State v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress

April 22, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play.  I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result.  Now I will be discussing the standard of review performed by the appellate division of the…

State v. Hemeway Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO)  is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…

State v. Hemeway: Appellate Division April 16, 2018 Restraining Order Search Warrant issue

April 22, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The key to this case is the good faith review of the facts presented to the family court judge at the time the temporary restraining order (TRO)  is signed and put into effect. Although the alleged victim lied about the facts and circumstances surrounding any domestic violence…

What is the penalty for an illegal search of my car?

April 11, 2018

If the police search my car what happens at a “Suppression” hearing? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled:  In  a blog I wrote yesterday the court ruled the Ocean County/Lakewood NJ police preformed an illegal search of a defendant’s car.  Now that the court ruled the search was illegal…

Can the police search my car before they get a warrant?

April 11, 2018

Can the police pull me over for no reason and get a search warrant to search my car, belongings bag, and other items after the fact? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: “Search warrants are prospective in nature — they authorize the taking of action. A later-obtained…

Can police walk up and search me based on an anonymous tip?

March 25, 2018

What do the police need to do to verify any anonymous tip or “crimestoppers” call? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses what the police need to confirm any anonymous phone call to a crimestoppers hotline regarding a person committing a crime.  In this case a ‘Crime-Stoppers’ call came in about…

Can the police search my bag in the Police Department? The Legality of an Inventory Search

March 16, 2018

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…

I was denied PTI! I want to appeal! How do I do it and how can I win?

March 5, 2018

What do you need to tell a judge, “Let me into PTI over the Prosecutor’s Objection!”  I need PTI so I do not loose my job! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUES: The key to this case is the fact that the defense attorney presented as much information regarding his client’s current and past life…

Miranda Issues and Cell Phone Search Issues

March 3, 2018

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…

What do the police need to tell a judge in order to get a Search Warrant of my house?

March 3, 2018

How can the police come in a search my house and a judge issue a warrant?? What is the process to get a search warrant of my home? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The foundation argument is that: “A search that is executed pursuant to a warrant is “presumptively valid,” and a…