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 Docket No. A-2970-21 Decided March 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ motion appealing the court’s interlocutory orders which granted the State’s applications to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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the entry of a Final Restraining Order (FRO) even after the plaintiff moved to Florida.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…

Physical Acts of Domestic Violence Are Not Needed to Prove “Domestic Violence” In New Jersey

March 28, 2023 |

C.H. v. R.J.O. Docket No. A-1058-21 Decided March 27, 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) and attorney fee award against defendant after refusing to leave the plaintiff alone. In C.H. v. R.J.O.,…

Appeal Of Registrant Risk Assessment Scale (“RRAS”), Megan’s Law Tier Classification

March 27, 2023 |

In re Registrant B.D. Docket No. A-2243-21 Decided March 10, 2023 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his Megan’s Law Tier classification. Defendant pled guilty in 2019 to 2nd degree luring or enticing a child and was sentenced…

Defendant’s Uncontrolled Anger and Threats Also Posed a Risk to Plaintiff and FRO Is Necessary to Prevent Further Abuse

March 24, 2023 |

D.M.L v. K.A.C.  Docket No. A-1805-21 Decided March 2, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against her pursuant to the Prevention of Domestic Violence Act (“PDVA”). In February 2021, defendant began…