State v Hicks & Rice – Do You Have to Cooperate when Police Approach You?

February 1, 2018

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark What is the state of the law and can the police come up to you and talk to you.  Do you have to cooperate?  NO!!! The police can keep you, and ‘not allow you to leave’ only if they have a particularized suspicion that there is criminal…

State v. Akeem Boone (A-3-16) (077757)Search Warrant issues

December 19, 2017

Why is a search warrant so important? What do the police need to put in a search warrant to get into my house?  How can the police search my house?  What do the police need to tell a judge to get a search warrant?  My house was searched and i don’t have the search warrant?…

What do the police need to put in a house search warrant?

December 19, 2017

Why is a search warrant so important? What do the police need to put in a search warrant to get into my house?  How can the police search my house?  What do the police need to tell a judge to get a search warrant?  My house was searched and i don’t have the search warrant?…

My house was searched and I don’t have the search warrant?

December 19, 2017

Why is a search warrant so important? What do the police need to put in a search warrant to get into my house?  How can the police search my house?  What do the police need to tell a judge to get a search warrant? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The key to…

How much of my car can the police search if they pull me over and smell marijuana?

December 18, 2017

How much of my car can the police search when they pull me over and smell weed?  Can they rip my car apart??? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The appellate division answer this question on December 12, 2017 in State v. Houston.The issue: did the search of your car once you were…

Can I get into PTI for selling weed?

November 30, 2017

Did my lawyer do enough to try to get me into PTI? What are the factors to be considered to get me into PTI? If the prosecutor’s office rejects my application can I go before the Judge and ask him to allow me to get into PTI?   Submitted by New Jersey Criminal Lawyer, Jeffrey…

Tips for a Successful Appeal from Municipal Court

November 6, 2017

I was just found guilty in Municipal Court and I want to appeal. What do I have to do to be successful to appeal from municipal court? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the appellate division reviews the standard of review of the Law Division judge when you appeal a…

What if you are charged with stealing chewing gum in New Jersey?

October 19, 2017

Are you charged with stealing chewing gum? Is this your only criminal charge? Have you been criminally charged with interfering with the custody and visitation arising out of a family case? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a very peculiar case addressing whether a parent’s decision to not comply with a…

Have you been pulled over for a motor vehicle violation and asked to get out of your car (in New Jersey)?

October 19, 2017

Have you been pulled over for a motor vehicle violation in the state of New Jersey? Have the police asked you to get out of your car? Are the police asking you lots of questions once you were out of your car? How far can the police go to ask you questions arising out of…

Pregnancy and Pre-Trial Release Conditions

October 1, 2017

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case (State v. Imani Williams) the Appellate Division reviewed and additional factor, a defendant’s pregnancy,  under New Jersey’s recent Criminal Justice Reform Act, the new bail reform law. The court ruled that pregnancy should not be given any greater weight relative to other pre-trial release…