Posts Tagged ‘official misconduct’
Right to Remain Silent: Comments made when girlfriend records your statement with the help of police – Comments made in Closing are “FAIR COMMENT”
State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we…
Read MoreSexually explicit: New Jersey Supreme Court rules photos of relationship post 18 years old victim can be used to show sexual relationship while victim was underage.
Photos considered Relevant Evidence of long standing sexual relationship State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school…
Read MoreNJ Supreme Court Decision State v. Santamaria Procedural Issue: Standard of review for a trial error when the defense fails to make an objection at the time of trial but raises the issue on appeal
State v. Santamaria NJ Supreme Court Decision January 28, 2019 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Facts: Former middle school teacher Guillermo Santamaria was tried and convicted of aggravated sexual assault and official misconduct for his sexual relationship with a student at his school from the time she was fourteen. In this appeal we consider…
Read MoreNew jersey legislature introduces changes to the official misconduct statue
Official misconduct. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey legislature has introduced a change to its official misconduct statute in the spring of 2018. New Jersey Assembly is attempting to update the official misconduct statute requiring public officials who have been convicted of harassment, sexual contact, goodness, or sexual assault, when the…
Read MoreWest Deptford police officer indicted in rehab scheme
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. WEST DEPTFORD – A grand jury has indicted a Gloucester County police officer who prosecutors say schemed to get an offender into a drug rehabilitation program in which the officer had a financial stake. Thomas McWain, 31, was indicted Tuesday on charges of official misconduct, tampering with evidence…
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