Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Malkin, decided November 24, 2014 by the Appellate Davison does not concern an ordinary narcotics transaction. But it does examine classic 4th Amendment search and seizure issues of law that are important for the readers of this blog to understand. The 4th Amendment reads:…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One of the requirements for conducting a warrantless search is exigency, or to use another word, urgency. The leading case concerning exigency is State v. Pena-Flores in which the Jersey Supreme Court claimed that it was just reaffirming three decades of New Jersey common law which all…
Submitted by New Jersey DWI attorney, Jeffrey Hark. Today the US. Supreme Court upheld a DWI stop based upon a tip that the driver had “been run off the road”. The Court found sufficient reliability in the detail and personal observation of the tip. See case attached. (Slip Opinion) OCTOBER TERM, 2013 Syllabus NOTE: Where…
State v Bennet (UnPub App 2013) Today the New Jersey Appellate Division affirmed the municipal court’s determination that a police officer did not have any objective lawful basis to walk up to a car in a gas station at or near a college campus and open the door and immediately investigate a DWI offense. In…
The latest analysis of when Miranda Warnings must be given to a person of interest or a ‘suspect’. Reference State of New Jersey v. Terrell L. Hubbard The issue is when is there a denial of freedom. When does the ‘totality of the circumstances’ lead an objective person to believe the person in question is…
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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…