State v. Ford & Williams Appellate Division Nj August 24, 2018–Pulled over or approached by the police with guns drawn Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this recent Appellate Division decision the court overturned a trial judges ruling regarding evidence obtained from a defendant the police and countered and immediately drew their…
As the informant’s information independently confirmed by the officers at the scene??? State of New Jersey v. Jeffrey Thomas Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On May 14, 2015, Sergeant Ricardo Diaz was assigned to the Trenton Crime Suppression Central Unit. This unit was established to help suppress violent crimes in the most…
What do the police need to do to verify any anonymous tip or “crimestoppers” call? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses what the police need to confirm any anonymous phone call to a crimestoppers hotline regarding a person committing a crime. In this case a ‘Crime-Stoppers’ call came in about…
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…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case regarding a warrantless pat-down of the defendant’s person and seizure of heroin. In the case, a police officer heading home from work in an unmarked vehicle witnessed the defendant driving his car on the shoulder of the road…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Were the passengers with no criminal history Improperly detained and or arrested? As I stated in the facts above two of the defendants were detained even though their identification checked and they had no outstanding warrants for their arrest. The court observed these two defendants were placed…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Rosario In this case the issue is whether the police’s contact and communications with the defendant was a ‘field inquiry’, a Terry stop, or a custodial interrogation? If difference depends on whether the subject of the inquiry, the defendant here, feels their freedom to leave have been…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Until recently, if an officer possessed an articulable reasonable suspicion of criminal activity, an extended traffic stop in order to conduct a canine search was permissible. State v. Elders, 192 N.J. 224, 234-35 (2007) (where officers threatened the use of a canine in order to gain “consent”…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On September 24 the N.J. Supreme Court issued an opinion in State v. Witt that may be one of the most important in recent memory for people facing criminal charges arising out of traffic stops. With a dissent, the total length of the written opinion is 95…
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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…