Appellate Court Remands Ceatta Thomas Case for Further Consideration of Mental Health in Denial of Pretrial Detention Order Appeal

April 11, 2023 |

State of New Jersey v. Ceatta Thomas Docket No. A-2006-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order denying its motion for pretrial detention pursuant to the Criminal Justice Reform Act, N.J.S.A.…

NEW JERSEY COURT ENTERS FINAL RESTRAINING ORDER FOR REMOVING RING CAMERA AND NOT REPLACING IT IMMEDIATELY

April 10, 2023 |

P.A. v. S.A. DOCKET NO. A-2675-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed an entry of a Final Restraining Order solely for defendant removing a ring camera in a house where he resided and not replacing it immediately.…

Plaintiffs Have to Prove a Predicate Act of Domestic Violence and That the Restraining Order Is Necessary for Their Protection from Future Acts of Domestic Violence

April 6, 2023 |

J.D. v. A.M.W. DOCKET NO. A-1269-21 Decided April 6, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division of New Jersey reversed the denial of a Final Restraining Order after plaintiff proved a predicate act of domestic violence and a history of domestic violence with defendant choosing…

As Long as Officers Are Lawfully Present and There Is Evidence of a Crime That Is Immediately Apparent to Officers, They Can Seize the Evidence Without a Warrant

April 5, 2023 |

State v. Marese Washington, Jr. Appellate Docket No.: A-0733-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress after finding that police lawfully seized defendant’s vehicle in plain view after it was immediately apparent…

Interlocutory Review Was Improvidently Granted and Accordingly Dismissed the Appeal

April 5, 2023 |

State of New Jersey v. Anthony King, et al. Docket No. A-2970-21 Decided March 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ motion appealing the court’s interlocutory orders which granted the State’s applications to quash defendants’ subpoenas duces tecum issued to…

In Order to Show Cohabitation, the Movant Must Make an Application and Present Evidence of Six Factors

April 4, 2023 |

Lombardi v. Lombardi Docket No. A-0350-21 Decided April 3, 2023 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation but there was no proof…

Credibility Often Times Is the Sole Deciding Factor as to Whether a Final Restraining Order (FRO) Should Be Granted

April 3, 2023 |

B.B. v. K.K.C. DOCKET NO. A-2834-21 Decided March 31, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) even after the plaintiff moved to Florida. In B.B. v. K.K.C., The parties dated from approximately October…

POLICE OFFICER INTERNAL AFFAIRS RECORDS DISCOVERABLE FOR CRIMINAL DEFENSE

March 31, 2023 |

State v. Andre Higgs Appellate Docket No.: A-28-21 Decided March 30, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey has not made internal affairs records for police officers discoverable for criminal defendants in certain circumstances. In State v. Higgs, Defendant and May had been involved…

Motion to Suppress Evidence Must Be Reversed Because the Opening of the Car Doors During the Dog Sniff Constituted an Unlawful Search

March 31, 2023 |

State of New Jersey v. Nestor Balbi Docket No. A-2908-20 Decided March 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal from an order denying his motion to suppress evidence after a remand. The Appellate Court originally remanded the case…

Pre-Trial Intervention (PTI) Program Denied When Charged with Third Degree Operating a Motor Vehicle That Resulted in the Death of Another While Her License Was Suspended

March 30, 2023 |

State of New Jersey v. Laquana Ransdell Docket No. A-1476-21 Decided March 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of her application for admission into the Pre-Trial Intervention (PTI) program. In…