more than 10 years old – effective January 1, 2020 7:8-5(c) – Periodic Dismissal of Certain Municipal Court Complaints. At least annually, after notice to the prosecutor and pursuant to procedures promulgated by the Administrative Director of the Courts, the court shall dismiss all eligible complaints that are…
Read MoreNew Jersey Appellate Division decision October 24, 2019 what are the police allowed to do with a narcotic dog and searching a vehicle?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case is an Extension of the New Jersey Supreme Court decisions and Witt and Dunbar. The court here found the trial judge made an error of law when he opined that the hit by a narcotics dog required the police to obtain a search warrant to…
Read MoreMurphy seeks to influence gun policy with ‘power of the purse strings’
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. MORRISTOWN — Gov. Phil Murphy’s administration plans to use the “power of the purse strings” to advocate for stricter gun policies not just in New Jersey, but nationally. Murphy on Tuesday signed an executive order that will govern how New Jersey does business with firearms retailers and…
Read MoreCan Not Give A ‘Knowing and Voluntary’ Statement Without Being Told That A Warrant Has Been Signed Against Them
NJ Appellate Division Rules a defendant can not give a ‘knowing and voluntary’ statement without being told that a summons or warrant has been signed against them in the 1st place!! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY, v. MICHAEL D. WHITE, Decided August 30, 2019 Gloucester County, Indictment No. 18-01-0079.…
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