Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Supreme Court regarding a warrantless search of a defendant’s home. In the case, an officer responded to a noise complaint; essentially a municipal ordinance charge! The defendant was standing on the porch of his home when the officer showed…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. I have been charged with failure to turn over drugs (also Failure to make a lawful disposition) to a police officer from a motor vehicle stop. Is this a separate offense from possession of CDS. In this case the court ruled “failure to make lawful disposition” under N.J.S.A.…
State v. Hannah, NJ Appellate Division Decided December 20, 2016 Get off of your phone, stop Facebooking, stop texting, stop tweeting, stop sending Instagram photos. You could be in trouble if you don’t and what your electronic communications can be used against you in the future. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The…
Submitted by New Jersey Juvenile Crime Lawyer, Jeffrey Hark State v. D.N. As a parent should I cooperate with the police and instruct my child to voluntarily waive his Miranda rights? NO NO NO!!!! In this case a child was charged with a criminal offense. The under age juvenile was taken to…
State v. Benjamin Appellate Division Decision decided September 2015 Have you been charged with a gun offense in New Jersey? Did your attorney apply for a Graves Act waiver and appealed the denial to the County Assignment Judge? What is the process? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey gun offenses are…
State v. Xiomara Gonzales November 12, 2016 NJ Supreme Court Decision Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Gonzales is one of two New Jersey Supreme Court decisions this week outlining a “Plainview doctrine” and the ability of the state to introduce evidence at the time of a suppression hearing or trial. This case…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. If the police are lawfully called to your home for a domestic violence investigation are they allowed to walk around and perform a “safety sweep” in order to secure their safety while conducting a domestic violence investigation/call? The resounding answer is no! In this case the appellate…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Diaz. November 2, 2016 Several years ago the New Jersey Supreme court established a significantly greater burden when a defendant wants to withdraw his/her former guilty plea. Trial courts were required to advise defendants at the time of their plea that once the plea…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. By JOSH CORNFIELD Associated Press A Philadelphia Eagles wide receiver was charged Tuesday with possession of a 9 mm handgun without a permit and having a small amount of marijuana after he was pulled over for speeding, according to a court complaint. Josh Huff was pulled over…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This is a further affirmation by the Appellate Division that limits the police from using out of court identifications and hearsay information/testimony to bring evidence before a jury in a prejudicial manner. In this case, State of New Jersey vs. Cooper, the appellate division disapproved of the…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…