Posts Tagged ‘New Jersey Criminal Law’
Time Matters: Determining When Questioning Becomes Arrest In Roadside Stops
Detention and Miranda Rights Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog deals with issues of what constitutes a detention in which your Miranda rights must be read. The case is an appeal of the denial of a defendant’s motion to suppress evidence in State v. Hamb, decided July 25, 2014 by the…
Read MorePolice Shoot-Outs, Consecutive Sentences, and In-Court Identification
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On June 25, 2014 this blog discussed the Yarbough criteria for sentencing as set forth in State v. Yarbough, 100 N.J. 627 (1985). In short these included: No free crimes (defendant must be sentenced for each crime they are found guilty of committing). Reason for consecutive v.…
Read MoreHad it not been for my lawyer I would be free…or not!
What constitutes ineffective assistance of counsel? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog considers State v. Palacios, decided July 3, 2014 by the Superior Court of New Jersey, Appellate Division and addresses the question of how other evidence is used to fill in the blanks when a defendant claims memory loss of…
Read MoreSetting the Timer: How Judges Determine Sentences
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog will consider State v. M.S. decided on June 17, 2014 by the Superior Court of New Jersey, Appellate Division. This is a case in which the State of New Jersey appealed an order establishing a Krol term of eleven years for a defendant who was…
Read MoreMajor Ruling Shields Privacy of Cellphones
Supreme Court Says Phones Can’t Be Searched Without a Warrant Submitted by New Jersey Criminal Attorney, Jeffrey Hark Originally published in the New York Times Read the related SCOTUS case, Riley vs California Chief Justice John G. Roberts Jr. called cellphones “a pervasive and insistent part of daily life.” Credit Stephen Crowley/The New York Times…
Read MoreEvidence: Probative Value v. Prejudicial Effect on the Scale of Justice
Submitted by Criminal Defense Attorney, Jeffrey Hark. State v. Fereirra decided on May, 7 2014 was an appeal to the N.J. Superior Court, Appellate Division, that considered the balance between the probative value of evidence submitted and the prejudicial effect it has on the jury. By prejudicial effect what is meant is that some evidence…
Read MoreRight to a Fair Trial | State of New Jersey v. R.W.H. and Cyber Harassment
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. R.W.H. was decided by the Superior Court of New Jersey, Appellate Division on December 13, 2013 and considered some of the factors that could deny a defendant a fair trial. The case concerned the Defendant, the estranged mother of their children, T.J., and her new…
Read MoreCompetent to Testify? Assessing the Credibility of Minors in Sexual Assault Cases
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark This blog discusses State v. Bueso, an appeal of a trial court conviction of first and second-degree aggravated sexual assault charges as well as a third-degree endangering the welfare of a child charge. This conviction was reversed and remanded for a new trial on April 22,…
Read MoreIneffective Assistance Seen in Failure To Raise Diminished-Capacity Defense
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published in the NJLawJournal Michael Booth, New Jersey Law Journal A woman who pleaded guilty to infanticide was entitled to an evidentiary hearing on her claim that her lawyer should have argued diminished capacity due to her own history of sexual abuse as a child, a…
Read MoreSupreme Court Taking Up Police Searches of Data Troves Known as Cellphones
Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…
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