Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-1-3174 State v. Brian Tier, N.J. Sup. Ct. (Timpone, J.) (13 pp.) New Jersey’s Supreme Court recently decided a case regarding criminal witness statements. In the case, the defendant was charged with first-degree kidnapping, N.J.S.A. 2C:13-1, and first-degree criminal attempt to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-1,…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The Supreme Court of New Jersey has recently clarified what evidence the State has to provide when arguing for a defendant to be detained before trial. The new Criminal Justice Reform Act effective January 1, 2017, allows for pretrial detention of defendants who present a serious risk…
14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); second-degree unlawful possession…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent case decided by New Jersey’s Appellate Division, a jury convicted the defendant of: the lesser-included offense of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) first-degree felony-murder, N.J.S.A. 2C:11-3(a)(3) first-degree armed robbery, N.J.S.A. 2C:15-1 fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) third-degree hindering apprehension or prosecution,…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case which resulted in a rare reversal of a PTI denial. In State v. Denman, the defendant, a former Scotch Plains police officer, appealed from his conviction for third-degree attempted misapplication of funds, N.J.S.A. 2C:21-15 and 2C:5-1. The defendant…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark CRANBURY, New Jersey (WABC) — A man was shot and killed by state troopers at a rest stop on the New Jersey Turnpike Thursday. The shooting happened at about 2:45 p.m. at the Molly Pitcher Service Area in Cranbury. The New Jersey Attorney General’s Office said troopers…
(16-04-1150 ) State v. Hester, App. Div. (Decided March 23, 2017) Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark. 4 cases were recently consolidated for review by New Jersey Appellate Division. In each of the matters, an issue arose of whether it was a violation of the Ex Post Facto Clause of New Jersey’s…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The statute explicitly confers upon defendants a right to appeal an order of pretrial detention “pursuant to the Rules of Court” N.J.S.A. 2A:162-18(c) and “shall be heard in an expedited manner.” An appellate court “may find an abuse of discretion when a decision ‘rest[s] on an impermissible…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The State is obligated to demonstrate the propriety of defendant’s tier classification by clear and convincing evidence. In re Registrant M.F., 169 N.J. 45, 54 (2001). For a Megan’s Law Tier analysis, the precise nature of his original offenses would have been considered. Many aspects of his…
Legal Developments
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…